82_FR_58111 82 FR 57876 - Elimination of Main Studio Rule

82 FR 57876 - Elimination of Main Studio Rule

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 82, Issue 235 (December 8, 2017)

Page Range57876-57884
FR Document2017-24982

In this document, the Federal Communications Commission (FCC or Commission) eliminates the rule that requires each AM, FM, and television broadcast station to maintain a main studio located in or near its community of license. The FCC also eliminates existing requirements associated with the rule, including the requirement that the main studio have full-time management and staff present during normal business hours, and that it have program origination capability.

Federal Register, Volume 82 Issue 235 (Friday, December 8, 2017)
[Federal Register Volume 82, Number 235 (Friday, December 8, 2017)]
[Rules and Regulations]
[Pages 57876-57884]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24982]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1 and 73

[MB Docket No. 17-106; FCC 17-137]


Elimination of Main Studio Rule

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission (FCC 
or Commission) eliminates the rule that requires each AM, FM, and 
television broadcast station to maintain a main studio located in or 
near its community of license. The FCC also eliminates existing 
requirements associated with the rule, including the requirement that 
the main studio have full-time management and staff present during 
normal business hours, and that it have program origination capability.

DATES: Effective January 8, 2018, except for Sec. Sec.  73.3526(c)(1) 
and 73.3527(c)(1), which contain new or modified information collection 
requirements, and which shall become effective after the Commission 
publishes a document in the Federal Register announcing OMB approval 
and the relevant effective date.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Diana Sokolow, [email protected], of the Policy 
Division, Media Bureau, (202) 418-2120.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (R&O), FCC 17-137, adopted and released on October 24, 2017. 
The full text of this document is available for public inspection and 
copying during regular business hours in the FCC Reference Center, 
Federal Communications Commission, 445 12th Street SW., Room CY-A257, 
Washington, DC 20554. This document will also be available via ECFS at 
http://fjallfoss.fcc.gov/ecfs/. Documents will be available 
electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. Copies 
of the materials can be obtained from the FCC's Reference Information 
Center at (202) 418-0270. Alternative formats are available for people 
with disabilities (Braille, large print, electronic files, audio 
format), by sending an email to [email protected] or calling the 
Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 
(voice), (202) 418-0432 (TTY).

Synopsis

    1. The Commission in this R&O adopts the proposal in the Notice of 
Proposed Rulemaking (NPRM), 82 FR 25590 (June 2, 2017), to eliminate 
the Commission rule requiring AM, FM, and television broadcast stations 
to maintain a local main studio.\1\ We also adopt the proposal to 
eliminate the associated staffing and program origination capability 
requirements that apply to main studios. To ensure that community 
members retain the ability to communicate with and obtain information 
regarding their local stations, we retain the existing requirement that 
broadcasters maintain a local or toll-free telephone number. We also 
require stations to maintain any portion of their public file that is 
not part of the online public file at a publicly accessible location 
within the station's community of license. Finally, we make conforming 
edits to other Commission rules that are necessitated by the 
elimination of the main studio rule.
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    \1\ Because we are eliminating the main studio rule, we need not 
address one commenter's argument that the current main studio rule 
is unenforceable under the Administrative Procedure Act. We also 
decline to address herein arguments that are outside the scope of 
this proceeding, which is limited to elimination of the main studio 
rule and the associated staffing and program origination capability 
requirements.
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    2. We agree with the vast majority of commenters \2\ in this 
proceeding that the main studio rule should be eliminated. We are 
persuaded that eliminating the rule will result in significant cost 
savings for broadcasters and other public interest benefits. For 
example, the record shows that in some small towns and rural areas the 
cost of complying with the current main studio rule dissuades 
broadcasters from launching a station, even if the broadcaster has 
already obtained a construction permit for the station. Eliminating the 
rule thus may lead to increased broadcast service in those areas. In 
addition, as commenters suggest, eliminating the main studio rule will 
provide broadcasters with the same flexibility as Internet radio 
stations and cable and satellite providers, none of which are subject 
to a main studio requirement. While we recognize the importance of 
local broadcast television and radio stations as a source of news and 
information, we agree with NAB that the record does not provide any 
``evidence that the physical location of a station's main studio is the 
reason local broadcasters are able to deliver content that meets the 
needs and interest[s] of their communities, or that the location and 
staffing of the studio has any relationship to the ability of a station 
to serve its local audience.''
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    \2\ Contrary to the suggestion of Common Frequency, the ample 
record in this proceeding provides the Commission with sufficient 
information to proceed to this R&O.
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    3. We affirm the tentative conclusion in the NPRM that 
technological innovations have rendered local studios unnecessary as a 
means for viewers and listeners to communicate with or access their 
local stations and to carry out the other traditional functions that 
they have served. The record shows that it is exceedingly rare for a 
member of the public to visit a station's main studio, with community 
members overwhelmingly choosing instead to communicate with stations 
through more efficient means such as email, station Web sites, social 
media, mail, or telephone.\3\ This has been the case even more so since 
the Commission created the online public inspection file. Once 
broadcasters fully transition to the online public file in early 2018, 
requiring stations to maintain a fully staffed main studio for purposes 
of providing access to the file will no longer be practical or 
justifiable. It is also relevant that community members already 
participate in station shows from outside the main studio, for example 
by appearing via telephone or Skype. As some commenters state, in-
person visits from community members are now ``unnecessary, if not 
obsolete,'' as a result of the ``near ubiquity of remote 
communication.'' \4\
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    \3\ Although broadcast licensees are obligated to serve ``the 
public interest, convenience, and necessity,'' we find that 
``convenience'' need not include reasonable physical access to the 
station's facilities in the community of license, contrary to the 
suggestion of one commenter, given how rarely community members 
today opt to access such facilities.
    \4\ In addition, some commenters point to the legitimate public 
safety concerns that are associated with allowing uninvited members 
of the public to visit a station's main studio.

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[[Page 57877]]

    4. We disagree with arguments that in the absence of a local main 
studio, the Commission will be unable to ensure that a station serves 
its local community. Broadcast licensees still will be required to 
include in their public inspection files, on a quarterly basis, a list 
of those ``programs that have provided the station's most significant 
treatment of community issues during the preceding three month 
period,'' including a brief description of each relevant program. 
Further, as part of the broadcast station license renewal process, the 
Commission is required to find that ``the station has served the public 
interest, convenience, and necessity'' during its preceding license 
term. In particular, ``[o]ne of a television broadcaster's fundamental 
public interest obligations is to air programming responsive to the 
needs and interests of its community of license.''
    5. We also are not persuaded by contentions that broadcasters' 
local community involvement or the provision of local news will 
significantly decline if we eliminate the main studio rule. Broadcast 
commenters explain that they keep apprised of local needs and issues to 
distinguish themselves from their competitors, to gain popularity and 
thus advertising dollars or, in the case of noncommercial educational 
(NCE) stations, contributions, and to fulfill their public interest 
obligations.\5\ Broadcasters will retain these incentives even in the 
absence of the main studio rule.\6\ In addition, we agree with 
Univision that today, ``providing service to, interacting with, and 
maintaining awareness of a community is not dependent upon locating a 
station's offices within certain arbitrary geographic boundaries 
imposed by the'' main studio rule. To the contrary, broadcasters can 
interact with local community members by using technology such as 
social media, and even without a local main studio, broadcasters can 
use modern technology to broadcast information about local events. The 
main studio rule does not require broadcasters to provide any 
particular level of local coverage or involvement in the local 
community, and there is no evidence in the record that elimination of 
this rule will cause a decrease in such involvement or coverage.
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    \5\ We note that the main studio rule does not require 
broadcasters to provide coverage of their local communities; rather, 
the rule simply governs the permissible location of a station's main 
studio.
    \6\ The record suggests that not all stations will choose to 
eliminate their current main studios after the main studio rule is 
repealed. Those stations that do choose to eliminate their current 
main studios likely will often maintain an office or studio that is 
convenient to their viewers or listeners, so that, among other 
things, community members can appear in person to serve as on-air 
guests or attend in-studio events, and so that contest prize winners 
can visit the station to retrieve their prizes.
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    6. We reject claims that the elimination of the main studio rule 
will have a negative impact on broadcasters' ability to broadcast 
emergency and time-sensitive information. One commenter explains that 
in terms of ``a station's ability to communicate time-sensitive or 
emergency information to the public,'' today telephone and Internet 
communications are more efficient than an in-person interaction at a 
local studio. In furtherance of their obligation to serve their 
communities of license, commenters state that broadcasters will 
continue providing timely emergency information to their viewers and 
listeners. Additionally, we note that the elimination of the main 
studio rule will not in any way alter a station's obligations to 
transmit emergency alerts received via the emergency alert system 
(EAS).\7\
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    \7\ As explained below, broadcasters already have processes in 
place to ensure that they are responsive to emergency situations.
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    7. Because we find that technological innovations have eliminated 
the need for a local main studio, the costs of complying with the main 
studio rule substantially outweigh any benefits.\8\ Broadcasters detail 
the significant costs that they face under the main studio rule, 
including such expenses as: (a) Rent, utilities, insurance, and 
maintenance costs for the studio itself; (b) equipment and transmission 
facilities; and (c) salaries, taxes, insurance, and benefits for the 
main studio's two full-time employees. Broadcasters claim that main 
studio-related costs range from $20,000 per year to several hundred 
thousand dollars per year.\9\ One broadcaster states that it could 
consolidate main studios and save more than $10 million annually. The 
main studio rule imposes significant and burdensome costs on 
broadcasters, particularly smaller broadcasters and NCE stations.\10\
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    \8\ This rationale for eliminating the main studio rule applies 
to all broadcast stations, and we thus will eliminate the rule in 
its entirety rather than eliminating it only for a certain subset of 
stations.
    \9\ Due to the specific information broadcasters have provided 
regarding costs of compliance with the current main studio rule and 
associated requirements, we are not persuaded by commenters' 
unsupported arguments that maintaining a local main studio ``has 
never been more affordable'' and that broadcasters do not need 
relief from the Commission in this regard.
    \10\ Some commenters claim, without evidence, that small and 
independent broadcasters will not benefit from the elimination of 
the main studio rule because they likely will not relocate their 
existing studios and will become unable to compete against 
consolidated multi-station broadcasters. The fact-based statements 
of small broadcasters in this proceeding, detailing the costs of 
compliance with the main studio rule and the potential benefits to 
them of the elimination of the rule, belie these claims.
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    8. The cost savings broadcasters may achieve following elimination 
of the main studio rule will enable them to allocate greater resources 
to local programming and other matters such as community outreach, 
newsgathering, equipment upgrades, and attracting new talent and 
personnel. According to some commenters, such savings could even 
prevent some stations from going dark. Stations will have the 
flexibility to operate studios in the most efficient manner, and some 
stations that are co-owned or jointly operated may find it to be more 
efficient for them to co-locate their studios.\11\ We conclude that 
providing stations with the maximum flexibility by eliminating the main 
studio rule in its entirety is preferable to the more limited 
approaches proposed by some commenters, which could still impose 
significant cost burdens on some stations and would not entirely 
address concerns that the costs of complying with the main studio rule 
are no longer justified today.
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    \11\ Contrary to the suggestion of one commenter, we see no 
evidence in the record that any broadcast station would attempt to 
move its studio outside of this country, and we question whether 
doing so would be feasible or economical.
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    9. Eliminating the main studio rule and associated requirements is 
not inconsistent with section 307(b) of the Communications Act of 1934, 
as amended (the Act), which requires the Commission to ``make such 
distribution of licenses, frequencies, hours of operation, and of power 
among the several States and communities as to provide for a fair, 
efficient, and equitable distribution of radio service to each of the 
same.'' In the absence of the main studio rule, broadcast stations 
still will be licensed to a specific community of license, and they 
will be obligated to place a certain signal contour over that 
community. As noted above, broadcasters also will remain subject to 
license renewal and quarterly issues/programs list requirements. 
Moreover, programming designed to meet a community's needs and 
interests can be produced anywhere today. For the reasons discussed 
herein, the record supports our finding that a local main studio is no 
longer necessary to ensure that broadcast stations serve their local 
communities,\12\ and thus eliminating

[[Page 57878]]

the main studio requirement will not prevent compliance with the 
distribution directive in section 307(b) of the Act.
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    \12\ We thus reject claims that the main studio rule is still 
needed to meet the obligations in section 307(b) of the Act. In 
addition, we agree with NAB that any assertion that the main studio 
rule is needed to enforce the ``transmission service'' requirement 
is misplaced because ``[t]he Commission effectively abandoned this 
definition of transmission service when it eliminated the program 
origination requirement.''
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    10. We note that the Commission or Media Bureau has previously 
granted waivers of the main studio rule. Our decision to eliminate the 
main studio requirement supersedes these waiver grants, including 
pledges that the licensees made in connection with those waivers, with 
one exception discussed below.\13\ Accordingly, as of the effective 
date of the rules adopted in this R&O, stations that have previously 
received a waiver of the main studio rule must comply with the 
Commission's rules, including the requirement to maintain a local or 
toll-free number, rather than the licensee pledges, if any, associated 
with their superseded waiver grants. Upon the elimination of the main 
studio rule, it would not make sense to continue subjecting stations to 
the commitments they made in obtaining a waiver of the main studio 
rule, including any related recordkeeping requirements.
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    \13\ The main studio waiver grants are superseded by this R&O 
because there will no longer be a main studio rule to be waived. 
Given that waivers of the main studio rule will no longer be 
necessary, we need not address one commenter's claim that the 
current waiver process leads to an unfair and inefficient 
distribution of radio services. Below we explain one type of main 
studio waiver for which we will grandfather the station's current 
main studio as a permissible location for its local public file.
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    11. In addition to eliminating the main studio rule itself, we 
adopt our NPRM proposal to eliminate the staffing requirements 
currently associated with the rule. This will provide broadcasters with 
more flexibility to staff their operations as they see fit. Pursuant to 
Commission precedent, there currently must be two employees (one 
management and one staff) present on a full-time basis at a main studio 
during normal business hours. Given the technological advances that 
enable remote monitoring and control of broadcast stations, commenters 
attest that some main studio employees have nothing to do but sit at 
the main studio in fulfillment of this requirement. Commenters 
persuasively state that it can be difficult for small or rural stations 
and for financially-challenged AM stations to support two full-time 
employees. For example, station KIHT(FM) is licensed to Amboy, 
California (population: four) and serves motorists traveling through 
the Mojave Desert. One employee travels over an hour each way each day 
to staff the main studio.
    12. We find that decisions regarding location and number of staff 
members should be left to broadcast licensees.\14\ Although we 
acknowledge that elimination of the main studio staffing requirement 
possibly could lead to fewer employees available to interact person to 
person at the physical station office, we have explained above that 
technology enables broadcasters to interact with the local community 
and to broadcast information about local events even without a local 
main studio. Eliminating the main studio requirement and associated 
staffing requirement promotes our statutory goals by allowing 
broadcasters to allocate greater resources to programming and other 
matters, promoting increased broadcast service in small towns and rural 
areas, and preventing stations from going dark. To the extent 
commenters express concerns about potential job loss following the 
elimination of the main studio rule and the associated staffing 
requirement, we do not believe we are required to disregard our 
statutory goals to prevent such loss. Further, preventing stations from 
going dark and enabling broadcasters to launch stations that they 
otherwise may not launch may promote employment.
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    \14\ We caution that the deletion of the main studio rule does 
not in any way limit or reduce broadcast licensees' obligation and 
responsibility to retain and maintain control over essential station 
matters, such as personnel, programming, and finances. The 
Commission expects that broadcast licensees will continue to be able 
to demonstrate such control notwithstanding the elimination of the 
main studio rule and the staffing requirements associated with the 
main studio rule.
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    13. In addition to the foregoing, we also adopt our NPRM proposal 
to eliminate the program origination capability requirement currently 
associated with the main studio rule. This will provide broadcasters 
greater flexibility with respect to their programming operations. 
Pursuant to Commission precedent, the main studio currently must be 
capable of transmitting programming and must be equipped with 
production and transmission facilities. When the Commission decided 
thirty years ago to eliminate its rule requiring stations to actually 
originate programming at their main studios, it concluded that ``the 
main studio no longer plays the central role in the production of a 
station's programming and programming originated from within the 
political boundaries of the community is not necessarily responsive to 
the needs and interests of the community.'' \15\ Conversely, the 
Commission has recognized for decades that non-locally produced 
programming can serve the needs of a community. Those statements are 
only more true today. Technology makes it easier than ever before to 
originate locally relevant programming from locations outside of the 
station's community of license, and the existence of technology that 
enables stations to provide local broadcast coverage without a local 
main studio also moots concerns that licensees need a local main studio 
to broadcast emergency information.
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    \15\ In that order, the Commission recognized the limited 
utility of the program origination requirement by deleting its rule 
requiring each broadcast station to originate more than 50 percent 
of its non-network programs from its main studio or other points 
within its community of license.
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    14. There is no evidence in the record that the current program 
origination capability requirement has enhanced local programming or 
otherwise served the public interest. Commenters state that many 
broadcasters that currently originate programming locally will continue 
to do so in the absence of the current program origination capability 
requirement. In any case, it appears that the location from which 
programming is originated is irrelevant to whether the programing 
serves a community's needs and interests. We agree with broadcast 
commenters ``that a licensee's understanding of the needs and concerns 
of its station's audience,'' not the physical location of its studio or 
program production equipment, ``promotes the broadcast of issue-
responsive programming.'' \16\
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    \16\ For this reason, we reject the assertion that a main 
studio's most important function is program origination capability.
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    15. As proposed in the NPRM, we retain Sec.  73.1125(e) of our 
rules, which requires ``[e]ach AM, FM, TV and Class A TV broadcast 
station [to] maintain a local telephone number in its community of 
license or a toll-free number.'' NAB supports this requirement, which 
it says ``keep[s] the community well-informed and [is] not unduly 
burdensome.'' The telephone number rule permits station owners to 
provide one telephone number for multiple stations, provided that the 
number is toll-free or local to each station's community of 
license.\17\ Some consumers are subject to an additional fee for non-
local calls, and we thus retain the requirement for a local or toll-
free number. Retaining the telephone number rule will help promote 
continued access to local broadcast

[[Page 57879]]

stations by community members upon elimination of the main studio 
rule.\18\ We find that retaining the existing rule is an appropriate 
means to ensure that members of the public can easily contact station 
representatives and receive timely responses.\19\
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    \17\ Implicit in the requirement to maintain a local or toll-
free number is the requirement that phone calls made to this number 
be answered during business hours. We encourage broadcasters to use 
voicemail or another way for consumers to leave messages outside of 
stations' normal business hours.
    \18\ We recognize that there is some cost to stations of 
maintaining a local or toll-free telephone number, but we find that 
on balance the relatively limited cost is outweighed by the benefit 
of ensuring that the station remains accessible to local community 
members.
    \19\ NFIB has proposed instead that the Commission adopt a 
functional requirement that each station ``ensure that persons in 
its community of license have a reasonable opportunity to 
communicate with the station through at least one generally 
available means of communication at no charge.'' We find that such 
an approach would be unworkable for consumers who do not use email 
and thus would have no way to contact a station if the station 
eliminates its local main studio. Accordingly, maintenance of the 
current telephone number requirement is a more practical approach.
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    16. Stations currently are required to post their telephone numbers 
in their online public files.\20\ We retain that requirement and do not 
require stations to publicize their phone numbers in any additional 
ways. We agree with commenters that broadcasters have extensive 
marketplace incentives and license obligations to be accessible and 
responsive to their audience, and we note that telephone numbers by 
their nature generally are accessible in other ways. Broadcasters will 
retain the flexibility to determine whether they want to publicize 
their telephone numbers in additional ways. For example, most stations 
already choose to post their telephone numbers on their Web sites.
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    \20\ These rules also currently require a station to include its 
main studio address, and as discussed below we modify them to 
require the public file to include the station's address (rather 
than its main studio address). The posted address should be a 
location at which the licensee may be contacted by mail and in 
person, for example, a studio, office, or headquarters.
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    17. Furthermore, in the NPRM, the Commission sought comment on 
whether additional requirements are needed to ensure that broadcasters 
are responsive to time-sensitive and emergency information. Because 
broadcasters already coordinate with federal, state, and local 
emergency management officials, as well as law enforcement officials, 
to address emergencies that occur at any time of day, we conclude that 
there is no need to adopt additional requirements pertaining to 
broadcast station responsiveness to time-sensitive or emergency 
information.\21\ While some commenters reference such requirements, 
other commenters persuasively explain that broadcasters already have 
processes in place to ensure that station personnel are available to 
receive and broadcast time-sensitive emergency information. On balance, 
we conclude that the adoption of additional rules would not necessarily 
improve broadcasters' responsiveness to local emergencies, and we thus 
find that there is no evidence that the cost of such obligations would 
be justified by any purported benefits.
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    \21\ Nothing in this R&O is intended to alter the obligation on 
licensees to post a written document designating the station's Chief 
Operator along with the posted copy of the station's license, as set 
forth in 47 CFR 73.1870(b)(3).
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    18. As discussed below, and as supported by NAB and other 
broadcasters, we require every broadcast station applicant, permittee, 
or licensee to maintain any portion of its public file that is not part 
of the online public file at an accessible place within its community 
of license. Pursuant to the Commission's online public file rules, in 
the very near future there will be only limited instances in which any 
portion of a station's public inspection file will be permitted to be 
maintained at the station's main studio rather than online.\22\ In 
2012, the Commission adopted rules requiring television broadcasters to 
utilize an online public file hosted by the Commission, rather than 
maintaining the public file locally, and television stations completed 
their transition to the online public file in 2014. In 2016, the 
Commission adopted rules expanding the online public file requirement 
to broadcast radio licensees. As of June 24, 2016, commercial broadcast 
radio stations in the top 50 Nielsen Audio radio markets with five or 
more full-time employees were required to place new public and 
political file documents in the online public file on a going-forward 
basis. By December 24, 2016, these entities were required to upload 
their existing public file documents to the online file, except for 
existing political file material which they may either upload or 
maintain locally until the expiration of the two-year retention period 
for such political file material. Beginning March 1, 2018, all other 
broadcast radio stations \23\ must place new public and political file 
documents in the online public file on a going-forward basis. They must 
also upload their existing public file documents to the online file by 
that date, except for existing political file material which they may 
either upload or maintain locally until the expiration of the two-year 
retention period for such political file material. In other words, 
community members already have online access to television station 
public files, and by March 1, 2018 they will have online access to 
radio station public files, with the potential exception of preexisting 
portions of the political file that the station may retain locally 
until the expiration of the two-year retention period for such 
materials.
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    \22\ Sections 73.3526(e) and 73.3527(e) of the Commission's 
rules set forth the required contents of the station's public 
inspection file. These contents include the ``political file,'' 
which consists of the records required to be maintained under Sec.  
73.1943 of our rules concerning broadcasts by candidates for public 
office.
    \23\ This includes NCE broadcast radio stations, commercial 
broadcast radio stations in the top 50 Nielsen Audio radio markets 
with fewer than five full-time employees, and commercial broadcast 
radio stations in markets below the top 50 or outside all markets.
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    19. Nonetheless, we recognize the need to ensure that community 
members have local access to a station's public file for any timeframe 
during which all or a portion of that file is not available via the 
online public file. Accordingly, we require every broadcast station 
applicant, permittee, or licensee to maintain any portion of its public 
file that is not part of the online public file at an accessible place 
within its community of license. NAB and other broadcasters support 
this approach. The ``accessible place'' could be a station office or 
studio, if it is located within the community of license, or it could 
be a different location such as a local library or another station's 
office or studio. The file must be available for public inspection at 
any time during regular business hours, as is currently the case with 
regard to access to a public file maintained at a station's main 
studio.\24\ If a station has transitioned to the online public file 
with the exception of its existing political file materials, which 
certain stations may maintain locally until the two-year retention 
period expires as discussed above, then the station must maintain a 
copy of its existing political file materials at an accessible place 
within its community of license until it is no longer required to 
retain those materials.\25\ We note that any station

[[Page 57880]]

that wishes to avoid this requirement has the option to instead fully 
transition to the Commission's online public file system.
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    \24\ The other requirements of existing Sec. Sec.  73.3526(c)(1) 
and 73.3527(c)(1) of our rules also will apply to the selected 
location of the public file within the community of license. 
Sections 73.3526(b) and 73.3527(b) of our rules currently contain 
multiple references to the hard copy public inspection file 
maintained at a station or at the station's main studio, and we will 
revise this language instead to reference retention of the file at 
an accessible place in the community of license (with the exception 
of references that are limited to timeframes in the past).
    \25\ Urban One states, ``a radio station that has voluntarily 
uploaded all political materials that are required to be maintained 
to its online file should have no obligation to make public file 
material available other than online.'' As explained above, certain 
stations may locally retain political file materials that were 
existing as of a certain date, rather than uploading them to the 
online public file, until the expiration of the two-year retention 
period for those materials. To the extent Urban One is arguing that 
we should permit stations to include new political file materials in 
the online public file, but not to make existing political file 
materials available either locally or through the online public 
file, we disagree. To the contrary, we find that it is important to 
ensure that community members have local access to all portions of 
the public inspection file that are not part of the online public 
file. If it is too inconvenient or costly to maintain these 
materials locally, then a station may choose to post them to the 
online public file instead. In addition, we note that a change to 
the material that is required to be part of a station's public file 
is outside the scope of this proceeding.
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    20. In addition, if a broadcast station currently maintains its 
local public file at a main studio that complies with the current main 
studio rule but is not within the station's community of license, and 
if the station retains that studio, we will grandfather that studio as 
a permissible location for the station's local public file for the 
period before completion of the station's transition to the online 
public file.\26\ Similarly, some existing waivers of the main studio 
rule permit stations to maintain their public files at the station's 
main studio outside the community of license.\27\ We also will 
grandfather any such studio as a permissible location for the station's 
local public file for the period before completion of the station's 
transition to the online public file. This approach will ensure that 
stations with current waivers do not face increased burdens as a result 
of the elimination of the main studio rule.
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    \26\ Sections 73.3526(c)(2) and 73.3527(c)(2) of our rules 
currently govern access to material in the public file by mail where 
the applicant, permittee, or licensee maintains its main studio and 
public file outside its community of license. These current rules 
will remain in place, but we will delete the phrase ``main studio 
and,'' such that the provisions will be triggered if an applicant, 
permittee, or licensee maintains its public file outside its 
community of license because the station's studio is grandfathered 
as a permissible location for the file, as discussed herein.
    \27\ Some main studio waivers reference a licensee pledge to 
maintain the public file in the community of license, while others 
permit the licensee to maintain the public file at the main studio 
subject to the waiver.
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    21. A community member seeking access to a station's public 
inspection file in the community of license may contact the station to 
inquire as to the location of the file, for example via its required 
telephone number or email. Stations must promptly provide information 
regarding the location of the file within one business day of a 
request. In addition, we encourage stations that make public file 
materials available at an accessible place in the community to provide 
that location on their Web site, if they have a Web site, and by any 
other means that the station deems effective.
    22. In the NPRM, the Commission sought comment on whether 
alternatively it should only eliminate the main studio rule for 
stations that have fully transitioned all public file material to the 
online public file, including existing political file materials. While 
some commenters support this alternate approach, we agree with NAB that 
we should not limit in this manner the public interest benefits that 
will follow the elimination of the main studio rule.\28\ The later 
March 1, 2018 online public file deadline generally applies to smaller 
stations.\29\ Some of these entities may be most adversely impacted by 
the costs of complying with the current main studio rule, and we 
conclude that we should not disadvantage them by denying them the 
benefits of the repeal of the rule. As discussed above, the costs 
savings of eliminating the rule will be significant and will apply to 
all types of broadcast stations. Given our decision to require 
maintenance of paper files at an accessible location in the community 
if they are not available via the online public file, the benefits of 
retaining the main studio rule for those stations that do not use the 
online public file would be minimal, if they exist at all. Indeed, in 
many cases the station may locate its file at its current main studio, 
and in other cases we expect that the selected local file location will 
be equally, if not more, convenient to residents as compared to the 
station's current main studio. For example, if a station previously 
maintained its main studio outside of its community of license, as 
permitted under the current rule, and the station chooses to cease 
operating that local studio as a result of this R&O, then it may be 
more convenient for community members to access the local file at a 
location within the community of license, as we require here.
---------------------------------------------------------------------------

    \28\ In addition, we will not adopt the proposal of one 
commenter that we only permit stations to eliminate their current 
main studios if they make their public file available both online 
and at a business or library in the station's community of license. 
Given that it is sufficient for a station currently to make its 
public file available online only, we see no reason to require an 
additional means of access if the station eliminates its current 
main studio and its entire public file is available through the 
Commission's online public file.
    \29\ The deadline applies to NCE broadcast radio stations, 
commercial broadcast radio stations in the top 50 Nielsen Audio 
radio markets with fewer than five full-time employees, and 
commercial broadcast radio stations in markets below the top 50 or 
outside all markets.
---------------------------------------------------------------------------

    23. As a result of our repeal of the main studio rule, we also will 
make the following conforming rule revisions as shown in the Final 
Rules:
     In Sec.  1.80, delete the row of the chart detailing the 
base forfeiture amount for violations of the main studio rule.\30\
---------------------------------------------------------------------------

    \30\ We will continue to rely on the base forfeiture amount of 
$7000 as a starting point in assessing a forfeiture for any 
violations of the main studio rule that occurred before the 
effective date of the elimination of the rule.
---------------------------------------------------------------------------

     In Sec.  1.1104, delete the four rows detailing the 
schedule of charges for a ``Main Studio Request,'' and re-letter the 
remaining listings accordingly.
     In the definition of ``equipment performance 
measurements'' in Sec.  73.14 of our rules, delete ``at main studio.''
     Delete Sec.  73.761(d) of our rules, which currently 
governs formal applications for a change in main studio location, and 
renumber the remainder of the rule.
     In Sec.  73.1400(a)(1)(ii) of our rules, change the 
reference to ``the main studio or other location'' to ``a studio or 
other location.''
     Delete Sec.  73.1690(c)(8)(ii) of our rules, which 
currently states that both commercial and NCE FM stations must comply 
with the main studio rule, and renumber the remainder of the rule.
     Delete Sec.  73.1690(d)(1) of our rules, which currently 
governs permissive changes in studio location, and renumber the 
remainder of the rule.
     Modify Sec. Sec.  73.3526(b)(2)(ii) and 73.3527(b)(2)(iii) 
of our rules, which currently require the public file to include the 
station's main studio address and telephone number, instead to require 
the public file to include the station's address and telephone 
number.\31\
---------------------------------------------------------------------------

    \31\ As stated above, the posted address should be a location at 
which the licensee may be contacted by mail and in person, for 
example, a studio, office, or headquarters.
---------------------------------------------------------------------------

     Delete the reference to ``main studio'' in Sec. Sec.  
73.3526(e)(4) and 73.3527(e)(3) of our rules, which currently require 
inclusion of information showing service contours and/or main studio 
and transmitter location in the public file.
     Delete Sec.  73.3538(b)(2) of our rules, which currently 
governs informal applications to relocate a main studio, and renumber 
the remainder of the rule.
     Delete Sec.  73.3544(b)(3) of our rules, which currently 
governs informal applications for a change in location of the main 
studio, and renumber the remainder of the rule.\32\
---------------------------------------------------------------------------

    \32\ We also adopt the proposal to delete the outdated reference 
in Sec.  73.1690(d)(2) to Sec.  73.1410, which has been deleted.

---------------------------------------------------------------------------

[[Page 57881]]

     In the alphabetical index to part 73, delete the four rows 
that reference Sec.  73.1125.
    24. We also will delete Sec.  73.6000(3) of our rules and will 
require Class A stations to meet the required quantity of ``locally 
produced programming'' through programming that complies with Sec.  
73.6000(1) or (2). Consistent with the Community Broadcasters 
Protection Act of 1999, Sec.  73.6001(b)(2) requires Class A stations 
to broadcast an average of at least three hours of locally produced 
programming per week each quarter. Section 73.6000 defines locally 
produced programming for these purposes as programming that is:
    (1) Produced within the predicted Grade B contour of the station 
broadcasting the program or within the contiguous predicted Grade B 
contours of any of the stations in a commonly owned group; or
    (2) Produced within the predicted DTV noise-limited contour . . . 
of a digital Class A station broadcasting the program or within the 
contiguous predicted DTV noise-limited contours of any of the digital 
Class A stations in a commonly owned group; or
    (3) Programming produced at the station's main studio.

Upon deletion of the main studio rule, we find that it is appropriate 
to delete option (3). Options (1) and (2) are sufficiently broad that 
it should not be difficult for Class A stations to meet the required 
quantity of locally produced programming.\33\ Our approach will 
alleviate the concern of Free Press that eliminating the main studio 
rule would ``effectively nullify'' the Class A requirement pertaining 
to the quantity of locally produced programming.
---------------------------------------------------------------------------

    \33\ The Commission grandfathered certain main studios that did 
not comply with the main studio rule when it implemented the 
Community Broadcasters Protection Act of 1999 creating the Class A 
service. For those Class A stations currently operating at 
grandfathered main studios that are outside the locations described 
in Sec.  73.6000(1)-(2) of our rules, we will continue to consider 
programming produced at that previously grandfathered main studio to 
be locally produced.
---------------------------------------------------------------------------

    25. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the NPRM. The Commission sought written public comments 
on proposals in the NPRM, including comment on the IRFA. The Commission 
received no comments on the IRFA, although some commenters discussed 
the effect of the proposals on smaller entities. The present Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA. In summary, 
the R&O adopts the proposal to eliminate the Commission's main studio 
rule and existing requirements associated with the main studio rule. 
The R&O is authorized pursuant to sections 4(i), 4(j), 303, 307(b), and 
336(f) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 
154(j), 303, 307(b), 336(f). The types of small entities that may be 
affected by the R&O fall within the following categories: Television 
Broadcasting, Radio Stations. The projected reporting, recordkeeping, 
and other compliance requirements are: (1) The elimination of the rule 
requiring each AM, FM, and television broadcast station to maintain a 
local main studio; (2) the elimination of the associated staffing and 
program origination capability requirements; (3) retention of the 
existing requirement that broadcasters maintain a local or toll-free 
telephone number; (4) a requirement that stations maintain any portion 
of their public file that is not part of the online public file at a 
publicly accessible location within the community of license, unless 
the current main studio is grandfathered as a permissible location for 
the station's local public file for the period before completion of the 
station's transition to the online public file because (a) the station 
currently maintains its local public file at a main studio that 
complies with the current main studio rule but is not within the 
station's community of license, or (b) the station has an existing 
waiver of the main studio rule that permits the station to maintain its 
public files at the station's main studio outside the community of 
license. The Chief Counsel for Advocacy of the Small Business 
Administration (SBA) did not file any comments in response to the 
proposed rules in this proceeding. Elimination of the existing 
requirements pertaining to the location of the main studio of each AM, 
FM, and television broadcast station, as well as the elimination of 
associated staffing and program origination requirements, will 
eliminate requirements that may be outdated and unnecessarily 
burdensome on all broadcast stations, including small entities. The 
Commission considered whether it should adopt additional requirements 
pertaining to publicizing or staffing the required telephone number or 
responding to time-sensitive or emergency information. While some 
commenters advocated such alternative approaches, the Commission 
concluded that the burdens of any such additional requirements are 
unjustified. Separately, while the Commission could simply adopt the 
requirement pertaining to the location of the public file, instead it 
has taken the alternate approach of providing broadcast stations with 
additional flexibility that will reduce costs by grandfathering certain 
existing studios as a permissible location for the station's local 
public file. In the R&O, the Commission explains its rejection of an 
alternate approach pursuant to which it could only eliminate the main 
studio rule for stations that have fully transitioned all public file 
material to the online public file material, stating that such an 
approach would disadvantage the smaller entities that may be most 
impacted by the costs of complying with the current main studio rule.
    26. This document contains new information collection requirements 
subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-
13.\34\ It will be submitted to OMB for review under section 3507(d) of 
the PRA. In addition, we note that pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, we previously sought 
specific comment on how the Commission might further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.
---------------------------------------------------------------------------

    \34\ See attached Final Rules, revising Sec. Sec.  73.3526(c)(1) 
and 73.3527(c)(1) of our rules to add, ``The applicant, permittee, 
or licensee must provide information regarding the location of the 
file, or the applicable portion of the file, within one business day 
of a request for such information.'' In addition to those new 
information collection requirements, which we will submit to OMB via 
a non-substantive change request, following adoption of this R&O the 
Commission also will submit to the Office of Management and Budget 
(OMB) a notice of discontinuance to reflect the deletion of the main 
studio rule and its associated information collection requirements.
---------------------------------------------------------------------------

    27. The Commission will send a copy of this R&O in a report to be 
sent to Congress and the Government Accountability Office pursuant to 
the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
    28. Accordingly, it is ordered that, pursuant to the authority 
found in sections 4(i), 4(j), 303, 307(b), and 336(f) of the 
Communications Act of 1934, as amended, 47 U.S.C. 154(i), 154(j), 303, 
307(b), and 336(f), this Report and Order is hereby adopted.
    29. It is further ordered that parts 1 and 73 of the Commission's 
rules, 47 CFR parts 1 and 73, are amended, and such rule amendments 
shall be effective January 8, 2018, except for Sec. Sec.  73.3526(c)(1) 
and 73.3527(c)(1), which contain new or modified information collection 
requirements, and which shall become effective after the Commission 
publishes a document in the Federal Register announcing OMB approval 
and the relevant effective date.

[[Page 57882]]

    30. It is further ordered that the Commission shall send a copy of 
this Report and Order in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects

47 CFR Part 1

    Administrative practice and procedure, Penalties, Radio, Reporting 
and recordkeeping requirements, Television.

47 CFR Part 73

    Radio, Reporting and recordkeeping requirements, Television.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 1 and 73 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority:  47 U.S.C. 151, 154(i), 154(j), 155, 157, 160, 201, 
225, 227, 303, 309, 310, 332, 1403, 1404, 1451, 1452, and 1455.


Sec.  1.80   [Amended]

0
2. In Sec.  1.80, the table titled ``Violations Unique to the Service'' 
is amended by removing the entry for ``Violation of main studio rule.''


Sec.  1.1104   [Amended]

0
3. In Sec.  1.1104, the table is amended as follows:
0
a. Under ``1. Commercial TV Services,'' remove the entry for ``c. Main 
Studio Request'' and redesignate entries ``d'' through ``k'' as entries 
``c'' through ``j;''
0
b. Under ``2. Commercial AM Radio Stations,'' remove the entry for ``c. 
Main Studio Request (per request)'' and redesignate entries ``d'' 
through ``l'' as entries ``c'' through ``k;''
0
c. Under ``3. Commercial FM Radio Stations,'' remove the entry for ``c. 
Main Studio Request (per request)'' and redesignate entries ``d'' 
through ``l'' as entries ``c'' through ``k;'' and
0
d. Under ``8. Class A TV Services,'' remove the entry for ``g. Main 
Studio Request'' and redesignate entry ``h'' as entry ``g.''

PART 73--RADIO BROADCAST SERVICES

0
4. The authority citation for part 73 continues to read as follows:

    Authority:  47 U.S.C. 154, 303, 309, 310, 334, 336, and 339.


0
5. In Sec.  73.14, revise the definition of ``Equipment performance 
measurements'' to read as follows:


Sec.  73.14   AM broadcast definitions.

* * * * *
    Equipment performance measurements. The measurements performed to 
determine the overall performance characteristics of a broadcast 
transmission system from point of program origination to sampling of 
signal as radiated. (See Sec.  73.1590)
* * * * *


Sec.  73.761   [Amended]

0
6. In Sec.  73.761, remove paragraph (d) and redesignate paragraphs (e) 
through (g) as paragraphs (d) through (f).

0
7. Revise Sec.  73.1125 to read as follows:


Sec.  73.1125   Station telephone number.

    Each AM, FM, TV, and Class A TV broadcast station shall maintain a 
local telephone number in its community of license or a toll-free 
number.

0
8. In Sec.  73.1400, revise paragraph (a)(1)(ii) to read as follows:


Sec.  73.1400   Transmission system monitoring and control.

* * * * *
    (a) * * *
    (1) * * *
    (ii) Remote control of the transmission system by a person at a 
studio or other location. The remote control system must provide 
sufficient transmission system monitoring and control capability so as 
to ensure compliance with Sec.  73.1350.
* * * * *

0
9. Amend Sec.  73.1690 as follows:
0
a. Revise paragraph (c)(8) introductory text;
0
b. Remove paragraph (c)(8)(ii);
0
c. Redesignate paragraphs (c)(8)(iii) through (vi) as paragraphs 
(c)(8)(ii) through (v);
0
d. Remove paragraph (d)(1);
0
e. Redesignate paragraphs (d)(2) and (3) as paragraphs (d)(1) and (2); 
and
0
f. Revise newly redesignated paragraph (d)(1).
    The revisions read as follows.


Sec.  73.1690   Modification of transmission systems.

* * * * *
    (c) * * *
    (8) FM commercial stations and FM noncommercial educational 
stations may decrease ERP on a modification of license application 
provided that exhibits are included to demonstrate that all five of the 
following requirements are met:
* * * * *
    (d) * * *
    (1) Commencement of remote control operation pursuant to Sec.  
73.1400.
* * * * *

0
10. In Sec.  73.3526:
0
a. Revise paragraphs (b)(1) and (2);
0
b. In paragraph (b)(3)(i), remove ``the station'' and add in its place 
``an accessible place in the community of license''; and
0
c. Revise paragraphs (b)(3)(ii) and (iii), (c)(1), (c)(2) introductory 
text, and (e)(4).
    The revisions read as follows:


Sec.  73.3526   Local public inspection file of commercial stations.

* * * * *
    (b) * * *
    (1) For radio licensees temporarily exempt from the online public 
file hosted by the Commission, as discussed in paragraph (b)(2) of this 
section, a hard copy of the public inspection file shall be maintained 
at an accessible place in the community of license, unless the licensee 
elects voluntarily to place the file online as discussed in paragraph 
(b)(2) of this section. An applicant for a new station or change of 
community shall maintain its file at an accessible place in the 
proposed community of license. If as of January 8, 2018 a broadcast 
station maintains a hard copy of all or a portion of its public 
inspection file at a main studio that either complied with the 
Commission's main studio rule (47 CFR 73.1125 (2016)) but is not within 
the station's community of license, or was deemed a permissible 
location for the station's public inspection file pursuant to a waiver 
of the main studio rule, and if the station retains that studio, then 
that studio is a permissible location for the station's hard copy 
public inspection file. Any reference in this section to ``an 
accessible place in the community of license'' shall be deemed to 
include such a studio.
    (2)(i) A television station licensee or applicant, and any radio 
station licensee or applicant not temporarily exempt as described in 
this paragraph (b)(2)(i), shall place the contents required by 
paragraph (e) of this section of its public inspection file in the 
online public file hosted by the Commission, with the exception of the 
political file as required by paragraph (e)(6) of this section, as 
discussed in paragraph (b)(3) of this

[[Page 57883]]

section. Any radio station not in the top 50 Nielsen Audio markets, and 
any radio station with fewer than five full-time employees, shall 
continue to retain the public inspection file at an accessible place in 
the community of license in the manner discussed in paragraph (b)(1) of 
this section until March 1, 2018. However, any radio station that is 
not required to place its public inspection file in the online public 
file hosted by the Commission before March 1, 2018 may choose to do so, 
instead of retaining the public inspection file at an accessible place 
in the community of license in the manner discussed in paragraph (b)(1) 
of this section.
    (ii) A station must provide a link to the public inspection file 
hosted on the Commission's Web site from the home page of its own Web 
site, if the station has a Web site, and provide contact information on 
its Web site for a station representative that can assist any person 
with disabilities with issues related to the content of the public 
files. A station also is required to include in the online public file 
the station's address and telephone number, and the email address of 
the station's designated contact for questions about the public file. 
To the extent this section refers to the local public inspection file, 
it refers to the public file of an individual station, which is either 
maintained at an accessible place in the community of license or on the 
Commission's Web site, depending upon where the documents are required 
to be maintained under the Commission's rules.
    (3) * * *
    (ii) Any television station not in the top 50 DMAs, and any station 
not affiliated with one of the top four broadcast networks, regardless 
of the size of the market it serves, shall continue to retain the 
political file at the station in the manner discussed in paragraph 
(b)(1) of this section until July 1, 2014. For these stations, 
effective July 1, 2014, any new political file material shall be placed 
in the online file hosted by the Commission, while the material in the 
political file as of July 1, 2014, if not placed in the Commission's 
Web site, shall continue to be retained at the station in the manner 
discussed in paragraph (b)(1) of this section until the end of its 
retention period. However, any station that is not required to place 
its political file in the online file hosted by the Commission before 
July 1, 2014 may choose to do so, instead of retaining the political 
file at the station in the manner discussed in paragraph (b)(1) of this 
section. For purposes of this paragraph (b)(3)(ii), the ``manner 
discussed in paragraph (b)(1) of this section'' refers to maintaining a 
hard copy of the public inspection file at the main studio of the 
station as described in paragraph (b)(1) prior to January 8, 2018. See 
47 CFR 73.3526(b)(1) (2016).
    (iii) Any radio station not in the top 50 Nielsen Audio markets, 
and any radio station with fewer than five full-time employees, shall 
continue to retain the political file at an accessible place in the 
community of license in the manner discussed in paragraph (b)(1) of 
this section until March 1, 2018. For these stations, effective March 
1, 2018, any new political file material shall be placed in the online 
public file hosted by the Commission, while the material already 
existing in the political file as of March 1, 2018, if not placed in 
the online public file hosted by the Commission, shall continue to be 
retained at an accessible place in the community of license in the 
manner discussed in paragraph (b)(1) of this section until the end of 
its retention period. However, any station that is not required to 
place its political file on the Commission's Web site before March 1, 
2018, may choose to do so, instead of retaining the political file at 
an accessible place in the community of license in the manner discussed 
in paragraph (b)(1) of this section.
* * * * *
    (c) * * *
    (1) For any applicant, permittee, or licensee that does not include 
all material described in paragraph (e) of this section in the online 
public file hosted by the Commission, the portion of the file that is 
not included in the online public file shall be available for public 
inspection at any time during regular business hours at an accessible 
place in the community of license. The applicant, permittee, or 
licensee must provide information regarding the location of the file, 
or the applicable portion of the file, within one business day of a 
request for such information. All or part of the file may be maintained 
in a computer database, as long as a computer terminal is made 
available, at the location of the file, to members of the public who 
wish to review the file. Material in the public inspection file shall 
be made available for printing or machine reproduction upon request 
made in person. The applicant, permittee, or licensee may specify the 
location for printing or reproduction, require the requesting party to 
pay the reasonable cost thereof, and may require guarantee of payment 
in advance (e.g., by requiring a deposit, obtaining credit card 
information, or any other reasonable method). Requests for copies shall 
be fulfilled within a reasonable period of time, which generally should 
not exceed 7 days.
    (2) The applicant, permittee, or licensee who maintains its public 
file outside its community of license (see paragraph (b)(1) of this 
section) shall:
* * * * *
    (e) * * *
    (4) Contour maps. A copy of any service contour maps, submitted 
with any application tendered for filing with the FCC, together with 
any other information in the application showing service contours and/
or transmitter location (State, county, city, street address, or other 
identifying information). These documents shall be retained for as long 
as they reflect current, accurate information regarding the station.
* * * * *

0
11. In Sec.  73.3527, revise paragraphs (b)(1) and (2), (c)(1), (c)(2) 
introductory text, and (e)(3) to read as follows:


Sec.  73.3527   Local public inspection file of noncommercial 
educational stations.

* * * * *
    (b) * * *
    (1) For radio licensees, a hard copy of the public inspection file 
shall be maintained at an accessible place in the community of license 
until March 1, 2018, except that, as discussed in paragraph (b)(2)(ii) 
of this section, any radio station may voluntarily place its public 
inspection file in the online public file hosted by the Commission 
before March 1, 2018, if it chooses to do so, instead of retaining the 
file at an accessible place in the community of license. An applicant 
for a new station or change of community shall maintain its file at an 
accessible place in the proposed community of license. If as of January 
8, 2018 a broadcast station maintains a hard copy of all or a portion 
of its public inspection file at a main studio that either complied 
with the Commission's main studio rule (47 CFR 73.1125 (2016)) but is 
not within the station's community of license, or was deemed a 
permissible location for the station's public inspection file pursuant 
to a waiver of the main studio rule, and if the station retains that 
studio, then that studio is a permissible location for the station's 
hard copy public inspection file. Any reference in this section to ``an 
accessible place in the community of license'' shall be deemed to 
include such a studio.
    (2)(i) A noncommercial educational television station licensee or 
applicant shall place the contents required by paragraph (e) of this 
section of its public inspection file in the online public file

[[Page 57884]]

hosted by the Commission, with the exception of the political file as 
required by paragraph (e)(5) of this section, which may be retained at 
the station in the manner discussed in paragraph (b)(1) of this section 
until July 1, 2014. Effective July 1, 2014, any new political file 
material shall be placed in the online public file hosted by the 
Commission, while the material in the political file as of July 1, 
2014, if not placed in the Commission's online public file, shall 
continue to be retained at the station in the manner discussed in 
paragraph (b)(1) of this section until the end of its retention period. 
However, any noncommercial educational station that is not required to 
place its political file in the online public file hosted by the 
Commission before July 1, 2014 may choose to do so instead of retaining 
the political file at the station in the manner discussed in paragraph 
(b)(1) of this section. For purposes of this paragraph (b)(2)(i), the 
``manner discussed in paragraph (b)(1) of this section'' refers to 
maintaining a hard copy of the public inspection file at the main 
studio of the station as described in paragraph (b)(1) prior to January 
8, 2018. See 47 CFR 73.3527(b)(1) (2016).
    (ii) Beginning March 1, 2018, noncommercial educational radio 
station licensees and applicants shall place the contents required by 
paragraph (e) of this section in the online public inspection file 
hosted by the Commission. For these stations, effective March 1, 2018, 
any new political file material shall be placed in the Commission's 
online public file, while the material in the political file as of 
March 1, 2018, if not placed in the Commission's online public file, 
shall continue to be retained at an accessible place in the community 
of license in the manner discussed in paragraph (b)(1) of this section 
until the end of its retention period. However, any radio station that 
is not required to place its public inspection file in the online 
public file hosted by the Commission before March 1, 2018, may choose 
to do so, instead of retaining the public inspection file at an 
accessible place in the community of license in the manner discussed in 
paragraph (b)(1) of this section.?>
    (iii) A station must provide a link to the online public inspection 
file hosted by the Commission from the home page of its own Web site, 
if the station has a Web site, and provide contact information for a 
station representative on its Web site that can assist any person with 
disabilities with issues related to the content of the public files. A 
station also is required to include in the online public file hosted by 
the Commission the station's address and telephone number, and the 
email address of the station's designated contact for questions about 
the public file. To the extent this section refers to the local public 
inspection file, it refers to the public file of an individual station, 
which is either maintained at an accessible place in the community of 
license or on the Commission's Web site, depending upon where the 
documents are required to be maintained under the Commission's rules.
* * * * *
    (c) * * *
    (1) For any applicant, permittee, or licensee that does not include 
all material described in paragraph (e) of this section in the online 
public file hosted by the Commission, the portion of the file that is 
not included in the online public file shall be available for public 
inspection at any time during regular business hours at an accessible 
place in the community of license. The applicant, permittee, or 
licensee must provide information regarding the location of the file, 
or the applicable portion of the file, within one business day of a 
request for such information. All or part of the file may be maintained 
in a computer database, as long as a computer terminal is made 
available, at the location of the file, to members of the public who 
wish to review the file. Material in the public inspection file shall 
be made available for printing or machine reproduction upon request 
made in person. The applicant, permittee, or licensee may specify the 
location for printing or reproduction, require the requesting party to 
pay the reasonable cost thereof, and may require guarantee of payment 
in advance (e.g., by requiring a deposit, obtaining credit card 
information, or any other reasonable method). Requests for copies shall 
be fulfilled within a reasonable period of time, which generally should 
not exceed 7 days.
    (2) The applicant, permittee, or licensee who maintains its public 
file outside its community of license (see paragraph (b)(1) of this 
section) shall:
* * * * *
    (e) * * *
    (3) Contour maps. A copy of any service contour maps, submitted 
with any application tendered for filing with the FCC, together with 
any other information in the application showing service contours and/
or transmitter location (State, county, city, street address, or other 
identifying information). These documents shall be retained for as long 
as they reflect current, accurate information regarding the station.
* * * * *

0
12. In Sec.  73.3538, revise paragraph (b) to read as follows:


Sec.  73.3538   Application to make changes in an existing station.

* * * * *
    (b) An informal application filed in accordance with Sec.  73.3511 
is to be used to obtain authority to modify or discontinue the 
obstruction marking or lighting of the antenna supporting structure 
where that specified on the station authorization either differs from 
that specified in 47 CFR part 17, or is not appropriate for other 
reasons.


Sec.  73.3544   [Amended]

0
13. In Sec.  73.3544, remove paragraph (b)(3) and redesignate paragraph 
(b)(4) as paragraph (b)(3).

0
14. Revise Sec.  73.6000 to read as follows:


Sec.  73.6000   Definitions.

    For the purpose of this subpart, the following definition applies:
    Locally produced programming is programming:
    (1) Produced within the predicted Grade B contour of the station 
broadcasting the program or within the contiguous predicted Grade B 
contours of any of the stations in a commonly owned group; or
    (2) Produced within the predicted DTV noise-limited contour (see 
Sec.  73.622(e)) of a digital Class A station broadcasting the program 
or within the contiguous predicted DTV noise-limited contours of any of 
the digital Class A stations in a commonly owned group.

    Note to Sec.  73.6000: See Report and Order, In the Matter of 
Establishment of a Class A Television Service, MM Docket No. 00-10, 
released April 4, 2000; Memorandum Opinion and Order on 
Reconsideration, In the Matter of Establishment of a Class A 
Television Service, MM Docket No. 00-10, released April 13, 2001; 
Report and Order, In the Matter of Elimination of Main Studio Rule, 
MB Docket No. 17-106, released October 24, 2017.

Alphabetical Index--[Amended]

0
15. In the alphabetical index for part 73, remove the entries for 
``Location, Main studio,'' ``Main studio location,'' ``Station, main 
studio location,'' and ``Studio location, Main.''

[FR Doc. 2017-24982 Filed 12-7-17; 8:45 am]
 BILLING CODE 6712-01-P



                                              57876             Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations

                                              language of this rule on the Federal                    Reference Center, Federal                               rule dissuades broadcasters from
                                              Plain Language Guidelines.                              Communications Commission, 445 12th                     launching a station, even if the
                                                                                                      Street SW., Room CY–A257,                               broadcaster has already obtained a
                                              List of Subjects in 40 CFR Part 1601
                                                                                                      Washington, DC 20554. This document                     construction permit for the station.
                                                Administrative practice and                           will also be available via ECFS at http://              Eliminating the rule thus may lead to
                                              procedure, Archives and records,                        fjallfoss.fcc.gov/ecfs/. Documents will                 increased broadcast service in those
                                              Confidential business information,                      be available electronically in ASCII,                   areas. In addition, as commenters
                                              Freedom of information, Privacy.                        Microsoft Word, and/or Adobe Acrobat.                   suggest, eliminating the main studio
                                                Accordingly, the interim rule                         Copies of the materials can be obtained                 rule will provide broadcasters with the
                                              amending 40 CFR part 1601, which was                    from the FCC’s Reference Information                    same flexibility as Internet radio
                                              published at 82 FR 45502 on September                   Center at (202) 418–0270. Alternative                   stations and cable and satellite
                                              29, 2017, is adopted as final without                   formats are available for people with                   providers, none of which are subject to
                                              change.                                                 disabilities (Braille, large print,                     a main studio requirement. While we
                                                                                                      electronic files, audio format), by                     recognize the importance of local
                                              Ray Porfiri,                                            sending an email to fcc504@fcc.gov or                   broadcast television and radio stations
                                              Deputy General Counsel, Chemical Safety and             calling the Commission’s Consumer and                   as a source of news and information, we
                                              Hazard Investigation Board.                             Governmental Affairs Bureau at (202)                    agree with NAB that the record does not
                                              [FR Doc. 2017–26438 Filed 12–7–17; 8:45 am]             418–0530 (voice), (202) 418–0432                        provide any ‘‘evidence that the physical
                                              BILLING CODE 6350–01–P                                  (TTY).                                                  location of a station’s main studio is the
                                                                                                                                                              reason local broadcasters are able to
                                                                                                      Synopsis
                                                                                                                                                              deliver content that meets the needs and
                                              FEDERAL COMMUNICATIONS                                     1. The Commission in this R&O                        interest[s] of their communities, or that
                                              COMMISSION                                              adopts the proposal in the Notice of                    the location and staffing of the studio
                                                                                                      Proposed Rulemaking (NPRM), 82 FR                       has any relationship to the ability of a
                                              47 CFR Parts 1 and 73                                   25590 (June 2, 2017), to eliminate the                  station to serve its local audience.’’
                                                                                                      Commission rule requiring AM, FM,                          3. We affirm the tentative conclusion
                                              [MB Docket No. 17–106; FCC 17–137]
                                                                                                      and television broadcast stations to                    in the NPRM that technological
                                              Elimination of Main Studio Rule                         maintain a local main studio.1 We also                  innovations have rendered local studios
                                                                                                      adopt the proposal to eliminate the                     unnecessary as a means for viewers and
                                              AGENCY:  Federal Communications                         associated staffing and program                         listeners to communicate with or access
                                              Commission.                                             origination capability requirements that                their local stations and to carry out the
                                              ACTION: Final rule.                                     apply to main studios. To ensure that                   other traditional functions that they
                                                                                                      community members retain the ability                    have served. The record shows that it is
                                              SUMMARY:   In this document, the Federal                to communicate with and obtain                          exceedingly rare for a member of the
                                              Communications Commission (FCC or                       information regarding their local                       public to visit a station’s main studio,
                                              Commission) eliminates the rule that                    stations, we retain the existing                        with community members
                                              requires each AM, FM, and television                    requirement that broadcasters maintain                  overwhelmingly choosing instead to
                                              broadcast station to maintain a main                    a local or toll-free telephone number.                  communicate with stations through
                                              studio located in or near its community                 We also require stations to maintain any                more efficient means such as email,
                                              of license. The FCC also eliminates                     portion of their public file that is not                station Web sites, social media, mail, or
                                              existing requirements associated with                   part of the online public file at a                     telephone.3 This has been the case even
                                              the rule, including the requirement that                publicly accessible location within the                 more so since the Commission created
                                              the main studio have full-time                          station’s community of license. Finally,                the online public inspection file. Once
                                              management and staff present during                     we make conforming edits to other                       broadcasters fully transition to the
                                              normal business hours, and that it have                 Commission rules that are necessitated                  online public file in early 2018,
                                              program origination capability.                         by the elimination of the main studio                   requiring stations to maintain a fully
                                              DATES: Effective January 8, 2018, except                rule.                                                   staffed main studio for purposes of
                                              for §§ 73.3526(c)(1) and 73.3527(c)(1),                    2. We agree with the vast majority of                providing access to the file will no
                                              which contain new or modified                           commenters 2 in this proceeding that the                longer be practical or justifiable. It is
                                              information collection requirements,                    main studio rule should be eliminated.                  also relevant that community members
                                              and which shall become effective after                  We are persuaded that eliminating the                   already participate in station shows
                                              the Commission publishes a document                     rule will result in significant cost                    from outside the main studio, for
                                              in the Federal Register announcing                      savings for broadcasters and other                      example by appearing via telephone or
                                              OMB approval and the relevant effective                 public interest benefits. For example,                  Skype. As some commenters state, in-
                                              date.                                                   the record shows that in some small                     person visits from community members
                                              FOR FURTHER INFORMATION CONTACT: For                    towns and rural areas the cost of                       are now ‘‘unnecessary, if not obsolete,’’
                                              additional information on this                          complying with the current main studio                  as a result of the ‘‘near ubiquity of
                                              proceeding, contact Diana Sokolow,                                                                              remote communication.’’ 4
                                                                                                         1 Because we are eliminating the main studio
                                              Diana.Sokolow@fcc.gov, of the Policy
                                                                                                      rule, we need not address one commenter’s                 3 Although broadcast licensees are obligated to
                                              Division, Media Bureau, (202) 418–                      argument that the current main studio rule is           serve ‘‘the public interest, convenience, and
                                              2120.                                                   unenforceable under the Administrative Procedure        necessity,’’ we find that ‘‘convenience’’ need not
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                                                                                                      Act. We also decline to address herein arguments        include reasonable physical access to the station’s
                                              SUPPLEMENTARY INFORMATION:     This is a                that are outside the scope of this proceeding, which    facilities in the community of license, contrary to
                                              summary of the Commission’s Report                      is limited to elimination of the main studio rule and   the suggestion of one commenter, given how rarely
                                              and Order (R&O), FCC 17–137, adopted                    the associated staffing and program origination         community members today opt to access such
                                              and released on October 24, 2017. The                   capability requirements.                                facilities.
                                                                                                         2 Contrary to the suggestion of Common                 4 In addition, some commenters point to the
                                              full text of this document is available for             Frequency, the ample record in this proceeding          legitimate public safety concerns that are associated
                                              public inspection and copying during                    provides the Commission with sufficient                 with allowing uninvited members of the public to
                                              regular business hours in the FCC                       information to proceed to this R&O.                     visit a station’s main studio.



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                                                                Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations                                                   57877

                                                 4. We disagree with arguments that in                involvement in the local community,                        8. The cost savings broadcasters may
                                              the absence of a local main studio, the                 and there is no evidence in the record                  achieve following elimination of the
                                              Commission will be unable to ensure                     that elimination of this rule will cause                main studio rule will enable them to
                                              that a station serves its local                         a decrease in such involvement or                       allocate greater resources to local
                                              community. Broadcast licensees still                    coverage.                                               programming and other matters such as
                                              will be required to include in their                       6. We reject claims that the                         community outreach, newsgathering,
                                              public inspection files, on a quarterly                 elimination of the main studio rule will                equipment upgrades, and attracting new
                                              basis, a list of those ‘‘programs that have             have a negative impact on broadcasters’                 talent and personnel. According to some
                                              provided the station’s most significant                 ability to broadcast emergency and time-                commenters, such savings could even
                                              treatment of community issues during                    sensitive information. One commenter                    prevent some stations from going dark.
                                              the preceding three month period,’’                     explains that in terms of ‘‘a station’s                 Stations will have the flexibility to
                                              including a brief description of each                   ability to communicate time-sensitive or                operate studios in the most efficient
                                              relevant program. Further, as part of the               emergency information to the public,’’                  manner, and some stations that are co-
                                              broadcast station license renewal                       today telephone and Internet                            owned or jointly operated may find it to
                                              process, the Commission is required to                  communications are more efficient than                  be more efficient for them to co-locate
                                              find that ‘‘the station has served the                  an in-person interaction at a local                     their studios.11 We conclude that
                                              public interest, convenience, and                       studio. In furtherance of their obligation              providing stations with the maximum
                                              necessity’’ during its preceding license                to serve their communities of license,                  flexibility by eliminating the main
                                              term. In particular, ‘‘[o]ne of a television            commenters state that broadcasters will                 studio rule in its entirety is preferable
                                              broadcaster’s fundamental public                        continue providing timely emergency                     to the more limited approaches
                                              interest obligations is to air                          information to their viewers and                        proposed by some commenters, which
                                              programming responsive to the needs                     listeners. Additionally, we note that the               could still impose significant cost
                                              and interests of its community of                       elimination of the main studio rule will                burdens on some stations and would not
                                              license.’’                                              not in any way alter a station’s                        entirely address concerns that the costs
                                                 5. We also are not persuaded by                      obligations to transmit emergency alerts                of complying with the main studio rule
                                              contentions that broadcasters’ local                    received via the emergency alert system                 are no longer justified today.
                                              community involvement or the                            (EAS).7                                                    9. Eliminating the main studio rule
                                              provision of local news will                               7. Because we find that technological                and associated requirements is not
                                              significantly decline if we eliminate the               innovations have eliminated the need                    inconsistent with section 307(b) of the
                                              main studio rule. Broadcast commenters                  for a local main studio, the costs of                   Communications Act of 1934, as
                                              explain that they keep apprised of local                complying with the main studio rule                     amended (the Act), which requires the
                                              needs and issues to distinguish                         substantially outweigh any benefits.8                   Commission to ‘‘make such distribution
                                              themselves from their competitors, to                   Broadcasters detail the significant costs               of licenses, frequencies, hours of
                                              gain popularity and thus advertising                    that they face under the main studio                    operation, and of power among the
                                              dollars or, in the case of noncommercial                rule, including such expenses as: (a)                   several States and communities as to
                                              educational (NCE) stations,                             Rent, utilities, insurance, and                         provide for a fair, efficient, and
                                              contributions, and to fulfill their public              maintenance costs for the studio itself;                equitable distribution of radio service to
                                              interest obligations.5 Broadcasters will                (b) equipment and transmission                          each of the same.’’ In the absence of the
                                              retain these incentives even in the                     facilities; and (c) salaries, taxes,                    main studio rule, broadcast stations still
                                              absence of the main studio rule.6 In                    insurance, and benefits for the main                    will be licensed to a specific community
                                              addition, we agree with Univision that                  studio’s two full-time employees.                       of license, and they will be obligated to
                                              today, ‘‘providing service to, interacting              Broadcasters claim that main studio-                    place a certain signal contour over that
                                              with, and maintaining awareness of a                    related costs range from $20,000 per                    community. As noted above,
                                              community is not dependent upon                         year to several hundred thousand                        broadcasters also will remain subject to
                                              locating a station’s offices within certain             dollars per year.9 One broadcaster states               license renewal and quarterly issues/
                                              arbitrary geographic boundaries                         that it could consolidate main studios                  programs list requirements. Moreover,
                                              imposed by the’’ main studio rule. To                   and save more than $10 million                          programming designed to meet a
                                              the contrary, broadcasters can interact                 annually. The main studio rule imposes                  community’s needs and interests can be
                                              with local community members by                         significant and burdensome costs on                     produced anywhere today. For the
                                              using technology such as social media,                  broadcasters, particularly smaller                      reasons discussed herein, the record
                                              and even without a local main studio,                   broadcasters and NCE stations.10                        supports our finding that a local main
                                              broadcasters can use modern technology                                                                          studio is no longer necessary to ensure
                                              to broadcast information about local                       7 As explained below, broadcasters already have      that broadcast stations serve their local
                                              events. The main studio rule does not                   processes in place to ensure that they are              communities,12 and thus eliminating
                                                                                                      responsive to emergency situations.
                                              require broadcasters to provide any                        8 This rationale for eliminating the main studio
                                                                                                                                                              consolidated multi-station broadcasters. The fact-
                                              particular level of local coverage or                   rule applies to all broadcast stations, and we thus     based statements of small broadcasters in this
                                                                                                      will eliminate the rule in its entirety rather than     proceeding, detailing the costs of compliance with
                                                 5 We note that the main studio rule does not         eliminating it only for a certain subset of stations.   the main studio rule and the potential benefits to
                                              require broadcasters to provide coverage of their          9 Due to the specific information broadcasters       them of the elimination of the rule, belie these
                                              local communities; rather, the rule simply governs      have provided regarding costs of compliance with        claims.
                                              the permissible location of a station’s main studio.    the current main studio rule and associated                11 Contrary to the suggestion of one commenter,
                                                 6 The record suggests that not all stations will     requirements, we are not persuaded by commenters’       we see no evidence in the record that any broadcast
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                                              choose to eliminate their current main studios after    unsupported arguments that maintaining a local          station would attempt to move its studio outside of
                                              the main studio rule is repealed. Those stations that   main studio ‘‘has never been more affordable’’ and      this country, and we question whether doing so
                                              do choose to eliminate their current main studios       that broadcasters do not need relief from the           would be feasible or economical.
                                              likely will often maintain an office or studio that     Commission in this regard.                                 12 We thus reject claims that the main studio rule

                                              is convenient to their viewers or listeners, so that,      10 Some commenters claim, without evidence,          is still needed to meet the obligations in section
                                              among other things, community members can               that small and independent broadcasters will not        307(b) of the Act. In addition, we agree with NAB
                                              appear in person to serve as on-air guests or attend    benefit from the elimination of the main studio rule    that any assertion that the main studio rule is
                                              in-studio events, and so that contest prize winners     because they likely will not relocate their existing    needed to enforce the ‘‘transmission service’’
                                              can visit the station to retrieve their prizes.         studios and will become unable to compete against                                                   Continued




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                                              57878              Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations

                                              the main studio requirement will not                       12. We find that decisions regarding                 Conversely, the Commission has
                                              prevent compliance with the                             location and number of staff members                    recognized for decades that non-locally
                                              distribution directive in section 307(b)                should be left to broadcast licensees.14                produced programming can serve the
                                              of the Act.                                             Although we acknowledge that                            needs of a community. Those statements
                                                 10. We note that the Commission or                   elimination of the main studio staffing                 are only more true today. Technology
                                              Media Bureau has previously granted                     requirement possibly could lead to                      makes it easier than ever before to
                                              waivers of the main studio rule. Our                    fewer employees available to interact                   originate locally relevant programming
                                              decision to eliminate the main studio                   person to person at the physical station                from locations outside of the station’s
                                              requirement supersedes these waiver                     office, we have explained above that                    community of license, and the existence
                                              grants, including pledges that the                      technology enables broadcasters to                      of technology that enables stations to
                                              licensees made in connection with those                 interact with the local community and                   provide local broadcast coverage
                                              waivers, with one exception discussed                   to broadcast information about local                    without a local main studio also moots
                                              below.13 Accordingly, as of the effective               events even without a local main studio.                concerns that licensees need a local
                                              date of the rules adopted in this R&O,                  Eliminating the main studio                             main studio to broadcast emergency
                                              stations that have previously received a                requirement and associated staffing                     information.
                                              waiver of the main studio rule must                     requirement promotes our statutory                         14. There is no evidence in the record
                                              comply with the Commission’s rules,                     goals by allowing broadcasters to                       that the current program origination
                                              including the requirement to maintain a                 allocate greater resources to                           capability requirement has enhanced
                                              local or toll-free number, rather than the              programming and other matters,                          local programming or otherwise served
                                              licensee pledges, if any, associated with               promoting increased broadcast service                   the public interest. Commenters state
                                              their superseded waiver grants. Upon                    in small towns and rural areas, and                     that many broadcasters that currently
                                              the elimination of the main studio rule,                preventing stations from going dark. To                 originate programming locally will
                                              it would not make sense to continue                     the extent commenters express concerns                  continue to do so in the absence of the
                                              subjecting stations to the commitments                  about potential job loss following the                  current program origination capability
                                              they made in obtaining a waiver of the                  elimination of the main studio rule and                 requirement. In any case, it appears that
                                              main studio rule, including any related                 the associated staffing requirement, we                 the location from which programming is
                                              recordkeeping requirements.                             do not believe we are required to                       originated is irrelevant to whether the
                                                 11. In addition to eliminating the                   disregard our statutory goals to prevent                programing serves a community’s needs
                                              main studio rule itself, we adopt our                   such loss. Further, preventing stations                 and interests. We agree with broadcast
                                              NPRM proposal to eliminate the staffing                 from going dark and enabling                            commenters ‘‘that a licensee’s
                                              requirements currently associated with                  broadcasters to launch stations that they               understanding of the needs and
                                              the rule. This will provide broadcasters                otherwise may not launch may promote                    concerns of its station’s audience,’’ not
                                              with more flexibility to staff their                    employment.                                             the physical location of its studio or
                                              operations as they see fit. Pursuant to                    13. In addition to the foregoing, we                 program production equipment,
                                              Commission precedent, there currently                   also adopt our NPRM proposal to                         ‘‘promotes the broadcast of issue-
                                              must be two employees (one                              eliminate the program origination                       responsive programming.’’ 16
                                              management and one staff) present on a                  capability requirement currently                           15. As proposed in the NPRM, we
                                              full-time basis at a main studio during                 associated with the main studio rule.                   retain § 73.1125(e) of our rules, which
                                              normal business hours. Given the                        This will provide broadcasters greater                  requires ‘‘[e]ach AM, FM, TV and Class
                                              technological advances that enable                      flexibility with respect to their                       A TV broadcast station [to] maintain a
                                              remote monitoring and control of                        programming operations. Pursuant to                     local telephone number in its
                                              broadcast stations, commenters attest                   Commission precedent, the main studio                   community of license or a toll-free
                                              that some main studio employees have                    currently must be capable of                            number.’’ NAB supports this
                                              nothing to do but sit at the main studio                transmitting programming and must be                    requirement, which it says ‘‘keep[s] the
                                              in fulfillment of this requirement.                     equipped with production and                            community well-informed and [is] not
                                              Commenters persuasively state that it                   transmission facilities. When the                       unduly burdensome.’’ The telephone
                                              can be difficult for small or rural                     Commission decided thirty years ago to                  number rule permits station owners to
                                              stations and for financially-challenged                 eliminate its rule requiring stations to                provide one telephone number for
                                              AM stations to support two full-time                    actually originate programming at their                 multiple stations, provided that the
                                              employees. For example, station                         main studios, it concluded that ‘‘the                   number is toll-free or local to each
                                              KIHT(FM) is licensed to Amboy,                          main studio no longer plays the central                 station’s community of license.17 Some
                                              California (population: four) and serves                role in the production of a station’s                   consumers are subject to an additional
                                              motorists traveling through the Mojave                  programming and programming                             fee for non-local calls, and we thus
                                              Desert. One employee travels over an                    originated from within the political                    retain the requirement for a local or toll-
                                              hour each way each day to staff the                     boundaries of the community is not                      free number. Retaining the telephone
                                              main studio.                                            necessarily responsive to the needs and                 number rule will help promote
                                                                                                      interests of the community.’’ 15                        continued access to local broadcast
                                              requirement is misplaced because ‘‘[t]he
                                              Commission effectively abandoned this definition
                                              of transmission service when it eliminated the
                                                                                                         14 We caution that the deletion of the main studio   broadcast station to originate more than 50 percent
                                              program origination requirement.’’                      rule does not in any way limit or reduce broadcast      of its non-network programs from its main studio
                                                 13 The main studio waiver grants are superseded      licensees’ obligation and responsibility to retain      or other points within its community of license.
                                              by this R&O because there will no longer be a main      and maintain control over essential station matters,      16 For this reason, we reject the assertion that a
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                                              studio rule to be waived. Given that waivers of the     such as personnel, programming, and finances. The       main studio’s most important function is program
                                              main studio rule will no longer be necessary, we        Commission expects that broadcast licensees will        origination capability.
                                              need not address one commenter’s claim that the         continue to be able to demonstrate such control           17 Implicit in the requirement to maintain a local

                                              current waiver process leads to an unfair and           notwithstanding the elimination of the main studio      or toll-free number is the requirement that phone
                                              inefficient distribution of radio services. Below we    rule and the staffing requirements associated with      calls made to this number be answered during
                                              explain one type of main studio waiver for which        the main studio rule.                                   business hours. We encourage broadcasters to use
                                              we will grandfather the station’s current main             15 In that order, the Commission recognized the      voicemail or another way for consumers to leave
                                              studio as a permissible location for its local public   limited utility of the program origination              messages outside of stations’ normal business
                                              file.                                                   requirement by deleting its rule requiring each         hours.



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                                                                 Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations                                                      57879

                                              stations by community members upon                       requirements, other commenters                            upload their existing public file
                                              elimination of the main studio rule.18                   persuasively explain that broadcasters                    documents to the online file by that
                                              We find that retaining the existing rule                 already have processes in place to                        date, except for existing political file
                                              is an appropriate means to ensure that                   ensure that station personnel are                         material which they may either upload
                                              members of the public can easily                         available to receive and broadcast time-                  or maintain locally until the expiration
                                              contact station representatives and                      sensitive emergency information. On                       of the two-year retention period for such
                                              receive timely responses.19                              balance, we conclude that the adoption                    political file material. In other words,
                                                 16. Stations currently are required to                of additional rules would not                             community members already have
                                              post their telephone numbers in their                    necessarily improve broadcasters’                         online access to television station public
                                              online public files.20 We retain that                    responsiveness to local emergencies,                      files, and by March 1, 2018 they will
                                              requirement and do not require stations                  and we thus find that there is no                         have online access to radio station
                                              to publicize their phone numbers in any                  evidence that the cost of such                            public files, with the potential
                                              additional ways. We agree with                           obligations would be justified by any                     exception of preexisting portions of the
                                              commenters that broadcasters have                        purported benefits.                                       political file that the station may retain
                                              extensive marketplace incentives and                        18. As discussed below, and as                         locally until the expiration of the two-
                                              license obligations to be accessible and                 supported by NAB and other                                year retention period for such materials.
                                              responsive to their audience, and we                     broadcasters, we require every broadcast                     19. Nonetheless, we recognize the
                                              note that telephone numbers by their                     station applicant, permittee, or licensee                 need to ensure that community
                                              nature generally are accessible in other                 to maintain any portion of its public file                members have local access to a station’s
                                              ways. Broadcasters will retain the                       that is not part of the online public file                public file for any timeframe during
                                              flexibility to determine whether they                    at an accessible place within its                         which all or a portion of that file is not
                                              want to publicize their telephone                        community of license. Pursuant to the                     available via the online public file.
                                              numbers in additional ways. For                          Commission’s online public file rules,                    Accordingly, we require every broadcast
                                              example, most stations already choose                    in the very near future there will be only                station applicant, permittee, or licensee
                                              to post their telephone numbers on their                 limited instances in which any portion                    to maintain any portion of its public file
                                              Web sites.                                               of a station’s public inspection file will                that is not part of the online public file
                                                 17. Furthermore, in the NPRM, the                     be permitted to be maintained at the                      at an accessible place within its
                                              Commission sought comment on                             station’s main studio rather than                         community of license. NAB and other
                                              whether additional requirements are                      online.22 In 2012, the Commission                         broadcasters support this approach. The
                                              needed to ensure that broadcasters are                   adopted rules requiring television                        ‘‘accessible place’’ could be a station
                                              responsive to time-sensitive and                         broadcasters to utilize an online public                  office or studio, if it is located within
                                              emergency information. Because                           file hosted by the Commission, rather                     the community of license, or it could be
                                              broadcasters already coordinate with                     than maintaining the public file locally,                 a different location such as a local
                                              federal, state, and local emergency                      and television stations completed their                   library or another station’s office or
                                              management officials, as well as law                     transition to the online public file in                   studio. The file must be available for
                                              enforcement officials, to address                        2014. In 2016, the Commission adopted                     public inspection at any time during
                                              emergencies that occur at any time of                    rules expanding the online public file                    regular business hours, as is currently
                                              day, we conclude that there is no need                   requirement to broadcast radio                            the case with regard to access to a
                                              to adopt additional requirements                         licensees. As of June 24, 2016,                           public file maintained at a station’s
                                              pertaining to broadcast station                          commercial broadcast radio stations in                    main studio.24 If a station has
                                              responsiveness to time-sensitive or                      the top 50 Nielsen Audio radio markets
                                              emergency information.21 While some                                                                                transitioned to the online public file
                                                                                                       with five or more full-time employees
                                              commenters reference such                                                                                          with the exception of its existing
                                                                                                       were required to place new public and
                                                                                                                                                                 political file materials, which certain
                                                                                                       political file documents in the online
                                                 18 We recognize that there is some cost to stations                                                             stations may maintain locally until the
                                                                                                       public file on a going-forward basis. By
                                              of maintaining a local or toll-free telephone                                                                      two-year retention period expires as
                                                                                                       December 24, 2016, these entities were
                                              number, but we find that on balance the relatively                                                                 discussed above, then the station must
                                              limited cost is outweighed by the benefit of             required to upload their existing public
                                                                                                                                                                 maintain a copy of its existing political
                                              ensuring that the station remains accessible to local    file documents to the online file, except
                                              community members.                                                                                                 file materials at an accessible place
                                                                                                       for existing political file material which
                                                 19 NFIB has proposed instead that the                                                                           within its community of license until it
                                                                                                       they may either upload or maintain
                                              Commission adopt a functional requirement that                                                                     is no longer required to retain those
                                              each station ‘‘ensure that persons in its community      locally until the expiration of the two-
                                                                                                                                                                 materials.25 We note that any station
                                              of license have a reasonable opportunity to              year retention period for such political
                                              communicate with the station through at least one        file material. Beginning March 1, 2018,                     24 The other requirements of existing
                                              generally available means of communication at no
                                              charge.’’ We find that such an approach would be         all other broadcast radio stations 23 must                §§ 73.3526(c)(1) and 73.3527(c)(1) of our rules also
                                              unworkable for consumers who do not use email            place new public and political file                       will apply to the selected location of the public file
                                              and thus would have no way to contact a station          documents in the online public file on                    within the community of license. Sections
                                              if the station eliminates its local main studio.                                                                   73.3526(b) and 73.3527(b) of our rules currently
                                              Accordingly, maintenance of the current telephone
                                                                                                       a going-forward basis. They must also                     contain multiple references to the hard copy public
                                              number requirement is a more practical approach.                                                                   inspection file maintained at a station or at the
                                                 20 These rules also currently require a station to       22 Sections 73.3526(e) and 73.3527(e) of the           station’s main studio, and we will revise this
                                              include its main studio address, and as discussed        Commission’s rules set forth the required contents        language instead to reference retention of the file at
                                              below we modify them to require the public file to       of the station’s public inspection file. These            an accessible place in the community of license
                                              include the station’s address (rather than its main      contents include the ‘‘political file,’’ which consists   (with the exception of references that are limited to
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                                              studio address). The posted address should be a          of the records required to be maintained under            timeframes in the past).
                                              location at which the licensee may be contacted by       § 73.1943 of our rules concerning broadcasts by             25 Urban One states, ‘‘a radio station that has

                                              mail and in person, for example, a studio, office,       candidates for public office.                             voluntarily uploaded all political materials that are
                                              or headquarters.                                            23 This includes NCE broadcast radio stations,         required to be maintained to its online file should
                                                 21 Nothing in this R&O is intended to alter the       commercial broadcast radio stations in the top 50         have no obligation to make public file material
                                              obligation on licensees to post a written document       Nielsen Audio radio markets with fewer than five          available other than online.’’ As explained above,
                                              designating the station’s Chief Operator along with      full-time employees, and commercial broadcast             certain stations may locally retain political file
                                              the posted copy of the station’s license, as set forth   radio stations in markets below the top 50 or             materials that were existing as of a certain date,
                                              in 47 CFR 73.1870(b)(3).                                 outside all markets.                                                                                   Continued




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                                              57880              Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations

                                              that wishes to avoid this requirement                     available at an accessible place in the                   23. As a result of our repeal of the
                                              has the option to instead fully transition                community to provide that location on                   main studio rule, we also will make the
                                              to the Commission’s online public file                    their Web site, if they have a Web site,                following conforming rule revisions as
                                              system.                                                   and by any other means that the station                 shown in the Final Rules:
                                                 20. In addition, if a broadcast station                deems effective.                                          • In § 1.80, delete the row of the chart
                                              currently maintains its local public file                    22. In the NPRM, the Commission                      detailing the base forfeiture amount for
                                              at a main studio that complies with the                   sought comment on whether                               violations of the main studio rule.30
                                              current main studio rule but is not                       alternatively it should only eliminate                    • In § 1.1104, delete the four rows
                                              within the station’s community of                         the main studio rule for stations that                  detailing the schedule of charges for a
                                              license, and if the station retains that                  have fully transitioned all public file                 ‘‘Main Studio Request,’’ and re-letter the
                                              studio, we will grandfather that studio                   material to the online public file,                     remaining listings accordingly.
                                              as a permissible location for the                         including existing political file                         • In the definition of ‘‘equipment
                                              station’s local public file for the period                materials. While some commenters                        performance measurements’’ in § 73.14
                                              before completion of the station’s                        support this alternate approach, we                     of our rules, delete ‘‘at main studio.’’
                                              transition to the online public file.26
                                              Similarly, some existing waivers of the
                                                                                                        agree with NAB that we should not limit                   • Delete § 73.761(d) of our rules,
                                                                                                        in this manner the public interest                      which currently governs formal
                                              main studio rule permit stations to                       benefits that will follow the elimination
                                              maintain their public files at the                                                                                applications for a change in main studio
                                                                                                        of the main studio rule.28 The later                    location, and renumber the remainder of
                                              station’s main studio outside the                         March 1, 2018 online public file
                                              community of license.27 We also will                                                                              the rule.
                                                                                                        deadline generally applies to smaller                     • In § 73.1400(a)(1)(ii) of our rules,
                                              grandfather any such studio as a
                                                                                                        stations.29 Some of these entities may be               change the reference to ‘‘the main studio
                                              permissible location for the station’s
                                                                                                        most adversely impacted by the costs of                 or other location’’ to ‘‘a studio or other
                                              local public file for the period before
                                                                                                        complying with the current main studio                  location.’’
                                              completion of the station’s transition to
                                                                                                        rule, and we conclude that we should                      • Delete § 73.1690(c)(8)(ii) of our
                                              the online public file. This approach
                                                                                                        not disadvantage them by denying them                   rules, which currently states that both
                                              will ensure that stations with current
                                                                                                        the benefits of the repeal of the rule. As              commercial and NCE FM stations must
                                              waivers do not face increased burdens
                                                                                                        discussed above, the costs savings of                   comply with the main studio rule, and
                                              as a result of the elimination of the main
                                                                                                        eliminating the rule will be significant                renumber the remainder of the rule.
                                              studio rule.
                                                                                                        and will apply to all types of broadcast
                                                 21. A community member seeking                                                                                   • Delete § 73.1690(d)(1) of our rules,
                                              access to a station’s public inspection                   stations. Given our decision to require
                                                                                                                                                                which currently governs permissive
                                              file in the community of license may                      maintenance of paper files at an
                                                                                                                                                                changes in studio location, and
                                              contact the station to inquire as to the                  accessible location in the community if
                                                                                                                                                                renumber the remainder of the rule.
                                                                                                        they are not available via the online
                                              location of the file, for example via its
                                                                                                        public file, the benefits of retaining the                • Modify §§ 73.3526(b)(2)(ii) and
                                              required telephone number or email.                                                                               73.3527(b)(2)(iii) of our rules, which
                                              Stations must promptly provide                            main studio rule for those stations that
                                                                                                        do not use the online public file would                 currently require the public file to
                                              information regarding the location of the                                                                         include the station’s main studio
                                              file within one business day of a                         be minimal, if they exist at all. Indeed,
                                                                                                        in many cases the station may locate its                address and telephone number, instead
                                              request. In addition, we encourage                                                                                to require the public file to include the
                                              stations that make public file materials                  file at its current main studio, and in
                                                                                                        other cases we expect that the selected                 station’s address and telephone
                                                                                                        local file location will be equally, if not             number.31
                                              rather than uploading them to the online public file,
                                                                                                        more, convenient to residents as                          • Delete the reference to ‘‘main
                                              until the expiration of the two-year retention period
                                              for those materials. To the extent Urban One is           compared to the station’s current main                  studio’’ in §§ 73.3526(e)(4) and
                                              arguing that we should permit stations to include         studio. For example, if a station                       73.3527(e)(3) of our rules, which
                                              new political file materials in the online public file,
                                                                                                        previously maintained its main studio                   currently require inclusion of
                                              but not to make existing political file materials                                                                 information showing service contours
                                              available either locally or through the online public     outside of its community of license, as
                                              file, we disagree. To the contrary, we find that it       permitted under the current rule, and                   and/or main studio and transmitter
                                              is important to ensure that community members             the station chooses to cease operating                  location in the public file.
                                              have local access to all portions of the public
                                                                                                        that local studio as a result of this R&O,                • Delete § 73.3538(b)(2) of our rules,
                                              inspection file that are not part of the online public
                                              file. If it is too inconvenient or costly to maintain     then it may be more convenient for                      which currently governs informal
                                              these materials locally, then a station may choose        community members to access the local                   applications to relocate a main studio,
                                              to post them to the online public file instead. In        file at a location within the community                 and renumber the remainder of the rule.
                                              addition, we note that a change to the material that
                                                                                                        of license, as we require here.                           • Delete § 73.3544(b)(3) of our rules,
                                              is required to be part of a station’s public file is
                                              outside the scope of this proceeding.                                                                             which currently governs informal
                                                 26 Sections 73.3526(c)(2) and 73.3527(c)(2) of our        28 In addition, we will not adopt the proposal of    applications for a change in location of
                                              rules currently govern access to material in the          one commenter that we only permit stations to           the main studio, and renumber the
                                              public file by mail where the applicant, permittee,       eliminate their current main studios if they make       remainder of the rule.32
                                              or licensee maintains its main studio and public file     their public file available both online and at a
                                              outside its community of license. These current           business or library in the station’s community of
                                                                                                                                                                   30 We will continue to rely on the base forfeiture
                                              rules will remain in place, but we will delete the        license. Given that it is sufficient for a station
                                              phrase ‘‘main studio and,’’ such that the provisions      currently to make its public file available online      amount of $7000 as a starting point in assessing a
                                              will be triggered if an applicant, permittee, or          only, we see no reason to require an additional         forfeiture for any violations of the main studio rule
                                                                                                                                                                that occurred before the effective date of the
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                                              licensee maintains its public file outside its            means of access if the station eliminates its current
                                              community of license because the station’s studio         main studio and its entire public file is available     elimination of the rule.
                                              is grandfathered as a permissible location for the        through the Commission’s online public file.               31 As stated above, the posted address should be

                                              file, as discussed herein.                                   29 The deadline applies to NCE broadcast radio       a location at which the licensee may be contacted
                                                 27 Some main studio waivers reference a licensee       stations, commercial broadcast radio stations in the    by mail and in person, for example, a studio, office,
                                              pledge to maintain the public file in the community       top 50 Nielsen Audio radio markets with fewer than      or headquarters.
                                              of license, while others permit the licensee to           five full-time employees, and commercial broadcast         32 We also adopt the proposal to delete the

                                              maintain the public file at the main studio subject       radio stations in markets below the top 50 or           outdated reference in § 73.1690(d)(2) to § 73.1410,
                                              to the waiver.                                            outside all markets.                                    which has been deleted.



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                                                                Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations                                                   57881

                                                 • In the alphabetical index to part 73,              main studio rule and existing                         taken the alternate approach of
                                              delete the four rows that reference                     requirements associated with the main                 providing broadcast stations with
                                              § 73.1125.                                              studio rule. The R&O is authorized                    additional flexibility that will reduce
                                                 24. We also will delete § 73.6000(3) of              pursuant to sections 4(i), 4(j), 303,                 costs by grandfathering certain existing
                                              our rules and will require Class A                      307(b), and 336(f) of the                             studios as a permissible location for the
                                              stations to meet the required quantity of               Communications Act of 1934, as                        station’s local public file. In the R&O,
                                              ‘‘locally produced programming’’                        amended, 47 U.S.C. 154(i), 154(j), 303,               the Commission explains its rejection of
                                              through programming that complies                       307(b), 336(f). The types of small                    an alternate approach pursuant to which
                                              with § 73.6000(1) or (2). Consistent with               entities that may be affected by the R&O              it could only eliminate the main studio
                                              the Community Broadcasters Protection                   fall within the following categories:                 rule for stations that have fully
                                              Act of 1999, § 73.6001(b)(2) requires                   Television Broadcasting, Radio Stations.              transitioned all public file material to
                                              Class A stations to broadcast an average                The projected reporting, recordkeeping,               the online public file material, stating
                                              of at least three hours of locally                      and other compliance requirements are:                that such an approach would
                                              produced programming per week each                      (1) The elimination of the rule requiring             disadvantage the smaller entities that
                                              quarter. Section 73.6000 defines locally                each AM, FM, and television broadcast                 may be most impacted by the costs of
                                              produced programming for these                          station to maintain a local main studio;              complying with the current main studio
                                              purposes as programming that is:                        (2) the elimination of the associated                 rule.
                                                 (1) Produced within the predicted                    staffing and program origination                         26. This document contains new
                                              Grade B contour of the station                          capability requirements; (3) retention of             information collection requirements
                                              broadcasting the program or within the                                                                        subject to the Paperwork Reduction Act
                                                                                                      the existing requirement that
                                              contiguous predicted Grade B contours                                                                         of 1995 (PRA), Public Law 104–13.34 It
                                                                                                      broadcasters maintain a local or toll-free
                                              of any of the stations in a commonly                                                                          will be submitted to OMB for review
                                                                                                      telephone number; (4) a requirement
                                              owned group; or                                                                                               under section 3507(d) of the PRA. In
                                                                                                      that stations maintain any portion of
                                                 (2) Produced within the predicted                                                                          addition, we note that pursuant to the
                                                                                                      their public file that is not part of the
                                              DTV noise-limited contour . . . of a                                                                          Small Business Paperwork Relief Act of
                                                                                                      online public file at a publicly
                                              digital Class A station broadcasting the                                                                      2002, Public Law 107–198, we
                                                                                                      accessible location within the
                                              program or within the contiguous                                                                              previously sought specific comment on
                                                                                                      community of license, unless the
                                              predicted DTV noise-limited contours of                                                                       how the Commission might further
                                                                                                      current main studio is grandfathered as
                                              any of the digital Class A stations in a                                                                      reduce the information collection
                                                                                                      a permissible location for the station’s              burden for small business concerns with
                                              commonly owned group; or                                local public file for the period before
                                                 (3) Programming produced at the                                                                            fewer than 25 employees.
                                                                                                      completion of the station’s transition to                27. The Commission will send a copy
                                              station’s main studio.                                  the online public file because (a) the                of this R&O in a report to be sent to
                                              Upon deletion of the main studio rule,                  station currently maintains its local                 Congress and the Government
                                              we find that it is appropriate to delete                public file at a main studio that                     Accountability Office pursuant to the
                                              option (3). Options (1) and (2) are                     complies with the current main studio                 Congressional Review Act, see 5 U.S.C.
                                              sufficiently broad that it should not be                rule but is not within the station’s                  801(a)(1)(A).
                                              difficult for Class A stations to meet the              community of license, or (b) the station                 28. Accordingly, it is ordered that,
                                              required quantity of locally produced                   has an existing waiver of the main                    pursuant to the authority found in
                                              programming.33 Our approach will                        studio rule that permits the station to               sections 4(i), 4(j), 303, 307(b), and 336(f)
                                              alleviate the concern of Free Press that                maintain its public files at the station’s            of the Communications Act of 1934, as
                                              eliminating the main studio rule would                  main studio outside the community of                  amended, 47 U.S.C. 154(i), 154(j), 303,
                                              ‘‘effectively nullify’’ the Class A                     license. The Chief Counsel for Advocacy               307(b), and 336(f), this Report and Order
                                              requirement pertaining to the quantity                  of the Small Business Administration                  is hereby adopted.
                                              of locally produced programming.                        (SBA) did not file any comments in                       29. It is further ordered that parts 1
                                                 25. As required by the Regulatory                    response to the proposed rules in this                and 73 of the Commission’s rules, 47
                                              Flexibility Act of 1980, as amended                     proceeding. Elimination of the existing               CFR parts 1 and 73, are amended, and
                                              (RFA), an Initial Regulatory Flexibility                requirements pertaining to the location               such rule amendments shall be effective
                                              Analysis (IRFA) was incorporated in the                 of the main studio of each AM, FM, and                January 8, 2018, except for
                                              NPRM. The Commission sought written                     television broadcast station, as well as              §§ 73.3526(c)(1) and 73.3527(c)(1),
                                              public comments on proposals in the                     the elimination of associated staffing                which contain new or modified
                                              NPRM, including comment on the IRFA.                    and program origination requirements,                 information collection requirements,
                                              The Commission received no comments                     will eliminate requirements that may be               and which shall become effective after
                                              on the IRFA, although some                              outdated and unnecessarily burdensome                 the Commission publishes a document
                                              commenters discussed the effect of the                  on all broadcast stations, including                  in the Federal Register announcing
                                              proposals on smaller entities. The                      small entities. The Commission                        OMB approval and the relevant effective
                                              present Final Regulatory Flexibility                    considered whether it should adopt                    date.
                                              Analysis (FRFA) conforms to the RFA.                    additional requirements pertaining to
                                              In summary, the R&O adopts the                          publicizing or staffing the required                     34 See attached Final Rules, revising

                                              proposal to eliminate the Commission’s                                                                        §§ 73.3526(c)(1) and 73.3527(c)(1) of our rules to
                                                                                                      telephone number or responding to                     add, ‘‘The applicant, permittee, or licensee must
                                                                                                      time-sensitive or emergency                           provide information regarding the location of the
                                                33 The Commission grandfathered certain main
                                                                                                      information. While some commenters                    file, or the applicable portion of the file, within one
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                                              studios that did not comply with the main studio                                                              business day of a request for such information.’’ In
                                              rule when it implemented the Community
                                                                                                      advocated such alternative approaches,
                                                                                                                                                            addition to those new information collection
                                              Broadcasters Protection Act of 1999 creating the        the Commission concluded that the                     requirements, which we will submit to OMB via a
                                              Class A service. For those Class A stations currently   burdens of any such additional                        non-substantive change request, following adoption
                                              operating at grandfathered main studios that are        requirements are unjustified. Separately,             of this R&O the Commission also will submit to the
                                              outside the locations described in § 73.6000(1)–(2)                                                           Office of Management and Budget (OMB) a notice
                                              of our rules, we will continue to consider
                                                                                                      while the Commission could simply                     of discontinuance to reflect the deletion of the main
                                              programming produced at that previously                 adopt the requirement pertaining to the               studio rule and its associated information collection
                                              grandfathered main studio to be locally produced.       location of the public file, instead it has           requirements.



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                                              57882             Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations

                                                30. It is further ordered that the                    PART 73—RADIO BROADCAST                                  (8) FM commercial stations and FM
                                              Commission shall send a copy of this                    SERVICES                                              noncommercial educational stations
                                              Report and Order in a report to be sent                                                                       may decrease ERP on a modification of
                                              to Congress and the Government                          ■ 4. The authority citation for part 73               license application provided that
                                              Accountability Office pursuant to the                   continues to read as follows:                         exhibits are included to demonstrate
                                              Congressional Review Act, see 5 U.S.C.                    Authority: 47 U.S.C. 154, 303, 309, 310,            that all five of the following
                                              801(a)(1)(A).                                           334, 336, and 339.                                    requirements are met:
                                              List of Subjects                                        ■  5. In § 73.14, revise the definition of            *      *     *      *    *
                                                                                                      ‘‘Equipment performance                                  (d) * * *
                                              47 CFR Part 1                                                                                                    (1) Commencement of remote control
                                                                                                      measurements’’ to read as follows:
                                                Administrative practice and                                                                                 operation pursuant to § 73.1400.
                                                                                                      § 73.14    AM broadcast definitions.                  *      *     *      *    *
                                              procedure, Penalties, Radio, Reporting
                                              and recordkeeping requirements,                         *     *    *    *      *                              ■ 10. In § 73.3526:
                                              Television.                                               Equipment performance                               ■ a. Revise paragraphs (b)(1) and (2);
                                                                                                      measurements. The measurements                        ■ b. In paragraph (b)(3)(i), remove ‘‘the
                                              47 CFR Part 73                                          performed to determine the overall                    station’’ and add in its place ‘‘an
                                                Radio, Reporting and recordkeeping                    performance characteristics of a                      accessible place in the community of
                                              requirements, Television.                               broadcast transmission system from                    license’’; and
                                                                                                      point of program origination to                       ■ c. Revise paragraphs (b)(3)(ii) and (iii),
                                              Federal Communications Commission.                      sampling of signal as radiated. (See                  (c)(1), (c)(2) introductory text, and (e)(4).
                                              Katura Jackson,                                         § 73.1590)                                               The revisions read as follows:
                                              Federal Register Liaison Officer, Office of the         *     *    *    *      *
                                              Secretary.                                                                                                    § 73.3526 Local public inspection file of
                                                                                                      § 73.761    [Amended]                                 commercial stations.
                                              Final Rules
                                                                                                      ■ 6. In § 73.761, remove paragraph (d)                *      *     *     *     *
                                                For the reasons discussed in the                      and redesignate paragraphs (e) through                   (b) * * *
                                              preamble, the Federal Communications                    (g) as paragraphs (d) through (f).                       (1) For radio licensees temporarily
                                              Commission amends 47 CFR parts 1 and                    ■ 7. Revise § 73.1125 to read as follows:
                                                                                                                                                            exempt from the online public file
                                              73 as follows:                                                                                                hosted by the Commission, as discussed
                                                                                                      § 73.1125    Station telephone number.                in paragraph (b)(2) of this section, a
                                              PART 1—PRACTICE AND                                        Each AM, FM, TV, and Class A TV                    hard copy of the public inspection file
                                              PROCEDURE                                               broadcast station shall maintain a local              shall be maintained at an accessible
                                                                                                      telephone number in its community of                  place in the community of license,
                                              ■ 1. The authority citation for part 1                  license or a toll-free number.                        unless the licensee elects voluntarily to
                                              continues to read as follows:                                                                                 place the file online as discussed in
                                                                                                      ■ 8. In § 73.1400, revise paragraph
                                                Authority: 47 U.S.C. 151, 154(i), 154(j),             (a)(1)(ii) to read as follows:                        paragraph (b)(2) of this section. An
                                              155, 157, 160, 201, 225, 227, 303, 309, 310,                                                                  applicant for a new station or change of
                                              332, 1403, 1404, 1451, 1452, and 1455.                  § 73.1400 Transmission system                         community shall maintain its file at an
                                                                                                      monitoring and control.                               accessible place in the proposed
                                              § 1.80   [Amended]
                                                                                                      *      *    *     *    *                              community of license. If as of January 8,
                                              ■ 2. In § 1.80, the table titled ‘‘Violations             (a) * * *                                           2018 a broadcast station maintains a
                                              Unique to the Service’’ is amended by                     (1) * * *                                           hard copy of all or a portion of its public
                                              removing the entry for ‘‘Violation of                     (ii) Remote control of the transmission             inspection file at a main studio that
                                              main studio rule.’’                                     system by a person at a studio or other               either complied with the Commission’s
                                                                                                      location. The remote control system                   main studio rule (47 CFR 73.1125
                                              § 1.1104   [Amended]                                    must provide sufficient transmission                  (2016)) but is not within the station’s
                                              ■  3. In § 1.1104, the table is amended as              system monitoring and control                         community of license, or was deemed a
                                              follows:                                                capability so as to ensure compliance                 permissible location for the station’s
                                              ■ a. Under ‘‘1. Commercial TV
                                                                                                      with § 73.1350.                                       public inspection file pursuant to a
                                              Services,’’ remove the entry for ‘‘c. Main              *      *    *     *    *                              waiver of the main studio rule, and if
                                              Studio Request’’ and redesignate entries                ■ 9. Amend § 73.1690 as follows:
                                                                                                                                                            the station retains that studio, then that
                                              ‘‘d’’ through ‘‘k’’ as entries ‘‘c’’ through            ■ a. Revise paragraph (c)(8) introductory
                                                                                                                                                            studio is a permissible location for the
                                              ‘‘j;’’                                                  text;                                                 station’s hard copy public inspection
                                                                                                      ■ b. Remove paragraph (c)(8)(ii);
                                                                                                                                                            file. Any reference in this section to ‘‘an
                                              ■ b. Under ‘‘2. Commercial AM Radio
                                                                                                      ■ c. Redesignate paragraphs (c)(8)(iii)               accessible place in the community of
                                              Stations,’’ remove the entry for ‘‘c. Main                                                                    license’’ shall be deemed to include
                                              Studio Request (per request)’’ and                      through (vi) as paragraphs (c)(8)(ii)
                                                                                                      through (v);                                          such a studio.
                                              redesignate entries ‘‘d’’ through ‘‘l’’ as                                                                       (2)(i) A television station licensee or
                                              entries ‘‘c’’ through ‘‘k;’’                            ■ d. Remove paragraph (d)(1);
                                                                                                      ■ e. Redesignate paragraphs (d)(2) and                applicant, and any radio station licensee
                                              ■ c. Under ‘‘3. Commercial FM Radio                                                                           or applicant not temporarily exempt as
                                                                                                      (3) as paragraphs (d)(1) and (2); and
                                              Stations,’’ remove the entry for ‘‘c. Main                                                                    described in this paragraph (b)(2)(i),
                                                                                                      ■ f. Revise newly redesignated
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                                              Studio Request (per request)’’ and                                                                            shall place the contents required by
                                                                                                      paragraph (d)(1).
                                              redesignate entries ‘‘d’’ through ‘‘l’’ as                                                                    paragraph (e) of this section of its public
                                                                                                        The revisions read as follows.
                                              entries ‘‘c’’ through ‘‘k;’’ and                                                                              inspection file in the online public file
                                              ■ d. Under ‘‘8. Class A TV Services,’’                  § 73.1690    Modification of transmission             hosted by the Commission, with the
                                              remove the entry for ‘‘g. Main Studio                   systems.                                              exception of the political file as required
                                              Request’’ and redesignate entry ‘‘h’’ as                *       *    *       *       *                        by paragraph (e)(6) of this section, as
                                              entry ‘‘g.’’                                                (c) * * *                                         discussed in paragraph (b)(3) of this


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                                                                Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations                                          57883

                                              section. Any radio station not in the top               discussed in paragraph (b)(1) of this                 shall be fulfilled within a reasonable
                                              50 Nielsen Audio markets, and any                       section’’ refers to maintaining a hard                period of time, which generally should
                                              radio station with fewer than five full-                copy of the public inspection file at the             not exceed 7 days.
                                              time employees, shall continue to retain                main studio of the station as described                  (2) The applicant, permittee, or
                                              the public inspection file at an                        in paragraph (b)(1) prior to January 8,               licensee who maintains its public file
                                              accessible place in the community of                    2018. See 47 CFR 73.3526(b)(1) (2016).                outside its community of license (see
                                              license in the manner discussed in                         (iii) Any radio station not in the top             paragraph (b)(1) of this section) shall:
                                              paragraph (b)(1) of this section until                  50 Nielsen Audio markets, and any                     *      *    *      *      *
                                              March 1, 2018. However, any radio                       radio station with fewer than five full-                 (e) * * *
                                              station that is not required to place its               time employees, shall continue to retain                 (4) Contour maps. A copy of any
                                              public inspection file in the online                    the political file at an accessible place             service contour maps, submitted with
                                              public file hosted by the Commission                    in the community of license in the                    any application tendered for filing with
                                              before March 1, 2018 may choose to do                   manner discussed in paragraph (b)(1) of               the FCC, together with any other
                                              so, instead of retaining the public                     this section until March 1, 2018. For                 information in the application showing
                                              inspection file at an accessible place in               these stations, effective March 1, 2018,              service contours and/or transmitter
                                              the community of license in the manner                  any new political file material shall be              location (State, county, city, street
                                              discussed in paragraph (b)(1) of this                   placed in the online public file hosted               address, or other identifying
                                              section.                                                by the Commission, while the material                 information). These documents shall be
                                                 (ii) A station must provide a link to                already existing in the political file as of          retained for as long as they reflect
                                              the public inspection file hosted on the                March 1, 2018, if not placed in the                   current, accurate information regarding
                                              Commission’s Web site from the home                     online public file hosted by the                      the station.
                                              page of its own Web site, if the station                Commission, shall continue to be
                                              has a Web site, and provide contact                                                                           *      *    *      *      *
                                                                                                      retained at an accessible place in the
                                              information on its Web site for a station                                                                     ■ 11. In § 73.3527, revise paragraphs
                                                                                                      community of license in the manner
                                              representative that can assist any person                                                                     (b)(1) and (2), (c)(1), (c)(2) introductory
                                                                                                      discussed in paragraph (b)(1) of this
                                              with disabilities with issues related to                                                                      text, and (e)(3) to read as follows:
                                                                                                      section until the end of its retention
                                              the content of the public files. A station              period. However, any station that is not              § 73.3527 Local public inspection file of
                                              also is required to include in the online               required to place its political file on the           noncommercial educational stations.
                                              public file the station’s address and                   Commission’s Web site before March 1,
                                              telephone number, and the email                                                                               *      *      *    *     *
                                                                                                      2018, may choose to do so, instead of                    (b) * * *
                                              address of the station’s designated                     retaining the political file at an
                                              contact for questions about the public                                                                           (1) For radio licensees, a hard copy of
                                                                                                      accessible place in the community of                  the public inspection file shall be
                                              file. To the extent this section refers to              license in the manner discussed in
                                              the local public inspection file, it refers                                                                   maintained at an accessible place in the
                                                                                                      paragraph (b)(1) of this section.                     community of license until March 1,
                                              to the public file of an individual
                                              station, which is either maintained at an               *       *    *     *     *                            2018, except that, as discussed in
                                              accessible place in the community of                       (c) * * *                                          paragraph (b)(2)(ii) of this section, any
                                              license or on the Commission’s Web                         (1) For any applicant, permittee, or               radio station may voluntarily place its
                                              site, depending upon where the                          licensee that does not include all                    public inspection file in the online
                                              documents are required to be                            material described in paragraph (e) of                public file hosted by the Commission
                                              maintained under the Commission’s                       this section in the online public file                before March 1, 2018, if it chooses to do
                                              rules.                                                  hosted by the Commission, the portion                 so, instead of retaining the file at an
                                                 (3) * * *                                            of the file that is not included in the               accessible place in the community of
                                                 (ii) Any television station not in the               online public file shall be available for             license. An applicant for a new station
                                              top 50 DMAs, and any station not                        public inspection at any time during                  or change of community shall maintain
                                              affiliated with one of the top four                     regular business hours at an accessible               its file at an accessible place in the
                                              broadcast networks, regardless of the                   place in the community of license. The                proposed community of license. If as of
                                              size of the market it serves, shall                     applicant, permittee, or licensee must                January 8, 2018 a broadcast station
                                              continue to retain the political file at the            provide information regarding the                     maintains a hard copy of all or a portion
                                              station in the manner discussed in                      location of the file, or the applicable               of its public inspection file at a main
                                              paragraph (b)(1) of this section until July             portion of the file, within one business              studio that either complied with the
                                              1, 2014. For these stations, effective July             day of a request for such information.                Commission’s main studio rule (47 CFR
                                              1, 2014, any new political file material                All or part of the file may be maintained             73.1125 (2016)) but is not within the
                                              shall be placed in the online file hosted               in a computer database, as long as a                  station’s community of license, or was
                                              by the Commission, while the material                   computer terminal is made available, at               deemed a permissible location for the
                                              in the political file as of July 1, 2014, if            the location of the file, to members of               station’s public inspection file pursuant
                                              not placed in the Commission’s Web                      the public who wish to review the file.               to a waiver of the main studio rule, and
                                              site, shall continue to be retained at the              Material in the public inspection file                if the station retains that studio, then
                                              station in the manner discussed in                      shall be made available for printing or               that studio is a permissible location for
                                              paragraph (b)(1) of this section until the              machine reproduction upon request                     the station’s hard copy public
                                              end of its retention period. However,                   made in person. The applicant,                        inspection file. Any reference in this
                                              any station that is not required to place               permittee, or licensee may specify the                section to ‘‘an accessible place in the
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                                              its political file in the online file hosted            location for printing or reproduction,                community of license’’ shall be deemed
                                              by the Commission before July 1, 2014                   require the requesting party to pay the               to include such a studio.
                                              may choose to do so, instead of                         reasonable cost thereof, and may require                 (2)(i) A noncommercial educational
                                              retaining the political file at the station             guarantee of payment in advance (e.g.,                television station licensee or applicant
                                              in the manner discussed in paragraph                    by requiring a deposit, obtaining credit              shall place the contents required by
                                              (b)(1) of this section. For purposes of                 card information, or any other                        paragraph (e) of this section of its public
                                              this paragraph (b)(3)(ii), the ‘‘manner                 reasonable method). Requests for copies               inspection file in the online public file


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                                              57884             Federal Register / Vol. 82, No. 235 / Friday, December 8, 2017 / Rules and Regulations

                                              hosted by the Commission, with the                      telephone number, and the email                       current, accurate information regarding
                                              exception of the political file as required             address of the station’s designated                   the station.
                                              by paragraph (e)(5) of this section,                    contact for questions about the public                *     *     *    *     *
                                              which may be retained at the station in                 file. To the extent this section refers to
                                              the manner discussed in paragraph                       the local public inspection file, it refers           ■ 12. In § 73.3538, revise paragraph (b)
                                              (b)(1) of this section until July 1, 2014.              to the public file of an individual                   to read as follows:
                                              Effective July 1, 2014, any new political               station, which is either maintained at an             § 73.3538 Application to make changes in
                                              file material shall be placed in the                    accessible place in the community of                  an existing station.
                                              online public file hosted by the                        license or on the Commission’s Web
                                              Commission, while the material in the                   site, depending upon where the                        *      *    *     *    *
                                              political file as of July 1, 2014, if not               documents are required to be                             (b) An informal application filed in
                                              placed in the Commission’s online                       maintained under the Commission’s                     accordance with § 73.3511 is to be used
                                              public file, shall continue to be retained              rules.                                                to obtain authority to modify or
                                              at the station in the manner discussed                  *      *     *     *     *                            discontinue the obstruction marking or
                                              in paragraph (b)(1) of this section until                                                                     lighting of the antenna supporting
                                              the end of its retention period. However,                  (c) * * *                                          structure where that specified on the
                                              any noncommercial educational station                      (1) For any applicant, permittee, or               station authorization either differs from
                                              that is not required to place its political             licensee that does not include all                    that specified in 47 CFR part 17, or is
                                              file in the online public file hosted by                material described in paragraph (e) of                not appropriate for other reasons.
                                              the Commission before July 1, 2014 may                  this section in the online public file
                                              choose to do so instead of retaining the                hosted by the Commission, the portion                 § 73.3544   [Amended]
                                              political file at the station in the manner             of the file that is not included in the
                                              discussed in paragraph (b)(1) of this                                                                         ■ 13. In § 73.3544, remove paragraph
                                                                                                      online public file shall be available for             (b)(3) and redesignate paragraph (b)(4)
                                              section. For purposes of this paragraph                 public inspection at any time during
                                              (b)(2)(i), the ‘‘manner discussed in                                                                          as paragraph (b)(3).
                                                                                                      regular business hours at an accessible
                                              paragraph (b)(1) of this section’’ refers to            place in the community of license. The                ■ 14. Revise § 73.6000 to read as
                                              maintaining a hard copy of the public                   applicant, permittee, or licensee must                follows:
                                              inspection file at the main studio of the               provide information regarding the
                                              station as described in paragraph (b)(1)                                                                      § 73.6000   Definitions.
                                                                                                      location of the file, or the applicable
                                              prior to January 8, 2018. See 47 CFR                    portion of the file, within one business                For the purpose of this subpart, the
                                              73.3527(b)(1) (2016).                                   day of a request for such information.                following definition applies:
                                                 (ii) Beginning March 1, 2018,                        All or part of the file may be maintained
                                              noncommercial educational radio                                                                                 Locally produced programming is
                                                                                                      in a computer database, as long as a                  programming:
                                              station licensees and applicants shall                  computer terminal is made available, at
                                              place the contents required by                          the location of the file, to members of                 (1) Produced within the predicted
                                              paragraph (e) of this section in the                    the public who wish to review the file.               Grade B contour of the station
                                              online public inspection file hosted by                 Material in the public inspection file                broadcasting the program or within the
                                              the Commission. For these stations,                     shall be made available for printing or               contiguous predicted Grade B contours
                                              effective March 1, 2018, any new                        machine reproduction upon request                     of any of the stations in a commonly
                                              political file material shall be placed in              made in person. The applicant,                        owned group; or
                                              the Commission’s online public file,                    permittee, or licensee may specify the                  (2) Produced within the predicted
                                              while the material in the political file as             location for printing or reproduction,                DTV noise-limited contour (see
                                              of March 1, 2018, if not placed in the                  require the requesting party to pay the               § 73.622(e)) of a digital Class A station
                                              Commission’s online public file, shall
                                                                                                      reasonable cost thereof, and may require              broadcasting the program or within the
                                              continue to be retained at an accessible
                                                                                                      guarantee of payment in advance (e.g.,                contiguous predicted DTV noise-limited
                                              place in the community of license in the
                                                                                                      by requiring a deposit, obtaining credit              contours of any of the digital Class A
                                              manner discussed in paragraph (b)(1) of
                                                                                                      card information, or any other                        stations in a commonly owned group.
                                              this section until the end of its retention
                                                                                                      reasonable method). Requests for copies                 Note to § 73.6000: See Report and Order,
                                              period. However, any radio station that
                                                                                                      shall be fulfilled within a reasonable                In the Matter of Establishment of a Class A
                                              is not required to place its public
                                                                                                      period of time, which generally should                Television Service, MM Docket No. 00–10,
                                              inspection file in the online public file
                                                                                                      not exceed 7 days.                                    released April 4, 2000; Memorandum
                                              hosted by the Commission before March
                                              1, 2018, may choose to do so, instead of                   (2) The applicant, permittee, or                   Opinion and Order on Reconsideration, In
                                              retaining the public inspection file at an              licensee who maintains its public file                the Matter of Establishment of a Class A
                                              accessible place in the community of                    outside its community of license (see                 Television Service, MM Docket No. 00–10,
                                              license in the manner discussed in                      paragraph (b)(1) of this section) shall:              released April 13, 2001; Report and Order, In
                                              paragraph (b)(1) of this section.?≤                                                                           the Matter of Elimination of Main Studio
                                                                                                      *      *     *     *     *                            Rule, MB Docket No. 17–106, released
                                                 (iii) A station must provide a link to
                                              the online public inspection file hosted                   (e) * * *                                          October 24, 2017.
                                              by the Commission from the home page                       (3) Contour maps. A copy of any
                                              of its own Web site, if the station has a               service contour maps, submitted with                  Alphabetical Index—[Amended]
                                              Web site, and provide contact                           any application tendered for filing with
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                                              information for a station representative                the FCC, together with any other                      ■  15. In the alphabetical index for part
                                              on its Web site that can assist any                     information in the application showing                73, remove the entries for ‘‘Location,
                                              person with disabilities with issues                    service contours and/or transmitter                   Main studio,’’ ‘‘Main studio location,’’
                                              related to the content of the public files.             location (State, county, city, street                 ‘‘Station, main studio location,’’ and
                                              A station also is required to include in                address, or other identifying                         ‘‘Studio location, Main.’’
                                              the online public file hosted by the                    information). These documents shall be                [FR Doc. 2017–24982 Filed 12–7–17; 8:45 am]
                                              Commission the station’s address and                    retained for as long as they reflect                  BILLING CODE 6712–01–P




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Document Created: 2017-12-08 01:43:21
Document Modified: 2017-12-08 01:43:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective January 8, 2018, except for Sec. Sec. 73.3526(c)(1) and 73.3527(c)(1), which contain new or modified information collection requirements, and which shall become effective after the Commission publishes a document in the Federal Register announcing OMB approval and the relevant effective date.
ContactFor additional information on this proceeding, contact Diana Sokolow, [email protected], of the Policy Division, Media Bureau, (202) 418-2120.
FR Citation82 FR 57876 
CFR Citation47 CFR 1
47 CFR 73
CFR AssociatedAdministrative Practice and Procedure; Penalties; Radio; Reporting and Recordkeeping Requirements and Television

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