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Before the
FEDERAL COMMUNICATIONS COMMISSION MM z
Washington, DC 20554 TCC 84-549-
35123
In the Matter of )
)
Amendment of Part 73 ) MM Docket No. 84-110
concerning remote control ) RM-3046
operation of AM, FM, and TV >
broadcast transmitters. )
REPORT AND ORDER
Proceeding Terminated
Adopted: November 19, 1984 Released: November 21, 1984
Introduction
l. This proceeding was initiated by a Notice of Proposed Rule
Making adopted February 3, 1984, and published in the Federal Register at 49
F.R. 3221. The Notice was in response to a petition filed by George E.
Molnar, Jr., supported by eight other parties of interest, seeking amendments
that would modify the procedures under which AM, FM, and TV broadcast stations
operate their transmitting systems by remote control.
Comments
2. The Notice proposed and invited comments on rule amendments which, if
adopted, would make substantive changes in both the equipment requirements and
operating procedures applicable to broadcast remote control operation. Eleven
formal and two informal comments were filed. One reply comment was filed. A
list of the parties filing pleadings is contained in Appendix A. All parties
except Mr. Alvin C. Saltzman favored the deregulatory objective of the
proposed rule amendments, Many, however, objected to one or more of the
specific provisions of the proposed rules.
3. Nearly all respondents stated that the primary difficulty with remote
control operation under the present rules is the fail-safe requirement,
Currently, remote control operation of the transmitter must immediately cease
if the control circuit is interrupted. Stations apparently experience
occasional loss of service due to short term disruptions in control circuits.
4, While many comments were made suggesting adjustments or
clarifications of certain specific provisions in the proposed rules, two
significant new issues were raised in the comments. The National Association
of Broadcasters (NAB) stated that the current remote control rules are
unnecessarily complex and suggested that revised rules need only contain two
regulatory provisions: 1) permit the ùe of remote control for broadcast
facilities, and 2) restrict required control functions to those mandated by
law, national security, or public safety. The Association of Federal
Communications Consulting Engineers (AFCCE) suggested that termination of
operation is not necessary if an AM station fails to switch operating modes
and does not cause interference. A nondirectional station that operates at
its authorized reduced nighttime power during daytime hours is an example of
this type of situation.
Discussion
5. The present remote control rules were derived from the transmitter
duty operator rules which are, in turn, based upon Section 318 of the
Communications Act of 1934, as amended. That statute requires that all
broadcast stations be operated under the control of a licensed operator. The
Act does not specify the duty location of the operator nor the necessary
degree of control of either the transmitter or other station technical
functions. However, the Commission's rules now require a licensed operator to
be on duty at the transmitter site or at a control point shown on the station
license. Also, each remote control point used must: 1) have equipment
permitting the operator to determine the station's operating power and other
transmitter conditions, 2) permit certain adjustments, 3) be inaccessible to
unauthorized persons, and 4) not permit the transmitter to turn on
inadvertently without operator supervision. The existing rules also require
stations to have an operator in attendance at the actual transmitter site
whenever the control or metering circuits between the transmitter and remote
control location are disrupted or do not function correctly.
6. The present rules were written at a time when the available broadcast
technology required that the duty operator make frequent observations and
transmitter adjustments. Also, the Commission considered it essential to be
able to immediately contact the duty operator during all hours of operation.
Revision of the remote control rules must address the current validity of
these concepts.
7. The Commission shares the concern of the licensees in that short-term
losses of control or telemetry should not be cause for immediate termination
of operation. Accordingly, the new rules will permit continued operation
following a loss of transmitter control, pending repair of the control
circuits, as long as the station continues to operate properly. Loss of
telemetry, on the other hand, means that the transmitter parameters cannot be
monitored remotely. Therefore, the amended rules will require termination of
use of remote control within three hours after detection of the telemetry
failure. Although CBS recommended six hours, the majority of the commenters
on this subject concurred with the proposed three hour period.
8. The considerable variation in the several classes of broadcast
stations leads to difficulty in writing technical rules that would be
practical for every licensee. Indeed, a review of the comments clearly
indicates that the simplest approach is the best in the interest of both
broadcasters and the public. Remote control technology has far outstripped
the simplistic “on-off, raise-lower, read meter” concept upon which the
original remote control rules were based, and the rules should reflect those
advances, as well as permit use of future developments.
Conclusions
9. The Communications Act requires that a licensed operator have F
supervisory control over the station's transmitter during all periods of
operation. However, that operator need only be able to terminate the
station's operation should it be the source of harmful interference or be
operating inconsistently with law or treaty. Meters, alarms or automatic
controls could be used to facilitate this supervisory control. Therefore, the
amended rules are devoid of "how to" or methodology provisions. Rather, the
rules place responsibility on each licensee to assure compliance with the
station authorization. The existing rules already provide tolerances for
those operating parameters considered necessary for correct broadcast station
operation.
10. The Commission continues to believe that it must be able to contact
stations during operation. Therefore, the use of remote control at sites -
other than at the main studio or transmitter address must be identified to the
Commission if the station cannot be contacted during operation at either the
studio or transmitter locations.
ll. We agree with AFCCE's comments that a station need not terminate
operation in cases where an inability to change operating modes will not cause
impermissible interference. The amended rules will permit continued operation
in a mode having lesser radiation at all bearings and elevations than that
authorized following a temporary failure in mode switching functions.
12. The Commission has consistently held in previous proceedings that
licensees should have flexibility in operating their stations. 1/
Consequently, we have chosen an approach that meets the basic requirements of
the Communications Act while allowing licensees maximum flexibility in meeting
those requirements. In general, licensees may operate their stations by
remote control using any method that assures that: 1) an operator is on duty,
2) the transmitting system operates properly, and 3) the Commission can
contact station personnel during hours of operation.
13. Accordingly, IT IS ORDERED That Part 73 of the Commission's rules IS
AMENDED as set forth in the attached Appendix B effective December 1, 1984.
14, It is FURTHER ORDERED That the Secretary shall cause a copy of this
Report and Order to be furnished to the Small Business Administration.
15. It is FURTHER ORDERED That this proceeding is TERMINATED.
16. Regulatory Flexibility Analysis.
I. Need and purpose of the rule.
The amended rules remove separate and diverse rules for AM, FM, educational
1/ Refer to the deregulation of the licensing requirements for radio
operators, (See Report and Order in Docket 20817 at 46 F.R. 35450) and
deletion of the technical log keeping requirements (See Report and Order in |
Docket 82-536, at 48 F.R. 28457).
The amended rules remove separate and diverse rules for AM, FM, educational
FM, and TV broadcast stations, and replace the removed rules with a common
rule applicable to all classes of broadcast stations. Licensees will have
complete freedom to choose remote control equipment that meets their
individual needs.
II. Legal basis.
The Rule amendments made by this Report and Order are authorized
under Sections 303(£) and 303(r) of the Communications Act of 1934, as
amended, in order that stations operate in a manner consistent with the terms
of their authorizations and without causing harmful interference to other
radio communications services.
III. Description, potential impact, and number of small entities
affected.
This action would simplify the technical equipment and operating
requirements for all AM, FM, and TV broadcast stations that operate their
transmitting facilities by remote control. Nearly 6,000 stations will be
affected. Further, approximately twenty mamfacturers of broadcast
transmitting equipment will be able to market remote control devices using
advanced technology that the present rules constrain or prohibit.
IV. Recording, record keeping, and other compliance requirements.
The amended rules impose no record keeping requirements, nor do they
require any additional application or notification procedures.
V. Federal rules which overlap, duplicate, or conflict with this
tule.
None.
VI. Significant alternatives not adopted.
The rules hereby amended incorporate all significant suggestions
submitted in response to the Notice of Proposed Rule Making and resolve all
issues of concern.
FEDERAL COMMUNICATIONS COMMISSION
William J. Tricarico
Secretary
Attachments: Listing parties filing comments
Amended rules
APPENDIX A
Commenters:
Association of Federal Communications Consulting Engineers
Broadcast Licensees
CBS. Inc.
John Davis, Broadcast Consulting Engineer
National Association of Broadcasters
National Radio Broadcasters Association
Nebraska Educational Television System
Jim Paffenbarger, Station WUOM
Practical Engineering
Alvin C. Saltzman
Sterling Recreation Organization Co.
Arthur Vrooman, Stations WJAC-AM-FM-TV
Edward Y. Wright, Station WRVO
Reply commenters:
National Association of Broadcasters
APPENDIX B
The following amendments are made to Title 47, Part 73 of the Code of
Federal Regulations:
l. 47 CFR 73.66 is zenóved in its entirety.
2. 47 CFR 73.67 is removed in its entirety.
3. 47 CFR 73.274 is removed in its entirety.
4. 47 CFR 73.275 is removed in its entirety.
5. 47 CFR 73.574 is removed in its entirety.
6. 47 CFR 73.575 is removed in its entirety.
7. 47 CFR 73.676 is removed in its entirety.
8. 47 CFR 73.677 is removed in its entirety,
9. 47 CFR 73.3548 is removed in its entirety.
10. In 47 CFR, new Section 73.1400 is added to read as follows:
§73.1400 Remote control authorizations.
(a) An AM, FM, or TV station transmission system may be operated by
remote control using the procedures described in §73.1410.
(b) No authorization from the FCC is required to operate the
transmission system of an AM station operating with a nondirectional antenna,
FM station, or TV station by remote control. Authority to operate an AM
station using a directional antenna system by remote control is obtained using
the following procedures:
(1) An application for a construction permit to erect a new
directional antenna or make modifications in an existing directional antenna,
subject to the sampling system requirements of §73.68, may request remote
control authorization on the permit application FCC Form 301 (FCC Form 340 for
noncommerical educational stations).
(2) A licensee or permittee having a sampling system in compliance
with the provisions of §73.68(a) must request remote control authorization on
FCC Form 301-A, and submit information showing that the directional antenna
sampling system has been constructed according to the specifications of
§73.68(a).
(3) A licensee or permittee of a station not having an approved
directional sampling system in compliance with the provisions of §73.68(a)
must request remote control authorization on FCC Form 301-A, and submit
information showing that the directional antenna is in proper adjustment and
further showing the stability of the antenna system during the l-year period
specified in Section II of Form 301-A.
(c) Whenever a remote control point is established at a location other
than at the main studio or transmitter, notification of that remote location
must be sent to the FCC in Washington, D.C., within 3 days of initial use of
that point. This notification is not required if responsible station
personnel may be contacted at the transmitter or studio site during hours of
operation when the remote control operator is elsewhere.
ll. In 47 CFR, new Section 73.1410 is added to read as follows:
§73.1410 Remote control operation.
(a) Broadcast stations operated by remote control must provide at remote
control points sufficient control and operating parameter monitoring
capability to allow technical operation in compliance with the Rules
applicable to that station and the terms of the station authorization. AM
stations that are required to change modes of operation during the broadcast
day must provide sufficient redundency to assure that such mode changes
actually occur.
(b) The remote control system must be designed, installed, and protected
so that the transmitter can be activated or controlled only by licensed
transmitter operators authorized by the licensee.
(c) The remote control and monitoring equipment must be calibrated and
tested as often as necessary to ensure proper operation.
(d) The remote control system must be designed so that malfunctions in
the circuits between the control point and transmitter will not cause the
transmitter to be inadvertently activated or to change operating modes or
output power.
(e) Whenever a malfunction causes loss of accurate indications of the
transmitter operating parameters, use of remote control must be discontinued
within 3 hours after the malfunction is first detected. If the station is
found to be operating beyond the terms of the station authorization and such
malfunction cannot be corrected by remote control, station operation must be
immediately terminated.
(f) AM stations may use amplitude or phase modulation of the carrier
wave for remote control telemetry and alarm purposes. FM stations may use
aural subcarriers and TV stations may use either aural subcarriers or signals
within the vertical blanking interval for telemetry and alarm purposes. Tse Āu
of such remote control signals mist be in accordance with the technical
standards for the particular class of station,
12. 47 CFR 73.51 is amended by changing the reference to rule °73.57" in
subparagraph (d)(5) to read "73.1410."
13. 47 CFR 73.68 is amended by removing subparagraph (b)(4) and redesignating
subparagraph (b)(5) as (b) (4).
14., 47 CFR 73.1225 is amended by removing sub-subparagraph (c)(1)(iv)(A) and
redesignating sub-subparagraphs (B) through (D) as (A) through (C).
15. 47 CFR 73.1560 is amended by revising the headnote, redesignating
existing paragraph (a) as subparagraph (a)(1), and adding new subparagraph.
(a)(2) to read as follows:
§ 73.1560 Operating power and mode tolerances.
(a) AM stations.
(1) ***
(2) Whenever the transmitter of an AM station cannot be placed into
the specified operating mode at the time required, transmissions of the
station must be immediately terminated., However, if the radiated field at any
bearing or elevation does not exceed that permitted for that time of day,
operation in the mode with the lesser radiated field may continue under the
notification procedures of paragraph (d) of this section.
* * * * *
16. 74 CFR 73.1570 is amended by removing the words "§73.67(b) or" from
subparagraph (b)(1) (ii).
17. 74 CFR 1690 is amended by revising the words "See §73.3548" in
subparagraph (d)(2) to read “See §73.1400.”
18. The alphabetical index to 47 CFR Part 73 is amended removing all
references to rule sections numbered 73.66, 73.67, 73.274, 73.275, 73.574,
73.575, 73.676, 73.677, and 73.3548; and the following listings are added in
alphabetical sequence:
Authorization, Remote controlecesesececcccseee73e1400
Mode tolerances, Operating power andssessoaee.73.1560
Operating power and mode tOleranCe8...e.sesses..73.1560
Power and mode tolerances, Operatings.s.ecceses73e1560
Remote control authorization.sccccecsccececess73e1400
Remote control Operatlons ccesccccvccccsecescee? 301410