In this document, the Federal Communications Commission (FCC or Commission) eliminates provisions of our rules that require broadcasters to post and maintain copies of their licenses and related information in specific locations. These rules have become redundant and obsolete now that licensing information is readily accessible online through the Commission's databases, including CDBS, LMS, and ULS. It therefore finds that eliminating these rules, which apply in some form to all broadcast licensees, will serve the public interest.
For additional information, contact Jonathan Mark, Jonathan.Mark@fcc.gov, of the Media Bureau, Policy Division, (202) 418-3634. Direct press inquiries to Janice Wise at (202) 418-8165.
This is a summary of the Commission's Report and Order ( Order ), FCC 18-174, adopted December 10, 2018 and released on December 11, 2018. The full text of this document is available electronically via the FCC's Electronic Document Management System (EDOCS) website at http://fjallfoss.fcc.gov/edocs_public/ or via the FCC's Electronic Comment Filing System (ECFS) website at http://fjallfoss.fcc.gov/ecfs2/. (Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat.) This document is also available for public inspection and copying during regular business hours in the FCC Reference Information Center, which is located in Room CY-A257 at FCC Headquarters, 445 12th Street SW, Washington, DC 20554. The Reference Information Center is open to the public Monday through Thursday from 8:00 a.m. to 4:30 p.m. and Friday from 8:00 a.m. to 11:30 a.m. The complete text may be purchased from the Commission's copy contractor, 445 12th Street, SW, Room CY-B402, Washington, DC 20554. Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format), by sending an email to fcc504@fcc.gov or calling the Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
1. In this Report and Order ( Order ), we eliminate the provisions in parts 1, 5, 73 and 74 of our rules that require the posting and maintenance of broadcast licenses and related information in specific locations.1 In May 2018, the Federal Communications Commission (Commission) issued a Notice of Proposed Rulemaking ( NPRM ) (83 FR 30901) seeking comment on whether to eliminate license posting rules that appeared to be redundant and obsolete now that licensing information is readily accessible online through the Commission's databases. Commenters in this proceeding unanimously support the elimination of these rules. As detailed below, we find that eliminating these requirements, which apply in some form to all broadcast licensees, will serve the public interest. In doing so, we advance the Commission's goal of modernizing our media rules and remove unnecessary regulatory burdens that impede competition and innovation in the media marketplace.
1 ?By this Order, we also eliminate provisions in our rules which reference or cross-reference broadcast license posting rules.
[top] 2. Broadcast license posting rules predate the establishment of the Commission. As explained in the NPRM, the Federal Radio Commission promulgated the earliest iteration of broadcast license posting requirements on record in 1930. Subsequent Commission decisions revised and expanded to new broadcast services license posting obligations and requirements to maintain records at specific locations, but provided no explicit rationale for such rules. Based on the text and history of these rules, the NPRM noted that the intended purpose of the rules may have been to ensure that information regarding station authorizations, ownership, and contact information was readily available and easily accessible to the Commission and public. Commenters in this proceeding do not identify any alternative purpose or use for these rules and maintain that, with the advent of online sources for licensee information, the burdens that compliance with these rules imposes on licensees clearly outweigh any original benefits they may have provided.
3. Consistent with our proposals in the NPRM, we eliminate the license posting rules applicable to broadcasters and the related rules that require records to be maintained at specific locations.2 We agree with commenters that "while the posting rule[s] may have made sense almost 90 years ago" they no longer serve the public interest given that all Commission licenses and related authorizations required to be displayed or maintained are now available "24/7" through publicly accessible online databases. Specifically, broadcast station licenses and other authorizations are currently accessible online through several Commission databases, including the Commission's Consolidated Database System (CDBS), Licensing Management System (LMS), and Universal Licensing Service (ULS).3 For full power and Class A television stations and AM and FM radio stations, licenses and related authorizations are also accessible through the Commission's Online Public Inspection File.4 In addition, the public may access orders and dispositions regarding station construction or facilities operation, which are required to be physically posted pursuant to two of our existing rules, through the Commission's online licensing databases.
2 ?Specifically, we eliminate the following rules, each of which applies specifically to broadcast licensees: 47 CFR 73.1230 (all broadcast licensees), 74.564 (aural broadcast auxiliary stations), 74.664 (television broadcast auxiliary stations), 74.765 (LPTV and TV translator stations), and 74.1265 (FM translator and booster stations). In addition, we amend the following rules to eliminate license posting obligations: 47 CFR 1.62(a)(2) (which currently requires all Commission licensees to post information pertaining to license renewal applications as well as the license itself, so that it applies only to non-broadcast licensees), 5.203(b) (removing the requirement to post experimental licenses), 74.432(j) (removing the requirement that remote pickup station licenses be "posted at the transmitter, or posted at the control point of the station"), 74.832(j) (removing the requirement that low power auxiliary station licenses be "posted at the transmitter, or posted at the control point of the station"). The NPRM incorrectly proposed to amend paragraph (a)(3)(viii) of 47 CFR 74.787, instead of paragraph (a)(5)(viii). This has been corrected in the Final Rules. We also note that one additional change not captured in the NPRM is in the Final Rules below.
3 ?Specifically, this information is readily available through CDBS, http://licensing.fcc.gov/prod/cdbs/pubacc/prod/app_sear.htm. Similarly, the public may access copies of a station's license, which includes the station call sign and name, address, and telephone number of the station licensee and point of contact, through LMS, https://enterpriseefiling.fcc.gov/dataentry/login.html and/or ULS, http://wireless.fcc.gov/uls/index.htm?job=home. While most broadcast licenses are accessible through CDBS and LMS, licenses for aural and television broadcast auxiliary services are accessible through ULS. In addition, information regarding broadcast license renewal applications, which must be posted pursuant to §?1.62(a) of the rules, is available online via CDBS and LMS. 47 CFR 1.62(a) (requiring posting of, "in addition to the original license, any acknowledgment received from the Commission that the renewal application has been accepted for filing or a signed copy of the application for renewal of license which has been submitted by the licensee").
4 ?Online Public Inspection File, available at https://publicfiles.fcc.gov/. See 47 CFR 73.3526 (governing public file obligations of commercial full power AM, FM, and TV stations and Class A television stations); 47 CFR 73.3527 (governing public file obligations of noncommercial educational broadcast stations).
4. We also find the additional posting requirements in §§?74.765(b) and 74.1265(b) of our rules to be unnecessary for similar reasons. These provisions require that LPTV, translator, and booster stations post at the transmitter site the station's call sign; the name, address, and telephone number of the licensee or local representative of the licensee; and "the name and address of a person and place where the station records are maintained." As Nexstar notes in its comments, much of the information required to be posted under these rules is available on the station licenses or authorizations themselves, which as noted above, the public may easily access online via CDBS, LMS, or ULS. This information includes the station's call sign and the name and address of the station's licensee. Although LPTV, translator, and booster stations are not required to maintain public inspection files, they must include the contact information, including a telephone number, of personnel that may serve as a general point of contact on various Commission forms, which are publicly available via our online licensing databases. We therefore find no continued need for broadcasters to separately identify a local representative or a custodian of station records and display such information.5 Moreover, no commenter has provided any justification for continuing to require broadcasters to post or maintain at specific locations a physical copy of their licenses, authorizations, or general or local contact information.
5 ?Since we do not find that the public interest necessitates separately compiling custodian of records' contact information online, we decline to adopt HC2's proposal to modify existing Commission forms to solicit this information.
5. We further find that requirements to physically display licensing documents at the site of broadcast facilities are often ineffective. As NAB illustrates, requirements that mandate posting at the transmission site can be of little benefit to the public because certain transmission sites, including those of booster and translator stations, "are often in areas surrounded by security fencing, thereby limiting the public access to these facilities and any posted information." Further, provisions mandating that broadcasters post licenses and other authorizations at the "principal [control] point of the transmitter" have been rendered obsolete by the internet, which has enabled broadcasters to transition to dial-up or IP systems that manage their transmitter stations remotely through a smartphone or personal computer. This trend, in conjunction with the elimination of the broadcast main studio rule, has rendered the physical posting of licenses out of step with technology and our other rules. We agree with NAB that "posting physical documents at transmission facilities is redundant and provides no meaningful value to the public," and we eliminate these requirements.
[top] 6. There is no evidence in the record suggesting that eliminating license posting and related requirements would undermine any public safety objectives. HC2 explains that posted information "is often barely visible because the posting is well above eye level, or obscured by other equipment, or damaged and faded as a result of weather" and is therefore not useful during emergencies.6 In these circumstances, the contact information first responders need is readily available through the Commission databases.7 Commenters also explain that because licensees typically do not own the towers on which their antennas are placed, eliminating requirements to have licensees' information physically displayed would not likely impede a first responder's ability to contact the appropriate person during an emergency. In many cases, antenna structure registration numbers allow first responders and others to rapidly identify the owner of a tower structure in the event of a tower lighting outage, collision or other problem, removing the need for licensee contact information.
6 ?HC2 further notes that posted information often is of limited utility because it is in a different location from the site of an emergency. For example, "posted contact information at the transmitter, even if perfectly visible and accessible, is not helpful when the emergency is at the antenna site," which may be "some distance away," or vice versa. HC2 Comments at 5 ("For example, a firefighter battling a fire at an antenna site would not have any use for contact information posted at the transmitter quite some distance away.").
7 ?We acknowledge that natural disasters may in some instances limit the ability of first responders to access these databases. For instance, immediately after Hurricane Maria, over 95 percent of Puerto Rico's wireless cell sites were out of service. On a going forward basis, we commit to monitoring the impact of this rule change on first responders' ability to access the contact information they need in the event of an emergency.
7. For the foregoing reasons, we find that the provisions in parts 1, 5, 73 and 74 of our rules requiring the physical posting and maintenance of broadcast licenses and related information at specific locations are redundant, obsolete, and unduly burdensome. Accordingly, we find that eliminating these requirements, as well as associated cross-references to them and similar requirements, is in the public interest and that the benefits of eliminating these requirements outweigh any costs of doing so.
8. As required by the Regulatory Flexibility Act of 1980, as amended (RFA),8 an Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the Notice of Proposed Rulemaking ( NPRM ) in MB Docket 18-121.9 The Commission sought written public comments on proposals in the NPRM, including comment on the IRFA. The Commission received no direct comments on the IRFA. The present Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
8 ? See 5 U.S.C. 603. The RFA, see U.S.C. 601-612, has been amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), Public Law 104-121, Title II, 110 Stat. 857 (1996). The SBREFA was enacted as Title II of the Contract with America Advancement Act of 1996 (CWAAA).
9 ? Amendment of Parts 0, 1, 5, 73, and 74 of the Commission's Rules Regarding Posting of Station Licenses and Related Information, Notice of Proposed Rulemaking, 33 FCC Rcd 4757 (May 10, 2018) ( NPRM ) (83 FR 30901).
9. Need for, and Objectives of, the Report and Order. The Report and Order ( Order ) arises from a Public Notice issued by the Commission in May 2017, launching an initiative to modernize the Commission's media regulations, and the subsequent NPRM. 10 It eliminates provisions of the Commission's rules which require the posting and maintenance of broadcast licenses and related information in specific locations. Numerous parties in those proceedings argued for the elimination of these rules on the basis that they are redundant and obsolete.
10 ? See id.; Commission Launches Modernization of Media Regulation Initiative, Public Notice, 32 FCC Rcd 4406 (2017) (initiating a review of rules applicable to media entities to eliminate or modify regulations that are outdated, unnecessary or unduly burdensome).
10. Specifically, the Order eliminates: Section 73.1230, which requires broadcast stations to post their station license and other authorizations at "the principal control point of the transmitter" and prescribes the manner of such posting;?11 §?73.801, which applies §?73.1230 to low power stations;?12 §?74.1265, which requires FM booster and translator stations to physically display their call sign and other information at the antenna site;?13 §§?74.564 and 74.664, applicable to aural and television broadcast auxiliary stations,14 respectively, which require stations to post licenses and any other authorizations "in the room in which the transmitter is located" and prescribes the manner of such posting;?15 §§?74.432(j) and 74.832(j), which require remote pickup station and low power auxiliary station licensees to post licenses either at the transmitter or station control point;?16 §?5.203(b),17 which requires broadcast licensees to post experimental authorizations along with their station license; §?1.62(a)(2),18 which requires all Commission licensees, including broadcast entities, to post information pertaining to license renewal applications as well as the license itself; and §?74.765, which requires LPTV and TV translator to physically display their call sign together with the name, address, and telephone number of the licensee or local representative of the licensee and the name and address of a person and place where station records are maintained at the antenna site. Sections 74.765(a) and 74.1265(a) also contain record maintenance obligations that this Order eliminates because they are duplicative of §§?74.781 and 74.1281, respectively.
14 ?47 CFR 74.564, 74.664.
15 ?47 CFR 74.565; 47 CFR 74.664.
16 ?47 CFR 74.432(j), 74.832(j).
11. The Order also removes similar requirements and cross-references to licenses posting rules as follows: Section 0.408 (cross-referencing the license posting rules); §?73.158(b), which requires any updated descriptions of directional antenna monitoring points to be "posted with the existing station license"; §?73.801, which applies §?73.1230 to LPFM stations; §?73.1715(a), which requires broadcast licensees authorized to share time to file written agreements with the Commission and post with the station license; §?73.1725(c), requiring "the licensee of a secondary station which is authorized to operate limited time" to post approval of its limited time operating schedule with the station license); §?73.1870(b)(3), which states that "the designation of the chief operator [for full power and Class A stations] must be in writing with a copy of the designation posted with the station license. "; §?74.733(i), which states that "[t]he provisions of §?74.765 concerning posting of station license shall apply to a UHF translator signal booster . . ."; §?74.781(c), which states that "[t]he name of the person keeping [LPTV and TV translator] station records, together with the address of the place where the records are kept, shall be posted in accordance with §?74.765(c) of the rules."; §?74.787(a)(5)(viii), which applies §?74.765 to digital low power television and television translator stations; §?74.789; and §?74.1281, which references §?74.1265(b). These rule changes are intended to reduce outdated regulations and unnecessary regulatory burdens that can impede competition and innovation in media markets.
12. Summary of Significant Issues Raised by Public Comments in Response to the IRFA. No comments were filed in response to the IRFA.
13. Response to Comments by the Chief Counsel for Advocacy of the Small Business Administration. Pursuant to the Small Business Jobs Act of 2010, which amended the RFA, the Commission is required to respond to any comments filed by the Chief Counsel for Advocacy of the SBA and to provide a detailed statement of any change made to the proposed rules as a result of those comments.19 The Chief Counsel did not file any comments in response to this proceeding.
[top] 14. Description and Estimate of the Number of Small Entities to Which Rules Will Apply. The RFA directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that will be affected by the rules adopted.20 The RFA generally defines the term "small entity" as having the same meaning as the terms "small business," "small organization," and "small governmental jurisdiction"?21 In addition, the term "small business" has the same meaning as the term "small business concern" under the Small Business Act.22 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 SBA.23 The final rules adopted herein affect small television and radio broadcast stations. A description of these small entities, as well as an estimate of the number of such small entities, is provided below.
22 ?5 U.S.C. 601(3) (incorporating by reference the definition of "small-business concern" in the Small Business Act, 15 U.S.C. 632). 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 ."
15. Television Broadcasting. This Economic Census category "comprises establishments primarily engaged in broadcasting images together with sound."?24 These establishments operate television broadcast studios and facilities for the programming and transmission of programs to the public.25 These establishments also produce or transmit visual programming to affiliated broadcast television stations, which in turn broadcast the programs to the public on a predetermined schedule. Programming may originate in their own studio, from an affiliated network, or from external sources. The SBA has created the following small business size standard for such businesses: Those having $38.5 million or less in annual receipts.26 The 2012 Economic Census reports that 751 firms in this category operated in that year. Of that number, 656 had annual receipts of less than $25,000,000, and 95 had annual receipts of $25,000,000 or more.27 Based on this data, we estimate that the majority of commercial television broadcasters are small entities under the applicable SBA size standard.
24 ?U.S. Census Bureau, 2012 North American Industry Classification System (NAICS) Definitions, "515120 Television Broadcasting," http://www.census.gov./cgi-bin/sssd/naics/naicsrch.
26 ?13 CFR 121.201; 2012 NAICS Code 515120.
27 ?U.S. Census Bureau, Table No. EC1251SSSZ4, Information: Subject Series-Establishment and Firm Size: Receipts Size of Firms for the United States: 2012 (515120 Television Broadcasting), https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2012_US_51SSSZ4&prodType=table.
16. In addition, the Commission has estimated the number of licensed commercial television stations to be 1,349.28 Of this total, 1,277 stations had revenues of $38.5 million or less, according to Commission staff review of the BIA Kelsey Inc. Media Access Pro Television Database (BIA) on October 1, 2018. Such entities, therefore, qualify as small entities under the SBA definition. The Commission has estimated the number of licensed noncommercial educational (NCE) television stations to be 412.29 The Commission, however, does not compile and does not have access to information on the revenue of NCE stations that would permit it to determine how many such stations would qualify as small entities.
28 ?FCC News Release, Broadcast Station Totals as of September 30, 2018 (rel. Oct. 3, 2018) ( Broadcast Station Totals ), https://www.fcc.gov/document/broadcast-station-totals-september-30-2018.
17. We note, however, that in assessing whether a business concern qualifies as "small" under the above definition, business (control) affiliations?30 must be included. Our estimate, therefore likely overstates the number of small entities that might be affected by our action, because the revenue figure on which it is based does not include or aggregate revenues from affiliated companies. In addition, another element of the definition of "small business" requires that an entity not be dominant in its field of operation. We are unable at this time to define or quantify the criteria that would establish whether a specific television broadcast station is dominant in its field of operation. Accordingly, the estimate of small businesses to which the proposed rules would apply does not exclude any television station from the definition of a small business on this basis and therefore could be over-inclusive.
30 ?"[Business 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 21.103(a)(1).
18. There are also 1,911 LPTV stations and 389 Class A stations.31 Given the nature of these services, we will presume that all of these entities qualify as small entities under the above SBA small business size standard.
31 ? Broadcast Station Totals supra note 28.
19. Radio Stations. This economic Census category "comprises establishments primarily engaged in broadcasting aural programs by radio to the public."?32 The SBA has created the following small business size standard for this category: Those having $38.5 million or less in annual receipts.33 Census data for 2012 shows that 2,849 firms in this category operated in that year.34 Of this number, 2,806 firms had annual receipts of less than $25,000,000, and 43 firms had annual receipts of $25,000,000 or more.35 Therefore, based on the SBA's size standard, the majority of such entities are small entities.
32 ?U.S. Census Bureau, 2012 NAICS Definitions, "515112 Radio Stations," at http://www.census.gov/cgi-bin/sssd/naics/naicsrch. This category description continues, "Programming may originate in their own studio, from an affiliated network, or from external sources."
33 ?13 CFR 121.201; NAICS code 515112.
34 ?U.S. Census Bureau, Table No. EC0751SSSZ4, Information: Subject Series-Establishment and Firm Size: Receipts Size of Firms for the United States: 2012 (515112), http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2007_US_51SSSZ4&prodType=table.
20. Apart from the U.S. Census, the Commission has estimated the number of licensed commercial AM radio stations to be 4,626 stations?36 and the number of commercial FM radio stations to be 6,737, for a total number of 11,363.37 Of this total, 11,362 stations had revenues of $38.5 million or less, according to Commission staff review of the BIA Kelsey Inc. Media Access Pro Television Database (BIA) on October 1, 2018. In addition, the Commission has estimated the number of noncommercial educational FM radio stations to be 4,130.38 NCE stations are non-profit, and therefore considered to be small entities.39 Therefore, we estimate that the majority of radio broadcast stations are small entities.
36 ? Broadcast Station Totals supra note 28.
39 ?5 U.S.C. 601(4), (6).
21. Low Power FM Stations. The same SBA definition that applies to radio stations would apply to low power FM stations. As noted above, the SBA has created the following small business size standard for this category: Those having $38.5 million or less in annual receipts.40 The Commission has estimated the number of licensed low power FM stations to be 1,966.41 In addition, as of June 30, 2017, there were a total of 7,453 FM translator and FM booster stations.42 Given the nature of these services, we will presume that these licensees qualify as small entities under the SBA definition.
40 ?13 CFR 121.201, NAICS Code 515112.
41 ? News Release, "Broadcast Station Totals as of June 30, 2017" (rel. July 11, 2017) ( http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-304594A1315231A1.pdf ).
42 ? News Release, "Broadcast Station Totals as of June 30, 2017" (rel. July. 11, 2017).
[top] 22. We note again, however, that in assessing whether a business concern qualifies as "small" under the above definition, business (control) affiliations?43 must be included. Because we do not include or aggregate revenues from affiliated companies in determining whether an entity meets the applicable revenue threshold, our estimate of the number of small radio broadcast stations affected is likely overstated. In addition, as noted above, one element of the definition of "small business" is that an entity not be dominant in its field of operation. We are unable at this time to define or quantify the criteria that would establish whether a specific radio broadcast station is dominant in its field of operation. Accordingly, our estimate of small radio stations potentially affected by the proposed rules includes those that could be dominant in their field of operation. For this reason, such estimate likely is over-inclusive.
43 ?"[Business 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 21.103(a)(1).
23. Description of Reporting, Record Keeping, and Other Compliance Requirements for Small Entities. In this section, we identify the reporting, recordkeeping, and other compliance requirements in the Order and consider whether small entities are affected disproportionately by any such requirements.
24. Reporting Requirements. The Order does not adopt new reporting requirements.
25. Recordkeeping Requirements. The Order does not adopt new recordkeeping requirements.
26. Other Compliance Requirements. The Order does not adopt new compliance requirements. Because no commenter provided information specifically quantifying the costs and administrative burdens of complying with the existing recordkeeping requirements, we cannot precisely estimate the impact on small entities of eliminating them. The adopted rule revisions remove certain record keeping requirements for all affected broadcast licensees, including small entities. Numerous parties in the Modernization of Media Regulation Initiative, including all parties which commented on the NPRM have requested that the Commission remove broadcast license posting requirements and related record keeping requirements and no parties in this proceeding opposed such proposals.
28. The Order eliminates recordkeeping obligations requiring the posting of broadcast stations' license and other authorizations.45 These actions are intended to modernize the Commission's regulations and reduce costs and recordkeeping burdens for affected entities, including small entities. Under the revised rules, affected entities no longer will need to expend time and resources posting licenses and related information already available to the Commission, and most of which is publicly accessible by electronic means.
45 ? See supra Section A.
29. This document eliminates, and thus does not contain new or revised, information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13, 44 U.S.C. 3501-3520. In addition, therefore, it does not contain any new or modified "information burden for small business concerns with fewer than 25 employees" pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, 44 U.S.C. 3506(c)(4).
30. The Commission will send a copy of this Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
31. Additional Information. -For additional information on this proceeding, contact Jonathan Mark, Jonathan.Mark@fcc.gov, of the Media Bureau, Policy Division, (202) 418-3634.
32. Accordingly, it is ordered that, pursuant to the authority found in sections 1, 4(i), 4(j), 303, 309, 310, and 336 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 303, 309, 310, and 336, this Report and Order is adopted.
46 ?These rules serve to "reliev[e] a restriction." 5 U.S.C. 553(d)(1).
34. It is further ordered that the Commission's Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Report and Order, including the Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.
35. It is further ordered that the Commission shall send a copy of the Report and Order in a report to Congress and the Government Accountability Office pursuant to the Congressional Review Act (CRA).
Communications common carriers, Radio, Reporting and recordkeeping requirements, Television.
Radio, Reporting and recordkeeping requirements.
Sec. 5, 48 Stat. 1068, as amended; 47 U.S.C. 155, 225, unless otherwise noted.
[top] §?0.408 OMB control numbers and expiration dates assigned pursuant to the Paperwork Reduction Act of 1995.
47 U.S.C. chs. 2, 5, 9, 13; Sec. 102(c), Div. P, Public Law 115-141, 132 Stat. 1084; 28 U.S.C. 2461, unless otherwise noted.
§?1.62 Operation pending action on renewal application.
(2) A non-broadcast licensee operating by virtue of this paragraph (a) shall, after the date of expiration specified in the license, post, in addition to the original license, any acknowledgment received from the Commission that the renewal application has been accepted for filing or a signed copy of the application for renewal of license which has been submitted by the licensee, or in services other than common carrier, a statement certifying that the licensee has mailed or filed a renewal application, specifying the date of mailing or filing.
47 U.S.C. 154, 301, 302, 303, 307, 336.
§?5.203 Experimental authorizations for licensed broadcast stations.
(b) Experimental authorizations for licensed broadcast stations may be requested by filing an informal application with the FCC in Washington, DC, describing the nature and purpose of the experimentation to be conducted, the nature of the experimental signal to be transmitted, and the proposed schedule of hours and duration of the experimentation.
§?73.158 Directional antenna monitoring points.
(b) When the description of the monitoring point as shown on the station license is no longer correct due to road or building construction or other changes, the licensee must prepare and file with the FCC, in Washington, DC, a request for a corrected station license showing the new monitoring point description. The request shall include the information specified in paragraphs (a)(3) and (4) of this section, and a copy of the station's current license.
9. Amend §?73.801 by removing "Section 73.1230 Posting of station license".
(c) The licensee of a secondary station which is authorized to operate limited time and which may resume operation at the time the Class A station (or stations) on the same channel ceases operation shall, with each application for renewal of license, file in triplicate a copy of its regular operating schedule. It shall bear a signed notation by the licensee of the Class A station of its objection or lack of objection thereto. Upon approval of such operating schedule, the FCC will affix its file mark and return one copy to the licensee authorized to operate limited time. Such approved operating schedule shall be considered part of the station's license. Departure from said operating schedule will be permitted only pursuant to §?73.1715 (Share time).
(3) The designation of the chief operator must be in writing. Agreements with chief operators serving on a contract basis must be in writing with a copy kept in the station files.
47 U.S.C. 154, 302a, 303, 307, 309, 310, 336 and 554.
§?74.432 Licensing requirements and procedures.
(j) The license shall be retained in the licensee's files at the address shown on the authorization.
18. Amend §?74.733 by removing paragraph (i), redesignating paragraph (j) as paragraph (i), and removing the note at the end of the section.
(c) The station records shall be maintained for inspection at a residence, office, or public building, place of business, or other suitable place, in one of the communities of license of the translator or booster, except that the station records of a booster or translator licensed to the licensee of the primary station may be kept at the same place where the primary station records are kept. The station records shall be made available upon request to any authorized representative of the Commission.
21. Amend §?74.787(a)(5)(viii) by removing "§?74.765 Posting of station and operator licenses".
22. Amend §?74.789 by removing "§?74.765 Posting of station and operator licenses".
§?74.832 Licensing requirements and procedures.


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Im a news junkie. But whole listening to today's news, I lost it and had to medicate for anxiety. So I want to take a break without unsubscribeing. A way to automatically Mark a podcast listened to for x days would be very useful.
Could PA remember the folder content path and scan it for changes so that new folders/audiobooks are added/removed automatically? IMHO that is a core requirement for PA to be a viable audiobook player- a true all in one app.
It would be good if when importing audiobooks/folder content if the sort for them was AUTOMATICALLY switched to Name Asc on import.
That would save a lot of time consulting help and messing around: enabling custom sort and then going to each audiobook/folder to set it up separately.
Allow specifying the number of episodes of a podcast to be downloaded.
Automatic cleanup allows one to specify a maximum number of episodes of a podcast to be downloaded at any one time. I would like to be able also to specify the minimum number of episodes of a podcast to be downloaded at any one time.
I often use Alternate podcasts option with sorting by decreasing priority and increasing release date.
It works well with channels with similar length of their queued episodes. But with big difference of lengths, it has a side effect of prioritizing the short queues. Much newer episodes from shirt queues are played before older ones from longer queues. By other words, shorter the channel queue is, higher us the average item position in the playlist.
As a work around, I periodically "reshake" the playlist by turning "Alternate podcasts" OFF/ON and moving current episode to the top again.
The playlist ends by alternation of 2 longest channel queue, until the shorter one is used and only items from longest one remains.
IMHO, shorter queues may be wanted to be better spread along the whole playlist length.
As the next playlist item would be the first item from sorted non alternating list, but not from the same channel as the previous item.
In a list of 300 episodes in can be hard to find where I am at, and I think I need to be in the list view to add to playlist.
Double tap hide unhide or something to bring you to your current episode?
I know it's minor, but the album art picture makes my fancy customized screen look uglier, and makes the widget bigger than it has to be. Removing the picture from a version of the widget would be nice. Giving the existing art a configurable transparency would be okay too. Otherwise, I really like your widget!
Add a setting, which would automatically reset the playback progress and/or delete downloaded episodes, if they haven't been listened to in more than 30 days and are not marked as a favorite.
Add an option to choose whether to show or not the episode covers (if I've shown podcast banner it doesn't make much sense to show the same cover all over again if it doesn't change) and to show or not only the episode title, hiding their description so we can see more episodes per page.
Episodes from different podcasts are mastered at different volume settings. It would be good to have an automatic volume level control, so that all episodes in playlist play back at the same volume level.


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TIME TO JUMP ON BANDWAGON
THE ORLANDO SENTINEL
Since the face lift of the F.W. Woolworth building in 1985 launched the restoration of downtown DeLand, the city's central business core has become a gem of redevelopment and a guidepost for similar efforts.
DeLand is a great example of what can be done to reinvigorate a traditional downtown. Its success has been recognized nationally as well as statewide.
The transformation of the city's main business corridor is a point of pride for the surrounding community and has served as an example for projects such as Beach Street in Daytona Beach and Canal Street in New Smyrna Beach.
Now if only other cities in southwest Volusia County would look to DeLand and find inspiration.
DeBary, and Orange City to a lesser extent, have talked about creating some kind of central gathering place for their residents, but very little has happened.
Deltona has talked about its lack of a strong sense of community, but there has been no consensus on how to fix the problem and little interest of late in doing something.
These cities do not have traditional downtown areas to build upon, as does DeLand, but they can examine DeLand's approach, which included creating a MainStreet program, setting up a special taxing district to plow money directly into a redevelopment area and getting businesses involved.
The payoff is great, not only in a stronger sense of community but also in a long-term boost to the local economy.
A stroll though downtown DeLand is evidence enough.
Demand for retail space is high, with first-floor occupation at an astounding 98 percent. When a business closes, another often is waiting to take its place.
Pedestrian traffic has picked up noticeably. Nearly three dozen eateries serve the area.
Business has even picked up at night, despite the city's reputation for rolling up its sidewalks at 6 p.m.
Downtown DeLand has become the gem of west Volusia. Its success should encourage other cities to envision what they might do to transform their communities.

redpajama_set_name: RedPajamaCommonCrawl


A Tomb Raider in Iqaluit?
If you read our own individual blogs, some of you may have heard that Ian and I had a houseguest for a few weeks. That's right, Angelina Jolie was visiting us as part of The Jolie Pez Project. There's even more details about the whole shebang – including some of the participants – right here. It was a disastrous an interesting experience, to say the least. The Jolie can certainly be a handful, as you may have read about on my blog, and on Ian's.
But I also read that there aren't any muskox in Iqaluit, so I'll have to venture out further. I took a peek at a map that my hosts have, and plotted my course. With the right transportation, I could be hauling a fresh kill back by sundown tomorrow.
Due to the cold temperatures up here, Suzanne made me a parka. I was thankful for it, but didn't want it to hide my radiant beauty from the world, so I never fastened it up tight.
From my vantage point, I could see something across the way…a group of…animals perhaps? I'd have to head back to my hosts and return here later – when it was dark.
I snuck out of the apartment while my hosts were cooking dinner. When I returned to the location I had found earlier, I confirmed that there were a number of large dogs…they must be sled dogs! Why they would be perfect! I could hook them up as a team, and they could pull me out on to the land to hunt the mighty muskox!
Of course, I don't have a sled…so what else could I do? Then I heard it…the rumbling of a huge snow machine. I turned quickly and saw a man heading towards me on his snowmobile.
But he was just too fast. I couldn't get to him before he drove off. I was sad. At least until I heard what would possibly be my way out. A loud rumbling from afar caught my attention and I walked towards the sound. Of course! The airport! This will be my way out of Iqaluit and up to the high Arctic so I can find muskox!
I decided to return to the apartment so as not to arouse the suspicion of my hosts. I would have a good night's sleep and set out.
The next morning, I headed back out to the airport. I realized that I would not be able to fly further north…I must have lost my wallet back in New Brunswick in the dulse bin. Foiled!
Another setback, but not to fear. I noticed a snow-covered mountain that if I scaled, I would be able to see for miles and perhaps come across something to hunt nearby. It was becoming quite evident that the muskox was not to be my prey…and so I climbed.
From the top, I had a great vantage point for wildlife that might be in the area. As I kept my eyes peeled for movement, I noticed something back down at the base. Tracks! Huge tracks! These had to be those of a polar bear for sure. I rappelled down the cliff quickly and rushed to where I saw the tracks. They turned out not to be those of polar bears, but of the local ravens. Those birds are huge! I mean, I'm easily 5′ 10″…and I felt dwarfed by the size of the tracks. Perhaps I could perfect my hunting technique with them…after all, they were everywhere in this city.
Just as I was about to hijack another passing snowmobile rider, I noticed the sun was beginning its descent behind the hills. The day is nearing its end. And soon I will be leaving Iqaluit. Perhaps one day I will return to this land of stark beauty. Of cold ice and snow. Of huge pterydactol-like birds.
Yes it's 3pm Saturday November 20th and I'm still blogging. I'm sitting here in the corner of our empty living room munching on a ham & cheese sammich that AC made for me, chugging down what's more than likely one of the last pops I'll be having in a long while – least till I find my hook up in Iqaluit. Yes I'm a popaholic and like any true addict I'll find my fix one way or another up there. I'm looking at the few Rubbermaid bins laying around with various wares in them and am kinda taken aback at how easy the packing and moving went yesterday.
Wilke Movers Ltd came knocking on our door promptly at 8am. The three man crew of fellas (whose names I can't quite remember) flew through our apartment in a flurry of packing paper and cardboard cartons. They were so bloody quick that for most of the morning Suzanne and I were on our toes trying to keep them from packing some things we wanted to have on hand away. They seemed somewhat unchallenged by the packing job put before them and often asked us several times if we were sure there wasn't anything else they could bag and tag. Their zealous approach allowed them to have most of our life boxed up in about 3 hours. They finished early and bid us good luck up north. It was 11:45am and they said the movers probably be around at 12:30pm. We thought we'd have a little bit of time to do some last minute sorting but lo and behold, as the clock tolled 12pm the movers arrived full of life and ready to do some heavy lifting.
Once again we were running around like chickens with our heads cut off as the movers scurried in and out of our apartment like little worker ants. There were pleasantly thorough with their inventory cataloging and care for our stuff. Poor Suzanne couldn't witness the controlled chaos of the movers firsthand because she had to make a last minute dentist's office visit. Let's just say that she took longer getting her teeth worked over than it took for them to load the truck. Our modular existence made our move insanely quick. They were handing me the papers by 2pm. She returned home at around 3:30pm all drugged up and achy and we took the foot off the gas a bit and worked at a snail's pace sorting the little amount of belongings we had left. We had an engagement set up for 8pm with some friends, but the stress of the day of moving caught up to us big time. Although running on little sleep and even less food we weren't about to let our adoring friends down.
I have to admit. It wasn't quite how I expected my last Friday night in Ontario to be. I feel rotten for being the crap on the shoe near the tail end of the evening, but as the night progressed (or devolved from my point of view) I slipped further and further into a grimy and unpolished mood. I certainly wasn't my normal chipper self. You know how you sometimes have to put on the smile even when you're really not in the mood to, just to not disturb the flow of the evening? Well my ability to do so came to a crashing stop at roughly 11:30pm. Having started the festivities at a bar… no correct that… a good ole boy watering hole I should have know a tailspin was imminent. It was apparently "hip hop night" in the redneck bar which I found to be painfully ironic. Even though it was deemed "hip hop night" I think I heard maybe 3 or 4 actual hip hip songs in the short time we were there. I suppose that was a blessing in disguise considering I'm one of those blasphemous black people who doesn't care for hip hop all too much. Being the only person of color in there though (and an inescapable New Yorker for life) let's just say my radar was on uber-sensitive. After witnessing some of KW's drunken finest on the dance floor and mowing through a pretty sad batch of nachos, I was pleased to see another brutha show up. Unfortunately he didn't seem too thrilled to be there either. The conversations at our table centered around work, the people at work and the experiences at work. The problem was I didn't work there. These were my wife's work friends so I was kind of in smile-and-nod mode while I nursed my Blue. Don't get me wrong. I dig my wife's work friends and love them to death but when they get into chatty-office-talk mode, I end up tuning out and drifting off into Ian's make believe world.
Anyway, no one was really having a great time at the roadhouse so the entourage decided to pick up camp and move the party to another location. Word of advice for people out there who have friends who like karaoke. Do not go with the flow if that's not your bag. They won't take offense and you'll end up saving yourself a lot of pain and torture in the process. I should have taken my own advice. Maybe it was the fact that I was over-tired or maybe I was just so desperate to hang out with them that I went along with the crowd like a silly little lemming. We ended up at yet another local dive called The Corner Pub. Yes… it's actually on the corner of Charles street and Ottawa. I'll openly admit it wasn't nearly as bad as the other place. In fact it was quite cozy, welcoming and friendly. I've never been one for the bar scene anyway so I went in with a chip on my shoulder. Add to the fact that it was karaoke night, that spelled the untimely death of Happy Ian. Karaoke is Japanese for tone deaf. Did you know that? Despite some rather surprising performances by Jimmy and Laura, my night was spent listening to the unmerciful massacring of good songs by the locals. Once again work-talk followed us all the way from the roadhouse and continued at the Corner Pub. Jimmy, my only source of non-work related conversation, was too busy making new friends and showing off his vocal talents so I just sat there watching muted hockey on the big screen.
Did I ever mention how much I LOVE hockey?
Anyway the night pretty much ended with me throwing in the towel and heading back to AC's house for the night with Suzanne. I felt bad being the stick in the mud but I was totally out of my element. I recall sitting there most of the night wondering what the cats were doing back at home. It's sad that I probably would have had a better time in the empty apartment with the cats than I did at those lovely bars. If I had it to do all over again, I wouldn't change a thing though. It was great seeing everyone one last time and I wouldn't trade that in for anything. I'm just sorry I was such a downer for most of the evening.
We've been doing a lot of gearing up in the past couple of days. Purchased a lot of items to ensure that we will be able to withstand the extreme frigid conditions that we're likely to face in the coming months.
But, there were some other pieces of equipment that are very important for us to remember – and those are the cat carriers. Since Sophie will be staying with my brother until either we get down to Ontario again to bring her back to Nunavut, or someone else is able to bring her up to us, we purchased two carriers for the kittens (who really are no longer kittens).
We had really hoped that they would take to the carriers well – so to prepare them, we've been leaving them open in the living room so that they can try them out.
We think they've taken to them quite well…don't you?


text:
@interface ActionRequestHandler : NSObject <NSExtensionRequestHandling>

@end

redpajama_set_name: RedPajamaGithub


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Louisville Residents: Are You at Risk of a Fatal UPS Truck Accident?
We commonly see all kinds of delivery trucks on the road in northern Kentucky. But while FedEx vans, postal trucks, and courier services are all a daily occurrence on both highways and city streets, you're much more likely to see UPS trucks on the roads—meaning you may be more at risk of suffering a serious UPS truck crash.
Take the case of a fatal Louisville UPS truck accident that took place last year. Nineteen-year-old Brandon Mudd was driving a Chevy Impala east on West Kenton Street near Churchill Downs on December 2, 2013. According to police, a UPS truck traveling down South Third Street struck the Impala on its side in the intersection of the two roads.
Mudd was in a coma after the accident and died two weeks later. His passenger, 19-year-old Kendall Daub, sustained critical injuries in the accident and was declared dead at the scene. Police reported that neither victim had been wearing seat belts at the time of the crash. The UPS driver was also injured, but was successfully treated for non-critical injuries.
Why are these kinds of accidents more common for Kentuckians? Louisville is the home of the worldwide air hub for UPS, meaning more trucks are traveling to and from the airport every day. If your daily commute takes you past this major shipping corridor, chances are you're traveling alongside a UPS driver struggling to meet a tight deadline.
Our attorneys and staff are deeply saddened by the loss of these young lives, and urge all drivers to stay as safe as possible on the roads. Keep your family safe from truck accidents by reading our related links and by sharing our articles with your friends on Facebook.
The Speed Guarantee: How Delivery Trucks Can Cause Fatal Crashes
UPS Tractor-Trailer Crash Shuts Down I-75
Why Overloaded Trucks Are a Menace to Smaller Cars


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Hamilton and Burr : Compare and Contrast
This Hamilton and Burr : Compare and Contrast lesson plan also includes:
Who were Aaron Burr and Alexander Hamilton? High schoolers examine the character traits of these historical figures and watch the video, The Duel. Hamilton vs. Burr: An Event that Changed History (available from PBS), to gain an understanding of the relationship between the two. Learners complete their investigation by crafting an essay in which they compare and contrast Burr and Hamilton. Modification: You may be able to use another media source in place of the video.
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character traits, characters, compare and contrast, aaron burr, alexander hamilton
aaron burr, alexander hamilton, character traits, compare and contrast, early political leader, discussion sources, english language arts
Romeo and Juliet and West Side Story - Compare and Contrast
West Side Story, the modern retelling of William Shakespeare's Romeo and Juliet, won ten Academy Awards for its rousing depiction of the tale of star-crossed lovers. But how closely does the plot align to its source material? Compare and...
8th - 12th English Language Arts
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Everyone learns and experiences life differently. A set of lessons about character intensities encourages middle and high schoolers to analyze themselves, their peers, and characters from a book based on the five listed intensities:...
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Two stories by Roald Dahl, "Lamb to the Slaughter" and "The Landlady" provide readers an opportunity to compare stories by the same author. After a close reading of the stories, teams select a character from one of the tales, craft...
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Planning for Compare/ Contrast in Jane Eyre
What similarities and differences can your readers find in Bertha Rochester and Jane Eyre? They take notes for each character in the space provided, and then they record some similarities and differences. Although the idea behind this...
An Introduction to Alexander Hamilton's The Federalist Papers
Although three men wrote The Federalist Papers, over half of the 85 documents were written by one man—Alexander Hamilton. Part of a larger playlist on the world's greatest ideas, a video summary of Alexander Hamilton's The Federalist...
A Boxful of Character
I can't wait to try this activity with my class. It's versatile and could be modified to fit any character analysis lesson. To analyze characters thoroughly, learners create life boxes. Each box will pertain to a character from any...
We the People Focusing on Details: Compare and Contrast
Even the most inspiring documents in American history had to go through a few drafts before they were ready for publication. Reinforce the importance of the writing process, as well as the collaborative nature of democracy, with an...
Pbs Learning Media: Hamilton's America: An Immigrant's Story
Learn about Alexander Hamilton's upbringing, his journey as an immigrant from the Caribbean to North America, and observe how it is portrayed in the musical Hamilton in this clip (4:49) from GREAT PERFORMANCES: "Hamilton's America."...
Learn about Alexander Hamilton's upbringing, his journey as an immigrant from the Caribbean to North America, and observe how it is portrayed in the musical Hamilton in this clip from GREAT PERFORMANCES: "Hamilton's America." Students...
Read Write Think: Tale of Text Messages: A Character Study of a Tale of Two Cities
Learners engage in a character study of the numerous figures created by Charles Dickens in A Tale of Two Cities. They compare and contrast several forms of communication: email, text message, and telephone; complete a character study...


Allegany, NY Rita Mae Eaton of 3508 Five Mile Road passed away Tuesday, (January 22, 2019) in the loving presence of her family.
Born May 20, 1926 in Allegany she was the daughter of Fred and Lena Gallets Nenno. On May 24, 1945 at St. Bonaventure in Allegany she married Alfred J. Eaton who predeceased her on December 10, 2013.
Rita started her education in a one room school house on the Four Mile Road and graduated from Allegany Central High School. While in high school she was part of a group of young women who called themselves the "Laugh-A-Lots". This group stayed close throughout her lifetime. After she graduated from High School in 1943 she attended Cosmetology School in Buffalo and worked as a hairstylist at the "Powder Puff Salon" in Olean. She was a loving wife, mother, grandmother and great grandmother and enjoyed her family. Rita also held office positions in two family businesses, Henley Square Co., Inc. and Alfred J. Eaton Development Co., Inc.
Surviving are two daughters Joan (Kenneth) Strotman of Fredericksburg, VA., and Jeanette (Jeffrey) Preston of Olean; three sons, Edward Eaton of Olean, Alfred (Kathryn) Eaton of Fredericksburg, VA., and Joseph (Linda) Eaton of Spartanburg, SC.; 13 grandchildren; 21 great grandchildren; a very special niece Marcia Nenno; a very special nephew Patrick Eaton; and several nieces and nephews.
In addition to her husband she was predeceased by one brother Louis Nenno, and three sisters, Blanche Granger, Kathleen "Kassie" Eaton, and M. Evelyn Harris.
Friends will be received at the Casey, Halwig & Hartle Funeral Home 3128 West State Road, Olean on Friday, February 1, 2019 from 5 pm to 8 pm. Funeral Services will be held Saturday, February 2, 2019 beginning with a prayer service at 9:00 am in the funeral home followed by a Mass of Christian Burial at 9:30 am at St. Bonaventure Church. Fr. James Vacco, OFM, pastor, and Fr. David Tourville of the Basilica of St. Mary of the Angels will concelebrate. Burial will be in St. Bonaventure Cemetery.
Memorials, if desired, may be made to St. Jude Children's Research Hospital, 501 St. Jude Place, Memphis, TN 38105, or to the Alzheimer's Association of WNY, 2805 Wehrle Drive Suite 6, Williamsville, NY 14221.