[Federal Register Volume 64, Number 26 (Tuesday, February 9, 1999)]
[Proposed Rules]
[Pages 6296-6300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3092]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[ET Docket No. 99-34; FCC 99-8]


An Industry Coordination Committee System for Broadcast Digital 
Television Service

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission has issued a Notice of Proposed Rule Making 
(NPRM) requesting comment on the establishment of an industry 
coordination committee to assist in the implementation of digital 
television (DTV) service. The Commission indicated that it believes 
such an industry committee could serve to improve its existing 
procedures for adjusting the DTV Table of Allotments and for managing 
requests for DTV station modifications as the transition to DTV 
progresses.

DATES: Comments must be received on or before March 29, 1999, and reply 
comments on or before April 28, 1999.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554

FOR FURTHER INFORMATION CONTACT: Alan Stillwell (202-418-2470), Office 
of Engineering and Technology.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rule Making in ET Docket No. 99-34, FCC 99-8, adopted 
January 28, 1999, and released February 3, 1999. The full text of this 
decision is available for inspection and copying during normal business 
hours in the Public Reference Branch (Room 230), 1919 M Street, NW., 
Washington, DC. The complete text of this decision also may be 
purchased from the Commission's duplicating contractor, International 
Transcription Service, 1231 20th Street, NW., Washington, DC 20036, 
(202-857-3800).

Summary of the Notice of Proposed Rule Making

    1. In the NPRM, the Commission sought comment on the establishment 
of an industry coordination committee to assist in the implementation 
of digital television (DTV) service. The Commission indicated that it 
believes that such an industry committee may aid its efforts to provide 
fair and efficient means for adjusting the DTV Table of Allotments and 
for managing requests for DTV station modifications as the transition 
to DTV progresses. It stated that a coordination committee might also 
serve to provide assistance in managing any further requests for 
modification of analog (NTSC) television stations during the transition 
and on other issues such as inter-service sharing arrangements.
    2. The Commission indicated that it believes that the general 
principles and policies that were applied in establishing rules for 
frequency coordination in the land mobile services are also relevant 
and appropriate for guiding the development of an industry coordination 
committee system for broadcast television. It presented a number of 
proposals for the DTV industry coordination committee system that were 
generally based on a plan suggested in a Petition for Rule Making 
submitted by the Broadcasters' Caucus. These proposals, which are 
presented below, address the following issues: (a) the structure of a 
DTV industry coordination committee system; (b) its functions; (c) the 
operation of the Committee system; (d) the selection of the DTV 
frequency coordinators; and (e) the Commission's oversight of committee 
operations. The Commission invited interested parties to submit 
suggestions for any changes in these proposals or alternative 
approaches relating to an industry committee system that they believe 
would serve to improve the process for modifying the DTV Table and/or 
to provide other assistance to the Commission on television spectrum 
matters.
    3. The Commission also indicated that if it decides to establish a 
DTV coordination committee system, it will need to decide whether to 
make participation in the committee process mandatory or voluntary. It 
therefore requested comment on whether to require that television 
station applicants, construction permit holders, licensees and others 
with proposals that would affect TV spectrum coordinate their proposals 
through the industry committee process or simply make participation in 
that process voluntary. It noted that under a mandatory approach, the 
industry coordination committee system would replace its existing rules 
for voluntary negotiation of DTV allotment and facility modifications. 
The Commission also reiterated its statement in the Memorandum Opinion 
and Order on Reconsideration of the Sixth Report and Order in the DTV 
proceeding, MM Docket No. 87-268, 13 FCC Rcd 6860, 63 FR 15774, April 
11, 1998, that it intends that consideration of an industry 
coordination committee system not delay the implementation of DTV 
service. It therefore advised broadcasters that it will continue to 
process applications for DTV stations and requests for modification of 
facilities during the course of this proceeding. Broadcasters preparing 
DTV applications and/or station modification requests therefore should 
not delay the filing of those applications.
    4. Under the structural plan proposed by the Commission, the 
coordination of allotment and station changes would be organized on the 
basis of regional committees operating under the umbrella of a national 
organization (national coordinator). The national coordinator would 
establish an organizational structure and administrative system for the 
regional committees, manage a nationwide data base, maintain procedures 
and software systems for performing technical analyses, and monitor the 
work of the regional committees. The regional coordinating committees 
would conduct evaluations and provide recommendations/advice to the 
Commission and would also coordinate among local stations and within 
the industry. The Commission did not present a plan for a specific 
number of regional coordinating committees or for the boundaries of the 
regions in which they would operate. Rather, it requested that 
interested parties submit comments and suggestions with regard to this 
issue and indicated that it would select an appropriate number of 
committees and define the boundaries of the regions in which the 
individual committees would operate after considering such submissions. 
The Commission also requested comment on whether it might be more 
desirable to adopt an alternative approach under which the Commission 
would specify requirements for the organization and administration of 
the regional committees and the national coordinator and for the manner 
in which they would interact. Parties supporting such an approach were 
requested to submit

[[Page 6297]]

specific suggestions for a plan of organizational requirements.
    5. The Commission stated that, consistent with its position on 
frequency coordinators in the DTV proceeding, it believes it is 
important that any coordination system for the broadcast television 
industry be open to all affected parties, including low power 
television and TV translator stations and the public. It therefore 
proposed to require that the membership and processes of the DTV 
coordinating committee system be open to all affected parties.
    6. The Commission envisioned that the principal function of the DTV 
industry coordination system would be to process and evaluate proposals 
for changes in DTV and NTSC station facilities and for changes to the 
DTV Table of Allotments and to make recommendations to the Commission 
on these matters. As suggested by the Caucus, the goal of the 
coordination system would be to accommodate reasonable requests for 
facility and allotment changes/additions without creating unacceptable 
interference to neighboring DTV or NTSC stations. In this regard, the 
industry coordinating committees would provide assistance to both 
broadcasters and the Commission in assessing the feasibility, in terms 
of affects on interference and service areas, of modifications in the 
power, antenna height, antenna pattern, or transmitter site of DTV and 
NTSC stations, of changes in DTV channels, including negotiated 
exchanges on an intra-or inter-market basis, and of proposed new DTV 
allotments. In addition to the station/allotment coordination function, 
the Commission identified a number of tasks and activities relating to 
evaluation of service coverage and interference and selection of 
channels that the coordinating committees could possibly perform to aid 
in the implementation of DTV service.
    7. As indicated above, the national coordinator would be 
responsible for maintaining an accurate, up-to-date engineering data 
base of allotments, licensed stations, construction permits, 
applications and petitions for rule making. This data base, which would 
correspond in content and format with the engineering data base 
maintained by the FCC, would be used by the regional coordinating 
committees in their coordination work. The national coordinator would 
also be responsible for maintaining and managing a national system of 
methodology and software for use in performing studies and engineering 
evaluations. This methodology and software would be required to conform 
the Commission's DTV allotment and station modification standards and 
to the methodological guidance provided in its OET Bulletin No. 69. The 
national coordinator would further be responsible for monitoring the 
performance of the regional committees to ensure that studies and 
evaluations were being performed in a consistent manner and in 
accordance with all applicable policies and regulations.
    8. As proposed by the Commission, coordination committee actions 
would begin with the submission of a request for facility or allotment 
changes or for information on interference and coverage. The request 
would be submitted to the appropriate regional coordinating committee 
on standard forms, with justification as applicable. The coordinator 
would then examine and evaluate the request. The coordinator would also 
be responsible for notifying all other stations in the area that would 
potentially be affected by the request of its preliminary assessment 
and providing them with an opportunity to comment, object or suggest 
their own proposals. In this role, the coordinating committee would 
also be expected to facilitate negotiations between the party or 
parties seeking changes and any stations that would be affected by 
those changes. After completing these activities, a committee 
coordinator would submit its assessment of the change proposed in the 
request and any alternative proposals, as appropriate, to the 
Commission, along with its recommendations. Coordinating committee 
assessments and recommendations would be limited to the technical 
viability of proposals, without regard to whether the requested changes 
would be consistent with any other applicable regulations.
    9. Consistent with the approach used with land mobile frequency 
coordinators and the recommendations of the Caucus, the Commission 
proposed to establish certain rules for the processing of coordination 
requests by the DTV industry coordination committees. In this regard, 
it proposed:

--To require that the DTV industry coordinators accept and process all 
requests without discriminating among users;
--To permit the DTV industry coordination committees to charge 
reasonable, cost-based fees for providing information to stations and 
processing requests for facility and channel changes/additions;
--To require that, as a general practice, the committee coordinators 
process requests in the order received and to require that they 
maintain logs; and,
--To require that requests be processed in a timely manner.

    10. The Commission requested comment on how those who would lead 
the DTV coordination committee system should be selected and how it 
should provide for the start-up of this organization. It noted that one 
approach would be for the Commission to select an entity to head the 
national committee organization, and then allow the national 
organization to proceed with selection of the regional, in accordance 
with that organization's stated plan for the regional committee 
structure and administrative system. Another approach would be for the 
Commission to select entities to head the national organization and the 
regional coordination committees. In selecting parties to lead the 
coordination committee system, the Commission proposed to consider a 
number of factors, including:

--The extent to which the applicant is representative of all broadcast 
television interest groups;
--The applicant's technical knowledge and expertise in performing the 
analyses and evaluations used in the coordination process and plans for 
the software and methodology to use in accomplishing DTV and NTSC 
interference and service area engineering studies on a nationwide 
basis; and,
--The applicant's plan for coordinating the DTV service.

    11. The Commission stated that it believes it is important to 
exercise oversight of the DTV coordination committee system. It stated 
that, in addition to the investigation of complaints, it would conduct 
regular, perhaps on a six or twelve month basis, and ad hoc discussions 
with the regional committees and the national organization to review 
their performance, ensure they are conducting evaluations and analyses 
in accordance with established policies and regulations, and also to 
determine whether any changes might be needed in our policies based on 
experience gained through their work. Coordinators found to be 
unsatisfactory would be replaced. As suggested by the Caucus, the 
Commission's policies in this oversight would be developed on a case-
by-case basis, so that an effective ``common law'' would develop.

Procedural Matters

Paperwork Reduction Act of 1995 Analysis

    12. This Notice of Proposed Rule Making has been analyzed with 
respect to the Paperwork Reduction Act of 1995,

[[Page 6298]]

Pub. L. 104-13, and found to impose no new or modified information 
collection requirements on the public.

Regulatory Flexibility Act Analysis

    13. As required by Section 603 of the Regulatory Flexibility Act, 5 
U.S.C. 603, the Commission has prepared an Initial Regulatory 
Flexibility Analysis (IRFA) of the expected significant economic impact 
on small entities by the policies and rules proposed in this Notice of 
Proposed Rule Making in ET Docket No. 99-34. Written public comments 
are requested on the IRFA. Comments must be identified as responses to 
the IRFA and must be filed by the deadlines for comments on the NPRM 
provided below.

Need for and Objectives of the Proposed Rule

    14. In this rule making action the Commission seeks comment on 
proposals for the establishment of an industry DTV coordination 
committee system to process and evaluate proposed changes to the Table 
of Allotments for digital television (DTV) service and related matters 
involving use of the television frequencies. It indicated that it 
believes that such an industry committee system may aid its efforts to 
provide fair and efficient means for adjusting the DTV Table and for 
managing requests for DTV station modifications as the transition to 
DTV progresses. In this regard, the Commission indicated that an 
industry coordination committee system could serve to improve its 
existing procedures by minimizing the number of petitions for rule 
making that are filed to change the DTV Table and encouraging the 
development of regional solutions to shared problems. A coordination 
committee system might also serve to provide assistance in managing any 
further requests for modification of analog (NTSC) television stations 
during the transition and on other issues such as inter-service sharing 
arrangements. The objective of this action is to obtain comment and 
information that will assist us in determining whether such an industry 
committee system is needed and to establish rules and policies for its 
structure, functions, operation, membership selection and oversight by 
the Commission.

Legal Basis

    15. The proposed action is authorized under Sections 4(i), 7, 301, 
303, 307, and 336 of the Communications Act of 1934, as amended, 47 
U.S.C. 154(i), 301, 302, 303, 307, and 336.

Description and Estimate of the Number of Small Entities to Which The 
Rules Will Apply

I. Definition of a ``Small Business''
    16. Under the Regulatory Flexibility Act, small entities may 
include small organizations, small businesses, and small governmental 
jurisdictions. 5 U.S.C. 601(6). The Regulatory Flexibility Act, 5 
U.S.C. 601(3) generally defines the term ``small business'' as having 
the same meaning as the term ``small business concern'' under the Small 
Business Act, 15 U.S.C. 632. A small business concern is one which: (1) 
is independently owned and operated; (2) is not dominant in its field 
of operation; and (3) satisfies any additional criteria established by 
the Small Business Administration (``SBA''). Id. According to the SBA's 
regulations, entities engaged in television broadcasting may have a 
maximum of $10.5 million in annual receipts in order to qualify as a 
small business concern. 13 CFR 121.201. This standard also applies in 
determining whether an entity is a small business for purposes of the 
Regulatory Flexibility Act.
    17. Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency after consultation with the 
Office of Advocacy of the Small Business Administration and after 
opportunity for public comment, establishes one or more definitions of 
such term which are appropriate to the activities of the agency and 
publishes such definition(s) in the Federal Register.'' For purposes of 
this Notice of Proposed Rule Making, we utilize the SBA's definition in 
determining the number of small businesses to which the rules apply, 
although we believe that that definition of ``small business'' 
overstates the number of television broadcast stations that are small 
businesses. Further, in this IRFA, we will identify the different 
classes of small television stations that may be impacted by the rules 
adopted in this Notice of Proposed Rule Making.
II. Issues in Applying the Definition of a ``Small Business''
    18. SBA has defined ``annual receipts'' specifically in 13 CFR 104, 
and its calculations include an averaging process. We do not currently 
require submission of financial data from licensees that we could use 
to apply the SBA's definition of a small business. Thus, for purposes 
of estimating the number of small entities to which the rules apply, we 
are limited to considering the revenue data that are publicly 
available, and the revenue data on which we rely may not correspond 
completely with the SBA definition of annual receipts.
    19. Under SBA criteria for determining annual receipts, if a 
concern has acquired an affiliate or been acquired as an affiliate 
during the applicable averaging period for determining annual receipts, 
the annual receipts in determining size status include the receipts of 
both firms. 13 CFR 121.104(d)(1). The SBA defines affiliation in 13 CFR 
121.103. While we refer to an affiliate generally as a station 
affiliated with a network, the SBA's definition of affiliate is 
analogous to our attribution rules. Generally, under the SBA's 
definition, concerns are affiliates of each other when one concern 
controls or has the power to control the other, or a third party or 
parties controls or has the power to control both. 13 CFR 
121.103(a)(1). The SBA considers factors such as ownership, management, 
previous relationships with or ties to another concern, and contractual 
relationships, in determining whether affiliation exists. 13 CFR 
121.103(a)(2). Instead of making an independent determination of 
whether television stations were affiliated based on SBA's definitions, 
we relied on the industry data bases available to us to afford us that 
information.
III. Estimates Based on Census and BIA Data
    20. According to the Census Bureau, in 1992, there were 1,155 out 
of 1,478 operating television stations with revenues of less than ten 
million dollars. This represents 78 percent of all television stations, 
including non-commercial stations. See 1992 Census of Transportation, 
Communications, and Utilities, Establishment and Firm Size, May 1995, 
at 1-25. The Census Bureau does not separate the revenue data by 
commercial and non-commercial stations in this report. Neither does it 
allow us to determine the number of stations with a maximum of 10.5 
million dollars in annual receipts. Census data also indicates that 81 
percent of operating firms (that owned at least one television station) 
had revenues of less than $10 million.
    21. We have also performed a separate study based on the data 
contained in the BIA Publications, Inc. Master Access Television 
Analyzer Database, which lists a total of 1,141 full-power commercial 
television stations. It should be noted that the percentage figures 
derived from the data base may be underinclusive because the data base 
does not list revenue estimates for noncommercial educational stations, 
and these are therefore excluded from our calculations based on the 
data base.

[[Page 6299]]

Non-commercial stations would be subject to the allotment rules and 
policies proposed herein. The data indicate that, based on 1995 revenue 
estimates, 440 full-power commercial television stations had an 
estimated revenue of 10.5 million dollars or less. That represents 54 
percent of commercial television stations with revenue estimates listed 
in the BIA program. The data base does not list estimated revenues for 
331 stations. Using a worst case scenario, if those 331 stations for 
which no revenue is listed are counted as small stations, there would 
be a total of 771 stations with an estimated revenue of 10.5 million 
dollars or less, representing approximately 68 percent of the 1,141 
commercial television stations listed in the BIA data base.
    22. Alternatively, if we look at owners of commercial television 
stations as listed in the BIA data base, there are a total of 488 
owners. The data base lists estimated revenues for 60 percent of these 
owners, or 295. Of these 295 owners, 158 or 54 percent had annual 
revenues of $10.5 million or less. Using a worst case scenario, if the 
193 owners for which revenue is not listed are assumed to be small, the 
total of small entities would constitute 72 percent of owners.
    23. In summary, based on the foregoing worst case analysis using 
census data, we estimate that our rules could affect as many as 1,155 
commercial and non-commercial television stations (78 percent of all 
stations) that could be classified as small entities. Using a worst 
case analysis based on the data in the BIA data base, we estimate that 
as many as approximately 771 commercial television stations (about 68 
percent of all commercial television stations) could be classified as 
small entities. As we noted above, these estimates are based on a 
definition that we believe greatly overstates the number of television 
broadcasters that are small businesses. Further, it should be noted 
that under the SBA's definitions, revenues of affiliates that are not 
television stations should be aggregated with the television station 
revenues in determining whether a concern is small. The estimates 
overstate the number of small entities since the revenue figures on 
which they are based do not include or aggregate such revenues from 
non-television affiliated companies.
    24. The proposed DTV industry coordination committee system could 
also affect low power television (LPTV) and TV translator stations. Our 
records indicate that currently there are about 1,750 licensed LPTV 
stations and 5,050 licensed TV translators. We have also issued about 
1,400 construction permits for new LPTV stations. We do not collect 
individual station financial data for LPTV and TV translator stations. 
However, based on our experience with LPTV and TV translator stations, 
we believe that all such stations have revenues of less than $10.5 
million. We also seek information on the number of low power stations 
that operate commercially and noncommercially.

IV. Alternative Classification of Small Stations

    25. An alternative way to classify small television stations is by 
the number of employees. We currently apply a standard based on the 
number of employees in administering its Equal Employment Opportunity 
Rule (EEO) for broadcasting. Thus, radio or television stations with 
fewer than five full-time employees are exempted from certain EEO 
reporting and recordkeeping requirements. We estimate that the total 
numbers of commercial and noncommercial television stations with 4 or 
fewer employees are 132 and 136, respectively. These estimates do not 
include LPTV stations, for which we do not collect employment data.

Description of Projected Reporting, Recordkeeping and Other Compliance 
Requirements

    26. The proposals set forth in this action would involve no changes 
to reporting, recordkeeping and other compliance requirements beyond 
what is already required under the current regulations.

Federal Rules Which Overlap, Duplicate or Conflict With These Rules

    27. None.

Significant Alternatives To Proposed Rules Which Minimize Significant 
Economic Impact of Small Entities and Accomplish Stated Objectives

    28. The DTV industry coordination committee system proposed in this 
action would be available for use by all commercial and noncommercial 
broadcast television stations desiring to change their DTV facilities 
and/or channels or their NTSC facilities and by parties seeking to add 
new channel allotments to the DTV Table of Allotments. This 
coordination system would be used by existing full service stations, 
low power stations and those seeking to establish new stations on a 
voluntary basis. Stations would also be allowed to use their own 
internal resources or the services of consultants to obtain the 
analyses and evaluations that would be performed by the committee 
coordinators. We therefore believe that our proposal would result in 
the minimum impact on those needing such services. We have, however, 
requested comment on whether we should require that facility changes, 
channel changes, and new allotments be coordinated through the services 
of the industry coordination committee system. In this case, we have 
sought to minimize the impact on those using the coordination system by 
requiring that charges for services be reasonable and cost based and 
that services be provided in a timely manner. At this time we have no 
information on the approximate cost of the services that would be 
provided by the industry coordinating committees. We also do not know 
how many stations may seek such changes, although we expect that most 
of the changes sought will be to increase station's DTV service areas. 
We expect that the number of requests for addition of new DTV 
allotments will be approximately the same as we now receive each year, 
i.e. approximately 50 requests.
    29. An alternative approach would be to establish specific 
allowable charges for services and specific time-periods within which 
requests for coordination must be completed. However, we generally 
believe that it would be difficult to establish a schedule of 
appropriate fees and required completion time-periods due to the great 
variation in complexity of the services to be performed and the time 
and resources needed to fulfill the requests. We seek comment and 
suggestions for alternatives that would further reduce any impact that 
an industry coordination committee system would have on those seeking 
to modify existing stations or to establish new stations.
    30. As we observed in the DTV proceeding, implementation of DTV 
service will affect low power television (LPTV) and TV translator 
stations. Total investment in the LPTV and TV translator facilities is 
estimated to be about $150--$250 million. Studies by our staff indicate 
that there is not sufficient spectrum to accommodate both low power 
stations and DTV stations. These studies estimate that up to about one-
third of all LPTV stations and one-quarter of all TV translators may 
have to cease operation to make way for DTV stations. In general, most 
LPTV stations within major markets will be affected, while rural 
operations will be affected to lesser degrees. We generally believe 
that the industry coordinating committee system would serve to provide 
a relatively low-cost

[[Page 6300]]

source of assistance to LPTV and TV translator stations that will need 
to modify their existing operations or seek displacement channels to 
avoid interference to DTV service. We seek comment on whether there are 
specific actions we could take in establishing the industry 
coordination system to further aid low power stations.

Comments

    31. Pursuant to Sections 1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments on before 
March 29, 1999, and reply comments on or before April 28, 1999. 
Comments may be filed using the Commission's Electronic Comment Filing 
System (ECFS) or by filing paper copies. See Electronic Filing of 
Documents in Rule Making Proceedings, 63 FR 24121, published May 1, 
1998.
    32. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to <http://www.fcc.gov/e-file/ecfs.html>. 
Generally, only one copy of an electronic submission must be filed. If 
multiple docket or rule making numbers appear in the caption of this 
proceeding, however, commenting parties must transmit one electronic 
copy of the comments to each docket or rule making number referenced in 
the caption. In completing the transmittal screen, commenting parties 
should include their full name, Postal Service mailing address, and the 
applicable docket or rule making number. Parties may also submit an 
electronic comment by Internet e-mail. To get filing instructions for 
e-mail comments, commenting parties should send an e-mail to 
[email protected], and should include the following words in the body of the 
message, ``get form .'' A sample form and 
directions will be sent in reply.
    33. Parties who choose to file by paper must file an original and 
four copies of each filing. If more than one docket or rule making 
number appear in the caption of this proceeding, commenting parties 
must submit two additional copies for each additional docket or rule 
making number. All filings must be sent to the Commission's Secretary, 
Magalie Roman Salas, Office of the Secretary, Federal Communications 
Commission, 445 12th St. SW, Room TW-A325, Washington, DC 20554.
    34. Parties who choose to file by paper should also submit their 
comments on diskette. These diskettes should be submitted to: Alan 
Stillwell, Federal Communications Commission, Office of Engineering and 
Technology, 2000 M Street, NW, Suite 480, Washington, DC 20554C. Such a 
submission should be on a 3.5 inch diskette formatted in an IBM 
compatible format using WordPerfect 5.1 for Windows or compatible 
software. The diskette should be accompanied by a cover letter and 
should be submitted in ``read only'' mode. The diskette should be 
clearly labeled with the commenting party's name, proceeding (including 
the docket number in this case [ET Docket No. 99-34], type of pleading 
(comment or reply comment), date of submission, and the name of the 
electronic file on the diskette. The label should also include the 
following phrase ``Disk Copy--Not an Original.'' Each diskette should 
contain only one party's pleadings, preferably in a single electronic 
file. In addition, commenting parties must send diskette copies to the 
Commission's copy contractor, International Transcription Service, 
Inc., 1231 20th Street, NW, Washington, DC 20037.

Ex Parte Presentations

    35. This is a permit-but-disclose notice and comment rule making 
proceeding. Ex parte presentations are permitted, except during any 
Sunshine Agenda period, provided they are disclosed as provided in the 
Commission's rules. See generally 47 CFR 1.1200(a), 1.1203, and 1.1206.

Ordering Clauses/Authority

    36. It is ordered that the Commission's Office of Public Affairs, 
Reference Operations Division, Shall send a copy of this Notice of 
Proposed Rule Making, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration. Actions herein are taken pursuant to authority 
contained in Sections 4(i), 7, 301, 303, 307, and 336 of the 
Communications Act of 1934, as amended, 47 U.S.C. Sections 154(i), 301, 
302, 303, 307, and 336.
    37. For additional information concerning this matter, contact Alan 
Stillwell, Office of Engineering and Technology, (202) 418-2470.

List of Subjects in 47 CFR Parts 73 and 74

    Television.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 99-3092 Filed 2-8-99; 8:45 am]
BILLING CODE 6712-01-P