Before the
Federal Communications Commission
Washington, D. C. 20554
In the Matter of
5815
Oversight of the Broadcast
Rules in Regard to
Temporary and Emergency
Operat ion
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o R D E R
Adopt ed:. July.. ll,· 1985 .
By the Chief, Mass Media Bureau
Released: July 18, 1985·
1. This Order is part of our continuing effort to review and update
our broadcast rules. In this Order, we are focusing on the rules pertaining
to Special Temporary Authorizations (STA's) and emergency authorizations.
We are, in some cases, eliminating the requirement that prior authority be
obtained for certain categories of STA's. In other cases, we are adding
clarifying language and cross-references to related or pertinent rules.
Directional Antenna System Tolerances
2. Section 73.62 of the Rules provides that an AM station utilizing a
directional antenna may operate with the antenna base currents) monitor
currents) and relative antenna phase currents at variance from the
tolerances specified in this section for a maximum of 10 consecutive days,
without authority from the FCC, during periods of inclement weather or
severe climatic conditions. If normal operation is not resumed within the
10-day period, special temporary authority (STA) to operate with parameters
at variance from these tolerances must be requested from the FCC. We are
adding language to this rule to cross-reference such a request to Section
73.1635 of the Rules - the rule which outlines the procedures for obtaining
an STA. Moreover, we are also adding language to clearly state that in
situations where the variance is not necessitated by inclement weather or
severe c limatic cond itions, an STA must first be obtained in accordance with
Section 73.1635 of the Rules.
Antenna Testing During Daytime
3. Section 73.157 of the Rules allows the licensee of an AM station
using a directional antenna during nighttime hours to request a special
antenna test authorizat ion to operate with the nighttime facilities during
the dayt ime when taking monitoring point field strength measurements or when
conducting an antenna proof of performance. Because it is often desirable
to conduct a nondirectional proof of performance contemporaneously with a
directional proof of performance, we believe the scope of this rule should be
expanded to allow a station which uses directional facilities during daytime to
also operate in a nondirectional mode during daytime hours in order to conduct
a nondirect iona 1 proof of performance. The revised rule will specify that the
operating power for such nondirectional operation shall be adjusted to the
same power as was utilized for the most recent nondirectional proof of
performance covering the licensed facilities.
In add it ion, we be lieve that no significant regulatory purpose is served by
requiring a licensee to specifically request authority for such routine
antenna measurements. Therefore, we are eliminating the requirement that
the licensee of an AM station seek specific authority to conduct either a
directional or nondirectional proof of performance during daytime hours.
Under the revised rule, such operation may be undertaken without fUrther FCC
authority, subject to the conditions and guidelines set forth in the revised
rule.
Because we are eliminating the need for a special antenna test authorization
in these circumstances, the rule is being retitled "Antenna Testing During
Daytime" •
Broadcasting Emergency Information
4. Section 73.1250 of the Rules provides for the broadcasting of
emergency information during certain situations such as severe weather,
widespread power failures, industrial explosions, civil disorders, school
closings or act ivatio.n of the Emergency Broadcast System. Stations may
broadcast this information without fUrther authority from the FCC so long as
the particular requirements regarding such operation and follow-up reports
to the FCC specified in this section are followed. We are adding a specific
cross-reference to Section 73.3542 of the Rules which pertains to
emergencies not within the ambit of Section 73.1250 for which prior
emergency operat ion authority must be obtained.
Equipment Tests
5. Section 73.1610 of the Rules allows a permittee to conduct
equipment tests during the construction of new broadcast facilities upon
notification to the FCC. Under the present rule, permittees of new FM and
TV facilities may conduct such tests at any time during the day or night.
Permittees of new AM facilities, however, must conduct such tests during the
experimental period, midnight to local sunrise. If the AM permittee desires
to conduct equipment tests during other periods (e.g. during daytime hours),
specific authority must first be requested and obtained from the FCC. In
practice, virtually all affected AM permittees request and are routinely
granted authority to conduct equipment tests during daytime hours because of
the difficulty in performing such tests during the experimental period when
skywave interference is present.
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Because such requests are freely granted and because equipment tests are
routinely required of AM permittees, we believe that no significant
regulatory purpose is served by requiring AM permittees to request specific
authority to conduct such tests. Therefore, we are eliminating the
requirement that the permittee of a new AM facility must request authority
to conduct equipment tests during daytime hours. Under the revised rule,
the permittee of a~AM station may, after notifying the FCC in
Washington, D. C., and without further authority, conduct required equipment
tests during daytime hours provided, however, that the antenna system is
first substantially tuned during the experimental period.
Operation During Modification of Facilities
6. Section 73.1615 of the Rules concerns the operation of a licensed
station while it is undergoing modification of existing facilities. Under
the present rule, licensees of all FM, TV and nondirectional AM stations
holding a construction permit for modification of existing facilities may
operate with temporary facilities, upon notification to the FCC, for 30 days
without specific FCC authority •. Only those licensees of AM stations holding
a construction permit which involves directional facilities are presently
exc luded from taking advantage of this convenience and must request and
obtain specific authority befgre using temporary facilities.
Upon careful examination, we have concluded that such an exclusion is, in
most cases, no longer necessary and serves no regulatory purpose. Our
concern in the past has been that the complexity of constructing and testing
an AM directional array is such that an AM licensee might, inadvertently,
undertake modes of operation which are inappropriate and could result in
harmful interference to other stations. This concern was based on the fact
that the present rules provide no guidance as to what modes of temporary
operation are permissible. We believe that simply spelling out the
permissible modes of operation in the rule itself will suffice to obviate this
concern. Genera lly, these modes of operat ion inClude operat ing
nondirectionally and/or with the authorized construction permit pattern(s)
to continue service while the modified facilities are under construction or
while taking required proof of performance measurements.
The scope of the revised rule, therefore, will be expanded to give most AM
licensees holding a construction permit for directional facilities a similar
degree of flexibility as is presently enjoyed by FM, TV and nondirectional
AM licensees. In particular, the revised rule will allow the licensee of an
AM station holding a construction permit which involves directional
facilities and which does not involve a change in operating frequency to
utilize the temporary facilities and modes of operation specified in the
revised rule, upon notification to the FCC in WaShington, D. C., and without
specific FCC authority, for a period of 30 days in order to continue service
and to facilitate taking required proof of performance measurements. Any
extension of this authority -.nust be requested in writing. We are not
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extending the revised rule to cover the particular situation which
involves a change in operating frequency because our experience has shown that
the various modes and sequences of temporary operation often must be
tailored to suit each specific situation. Therefore, AM licensees holding a
construction permit which involves directional facilities and a change in
operating frequency must, as under the present rule, continue to request and
obtain a special temporary authority (STA) before using any temporary
facilities or modes of operation.
Spec ia1 Temporary Authorizat ions (STA)
7. Section 73.1635 of the Rules defines a Special Temporary Authority
(STA) and provides cross-references to other rules which permit temporary
operation without prior authorization. The procedures for obtaining an STA
are specified in Section 73.3542(a) of the Rules. We believe that the basic
definit ions and requirements pertaining to STA's should be consolidated in
one rule. Accordingly, we are deleting paragraph (a) from Section 73.3542
as revised herein, and are transferring it, in substance, to section
73.1635. We are a lso including additional cross-references to other
relevant rules (e.g. §73.62 Directional Antenna System Tolerances; §73.l57
Antenna Testing During Daytime; §73.l250 Broadcasting Emergency Information;
§73.l560 Operating Power Tolerance; and §73.l680 Emergency Antennas.)
Emergency Antennas
8. Section 73.1680 of the Rules addresses the use of emergency
antennas in situations where the main and auxiliary antennas are damaged and
cannot be used. In effect J this rule permits a licensees to use an emergency
antenna to restore program service for 24 hours before requesting authority
from the FCC for any period beyond the initial 24 hours. In regard to AM
Stations, subsection (b)(l) provides that an AM licensee may use a
horizont a 1 or vert ica1 wire or a nondirect ional element of a direct ional
antenna as an emergency antenna. We feel that clarifying language is
necessary to prevent the possible abuse of an emergency nondirectional
antenna. Accordingly, the revised rule will clearly state that the licensee
must reduce operating power to 25% or less of the nominal licensed power,
or, a lt ernat ive ly, a higher power, but not exceeding licensed power, while
insuring that the radiated field strength does not exceed that authorized at
any given azimuth or null in the licensed pattern. This latter provision
should mitigate the potential for objectionable interference resulting from
the use of such an emergency antenna. In any event, the licensee must
request authority from the FCC to continue use of an emergency antenna
beyond the init ia 1 24 hour per iod specified in this sect ion.
Application for Emergency Authorization
9. Sect ion 73.3542 is current ly titled "Application for temporary or
emergency authorization." Paragraph (a) refers to the basic requirements
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for obtaining an STA. In essence, the, provlslOns of paragraph (a) are being
transferred to section 73.1635, Special Temporary Authorizations (STA), as
revised herein. As a result we are deleting paragraph (a) from this section
as unnecessary. Therefore, Section 73.3542 is being limited to what is now
contained in subsection (b) which sets forth informal application procedures
for certain specific emergency conditions. Finally, the revised rule will
make cross-references to Section 73.1250, Broadcasting Emergency
Information, for situations in which emergency operation may be conducted
without prior authority, and Section 73.1635, Special Temporary Authorization
(STA), for temporary authorizations necessitated by circumstances not within
the ambit of this section.
10. No substantive changes are made herein which impose additional
burdens or remove proviaions relied upon by licensees or the public. We
conclude, for the reasons set forth above, that these revisions will serve
the public interest.
11. These amendments are implemented by authority delegated by the
Commis s ion to the Chief, Mass Media Bureau. Inasmuch as these amendments
impose no additional burdens and raise no issue upon which comments would
serve any useful purpose, prior notice of rulemaking, effective date
provisions and public procedure thereon are unnecessary pursuant to the
Administrative Procedure and Judicial Review Act. See 5 U.S.C.
553(b)(3)(B).
12. Since a genera1 not ice of proposed rule making is not required, the
Regulatory Flexibility Act does not apply.
13. Therefore, IT IS ORDERED, That pursuant to Sections 4(0, 5(c)(l)
and 303(r) of the Communications Act of 1934, as amended, and Sections 0.61
and 0.283 of the Commission's Rules, Part 73 of the Rules IS AMENDED as set
forth in the attached Appendix, effective on the date of publication in the
Federal Register.
14. For further information on this Order, contact Gary Thayer (202)
632-7010.
FEDERAL COMMUNICATIONS COMMISSION
~1~e:-McL
James C. McKinney _ \
Chief, Mass Media Bureau
Attachment: Appendix
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APPENDIX
1. The authority citation for Part 73 continues to read as follows: 47
U.S.C. 154 and 303.
2. 47 CFR 73.62 is revised in its entirety to read as follows:
§73.62 Directional antenna system tolerances.
(a) Each AM station operating a directional antenna must maintain the
indicated relative amplitudes of the antenna base currents and antenna
monitor currents within 5% of the values specified on the instrument of
authorizat ion, unless other tolerances are specified therein. Directional
antenna relative phase currents must be maintained to within .:!:.3° of the
values specified on the instrument of authorization, unless other
tolerances are specified therein.
(b) When periods of inclement weather or severe climatic conditions
make it impossible to maintain the operating parameters within the
tolerances specified in paragraph (a), a licensee may operate with
parameters at variance from such tolerances for a period up to 10
consecutive days, providing the monitoring point values specified in the
station authorization are maintained within authorized limits. If, at the
end of this 10 day period, normal operation is not restored, the licensee
must request from the FCC in Washington, D. C., special temporary authority
(STA) to cont inue operation of the station at variance from the provisions
of this section. Any request for such authority shall be made in accordance
with §73.l635 of the Rules, Special Temporary Authorizations (STA), except
that the prior notice requirement of §73.l635(a)(l) is waived. Instead,
such a request shall be made immediately at the end of the 10 day period of
operat ion allowed by this paragraph.
(c) All other requests for authority to operate with parameters at
variance not necessitated by inclement weather or severe climatic conditions
must be made in accordance with §73.l635 of the Rules.
3. 47 CFR 73.157 is revised in its entirety to read as follows:
§73.l57 Antenna testing during daytime.
(a) The licensee of a station using a directional antenna during daytime
or nighttime hours may, without further authority, operate during daytime
hours with the licensed nighttime directional facilities or with a
nondirectional antenna when conducting monitoring point field strength
measurements or antenna proof of performance measurements.
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(b) Operation pursuant to this section is subject to the following
condit ions:
(1) No harmful interference will be caused to any other station.
(2) The FCC may notify the licensee to modify or cease such operation to
resolve interference complaints or when such action may appear to be in the
pub lie int erest, convenience and necess ity.
(3) Such operat ion sha 11 be undertaken only for the purpose of taking
monitoring point field strength measurements or antenna proof of performance
measurements, and shall be restricted to the minimum time required to
accomplish the measurements.
(4) Operating power in the nondirectional mode shall be adjusted to the
same power as was utilized for the most recent nondirectional proof of
performance covering the licensed facilities.
4. 47 CFR 73.1250 is amended by revising paragraph (a) to read as
follows:
§73.1250 Broadcastingemergen~yinformation.
(a) Emergency situations in which the broadcasting of information is
considered as furthering the safety of life and property include, but are
not limited to the following: Tornadoes, hurricanes, floods, tidal waves,
earthquakes, ic ing conditions, heavy snows, widespread fires, discharge of
toxic gasses, widespread power failures, industrial explosions, civil
disorders and school closing and changes in school bus schedules resulting
from such condit ions. See also §73.3542, Applicat ion for Emergency
Authorization, for requirements involving emergency situations not covered
by this section for which prior operating authority must be requested.
* * * * *
5. 47 CFR 73.1610 is amended by revising paragraphs (a) and (b) to read as
follows:
§73.1610 Equipment tests.
(a) During the process of construction of a new broadcast station, the
permittee, after notifying the FCC in Washington, D. C. may, without further
authority from the FCC, conduct equipment tests for the purpose of making
such adjustments and measurements as may be necessary to assure compliance
with the terms of the construction permit, the technical provisions of the
appliction therefor, the rules and regulations and the applicable
engineering standards. For AM stations, equipment tests, including either a
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directional or nondirectional proof of performance required by the
cons truct ion permit, may be conducted during dayt ime hours provided that the
antenna system is first substantially tuned during the experimental period.
The nondirectional proof shall be conducted with power adjusted to 25% of
that specified in the permit for the authorized directional facilities or,
if applicable, to such higher power as is specified in the same permit for
authorized nondirectional facilities. For licensed stations, see §73.1615,
Operation During Modification of Facilities; and §73.157, Antenna Testing
Dur ing Dayt ime.
(b) The FCC may notify the permittee not to conduct equipment tests or
may modify, cancel, suspend, or change the modes of testing or the dates and
times for such tests in order to resolve interference complaints or when
such act ion may appear to be in the public interest, convenience, and
necessity.
* * * * *
6. 47 eFR 73.1615 is revised in its entirety to read as follows:
§73.1615 Operation during modification of facilities.
When the licensee of an existing AM, FM or TV station is in the process
of modifying existing facilities as authorized by a construction permit and
determines it is necessary to either discontinue operation or to operate
with temporary facilities to continue program service, the following
procedures apply:
(a) Licensees holding a construction permit for modification of
directional or nondirectional FM and TV or nondirectional AM station
facilities may, without specific FCC authority, for a period not exceeding
30 days:
(1) Discontinue operation, or
(2) Operate with temporary facilities to maintain, as nearly as
possible, but not exceed, the size of the presently licensed coverage area.
(b) Licensees of an AM station holding a construction permit which
involves directional facilities and which does not involve a change in
operating frequency may, without specific FCC authority, for a period not
exceeding 30 days:
(1) Discontinue operation, or
(2) Operate with reduced power or with parameters at variance from
licensed tolerances while maintaining monitoring point field strengths
within licensed limits during the period subsequent to the commencement of
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modifications authorized by the construction permit, or
(3) Operate in a nondirectional mode during the presently licensed hours
of direct ional operation with power reduced to 25% or less of the nominal
licensed power, or whatever higher power, not exceeding licensed power, will
insure that the radiated field strength specified by the license is not
exceeded at any given azimuth for the corresponding hours of directional
operation, or
(4) Operate in a nondirectional mode during daytime hours, if not already
so licensed, only as necessary to conduct a required nondirectional proof of
performance with a power not to exceed 25% of the maximum power authorized
by the construct ion permit for directional operation, or
(5) Operate during daytime hours with either the daytime or nighttime
directional pattern and with the power authorized by the construction permit
only as necessary to take proof of performance measurements. Operating
power shall be promptly reduced to presently licensed level during any
significant period of time that. these measurements are not being taken. No
daytime operation of construction permit directional patterns authorized by
this paragraph shall be conducted before such patterns have been
substantially tuned duringth~experimental period.
(6) In the event the directional pattern authorized by the construction
permit replaces a licensed directional pattern, the licensee may operate with
the substantially adjusted construction permit pattern during the
corresponding licensed hours of directional operation with power not
excee.ding that specified for the licensed pattern.
(c) Such operation or discontinuance of operation in accordance with
the provisions of paragraph (a) or (b) of this section may begin upon
notification to the FCC in Washington, D. C.
(1) Should it be necessary to continue the procedures in either paragraph
(a) or (b) of this section beyond 30 days, an informal letter request signed
by the licensee or the licensee's representative must be sent to the FCC in
Washington, D. C. prior to the 30th day.
(d) Licensees of an AM station holding a construction permit which
authorizes both a change in frequency and directional facilities must
request and obtain authority from the FCC in Washington, D. C. prior to
using any new installation authorized by the permit, or using temporary
facilities.
(1) The request is to be made at least 10 days prior to the date on which
the temporary operation is to commence. The request is to be made by letter
which shall describe the operating modes and facilities to be used. Such
letter requests shall be signed by the licensee or the licensee's
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representat ive.
(2) Discontinuance of operation is permitted upon notification to the FCC
in Washington, D. C. Should it be necessary to discontinue operation longer
than 30 days, an informal letter request. signed by the licensee or the
licensee's representatives, must be sent to the FCC in-Washington. D. C.
prior to the 30th day.
(e) The FCC may modify or cancel the temporary operation permitted under
the provisions of paragraph (a). (b), (c) or (d) of this section without
prior notice or right to hearing.
7. 47 CFR 73.1635 is revised in its entirety to read as follows:
§73.l635 Special temporary authorizations (STA).
(a) A special temporary authorization (STA) is the authority granted to a
permittee or licensee to permit the operation a broadcast facility for a
limited period at a specified variance from the terms of the station
authorizat ion or requirements of the FCC rules applicable to the particular
class of station.
(1) A request for an STA should be filed with FCC in Washington. D. C. at
least 10 days prior to the date of the proposed operation.
(2)
proposed
requests
The request is to be made by letter and shall fully describe the
operation and the necessity for the requested STA. Such letter
shall be signed by the licensee or the licensee's representative.
(3) A request for an STA necessitated by unforeseen equipment damage or
fa ilure may be made without regard to the procedural requirements of this
section (e.g. via telegram or telephone). Any request made pursuant to this
paragraph shall be followed by a written confirmation request conforming to
the requirements of paragraph (a)(2) above. Confirmation requests shall be
submitted within 24 hours. (See also §73.l680 Emergency Antennas).
(4) An STA may be granted for an init ial period not to exceed 180 days. A
limited number of extensions of such authorizations may be granted for
additional periods not exceeding 180 days per extension. An STA
necess it a t ed by technical or equipment problems, however. may, in pract ice.
be granted for an initial period not to exceed 90 days with a limited number
of extensions not to exceed 90 days per extension. The permittee or
licensee must demonstrate that any further extensions requested are
necessary and that all steps to resume normal operation are being undertaken
in an expeditious and timely fashion.
(5) Certain rules permit temporary operation at variance without prior
authorizat ion from the FCC when notification is filed as prescribed in the
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particular rules. See §73.62, Directional Antenna System Tolerances;
§73.l57, Antenna Testing During Daytime; §73.l250, Broadcasting Emergency
Information; §73.l6l5, Operation During Modification of Facilities; and
§73.l680, Emergency Antennas.
(b) An STA may be modified or cancelled by the FCC without prior notice or
right to hearing.
(c) No request by an AM station for temporary authority to extend its
hours of operation beyond those authorized by its regular authorization will
be accepted or granted by the FCC except in emergency situations conforming
with the requirements of Section 73.3542, Application for Emergency
Authorization. See also §73.l250, Broadcasting Emergency Information.
8. 47 CFR 73.1680 is amended by revising paragraph (b)(l) to read as
follows:
§73.l680 Emergency Antennas
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(b) * * *
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(DAM stations. AM stations may use a horizontal or vertical wire or a
nondirectional vertical element of a directional antenna as an emergency
antenna. AM stations using an emergency nondirectional antenna or a
horizontal or vertical wire pursuant to this section, in lieu of authorized
directional facilit ies, shall operate with power reduced to 25% or less of
the nomina 1 licensed power, or, a higher power, not exceeding licensed
power, while insuring that the radiated field strength does not exced that
au thor ized in any given azimuth for the corresponding hours of direct iona1
operat ion.
* * * *
9. 47 CFR 73.3542 is revised to read as follows:
§73.3542 App licat ion for emergency authorizat ion.
(a) Authority may be granted, on a temporary basis, in extraordinary
e;ircumstances requiring emergency operation to serve the pubiic interest.
Such situations include: emergencies involving danger to life· and property;
a national emergency proclaimed by the President or the Congress of the
U.S.A. and; the cont inuance of any war in which the United States is
.engaged,· and where such action is necessary for the national defense or
security or otherwise in furtherance of the war effort.
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(1) An informal application may be used. The FCC may grant such
construction permits, station licenses, modifications or renewals thereof,
without the filing of a formal application.
(2) No authorization so granted shall continue to be effective beyond the
per iod 0 f the emergency or war requiring it.
(3) Each individual request submitted under the provisions of this
paragraph shall contain, as a minimum requirement, the following
informat ion:
(i) Name and address of applicant.
(ii) Location of proposed installation or operation.
(iii) Official call letters of any valid station authorization already
held by applicant and the station location.
(iv) Type of service desired (not required for renewal or modification
unless class of station is to be modified).
(v) Frequency as s ignment, authorized transmitter power(s), authorized
class(es) of emission desired (not required for renewal; required for
modification only to the extent such information may be involved).
(vi) Equipment to be used, specifying the manufacturer and type or model
number (not required for renewal; required for modification only to the
extent such information may be involved).
(vii) Statements to the extent necessary for the FCC to determine whether
or not the grant ing of the desired authorization will be in accordance with
the citizenship eligibility requirements of Section 310 of the
Communicat ions Act.
(viii) Statement of facts which, in the opinion of the applicant,
constitute an emergency to be found by the FCC for the purpose of this
section. This statement must also including the estimated duration of the
emergency and if during an emergency or war declared by the Pres ident or
Congress, why such action, without formal application, is necessary for the
national defense or security or in furtherance of the war effort.
(b) Emergency operat ing authority issued under this section may be
cancelled or modified by the FCC without prior notice or right to hearing.
See also §73.12S0, Broadcasting Emergency Information, for situations in
which emergency operation may be conducted without prior authorization, and
§73.163S, Special Temporary Authorization (STA), for temporary operating
authorizations necessitated by circumstances not within the ambit of this
sect ion.
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