WPCT[ 2BJZ Courier3|j 2x6X@`7X@HP LaserJet 5SiPCL) (Add) RM 701HPLAS5SI.PRSx  @\w$tX@2C6XFK Z3|j Times New RomanTimes New Roman BoldTimes New Roman ItalicTimes New Roman Bold Italic"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDdDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddxHxxHvppDXd<"dxtldpxxdHP LaserJet 5SiPCL) (Add) RM 701HPLAS5SI.PRSXj\  P6G;\w$tXP2 KuK`K "i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+999999S9S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN48v 4Technical[1]Eg%Technical Document Style O g% W4I O g54+$,     Technical[7]Eg%Technical Document Style O g% W4I O g6&-.  . Technical[8]Eg%Technical Document Style O g% W4I O g7&/0  . MACNormal8;     X` hp x (#%'0*,.8135@8:<    #:}D4P XP#T I. A. 1. a.(1)(a) i) a)T,0*ÍÍ,*Í ., US!!!! ! #:}D4P XP#     X` hp x (#%'0*,.8135@8:<    #:}D4P XP#,0*ÍÍ,*Í ., US!!!! ! #:}D4P XP#2UD9okA:A;iYB<CFootnote9Íčfootnote tex#:'p #FxX  Pg9CXP#header;Ax 4 <D  #FxX  Pg9CXP# reference<;#FxX  Pg9CXP#2J=~D>iF?^nG@OHitemizeX1=&V 8F ` hp xr#FxX  Pg9CXP#header2>I ` hp x`    #FxX  Pg9CXP# heading 3?F` hp x #FxX  Pg9CXP# footer!@!!#d\  PCP#2PA MJBZKKLKfNCitatorFormat Secretary's Citator Output FileAW r5-#d6X@`7Ͽ@# XX  X B r5-S  BFormat DownloadFormat Downloaded DocumentBiޛ r5- XX    \ #d6X@`7Ͽ@#"i~'^:DTddDDDd4D48ddddddddddDDd||||DXp||dp||ppL8LTdDddXdX8dd88X8ddddLL8dXXXLP8PlD4lTDDD4DDDDDDdDd8|d|d|d|d|dX|X|X|X|XD8D8D8D8dddddddddpX|ddddpXd|d|d|d|dXXlXx|X|X|X|XdddldldD8DdDDDddllXp8pHpDp@p8dtdddd|L|L|LdLdLdLllpHp8pTddddddplpLpLpLdpDddLpDpdx4ddC,CWddddddddddddddddddddddddddddddddddddddddNHxxHhdLdddddd8@d<@d<DDppdDDxddxHxxHkddDpd<"dxtldxxd"i~'^#)0<8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""2"2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""\4  pG;\5hC:,%rXh*f9 xr G;XXW!@(#,h@\  P6G;hPH5!,),5\  P6G;,P\ {,W80,%BZW*f9 xr G;X6jC:,<̃Xj9 xOG;Xg/F    "i~'^:LpddDDDdp4D48ddddddddddDDpppdLd||p|||D8DpdDddXdXDdp88d8pdddLL8pXdXLD,DpD4ppDDD4DDDDDDdDd8dddddXXXXXL8L8L8L8pddddpppp|Xdddd|Xd|ddddXXpXXXXXdddpdppL8LdLDLdpppd|8|h|D|L|8pppddLLLpLpLpLpp|l|8|ppppppp|p|L|L|Ld|DppL|D|d4ddC8CWddddddddddddddddddddddddddddddddddddddddNHxxHddLdddddd4, have established an electronic mailbox, < fccinfo@fcc.gov >, for   submitting messages and questions to the agency, and have created World Wide Web home pages for the Commission's operating bureaus.  O3. It is our goal to create a customerfriendly environment that uses the most current  X-  lfiling and processing technologies and promotes more efficient and speedy Commission   Loperations. To that end, the Commission has since 1994 made extensive use of electronic data  X_-  submission and bidding in connection with our spectrum auctions. _? yO-  Kԍ Indeed, in our wireless communications service auction, we required all prospective bidders to file their FCC   JForm 175 applications electronically and permitted bidding only from remote locations electronically by computer.   iUnder our recently revised Part 1 auction rules, we will require all prospective bidders to file their FCC Form 175 applications electronically beginning January 1, 1999. 47 C.F.R.  1.2105(a).  Since October 1997, renewal   applications for wireless radio services authorizations (FCC Form 900) have been required to be   submitted electronically. Effective February 2, 1998, we also mandated the electronic submission   via the Internet of federal tariffs and associated documents from incumbent local exchange  X -  carriers. ? {Od-   č See Implementation of Section 402(b)(1)(A) of the Telecommunications Act of 1996, Report and Order, 12 FCC Rcd 2170, 2195 (1997). Further, we have launched a comprehensive electronic filing initiative, which includes   Na proceeding to allow parties to file comments electronically in FCC notice and comment  X -  rulemakings. ? {O-  Jԍ See Electronic Filing of Documents in Rulemaking Proceedings, Notice of Proposed Rulemaking, 12 FCC Rcd 5150 (1997). With regard to call sign applications specifically, vanity call signs for amateur   radio stations can already be requested electronically via the Internet. The Mass Media Bureau   khas also acted to streamline its operations and has completed the first stage of an extensive   jproject to provide for electronic filing of broadcast applications, which will scan for incomplete  Xy-  jor inaccurate applications and provide for automatic computer analysis of interference issues.!yd ? {O-  ԍ See Notice of Proposed Rulemaking, 1998 Biennial Regulatory Review Streamlining of Mass Media  {OX-Applications, Rules, and Processes, FCC 9857 at  511 (rel. April 3, 1998) (Streamlining Notice).!   Also, broadcast television licensees may currently file (and, in fact, are encouraged to file) their  XK-  ^Children's Television Programming Reports (FCC Form 398) electronically. Given our   Mcommitment to expanding the use of electronic filing in many areas including broadcast, we  X-  believe the proposed modification in this Notice of our manual call sign assignment procedures  X-to be appropriate and timely. hh,  04. Under our current procedures, broadcast station licensees and permittees or counsel   /acting on their behalf must telephone the Commission's call sign desk and inquire as to the   lavailability of the call signs in which they are interested. Thereafter, requests for new or  X-  >modified call signs are made by letter. See 47 C.F.R.  73.3550. If a fee payment is required,   as is usually the case, FCC Form 159 (Remittance Advice) and the appropriate fee must  Xi-  accompany the letter request and be submitted to the Commission's lockbox bank in Pittsburgh,   KPennsylvania. Generally, new and modified call sign requests are authorized by the call sign desk"R ,-(-(ZZ"   within five business days after receipt from Pittsburgh. However, requests that are defective   because of an insufficient or faulty fee payment, or because of the Commission's intervening  X-  receipt of a request for the same call sign, ? yOK-  <ԍ Call signs are assigned on a "firstcome, first served" basis. A call sign reported as available by the call sign   ydesk may in fact be unavailable by the time the applicant's written request for that call sign is received, if, for   example, another request for that same call sign had already been received, with the appropriate fee, by Mellon Bank when the call sign inquiry was made.  are returned. Incomplete or otherwise deficient   requests are retained, although final processing and authorization is delayed until the necessary information is obtained or the deficiency remedied.  "5. Access to the new call sign reservation and authorization system will be made by   <licensees and permittees or by persons acting on their behalf via the Internet's World Wide Web.   This online, electronic call sign system will enable users to determine the availability and   licensing status of call signs; to request an initial, or change an existing, call sign; and to   determine and submit more easily the appropriate fee, if any. Because all elements necessary to   make a valid call sign reservation are encompassed within the online system, this system will   Mprevent users from filing defective or incomplete call sign requests, as may occur under the   current, manual system. The electronic system will, moreover, provide greater certitude, as a   selected call sign is effectively reserved as soon as the user has submitted its call sign request.   In addition, the online system encompasses virtually all functions previously performed manually   by the Mass Media Bureau staff. Confirmation of receipt of any requisite fee payment will be   ]done electronically, and a call sign change authorization will be issued automatically the   following business day. A call sign request requiring the submission of a fee will not become effective until confirmation that payment of the fee has been received.  X-  6. The new online call sign system proposed herein offers many advantages over the  X-  Commission's existing manual call sign system. Specifically, permittees and licensees will be   able to determine the availability of call signs and to request an initial, or change an existing, call   sign more easily and quickly. In fact, we have estimated that a user will be able to reserve an  X-  available call sign via the new online system within ten minutes.X? yO"-  hԍ Indeed, this immediate reservation of a call sign may be the most significant feature for users of the electronic   Msystem. Not only will the online system instantaneously reserve a requested call sign, the system will be immediately updated so as to inform any other user making an inquiry that such call sign is not available.  The electronic system will   {also prevent users from filing incomplete or defective call sign requests. If a user fails to   complete a required element, such as certifying compliance with the requirements of the Anti  Drug Abuse Act, an automatic error message will be triggered, and the user will be able to   correct the error. In addition, authorization of the reserved call sign can be automatically issued   immediately after confirmation of fee payment, if required, or shortly after reservation. Because   licensees and permittees will generally be able to utilize the online system to request and receive   Lan authorization for a requested call sign without Commission staff assistance or involvement,   xthe system will also conserve Commission resources. For these reasons, we believe the electronic   Kcall sign reservation and authorization system discussed in detail below will significantly improve",-(-(ZZ"   service to all radio and television broadcast station licensees and permittees, and we seek   Lcomment on whether licensees and permittees should be required to utilize the system to make   call sign requests. However, as we are sensitive to the possible inconveniences that mandatory   use of this new electronic system could impose on certain licensees and permittees, we also seek   comment on whether use of the online system should be permissive, rather than mandatory, for  X-  certain licensees and permittees, or whether, if mandatory, the Commission should phase in such a requirement.  X1-i? DISCUSSION  7. In modifying the practices and procedures by which call signs are assigned, we   propose to retain our longstanding policy of assigning call signs on a "firstcome, firstserved"   basis. Rather than requesting a call sign assignment by letter, however, broadcast licensees and   =permittees and authorized persons acting on their behalf will be able to confirm the availability  X -  kof call signs and reserve new or modified call signs via the Internet . This online, electronic   system will be accessible to authorized users 24 hoursaday, seven days a week, through the   World Wide Web by navigating to . We believe authorized users will   jinclude representatives who are directed by licensees and permittees to act on their behalf. To  XK-  zassist in its use, the system will have online aids, including a User's Guide , and information regarding the Commission's revised call sign policies and regulations.  8. Broadcast licensees and permittees should particularly note that our proposal to adopt   electronic filing procedures will not alter the current rules regarding what constitutes a valid call   sign. With one exception, only fourletter call signs (plus an LP, FM or TV suffix, if used) will   be assigned via the new online system. A licensee of a station with a grandfathered threeletter   call sign will continue to be allowed to utilize the same threeletter call sign, with an appropriate  X-  FM, TV or LP suffix, with respect to any commonlyowned station. See 47 C.F.R.  73.3550(f).   .Because, in recent years, the instances where threeletter requests have been made have been   yextremely rare, the online system was not designed to accommodate such infrequent requests.   However, any licensee seeking to apply its threeletter call sign to another, commonlyowned   -station will be able to do so by contacting the call sign desk directly. In accordance with existing   rules, call signs beginning with the letter "K" will not be assigned via the electronic system to   =stations located east of the Mississippi River, nor will call signs beginning with the letter "W"  X-  be assigned to stations located west of the Mississippi River. See 47 C.F.R.  73.3550(e);   j74.783(e). Although the online system will not prevent a user from requesting and reserving a   call sign in violation of this geographic rule, we propose to rescind any call sign assignment   [violating the rule. Of course, waivers of this and other call sign regulations can continue to be requested by contacting the call sign desk directly. We ask for comments on these proposals.  9. The Commission proposes to continue, as under the current rules, to assign five  XU%-  character alphanumeric call signs to low power TV stations. See 47 C.F.R.  74.783(d).   However, low power TV licensees will continue to be allowed to request via our new procedures   \the assignment of fourletter call signs with a LP suffix, in lieu of these fivecharacter alpha")',-(-(ZZ%"ԫ X-  numeric call signs. See 47 C.F.R.  74.783(e). To allow low power TV permittees to make call   >sign requests via the online system as freely as other broadcast permittees, we propose to   Keliminate the existing requirement that holders of low power TV construction permits who request   zfourletter call signs must submit with their requests a certification that the station has been   Nconstructed, that physical construction is underway at the transmitter site, or that a firm  X-  equipment order has been placed. See 47 C.F.R.  74.783(e). We believe that such restriction,   mandated because of the inherent limitations of the current manual system and limited   Commission personnel resources to handle the potentially large number of requests for such changes, is no longer necessary. We seek comment on these proposals.  X - 010. Under our current call sign practices, we allow mutually agreedto transfers of basic   Kcall signs only in cases where licensees of stations in the same service located in the same market   exchange frequencies or where a station switches to a new frequency in the same market. We   do not believe that continuation of this limitation any longer advances or safeguards any key   Commission regulatory objective. We are therefore proposing to eliminate any restrictions that   Mcurrently prevent licensees or permittees in the same service from agreeing to exchanges or transfers of call signs.  Xf- Call Sign Queries  N11. The initial welcome screen to the new online call sign reservation and authorization   isystem will present the user with two program choices to issue a query to the call sign database   or to request a call sign. Access to a description of the FCC's call sign policies and regulations,   yas well as to the call sign system's user's guide, is also available. Selecting the "Query" button   on the initial screen will launch the main "Call Sign Query" screen, where users can determine   the availability of any call sign of interest by simply entering that call sign. If a user submits an   jinvalid call sign, the system will respond with an error message indicating the call sign must be   of valid length (four letters) and must begin with the letter "W" or "K." Once a valid call sign   query has been submitted, the system will search the call sign database and return the licensing   information to the user. If a queried call sign has already been assigned, the system will respond  XR-  that the call sign is not available and will identify to whom that call sign is assigned or reserved. R? yO-  xԍ The information reported for such unavailable call signs will include the broadcast service for which the call  {O-  <sign was issued (e.g., TV or FM); any secondary call signs assigned (e.g., WxxxLP); the location of the licensed   ystation; and the name and address of the licensee. In addition, the system will report if there are any pending   hrequests related to the call sign, although the system will not report the reason that a request is pending. (A call sign   request may, for example, be "pending" if it is awaiting confirmation of fee payment from Mellon Bank or notification of transfer/assignment consummation.)    If a particular call sign is not currently assigned, the system will respond that the call sign is   available. Users may then immediately request or reserve such call sign by selecting one of the   3following functions: (1) "Change Request"; (2) "Permittee Initial Request"; (3) "Transfer/Assignment Request"; or (4) "Exchange Request."  X - Call Sign Reservations and Requests " B,-(-(ZZ"Ԍ ԙ12. From either the initial welcome screen to the call sign reservation and authorization   system, or following a query for an available call sign, users may request a call sign assignment.   A "Change Request" should be made if the user currently holds a broadcast license or permit with   an existing call sign that the user would like to change to a new, available call sign. A   "Permittee Initial Request" should be made by a user holding a construction permit who wishes  X-  [to make an initial call sign selection. A "Transfer/Assignment Request" should be made when   Ka proposed transferee/assignee with a license assignment or transfer of control application on file   wants to reserve a different call sign for the station to be transferred or assigned. An "Exchange   xRequest" should be made when two licensees in the same service want to mutually exchange their   call signs or where, by mutual agreement, a licensee or permittee seeks to transfer its station's call sign to another licensee or permittee.  X < 013.  Change Requests. A licensee wanting to change its assigned call sign to a new,   available call sign should select the "Change Request" function on the "Call Sign Request Menu."   A licensee of an FM or TV station seeking to modify its current call sign only to the extent of   adding or deleting an "FM" or "TV" suffix should also select this "Change Request" function.   The system will then ask the user to enter both the call sign being requested and the call sign   currently assigned to the licensee. Again, if the user submits an invalid call sign, the system will   respond with an error message indicating that the call sign must be of valid length (four letters)   and must begin with the letters "W" or "K." If a user submits a request to change to a call sign   that has already been assigned, the system will respond with a message stating that the requested   .call sign is unavailable and identify the holder of the primary call sign. If a request is made for  X-  la secondary call sign (e.g., WxxxFM) whose primary call sign (e.g., Wxxx) is assigned to   <another holder, the user will be required to certify that consent to use the secondary call sign has   been obtained from the holder of the primary call sign. Upon initial reservation of such call sign,   the holder of the primary call sign will be automatically notified of the user's action via postcard   sent by U.S. mail on the next business day. In addition, if a requested call sign is reserved by   >the Coast Guard, the system will so inform the user and provide the Coast Guard telephone   jnumber and contact person so that the user may request release of the call sign from the Coast   Guard. Once written approval of the release of the call sign is received by the Commission from  XQ-  \the Coast Guard, Mass Media Bureau staff will add that call sign to the call sign availability database.  X - ] 14. After the user submits in appropriate form the licensee's currently assigned call sign   and the requested call sign, the system will display the "Change Request Form." This form will   display the licensee's current call sign information (including the broadcast service for which the   call sign was issued and the licensee's name and mailing address) and the requested call sign. The entry portion of this "Change Request Form" will ask the user for the following:  (1) The desired effective date for the change of the call sign in month/day/year format.   [As is currently required by our rules, the specified effective date must be within 45 days of the  XT%-  submission of the call sign request. See 47 C.F.R.  73.3550(k). Users should note that a call   sign request requiring the submission of a fee will not, regardless of the effective date specified  X('-by the user, become effective until confirmation that payment of the fee has been received."(',-(-(ZZ%"Ԍ 0ԙ(2) Certification that neither the licensee nor any shareholder, officer or director thereof,   <is subject to a denial of federal benefits, including Commission benefits, pursuant to Section 5301 of the AntiDrug Abuse Act of 1988, 21 U.S.C.  853(a).  (3) If the request is for a secondary call sign, a certification by the requestor that consent has been received from the primary call sign holder.  (4) Information concerning the person making the call sign change request, including the  XH-user's name and organization, address, telephone number and email address.XH? yO -  ԍ If the address of the person making the change request is the same as the displayed address of the licensee,   then the user may simply check the box on the screen labeled "Check here if applicant address is same as licensee" to avoid typing redundant information. However, the user will still be required to enter his/her name.    If a user submits incomplete information on this "Change Request Form," the system will notify   the user accordingly, and the user will be able to enter complete information. Users should also   be aware that certifications (such as those specified above in this paragraph) made while   .requesting a new or modified call sign via the online system constitute representations to the   jCommission upon which we will rel $"  $" y. $" Users, including$"  licensees or permittees $" or their counsel$" ,   iwho submit false certifications while making call sign requests will be subject to severe sanctions,  X-  including revocation of their station licenses or construction permits and/or forfeiture. See 47 U.S.C.  312(a)(1), 503.  15. Upon submission of a completed "Change Request Form," the call sign reservation system will automatically do the following:  (1) Return an onscreen verification of the receipt of the "Change Request Form," and indicate the "Call Sign Request Number" which should be noted for future reference. (2) Temporarily "lock" or reserve the requested new call sign.  (3) Insert the call sign change request into the queue of pending requests and into the call  X~-sign database. ~? yO-  ԍ Thus, if another user were to submit a request for this same call sign, the system would report the call sign as unavailable.  (4) Generate the postcards acknowledging reservation of the requested call sign, which   Lwill be sent by U.S. mail on the business day following reservation of the call sign by the user.   These reservation postcards will be sent to both the affected licensee and to the person making   the call sign change request on its behalf. Thus, if a person not authorized by the licensee were   to attempt to change the licensee's call sign, the system would automatically notify the licensee   that a new call sign had been requested for its station and the identity of the person submitting   =such request. In such a situation, the licensee should immediately notify the Commission that" @ ,-(-(ZZ"   yan unauthorized request for a call sign change had been made. If a change or other type of call   0sign request is made for a secondary call sign, the system will also automatically send a  X-  -reservation postcard to the licensee holding the primary call sign. Thus, if a licensee or permittee,   contrary to its certification, were to request a secondary call sign without obtaining the consent  X-  of the primary call sign holder, the primary holder would $"still  $" be notified that such a request had been   submitted. We believe that this automatic notification procedure will provide an effective security check on the electronic call sign reservation part of our online system.  0(5) If the payment of a fee is required for the call sign change requested, inform the user   .that completion of the Form 159 and the fee payment are required within 15 days from the date  X -  of the change request to complete the request. See paragraphs 2526 below for discussion of the   online Form 159. If the fee payment is not received within the specified time frame, the   requested call sign change will be cancelled electronically and the call sign will no longer be   =reserved. Upon confirmation of receipt of the requisite payment electronically, the system will finalize the requested call sign change.  (6) Generate the postcard sent to the licensee acknowledging the assignment of the   =requested new call sign. This authorization postcard will contain the effective date of the new   call sign assignment (which will continue to be within 45 days of the request), and will state that   the postcard is considered part of the station license pending issuance of an authorization   [incorporating the new call sign. The authorization postcard would be genera $"  $" ted$"  $" no earlier than$"    five business days after the call sign reservation. If a fee payment is required for a particular call   !sign change, confirmation of such payment will also be required before issuance of the authorization postcard.   iFollowing the effective date of the change of a broadcast station's call sign, the station's previous   mcall sign will be available for reservation by another user. In addition, the system will  X-  periodically generate public notices identifying all Mass Media Bureau call sign actions taken   during the specified period. Currently, these public notices listing call sign actions are released   every two weeks. Under our revised procedures, we would expect such public notices to be   released at least as  $"  $" often, $" and we request comment on whether the notices should be released more frequently.$"   X < =16.  Permittee Initial Request. In accordance with our existing rules, the online call sign   system will not accept a call sign reservation request from an applicant for a new station until  X-  [the Commission has granted a construction permit. See 47 C.F.R.  73.3550(b). It has been our   -experience that permittees of new stations apply promptly for their initial call signs after the grant   of their construction permits. Under our revised procedures, we will continue to expect   ypermittees to request the assignment of their initial call signs expeditiously following the grant  X#-  iof their construction permits.  The Commission proposes, however, to no longer assign a call sign   zif a permittee of a new station fails to request the assignment of a call sign within 30 days of  XV%-  grant of the construction permit. See id. Given the promptness with which broadcast permittees   generally apply for their initial call signs, we believe that the Commission should no longer be  X*'-  involved in the assignment of such call signs and that eliminating such involvement will further"*' ,-(-(ZZ%" conserve Commission resources. We ask for comment on this proposal.  17. A holder of a construction permit who wishes to make an initial call sign selection   should select the "Permittee Initial Request" function from the "Call Sign Request Menu." The   system will display a screen requiring the entry of the requested call sign and the permittee's   construction permit file number. Users should enter an available fourletter call sign (with an   Moptional FM, TV or LP suffix); if a user submits an invalid call sign, the system will respond   .with a message indicating that the new call sign must be four letters starting with "W" or "K,"   with an optional FM, TV or LP suffix. If a user submits a request for a call sign that has already   been assigned, the system will respond with a message stating that the requested call sign is   unavailable. If a user submits an incorrect construction permit file number, the system will   respond with a message indicating that the FCC database does not contain the specified file number.  m18. Submission of a valid requested call sign and construction permit file number will   .display the "Permittee Initial Request Form," which is identical to, and should be completed in   the same manner as, the "Change Request Form" described in paragraph 14 above. Upon   submission of a completed "Permittee Initial Request Form," the call sign reservation system will automatically do the following:  {(1) Return an onscreen verification of the receipt of the "Permittee Initial Request Form" and indicate the "Call Sign Request Number" which should be noted for future reference.  (2) Insert the call sign request into the queue of pending requests and into the call sign database.  (3) Generate the postcards acknowledging reservation of the requested call sign, which   will, for security purposes, be sent on the business day following reservation to both the permittee  X|-and to the person making the call sign initial request on its behalf. |? yO-  kԍ As described in paragraph 15, if a permittee has requested a secondary call sign, the system will also automatically send a reservation postcard to the primary holder of that call sign.  @(4) Generate the postcard sent to the permittee acknowledging the assignment of the   requested initial call sign. Because no fee payment is required when requesting an initial call   sign, this authorization postcard will be generated no earlier than five business days after issuance of the postcards acknowledging reservation of the requested initial call sign.  X< k19.  Transfer/Assignment Request.  $"  $" As $" permitted$"  under our current rules, an applicant   -for transfer or assignment of an outstanding construction permit or license may utilize the online  X!-  [reservation system to request a new call sign for the station to be assigned or transferred. See   47 C.F.R.  73.3550(c). Because, as described previously, we generally believe that Commission  X#-  involvement in the assignment of call signs is unnecessary, we propose to no longer select and"#  ,-(-(ZZt""   assign a new call sign in the event of a transfer or assignment of a station whose existing call  X-  sign conforms to that of a commonly owned station not part of the transaction. See 47 C.F.R.  X-  73.3550(d). X? yOM-  ԍ Currently under this section, the Commission will assign a new call sign to the assigned/transferred station   wif the new licensee of the station does not, within 30 days after consummation, request a different call sign or submit a statement of written consent to retain the conforming call sign from the existing owner. We believe that the assignee/transferee alone should bear the responsibility of   requesting a different call sign or obtaining the consent necessary to retain the present or   conforming call sign from the existing owner. In our experience, the parties to assignments and   xtransfers have been able to resolve the call sign issue without Commission involvement. We seek comment on this proposal.  n20. A transferee or assignee desiring to reserve a new call sign for the station it is   Zseeking to acquire should select the "Transfer/Assignment Request" function from the "Call Sign   KRequest Menu." The system will display a screen requiring the entry of the transferee/assignee's   -requested call sign, the licensee's current call sign, and the license assignment/transfer of control   /application file number. As previously discussed in detail, if the user submits an invalid or   incorrect call sign or assignment/transfer of control application number, the system will respond with an appropriate error message and provide the user with an opportunity to correct the error.  021. Submission of a valid requested call sign, current call sign, and assignment/transfer   .of control application file number will display the "Transfer/Assignment Request Form." This   yform is similar to, and should be completed in the same manner as, the "Change Request Form"   Odiscussed in paragraph 14 above. Unlike the "Change Request Form," however, this   "Transfer/Assignment Request Form" will not ask the user to enter an effective date for the call   [sign change because such date will be dependent upon obtaining Commission approval of the   station's assignment or transfer. Upon submission of a complete "Transfer/Assignment Request Form," the call sign reservation system will automatically do the following:  ?(1) Return an onscreen verification of the receipt of the "Transfer/Assignment Request Form," and indicate the "Call Sign Request Number" which should be noted for future reference. (2) Temporarily "lock" or reserve the requested new call sign.  (3) Insert the transfer/assignment request into the queue of pending requests and into the call sign database.  X - N(4) Generate  $"   $" postcards acknowledging reservation of the requested call sign, which will,   for security purposes, be sent on the business day following reservation to the proposed   assignee/transferee, to the current licensee of the station being assigned or transferred, and to the user who made the transfer/assignment request.  |(5) If the payment of a fee is required, inform the user that completion of the Form 159""  ,-(-(ZZ!"   Kand the fee payment are required within 15 days from the date of the transfer/assignment call sign  X-  request to complete the request. See paragraphs 2526 below for discussion of the online Form   L159. If the fee payment is not received within the specified time frame, the transfer/assignment call sign request will be cancelled electronically and the call sign will no longer be reserved.  }(6) After receiving notification of the consummation of the transfer or assignment,   generate the authorization postcard sent to the new licensee of the transferred/assigned station   acknowledging the assignment of the requested new call sign. This notification of the   consummation of an assignment or transfer cannot be done electronically at this time and will be   incorporated in other ongoing Bureau electronic filing initiatives. Accordingly, broadcast licensees   will continue to be required to provide written notification of such consummation to the call sign   xdesk, and should include in such notification the desired effective date for any requested call sign   =change. Upon receipt of written not $"  $" ification $" by the licensee or permittee$"  of the consummation   of the Commissionapproved transfer or assignment, the Mass Media Bureau staff will enter the   effective date of the call sign change specified by the assignee/transferee in the notification, thereby finalizing the requested call sign change.  X{< 22.  Exchange Request. The electronic call sign reservation system may be used to   effectuate two types of call sign exchanges. Two licensees can simply exchange their call signs,   or one licensee may request any available call sign, while transferring its call sign to the second   licensee. We emphasize that, for an exchange of call signs, the stations involved must be in the   same service. Users should also note that only one of the licensees involved in an exchange should utilize the online system to make the exchange request.  23. Licensees seeking to make a call sign exchange should select the "Exchange Request"   function from the "Call Sign Request Menu." The screen displayed will require the entry of the  X-  =current call signs and the requested call signs of the two licensees involved in the exchange. ? yO&-  ԍ For a simple swap of call signs, the current call sign of the first licensee will be the requested call sign of   xthe second licensee, and the requested call sign of the first licensee will be current call sign of the second licensee.   Where there is not a mutual exchange of call signs, the first licensee will transfer its call sign to the second licensee   while requesting a different call sign for itself. Thus, the current call sign of the first licensee and the requested call sign of the second licensee will be the same.    Assuming that valid call signs are submitted, the system will display the "Exchange Request   Form." This form is similar to, and should be completed in the same manner as, the "Change   Request Form" described above in paragraph 14. The "Exchange Request Form" additionally   \requires the user $"  $"  to$"  $" certify$"  that each licensee consents to the exchange and that each is the primary holder of its call sign.  24. Upon submission of the completed "Exchange Request Form," the call sign reservation system will automatically do the following:  0(1) Return an onscreen verification of the receipt of the "Exchange Request Form," and indicate the "Call Sign Request Number" which should be noted for future reference."! x ,-(-(ZZ "Ԍ(2) Temporarily "lock" or reserve the requested exchanged call signs.  l(3) Insert the exchange request into the queue of pending requests and into the call sign database.  l(4) Generate the postcards acknowledging reservation of the requested call signs, which   will, for security purposes, be sent on the business day following reservation to both licensees  X_-involved in the exchange and to the user who made the exchange request on their behalf.  O(5) If the payment of a fee is required for the call sign exchange requested, inform the   .user that completion of the Form 159 and the fee payment are required within 15 days from the  X -  Kdate of the exchange request to complete the request. See paragraphs 2526 below for discussion  X -  of the online Form 159. If the fee payment is not received within the specified time frame, the   requested call sign exchange will be cancelled electronically and the exchanged call signs will   no longer be reserved. Upon confirmation of receipt of the requisite payment electronically, the system will finalize the requested call sign exchange.   (6) Generate the postcards sent to both licensees involved in the exchange acknowledging  Xd-  ^the assignment of the requested call signs. If no fee is required for the exchange, the   authorization postcards will be ge $"  $" nerated$"  $" no earlier than$"  five business days after the call sign exchange request.  X- FCC Form 159 (Remittance Advice)  !25. The online call sign reservation system will also aid the user in the payment of any   ]required call sign fees. No fee is required for licensees and permittees of noncommercial   educational and low power television stations seeking to change the call signs of their stations.   Similarly, no fee is imposed on licensees and permittees of commercial FM and TV stations that   jseek to modify their stations' existing call signs only to the extent of adding or deleting an FM   lor TV suffix. Further, the permittee of any commercial or noncommercial AM, FM or TV station requesting the assignment of its initial call sign is not required to pay a fee.  ?26. In all other situations, however, if the call sign change, transfer or exchange request   Linvolves a commercial AM, FM or TV station, the online system will inform the user that a fee   ]payment is required and that a Form 159 must be filed. In such cases, when the call sign   reservation request has been confirmed, the user should press the "Form 159" button on the   .confirmation screen, and the system will then display an FCC Form 159. This form will already  X!-  .have certain information supplied, including the Payment Type Code, the amount to be paid,R X!? yO($-  ԍ The system will calculate the amount to be paid. For example, a request involving the exchange of the call   signs of two commercial television stations will require the payment of two fees; the system will determine the correct total and include it on the form. R   \and an FCC code that will enable the matching of each particular call sign request to the fee""  ,-(-(ZZ!"   payment. The user should, as instructed by the system, print the Form 159 and complete the   \remaining fields. The text at the bottom of the screen after the form contains the address to  X-  [which the completed form and payment should be mailed.? yOK- xԍ As set forth above, the Form 159 and the payment are required to be received within 15 days of the call sign request. Upon submission of the Form 159,   users will have completed all elements necessary to make a valid call sign request via the new online system.  X-  Xv- Mandatory or Permissive Use of OnLine Call Sign System  X_-  ]27. We believe that the online call sign reservation and authorization system described  X1-  in detail in this Notice will increase the speed and improve the certitude of the Commission's call   sign assignments. The electronic system may be accessed at the convenience of any radio or   =television broadcast station licensee or permittee who wishes to determine the availability of a   1call sign or to request an initial, or change an existing, call sign. Because the system   instantaneously reserves a call sign for the user once a valid and complete request is submitted,   users will have confidence that their requested call signs will in fact be assigned to them. Unlike   the current, manual call sign application method, the new electronic system will also preclude   <users from submitting incomplete or invalid call sign requests, thereby preventing the delays that   =inevitably occur when insufficient call sign requests are submitted. The electronic system will   moreover provide this greater speed and certainty to the public without daytoday involvement   by Comm $"  $" ission staff.$"  $" Given these expected benefits, we seek comment on whether$"  broadcast   station licensees and permittees should be required to utilize the electronic system when making  X-call sign requests.   28. However, we seek to avoid any disruption to broadcast licensees and permittees that   may not have easy access to, or are unfamiliar with utilizing, the Internet. We therefore request  X-  lcomment on the extent to which broadcast licensees, or their representatives, ? yO-  ԍ The Commission estimates that approximately 75% of the call sign requests currently made via our manual system are submitted by attorneys on behalf of broadcast licensees and permittees. would be  X-  inconvenienced by a requirement to utilize the new online call sign system.  $"   $" If the lack of ready   access to and experience with the Internet remain significant factors for certain broadcast   licensees and permittees, such as small entities, should the Commission exempt these permittees   [and licensees from a requirement to use the electronic call sign system? If so, how should this  XP-  exempt group of broadcasters be defined?Px? {Oy"-  ԍ As indicated in our recent Streamlining Notice, FCC 9857 at  9, the waiver standards or small business definitions applied by other federal agencies could be useful in this regard. Further, the Commission could allow a phasein   period, during which use of the new online system would be permissive $"  $"  for $" some or all$"    broadcast licensees and permittees, before requiring all licensees and permittees to utilize the"" ,-(-(ZZz"  X-  .system in making call sign requests.? yOy-  yԍ Similar phasein periods have been utilized in certain nonbroadcast contexts where the Commission has   instituted or has proposed to institute mandatory electronic filing. For example, when we inaugurated the Electronic   ;Tariff Filing System for local exchange carriers, we stated that its use would initially be permissive, but that it would  {O-  become mandatory. See Report and Order in CC Docket No. 96187, 12 FCC Rcd 2170, 2195 (1997); Public  {O-Notice, DA 972491 (Nov. 25, 1997).  Such a phasein period could allow broadcast licensees   a period of time to familiarize themselves with the new online system. If commenters believe   that a phasein period is appropriate, they should address such questions as the length of any such   Zperiod and the steps the Commission might take to encourage use of the electronic system during  X-the phasein period.  29. If the Commission were to make use of the new online call sign system permissive   irather than mandatory for certain broadcast licensees and permittees, we believe that any licensee   and permittee who continues to file manually with the Commission's call sign desk would, for   several reasons, be at a disadvantage. First, a manually filed call sign request would have to be   \entered into the electronic system by Commission staff after receipt, and the call sign being   -requested would not be reserved until so entered by staff. Thus, the manual applicant would not   yreceive the benefit of one of the most significant features of the electronic system, which is the   ]immediate reservation of the requested call sign. Second, a broadcast licensee manually   requesting a call sign would be more likely to submit an incomplete or invalid request than a   licensee utilizing the online system, which prevents users from submitting defective or   incomplete requests, thereby resulting in significant delay in obtaining the desired call sign.   Third, the effective date of a manuallyrequested call sign requiring the payment of a fee may   .be delayed because a manual applicant cannot utilize the online version of the FCC Form 159.   Instead, the Commission would need to mail the FCC Form 159 to the licensee or permittee   making a call sign request manually after staff had entered the requested call sign into the electronic syst $"$  $"$ em.$"$  $"$ We seek comment on these issues.$"$   X-a  ADMINISTRATIVE MATTERS ă  X< 30.  Comments and Reply Comments.  Pursuant to applicable procedures set forth in   \Sections 1.415 and 1.419 of the Commission's Rules, 47 C.F.R.  1.415 and 1.419, interested  X}-  parties shall file comments within 30 days of the date of publication of this Notice in the Federal  Xh-  Register and reply comments within 45 days of the date of publication of this Notice in the   Federal Register. To file formally in this proceeding, you must file an original plus six copies   of all comments, reply comments, and supporting comments. If you want each Commissioner   to receive a personal copy of your comments, you must file an original plus eleven copies. You   nshould send comments and reply comments to the Office of the Secretary, Federal   Communications Commission, 1919 M Street, N.W., Washington, D.C. 20554. Comments and   reply comments will be available for public inspection during regular business hours in the FCC Reference Center (Room 239), 1919 M Street, Washington, D.C. 20554.  X!-"!|,-(-(ZZ "Ԍ X< K31.  Initial Paperwork Reduction Act of 1995 Analysis.  This Notice proposes rule and   procedural revisions which may contain an information collection requirement. As part of our   Zcontinuing effort to reduce paperwork burdens, we invite the general public and OMB to take this  X-  Zopportunity to comment on the information collection contained in this  Notice, as required by the   zPaperwork Reduction Act of 1995, Pub. L. No. 10413. Public and agency comments are due  X-  at the same time as other comments on this Notice; OMB comments are due 60 days from the  X|-  Kdate of publication of this Notice in the Federal Register. Comments should address: (a) whether   the proposed collection of information is necessary for the proper performance of the functions   Kof the Commission, including whether the information shall have practical utility; (b) the accuracy   of the Commission's burden estimates; (c) ways to enhance the quality, utility, and clarity of the   information collected; and (d) ways to minimize the burden of the collection of information on   ]the respondents, including the use of automated collection techniques or other forms of   information technology. In addition to filing comments with the Secretary, a copy of any   Lcomments on the information collections contained herein should be submitted to Judy Boley,   Federal Communications Commission, Room 234, 1919 M Street, N.W., Washington, D.C.   \20554, or via the Internet to jboley@fcc.gov and to Timothy Fain, OMB Desk Officer, 10236   NEOB, 725 17th Street, N.W., Washington, D.C. 20503 or via the Internet to fain_t@al.eop.gov.  XS< 32. Ex parte Rules. This proceeding will be treated as a "permitbutdisclose" proceeding  X=-  subject to the "permitbutdisclose" requirements under Section 1.1206(b) of the rules. See 47  X(-  C.F.R.  1.1206(b), as revised. Ex parte presentations are permissible if disclosed in accordance  X-  with the Commission's rules, except during the Sunshine Agenda period when presentations, ex  X-  parte or otherwise, are generally prohibited. Persons making oral ex parte presentations are  X-  reminded that a memorandum summarizing a presentation must contain a summary of the   substance of the presentation and not merely a listing of the subjects discussed. More than a one  X-  or twosentence description of the views and arguments presented is generally required. See 47   C.F.R.  1.1206(b)(2), as revised. Additional rules pertaining to oral and written presentations are set forth in Section 1.1206(b).  Xa< 33. Initial Regulatory Flexibility Analysis . With respect to this Notice, an Initial   Regulatory Flexibility Analysis (IRFA) is contained in Appendix A. As required by the  X5-  .Regulatory Flexibility Act,5? {O-ԍ Pub. L. No. 96354, 94 Stat. 1164, 5 U.S.C.  601 et seq. (1981), as amended. the Commission has prepared an IRFA of the expected significant  X-  economic impact on small entities by the policies and rules proposed in this Notice. Written   public comments are requested on the IRFA. We ask a number of questions in our IRFA  X-  Zregarding the prevalence of small businesses in the industries covered by this Notice. Comments   Mon the IRFA must be filed in accordance with the same filing deadlines as comments on the  X!-Notice and must have a distinct heading designating them as responses to the IRFA.  X#- N34. Accordingly, IT IS ORDERED, That pursuant to the authority contained in Sections   /4(i), 4(j) and 303 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 154(j)"$Z,-(-(ZZs#"  X-and 303, this Notice of Proposed Rulemaking IS ADOPTED.  35. IT IS FURTHER ORDERED, That the Commission's Office of Public Affairs,  X-  lReference Operations Division, SHALL SEND a copy of this Notice, including the Initial   Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.  Xc< !36. Additional Information . For additional information on this proceeding, please   contact James J. Brown or Jerianne Timmerman, Video Services Division, Mass Media Bureau (202)4181600. ` `  hh,VFEDERAL COMMUNICATIONS COMMISSION ` `  hh,VMagalie Roman Salas ` `  hh,VSecretary  $"%  "(',-(-(ZZ%"Ԍ X- $"% ԙA APPENDIX A ă  X- {As required by the Regulatory Flexibility Act (RFA),qZ? {OK-  Kԍ See 5 U.S.C.  603. The RFA, see 5 U.S.C.  601 et seq., has been amended by the Contract with America   Advancement Act of 1996, Pub. L. No. 104121, 110 Stat. 847 (CWAAA). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).q the Commission has prepared this   present Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact  X-  kon small entities by the policies and rules proposed in this Notice of Proposed Rulemaking  X-  (Notice). Written public comments are requested on this IRFA. Comments must be identified  Xz-  xas responses to the IRFA and must be filed by the deadlines for comments of the Notice provided  Xe-  above in  30. The Commission will send a copy of the Notice, including this IRFA, to the Chief  XP-  Counsel for Advocacy of the Small Business Administration. See 5 U.S.C.  603(a). In addition,  X;-the Notice and IRFA (or summaries thereof) will be published in the Federal Register. See id.  X -   A. Need For and Objectives of the Proposed Rules: With this Notice, the Commission   xcommences a proceeding to modify its procedures regarding the assignment of call signs for radio   Kand television broadcast stations. By replacing its existing manual procedures with a new online   <system for the electronic preparation and submission of requests for new and modified call signs,   the Commission will enhance the speed and certitude of radio and television broadcast station call   ksign assignments, while at the same time conserving Commission resources. The proposed   implementation of the online call sign system will serve the Commission's goals of improving   service to all broadcast stations licensees and permittees and maximizing efficiency in the use of   Commission resources. This review is taken in conjunction with the Commission's 1998 biennial   regulatory review. Although Congress did not mandate this area of review, the Commission   nonetheless undertakes it to assure that its rules and processes are no more regulatory than necessary to achieve Commission goals.  X-  , B. Legal Basis: Authority for the actions proposed in this Notice may be found in Sections 4(i),   /4(j) and 303 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 154(j) and 303.  X-  ! C. Description and Estimate of the Number of Small Entities to Which the Proposed Rules  Xu-  Will Apply: 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  X0-  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,  X!-  establishes one or more definitions of such term which are appropriate to the activities of the"!,-(-(ZZ "  X-agency and publishes such definition(s) in the Federal Register."H? yOy-  iԍ We tentatively believe that the SBA's definition of "small business" greatly overstates the number of radio   ,and television broadcast stations that are small businesses and is not suitable for purposes of determining the impact  {O -  of the proposals in this Notice on small television and radio stations. For purposes of this Notice, however, we will   utilize the SBA's definition in determining the number of small businesses to which the proposed rules would apply.   LWe reserve the right to adopt a more suitable definition of "small business" as applied to radio and television  {Oc-  broadcast stations subject to the proposed rules in this Notice, and to consider further in the future the issue of the  {O--  Ynumber of radio and television broadcasters that are small entities. See Report and Order in MM Docket No. 9348  {O-(Children's Television Programming), 11 FCC Rcd 10660, 1073738 (1996), citing 5 U.S.C.  601(3).   The proposed rules and policies will apply to television broadcasting licensees and   permittees and radio broadcasting licensees and permittees. The Small Business Administration   Ldefines a television broadcasting station that has no more than $10.5 million in annual receipts  X-  >as a small business.m? yO-ԍ 13 C.F.R.  121.201, Standard Industrial Code (SIC) 4833 (1996).m Television broadcasting stations consist of establishments primarily   engaged in broadcasting visual programs by television to the public, except cable and other pay  X_-  television services._h ? yOx-  ԍ Economics and Statistics Administration, Bureau of Census, U.S. Department of Commerce, 1992 Census of Transportation, Communications and Utilities, Establishment and Firm Size, Series UC92S1, Appendix A9 (1995).  Included in this industry are commercial, religious, educational, and other  XH-  television stations.zH ? {O-  ԍ Id. See Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual (1987), at 283, which describes Television Broadcasting Stations (SIC Code 4833) as: Establishments primarily engaged in broadcasting visual programs by television to the public, except cable and other pay television services. Included in this industry are commercial, religious, educational and other television stations. Also included here are establishments primarily engaged  yOk-in television broadcasting and which produce taped television program materials.xx- Also included are establishments primarily engaged in television  X1-  broadcasting and which produce taped television program materials.#X1? yO-  ԍ Economics and Statistics Administration, Bureau of Census, U.S. Department of Commerce, 1992 Census of   Transportation, Communications and Utilities, Establishment and Firm Size, Series UC92S1, Appendix A9 (1995). # Separate establishments   [primarily engaged in producing taped television program materials are classified under another  X -  SIC number. "? {O -  ԍ Id. SIC 7812 (Motion Picture and Video Tape Production); SIC 7922 (Theatrical Producers and Miscellaneous Theatrical Services (producers of live radio and television programs). There were 1,509 television stations operating in the nation in 1992. |? yO0#-  ;ԍ FCC News Release No. 31327, Jan. 13, 1993; Economic and Statistics Administration, Bureau of Census, U.S.  {O#-Department of Commerce, supra note 25, Appendix A9. That   jnumber has remained fairly steady as indicated by the approximately 1,569 operating television  X -  stations in the nation as of January 31, 1998.n ? yO\'-ԍ FCC News Release, "Broadcast Station Totals as of January 31, 1998."n For 1992,EZ f? yO-  -ԍ Census for communications establishments are performed every five years, during years ending with a "2"  {OX-  Jor "7". See Economics and Statistics Administration, Bureau of Census, U.S. Department of Commerce, supra note 25, III. E the number of television stations that" ,-(-(ZZ! "  X-produced less than $10.0 million in revenue was 1,155 establishments.X? yO-  ԍ The amount of $10 million was used to estimate the number of small business establishments because the   relevant Census categories stopped at $9,999,999 and began at $10,000,000. No category for $10.5 million existed. Thus, the number is as accurate as it is possible to calculate with the available information.   Additionally, the Small Business Administration defines a radio broadcasting station that  X-  ihas no more than $5 million in annual receipts as a small business.K ? yOv -ԍ 13 C.F.R.  121.201, SIC 4832.K A radio broadcasting station  X-  is an establishment primarily engaged in broadcasting aural programs by radio to the public.? {O -  xԍ Economics and Statistics Administration, Bureau of Census, u.S. Department of Commerce, supra note 25, Appendix A9.  X-  -Included in this industry are commercial, religious, educational, and other radio stations.3  ? {O2-ԍ Id.3 Radio   broadcasting stations that primarily are engaged in radio broadcasting and that produce radio  X_-  "program materials are similarly included.3!_ ? {O-ԍ Id.3 However, radio stations that are separate   Zestablishments and are primarily engaged in producing radio program material are classified under  X1-  {another SIC number.3"1? {O-ԍ Id.3 The 1992 Census indicates that 96% (5,861 of 6,127) radio station  X -  establishments produced less than $5 million in revenue in 1992.# ? yOu-  ԍ The Census Bureau counts radio stations located at the same facility as one establishment. Therefore, each colocated AM/FM combination counts as one establishment. Official Commission records  X -  .indicate that 11,334 individual radio stations were operating in 1992.S$ ? yO-ԍ FCC New Release No. 31327, Jan. 13, 1993.S As of January 31, 1998,   official Commission records indicate that 12,241 radio stations were operating, of which 7,488  X -were FM stations.m% ? yO!-ԍ FCC News Release "Broadcast Station Totals as of January 31, 1998."m  ?Thus, the proposed rules will affect many of the approximately 1,569 television stations,  X-  iapproximately 1,208 of which are considered small businesses.&"? yOc%-  ԍ We use the 77% figure of television stations producing less than $10 million in revenue for 1992 and apply it to the 1998 total of 1569 television stations to arrive at 1,208 stations categorized as small businesses. Additionally, the proposed rules"z&,-(-(ZZ"   will affect some of the 12,241 radio stations, approximately 11,751 of which are small  X-  businesses.'? yOy-  ;ԍ We use the 96% figure of radio station establishments with less than $5 million revenue from the Census data and apply it to the 12,241 individual station count to arrive at 11,751 individual stations as small businesses.  These estimates may overstate the number of small entities since the revenue figures   on which they are based do not include or aggregate revenues from nontelevision or nonradio affiliated companies.   X-  j D. Description of Projected Recording, Recordkeeping, and Other Compliance  Xv-  -Requirements: The measures proposed in the Notice would reduce the burdens on broadcast   =station licensees and permittees applying for or requesting a change in their station call signs.   {The proposal to replace the current manual call sign assignment process with an entirely   electronic system would reduce the overall administrative burden upon both broadcast licensees   ]and the Commission. Given the expected benefits of the new electronic system, we  $"+ s $"+ eek  X -  comment on whether to require all broadcast licensees and permittees to utilize the $",new electronic  $", system to   -make call sign requests, and also seek comment as to whether to do so on a phasedin basis. We   note that such a phasedin procedure has been used elsewhere with regard to electronic filing of   applications so as to benefit small businesses. We believe that utilization of the new online   system will, among other things, increase the speed and certitude of the call sign assignment   process, conserve Commission resources, and aid licensees and permittees by informing them of   errors in their call sign requests before they are actually sent. The measures proposed in the  Xd-  KNotice do not alter the Commission's current rules and policies regarding call signs (such as what constitutes a valid call sign), but modify the procedures by which call signs are assigned.  X!-  " E. Steps Taken to Minimize Significant Economic Impact on Small Entities and Significant  X -  iAlternatives Considered: This Notice solicits comments regarding the implementation of the   jMass Media Bureau's new online call sign reservation system. Given the expected benefits of  X-  <the new electronic system for both broadcast station licensees and the Commission (see supra    [2729), we seek comment on whether all broadcast licensees and permitt $"3  $"3 ees $"3 should be required   to utilize the system for reserving call signs. $"6   $"6 We also ask for comment on other alternatives,   including exempting certain licensees and permittees (such as small entities) from a requirement   to use the electronic system or providing for a phasein period before mandating use of the new system. Any significant alternatives presented in the comments will be considered.  X?-   F. Federal Rules that Overlap, Duplicate, or Conflict with the Proposed Rules: The   initiatives and proposed rules raised in this proceeding do not overlap, duplicate or conflict with any other rules.  X -  $"7   X#-  $"7 "p$7',-(-(ZZF#"Ԍ X- XX   L X-w  Federal Communications Commission`= (#MFCC 98 ă  yxdddy A APPENDIX B  X-M:Proposed Rules ăpp  xx- X(#(# I. Part 73 of Chapter 1 of Title 47 of the Code of Federal Regulations is 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. 2. Section 73.3550 is amended to read as follows:  X -  73.3550 Requests for new or modified call sign assignments.  X -  (a) All requests for new or modified call sign assignments for radio and television broadcast   stations shall be made via the FCC's online call sign reservation and authorization system   <accessible through the Internet's World Wide Web by specifying http://www.fcc.gov. Licensees   [and permittees may utilize this online system to determine the availability and licensing status   of any call sign; to select an initial call sign for a new station; to change a station's currently   assigned call sign; to modify an existing call sign by adding or deleting an "FM" or "TV"   suffix; to exchange call signs with another licensee or permittee in the same service; or to reserve a different call sign for a station being transferred or assigned.   >(b) No request for an initial call sign assignment will be accepted from a permittee for a new   Kradio or fullservice television station until the FCC has granted a construction permit. Each such   permittee shall request the assignment of its station's initial call sign expeditiously following the   grant of its construction permit. All initial construction permits for low power TV stations will be issued with a fivecharacter low power TV call sign, in accordance with  74.783(d).   (c) Following the filing of a transfer or assignment application, the proposed assignee/transferee   lmay request a new call sign for the station whose license or construction permit is being   Ltransferred or assigned. No change in call sign assignment will be effective until such transfer   or assignment application is granted by the FCC and notification of consummation of the transaction is received by the FCC.   (d) Where an application is granted by the FCC for transfer or assignment of the construction   permit or license of a station whose existing call sign conforms to that of a commonlyowned   [station not part of the transaction, the new licensee of the transferred or assigned station shall   expeditiously request a different call sign, unless consent to retain the conforming call sign has   been obtained from the primary holder and from the licensee of any other station that may be using such conforming call sign. lT* * * * * Subsection (h) is deleted and former subsection (i) is redesignated as subsection (h). "(',))ZZ'"Ԍ  kFormer subsections (j), (k), (l), (m) and (n) are redesignated as subsections (i), (j), (k), (l) and (m) to read as follows:   K(i) The provisions of this section shall not apply to International broadcast stations or to stations authorized under Part 74 of the rules (except as provided in  74.783 of this chapter).   (j) A change in call sign assignment will be made effective on the date specified in the postcard   acknowledging the assignment of the requested new call sign and authorizing the change. Unless   kthe requested change in call sign assignment is subject to a pending transfer or assignment   application, the requester is required to include in its online call sign request a specific effective   Odate to take place within 45 days of the submission of its electronic call sign request.   [Postponement of the effective date will be granted only in response to a timely request and for only the most compelling reasons.   (k) Fourletter combinations commencing with "W" or "K" which are assigned as call signs to   ships or to other radio services are not available for assignment to broadcast stations, with or without the "FM" or "TV" suffix.   (l) Users of nonlicensed, lowpower devices operating under Part 15 of the FCC rules may use   jwhatever identification is currently desired, so long as propriety is observed and no confusion results with a station for which the FCC issues a license.   (m) Where a requested call sign, without the "FM," "TV" or "LP" suffix, would conform to   the call sign of any other noncommonly owned station(s) operating in a different service, an   applicant utilizing the online reservation and authorization system will be required to certify that   Kconsent to use the secondary call sign has been obtained from the holder of the primary call sign. II. Part 74 of Chapter 1 of Title 47 of the Code of Federal Regulations is amended as follows:   >PART 74 EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTIONAL SERVICES 1. 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. 2. Section 74.783 is amended, by deleting the final sentence of paragraph (e), to read as follows:  XQ%-  74.783 Station identification. lT* * * * *"#'',-(-(ZZ%"Ԍ  ԙ(e) Low power TV permittees or licensees may request that they be assigned fourletter call signs   .in lieu of the fivecharacter alphanumeric call signs described in paragraph (d) of this section.   MParties requesting fourletter call signs are to follow the procedures delineated in  73.3550.   Such fourletter call signs shall begin with K or W; stations west of the Mississippi River will   be assigned an initial letter K and stations east of the Mississippi River will be assigned an initial letter W. The fourletter call sign will be followed by the suffix "LP." lT* * * * * "#'',-(-(ZZ%"Ԍ  X-l ă  Xh$-