FCC Begins Review of 1996 Rules

The FCC is reviewing rules it adopted in 1996 that have, or might have, a significant economic impact on a substantial number of small entities. Several of the rules listed in Public Notice (DA 06-1863) affect broadcasters. The review will determine whether the rules should be amended, rescinded or left as is.

Among the regulations under scrutiny is Section 1.1307(e), which relates to preemption of regulation by a state or local government of personal wireless service facilities based on the environmental effects of RF.

Part 17 rules, including those regarding the antenna structure registration (ASR) program, will also be reviewed. These affect the interrelationship between the ASR program and station application processing, responsibility for painting and lighting antenna structures and actions and recordkeeping necessary should licensees or permit holders become aware of antenna structure painting or lighting problems.

Part 25 regulations being examined establish procedures for filing applications for special temporary authority involving construction or alteration of earth station antennas where compliance with FAA requirements may be required. Other Part 25 regulations are also being reviewed.

Part 73 rules requiring Antenna Structure Registration numbers be supplied with applications for a broadcast station construction permit, CP modifications for a new facility or a change in an existing facility are also being studied.

Several Part 101 microwave rules are being reviewed, but do not appear to directly affect broadcast auxiliary microwave services.

The FCC invited the public to file comments on these rules.

With the goal of minimizing economic impact on small business entities, the commission will consider continuing need for the rule; the nature of complaints or comments received concerning the rule; rule complexity; overlapping and/or conflicts of the rule with other federal rules and/or state and local rules. Also being studied is the length of time since the rule was evaluated for impact by technological or economic conditions, or other factors that may have changed since the rule was put into place.

The comment period will close 60 days after publication of the Public Notice in the Federal Register.