Document text
988 Federal Communications Commission Reports
Educational, Noncommercial FM Station, Frequencies
Sec. 1.573 amended by adding note 3, which imposes a freeze on
10-watt (Class D) noncommercial educational FM broadeast sta-
tions. See also FCC 78-385, Further Notice of Proposed Rulemak-
ing eA changes in noncommercial educational FM b/c stations. (DO
F.C.C. 78-386
BEFORE THE
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
In the Matter of |
CHANGES IN THE RULES RELATING TO Docket No. 20735
NONCOMMERCIAL EDUCATIONAL FM RM-1974
BROADCAST STATIONS RM-2655
FIRST REPORT AND ORDER
(Adopted: June 7, 1978; Released: June 12, 1978)
BY THE COMMISSION:
1. As discussed at length in the Notice of Proposed Rulemaking in
this proceeding, the Commission has under consideration a large num-
ber of issues relating to improving the efficiency of the use of the FM
channels reserved for noncommercial educational purposes. '
2. Among the main issues the Commission is exploring is the treat-
ment to be given to Class D (10-watt) stations. It has been argued that
such low power operations represent a highly inefficient use of the
limited spectrum space available for educational FM. The Commission
agreed that this was an area of concern and it proposed steps to
respond to any problems in this area.
3. At the time the Notice was issued, we stated “We do not believe
that a ‘freeze’ on 10-watt operations is required or that action on
pending applications would have to be withheld.” However, we also
added “if we learn otherwise, we are prepared to take either step
promptly.” ? It has become clear that a “freeze” is required. In a Sec-
ond Report and Order we have adopted a series of rule changes affect-
ing 10-watt stations. In essence, we are requiring them to change
channel wherever possible. They would move to a commercial channel
if possible, if not to newly created FM Channel 200 or if not to the best
educational channel. Through this process, which is to begin in 1980, we
hope to bring significant improvements in efficiency of channel use. If
this process is to be administered in a fair and orderly manner, we
1In the 48 contiguous states, FM Channels 201-220 are set aside for noncommercial educational
uae.
2Tn our view this statement provides adequate notice that a rule embodying a “freeze” might be
adopted. Moreover, as concluded by the Commiseion in like situations, since such a “freeze” is a
matter of Commission practice and procedure, prior notice is not required before such a rule could
be adopted. See 5 U.S.C. § 553(b)(3)(A). See also, e.g, AM Freeze, 44 F.C.C. 2927 (1962).
68 F.C.C. 2d
Noncommercial Educational FM Bie Stations 989
cannot accept further applications of this sort.* Accepting new applica-
tions could only disrupt the process and adversely affect the rights of
existing stations.
4. Accordingly, we shall amend the applicable processing rule (Sec-
tion 1.573) to impose a “freeze” to take effect upon its publication in
the Federal Register. No application tendered after that date will be
accepted for filing. Ordinarily, a rule change such as this would not
become effective until 30 days from its publication in the Federal
Register. However, rather than wait this long, we believe it is neces-
sary to make it effective earlier to avoid the danger that there other-
wise would be a large flow of applications occasioned solely by a
“freeze”. *
5. Because the “freeze” will take effect without delay, we believe we
can process all applications now on file and those to be filed before the
“freeze” takes effect under the present rules. Then, as with other
existing stations, they will be required to propose a change in channel
in connection with their application for renewal of license.
6. Accordingly, IT IS ORDERED, effective, 1978, That Section
1.573 of the Commission’s Rules IS AMENDED by adding Note 3
which reads as follows:
Section 1.573 Processing of FM and noncommercial educational FM applications.
NOTE 3: Processing of applications for new low power educational FM stations.
Pending the Commission's restudy of the impact of the rule changes pertaining to
the allocations of 10-watt and other low power educational FM stations applications
for such new stations or major changes in existing ones will be considered as set
forth below, notwithstanding any provision of this chapter to the contrary, and will
be accepted for filing only if they specify facilities of at least 100 watts effective
radiated power.
7. Authority for this action is found in Sections 4(i), 303(g) and (r)
and 309(g) of the Communications Act of 1934, as amended.
FEDERAL COMMUNICATIONS COMMISSION,
WILLIAM J. TRICARICO, Secretary.
3We believe it is necessary to include within the “freeze” all applications not specifying at least
minimum Class A facilities, that is an effective radiated power of at least 100 watts. Even though not
all of the affected applications are. Class D proposals, we believe that all such applications raise a
question of efficiency and thus, need to be included in the “freeze”.
4We believe that these facts provide good cause within the terms of 5 U.S.C. § 553(d)(3) for
ordering such an early effective date.
NOTE: Rules changes herein will be covered by T.S. 1(77)-3.
68 F.C.C. 2d