Television digest with AM-FM reports (Jan-Dec 1951)

Commission’s flexibility in reaching final determinations with respect to assignments still in issue.” Accordingly, the Commission proposes to consider, on a case-to-case basis, requests by existing stations for special temporary authority to increase coverage beyond that permitted under the “freeze” policy. The following considerations will be applicable to such requests for special temporary authority: (a) Community stations are permitted, pursuant to Sec. 3.603 of the Commission’s Rules, to operate with a maximum effective radiated power of 1 kw and with an antenna height of 500 feet above average terrain. The Commission will consider requests by existing community stations (three in number) operating 500 watt transmitters with less than 500 watts power output for special temporary authority to increase transmitter power output to that figure, provided that the effective radiated power may not exceed 1 kw. Transmitters of more than 500 watts rating will not be authorized. (b) Section 3.604 of the Commission’s Rules permits metropolitan stations to operate with effective radiated power not in excess of 50 kw with antenna height of 500 feet. However, under the provisions of said Section, antenna heights in excess of 500 feet are permissible but such grants may be subject to reduced effective radiated power “so that the coverage (within the 5000 uv/m contour) shall be substantially similar to that which would be provided by 50 kilowatts effective radiated peak power and a 500 foot antenna.” Under this rule antenna heights in excess of 500 feet have been authorized, but the Commission has until now limited effective radiated power so that the reduced power and increased antenna height would provide equivalent 5000 uv/m coverage. The Commission now will consider requests by metropolitan stations operating 5 kilowatt transmitters at less than 5 kilowatt power output for special temporary authorization to increase transmitter power output to that figure, provided (1) the effective radiated power may not exceed 50 kilowatts and (2), where antenna heights exceed 2000 feet, the Commission may limit effective radiated power to less than 50 kilowatts. (c) Section 3.605 of the Commission’s Rules provides for rural stations serving areas more extensive than those served by metropolitan stations, where the additional areas served are predominantly rural in character. This rule does not limit the powers and antenna heights of such stations and, prior to the “freeze,” applications therefor were considered on a case-to-case basis. The Commission will consider requests by rural stations to use the same power proposed for metropolitan stations in subparagraph “(b)” above. (d) Grants made in accordance with the provisions of subparagraphs “(a),” “(b)” and “(c)” above will be issued subject to the condition that they are without prejudice to any determination which the Commission may hereafter make with respect to outstanding proposals concerning Appendices A, B, C and D of the Third Notice. (e) Special temporary authorizations issued pursuant to the above requests, and extensions thereof, will be limited to periods not in excess of six months. (f) Applications by stations for changes in their classification will not be granted. 9. Applications filed by existing stations for changes of transmitters and antennas will, therefore, be considered in accordance with the existing “freeze” order, and requests for operation of authorized equipment beyond the limits of the “freeze” policy will be considered for temporary periods in accordance with the procedure described above. Since amendment of our rules to provide for this procedure constitutes an amendment relating to practice and procedure before the Commission, and constitutes a statement of policy, under Section 4 of the Administrative Procedure Act proposed rule making is not required and said amendment may be made effective immediately. Accordingly, it is ordered, this 25th day of July, 1951, that effective immediately. Section 1.371 of the Commission’s Rules and Regulations is amended so that subparagraph “(b)” of footnote “8a” (designated footnote “10” in the Code of Federal Regulations) shall read as follows: (b) Formal applications pending before the Commission and those hereafter filed for modification of existing permits or license will be considered on a case-to-case basis and Commission action thereon will depend on the extent to which they are affected by the issues to be resolved in the proceedings bearing Docket Nos. 8736, 8975, 9175 and 8976. Such formal applications will be considered on the basis that neither the coverage within the 500 uv/m contour nor the effective radiated power shall exceed that authorized on September 30, 1948; applications requesting greater coverage or power will be given consideration on the basis of partial grants within these limits. Licensees and permittees of television stations may apply by letter or other informal application for special temporary authority (STA), and for extensions thereof, for periods not in excess of six months, to operate under the following terms and conditions: (1) Community television stations operating 500 watt transmitters with less than 500 watts power output may apply for special temporary authority to increase transmitter power output to that figure; provided that the effective radiated power may not exceed 1 kw. (2) Metropolitan and rural television stations operating 5 kilowatt transmitters at less than 5 kilowatts power output may apply for special temporary authority to increase transmitter power output to that figure. In no event may the effective radiated power of a metropolitan or rural station exceed 50 kw. Where the antenna height of a metropolitan or rural television station exceeds 2000 feet above average terrain, the effective radiated power of such station may be limited to less than 50 kw. (3) Applications by existing television stations for changes in their classifications will not be granted. (4) Any authorization issued pursuant to the above subparagraphs shall be granted subject to the condition that it is without prejudice to any action the Commission may take with respect to outstanding proposals concerning Appendices A, B, C and D of the Third Notice of Further Proposed Rule Making and that such authorizations will either be modified to conform with any final determinations reached by the Commission in said proceeding, or will be cancelled. FEDERAL COMMUNICATIONS COMMISSION (Commissioner Jones dissenting.) 3