Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
FCC 71-l'l23
07744
In the Matter of )
)
Amendment of Part 73 of the Commission's )
RUles to provide a one-hour advancement )
in the sign-on times of daytime AM broad- )
cast stations to recoup the morning hour )
lost by the enactment of year-around Day- )
light Saving Time. )
Docket No. 19902
NOTICE OF INQUIRY AND PROPOSED RULE MAKING
Adopted: December lR. 1973: Released: December 20. 1973
By the Commission:
1. By Public Law apnroved December 15, 1973. and eff&ctive
January 6, 1974 (PL 93-182), Daylight Saving (advanced) time
will be observed throughout most of the nation, on a year-around basis,
through the last Sunday of April, 1975. This legislation, adopted as an
energy conservation measure, amends the Uniform Time Act of 1966, under
which most of the country heretofore observed advanced time for only six
months each year.
2. The adoption of year-around advanced time will affect the
early morning operations of the approximately 2274 daytime stations in the
United States, and particularly those 624 daytimers not holding pre-sunrise
service authorizations (PSA's). Of this 624, 346 are ineligible for PSA's
under current regulations. Another 278 are technically eligible for PSA' s
but have not applied --in most cases because the pre-sunrise operating
benefits available to them under present regulations are highly marginal
in terms of permissible sign-on times and power levels. Under the new
legislation, and absent remedial action by the Commission, the sign-on
times for these 624 stations, and for Class II daytimers generally, would
be delayed a full hour in relation to community clock time during the
October-April portion of theyear~For example, a 7:30 a.m. sign-on in
January will become an 8:30 8.m. advanced-time sign-on. Revenue 'losses.
from loss of the "drive-time aUdience may adversely affect the financial
viability~fan undetermined number of daytime stations.
3. In recognition of this problem, the Congress has, in section
6 of PL 93-182, provided as follows:
Sec. 6. Notwithstanding any other law or any regulation
issued under any such law, the Federal Communications
Commission shall, consistent with any existing treaty or
other agreement, make such adjustment by general rules,
or by interim action pending such general rules, with
respect to hours of operation of daytime standard ampli 
tude modulation broadcast stations, as may be consistent
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o
with the publicls interest in rece1v1og interference 
free service. Such general rules, or interim action,
may include variances with respect to operating power
and other technical operating characteristics. Subse 
quent to the adoption of such general rules, they may
be varied with respect to particular stations and areas
because of the exigencies in each case.
By companion Order released today in this proceeding, we have attempted to
provide the interim relief contemplated by this legislation pending the
completion of general rule making and the outcome of negotiations with for 
eign governments concerning stations presently precluded, by foreign clear
channel protection reqUirements, from obtaining the one-hour advancement.
4. The pre-sunrise operating benefits obtainable under present
rules are an outgrowth of three major rule making proceedings and compan 
ion international agreements reached with Canada and Mexico over the past
six years. Report and Order in Docket No. 14419, 8 FCC 2d 698 (1967);
First Report and Order in Docket No. ,18023, 14 FCC 2d 393 (1968); Report
and Order in Docket Nos. 17562, 18023, and 18036 (1969); 1967 agreement
with Canada concerning pre-sunrise transmission in the standard broadcast
band (TIAS-6268); and 1970 agreement with Mexico concerning pre-sunrise
transmission in the standard broadcast band (TIAS-7021). In general terms,
the pre-sunrise operating' benefits for daytimers which have resulted from
these proceedings and agreements are as follows: Of the 1650 daytime sta 
tions holding PSA's, most are Class III stations assigned to the 41 region 
al channels shared with a lesser number of fulltime stations. Their PSA's
permit a 6:00 a.m. local time sign-on, with a power of 500 watts (or less
when necessary to meet foreign station protection requirements). A sub 
stantial (but lesser) number of daytimers holding PSA's are assigned to
U.S. and foreign clear channels. Their sign-on times are regulated by sun 
rise times at the co-channel dominant stations to the east, with power re 
duced to afford interference protection to the co-channel station(s) to the
west. In no event does a PSA permit a sign-on time earlier than 6:00 a.m.,
local time, or an operating power in excess of 500 watts. Because of the
added time and power limitations normally applying to daytimers assigned
to clear channels, they are more seriously affected by the new legislation
than are the daytimers on regional channels.
5. The problem of greatest urgency is the status of the 346 day 
timers currently ineligible for pre-sunrise operating privileges in any
form. These include Class II stations assigned to Canadian and Bahamian
I-A clear channels; Class II stations assigned to U.S. I-A clear channels
and located east of the dominant station; Class II stations located within or near
the 0.5 mV/m 50% skywave contours of co-channel U.S. I-B clear channel sta-
tions; and Class II stations so located that they cannot meet foreign co-
channel protection reqUirements.
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6. The majority of these "ineligiblesll (243) are assigned to the
seven Canadian and one Bahamian I-A clear channels: 540 kHz, 690 kHz,
740 kHz, 860 kHz, 990 kHz, 1010 kHz, 1540 kHz, and 1580 kHz. For the time
being, and pending the outcome of international negotiations being ini 
tiated at this time, we are unable to offer any relief to licensees in this
particular category. While we are keenly aware of the economic and compet 
itive dislocations involved, these stations will, until further order of
the Commission, be required to continue to observe the standard Cnon-ad 
vanced) sign-on times presently specified in their licenses for each month
of the year.
7. Most of the remaining 103 lIineligibles" are Class II day 
timers assigned to frequencies on which the United States has I-A and I-B
clear channel priorities. As to stations on these channels, it is possible
to grant relief, where none now exists, without further negotiations with
foreign governments. This has been done on an interim, reduced-power basis
in the companion Order released today in this proceeding. (These stations
are presently ineligible for PSA's either because they are located within or
near the 0.5 mV/m 50% skywave cooto= of a co-channel Class I-B ·c:n.ear
channel station, or are located east of a co-channel I-A, the latter being
protected by exclusivity of assignment rather than by defined service
contours) .
8. It is apparent that earlier Sign-on times at Class II day 
timers on these clear channels will result in skywave interference to the
dominant station assignments. This will be true whether the interference
is calculated under the "second hour" curves normally used in determining
nighttime interference, or under diurnal curves which show less inter 
ference impact than conventional nighttime computations. Whether these
losses of areas and populations to interference should be regarded as
serious t1epenoe on how many rural listeners presently rely on the clear
channel services available to them and the importance attached to those
services. We have no recent information concerning the listening habits
of rural residents in this regard. In any event, whatever skywave inter 
ference may result from new co-channel Class II operations during the
early morning hours will lessen with the approach of sunrise. Moreover,
it will be minimized by the power ceilings proposed in paragraph 9, infra.
9. In view of the overriding objectives of PL 93-1R2, we have
tentatively determined that a new class of pre-sunrise service authoriza 
tion should be created, to be known as lItemporary pre- sunrise service
authorizations
ll
(TPSA' s). A TPSA, if granted, would provide the one-hour
advancement in sign-on times comtemplated by Congress. It would be issued
to PSA holders and non-PSA holders alike, except that persons eligible for
a PSA would be required to obtain one as a condition precedent to obtaining
aTPSA. Class III PSA-holders assigned to regional channels, as well as
Class IIPSA~holdersassigned to Mexican I-A clear channels, may already,
under section 73$99 of the rules and the terms of their PSAls.commence
operation as early as 6:00 a.m. local time. Hence, there would be no need
for stations in these two categories to apply for TPSA's. Requests for
TPSA's filed by other Class II daytimers would be processed under amend 
ments to the existing PSA rule (section 73.99),as follows:
* *
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* * *
(j) During the effectiveness of national legislation requiring a
one-hour time advancement between the last Sunday ofOctob~r
and the last Sunday of April, licensees and permittees of
Class II daytime stations, except those stationsassigned to
Canadian and Bahamian I-A clear channels or whose sign-on
times are regulated by sunrise times at foreign I-B clear
channel stations to the east, may request, by letter, a
temporary pre-sunrise service authorization (TPSA). If
granted, the TPSA shall specify a one-hour advancement in
the regularly licensed or PSA sign-on times, as appropriate,
and shall be subject to the following requirements and
limitations:
(1) The starting time shall be no earlier· than 6:00 a.m.,
local time.
(2) For TPSA-holders ineligible for a PSA, the operating power
shall not exceed 50 watts: Provided, That upon a showing
that the need for the extended service outweighs the inter 
ference to the clear channel stations concerned, operating
powers of up to 100 watts may be authorized.
(3) For TPSA-holders holding PSA's, the operating power shall
correspond to that authorized in the PSA.
(4) No request for a TPSA shall be granted to a licensee or
permittee eligible for, but not holding, a PSA.
(5) TPSA's issued under the provisions of this paragraph shall,
up to operating powers of 50 watts, be granted without re 
gard to co-channel skywave interference caused to Class I-A,
Class I-B, and Class II fulltime co-channel stations in the
United States..
(6) Foreign nighttime interference protection requirements, as
defined in international agreements to which the United
States is a party, shall be observed.
(7) Any request for a TPSA shall describe the method whereby
the power reduction will be achieved, shall identify for 
eign fulltime stations (if any) on the channel, and shall
include calculations to establish that operating as pro 
posed, no objectionable interference to foreign stations
will result.
(8) Authorizations issued under this paragraph shall confer
no interference protection on the holders thereof, and
shall otherwise comply with the prOVisions of paragraphs
(el, (f), (g), Ih), and Ii) of this section.
10.
together with
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We invite comments on the specific proposal outlined above,
the following related matters:
(a) A substantial number of daytime AM licensees and permittees
have co-owned, unlimited-time FM broadcast stations assigned
to the Same or nearby communities. In view of their present
ability to render an early morning service in the FM band,
should they be eligible for TPSA's on the same footing as
daytimers with no FM affiliation?
(b) There are 52 daytime stations holding PSAI S whose pre-sun 
rise powers are limited to less than 50 watts in order to
afford 0.5 mV/m 50% skywave protection to U.S. Class I-B
clear channel stations.* In addition, there are 105 more
daytimers on these channels which are restricted as to
bOUTS only;i.e.~with permitted sign-on times delayed be 
yond 6:00 a.m. Finally, there are more than
275 daytimers technically eligible for PSAI S but which
have neverapplied~Analysis of the latter group shows
that approximately half, if they applied, would be limited
to PSA operating powers of less than 10 watts and/or signif 
icant restrictions as to time. The question thus presented
is whether an effort should be made in this proceeding to
place these 432 stations on the same power footing as pres 
ently ineligible stations which, presumably, will be apply 
ing for IPSA1s. The comments of interested parties on this
aspect of the problem are requested.
(c) Fulltime stations (including 261 fulltirners presently holding
PSA's which provide an optional mode of operation during the
pre-sunrise hours) are beyond the scope of the interim relief
intended by Congress. We recognize, however, that fulltime
stations (along with specified hours stations) will be re 
quired to continue pattern-shifting at the non-advanced times
specified in their station licenses. Depending on the sever 
ityof nighttime pattern restrictions, some of these stations
could be disadvantaged during the pre-sunrise hours
vis-a-vis daytimers in the same market holding PSA' s and/or
TPSA's. We also recognize that any effort to advance pat 
tern-shifting times at fulltime and specified hours stations
(where such advancement involves licensed modes rather than
PSA facilities) might well create hearing rights on behalf
* Fifty (50) of these stations, because of their geographic relationship
with their co-channel dominant stations, are also seriously limited as
to sign-on times.
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of other fulltimers on the same channels, and would raise
serious questions' under definitions of daytime and nighttime
operation as set forth in the 1950 North American Regional
Broadcasting Agreement (NARBA, TIAS-4460) and the 1970 U.S.
-Mexican standard broadcasting agreement (TIAS-7021). The
comments of interested parties are nonetheless invited.
11. Authority for institution of this proceeding, and for adop 
tion of rules concerning the matters involved, is contained in sections
4(i), 303(r), and 403 of the Communications Act of 1934, as amended.
12. Pursuant to applicable procedures set forth in section
1.415 of the Commission's rules, interested persons may file comments on
or before February20~1974. and reply comments on or before
March 22, 1974. All relevant and timely comments and reply com-
ments will be considered by the Commission before final
action~staken in thisproceeding~
13~In reaching its decision in this proceeding, the Commission
may also take into account other relevant information before it, in addi 
tion to the specific comments invited by this Notice.
14. In accordance with the provisions of section1~419of the
rules, an original and 14 copies of all comments, replies, pleadings, briefs,
and other documents shall be furnished the Commission. All filings made
in this proceeding will be made available for examination by interested
parties during regUlar business hours in the Commission's Public Reference
Room at its headquarters, 1919 M Street, Washington, D.C.
FEDERAL COMMUNICATIONS COMMISSION
VincentJ~Mullins
Secretary