468 Federal Oom'lllJUniaations Oommission Reports F.C.C.69-953 BEFORE THE FEDERAL COMMUNICATIONS COMMISSION WASIDNGTON, D.C. 20554 In the Matter of AlvIENDMENT OF SECTION 73.316 (f) OF THE COMMISSION'S RULES To REMOVE (!'HE RE QUIREMENT FOR FILING AN AM APPLICATION IV-HEN AN FM APPLICANT PROPOSES To SIDE-MoUNT AN FM ANTENNA ON A STAND ARD BROADOAST S'rATION TOWER WITHOUT INCREASING THE OVERALL HEIGHT OF THAT STRUCTURE ORDER (Adopted September 4,1969) ByTHE CO>f>fISSION : COMMISSIONER JOHNSON ABSENT. 1. At the present time, section 73.316 (f) of the rules requires the filing of an AM application.for construction permit or modification of construction permit when it is proposed to side-mount an FM antenna on an existing standard 'broadcast station tower, whether or not such installation requires a change in the tower height of the supporting structure. Practice has demonstrated that such AM applications serve no useful purpose where no change in height of the AM towers occur, and are not necessary to the processing of the FM applications. Too, it must be noted that the construction J;>ermit issued after the approval of the FM application always contams conditions that the standard broadcast statIOn shall determine the operating power by the indirect method during construction of the FM broadcast station antenna, and there is a reqUIrement to remeasure the antenna resistance and current after installation of theFM broadcast station antenna on the standard broadcast station tower, and report the results of such measurements on F.C.C. form 302. 2. In view of the above, and the fact that the present requirement is burdensome and uilllecessary, the Commission finds that it is in the public interest to amend sectIOn 73.316 (f) of its rules to abolish the requirement of the filing of an AM application when an FM station is sinlply side-mounting an FM antenna on an AM tower and not in creasingthe overall height of the structure. 3. Authority for the adoption of the amendment herein adopted, is contained insections 4 (i) , 303 (f) , and 303 (r) ofthe Communications Act of 1934, as amended. 19 F.e.C. 2dl Broadoast Antenna; Systmn Applioation Requirements 469 4. Because the chllJlge in our rules herein ordered is purely proce dural in nature and relaxes an existing requirement, complillJlce with the usual notice llJld effective date provisIOns of the Administrative Procedure Act (5 U.S.C. 553) is unnecessa.ry and would serve no usefu1 purpose. 5. In view of the foregoing, It is ordered, That effective Septem ber 12, 1969, section 73.316 (f) of the Commission's rules and regula tions Is a;mended. FEDERAL COMMUNICATWNS COMMISSION, BEN F. WAPLE, Seoreta;ry. 19 F.e.e. 2<1