Before the
FEDERAL Cm'IMUNICATIONS COMMISSION
WashingLon, D.C. 20554
FCC 74.135
08038
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
ORD,:R
Adopted: February 6;- 1974: Released: february 11, 1974
By the Commission:
1. On December 18, 1973, we adopted an Order (FCC 73-1324) de 
fining the pre-sunri.se operating privileges of daytime-only AH broadcast sta 
tions pending resolution of matters at issue in thisproceeding~In general
terms, the relief provided in that Order allows daytime stations with no
foreign protecLion problems to llback up" their li.censed sign-on times by one
hour, using the facilities described in their pre-sunrise service authoriza 
tions (PSAI s). Stations ineligible for a PSA were, by the blanket provisions
of paragraph 7(f) of that Order, allowed to Commence operation one hour prior
to local sunrise with a power of 50 watts, if in so doing, no violation of
existing international agreements would occur.
2. In the Notice of Inquicy and Proposed Rule Making (fCC 73-1323)
issued in this proceeding, commE>nts were requested on various related matters,
including the status of PSA-holders with specified pre-sunrise powers of less
than 50 watts, as well as an undetermined number of technically eligible li 
censees who have never applied for PSAls --presumably because of the severity
of time and/or power restrictions under existing PSA rules. Paragraph lOeb),
Notice.
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3. After the adoption of the December 18 Order, a number of day 
timers --including those holding low-power PSAls as well as those eligible
therefor-- have requested special relief from pre-sunrise power restrictions
which, it must be conceded) are unrealistically low in terms of effective
community service; e.g., WJKM, Hartsville, Tennessee (3.1 watts); WNWI,
Valparaiso, Indiana (10 watts); WAHT, Annville-Cleona, Pennsylvania (0.85
watts); KYMN, Northfield, Minnesota (4.2 watts); KOLM, Rochester, Minne 
sota (1.15 watts); WGTR, Natick, Massachusetts (1.6 watts); and WAVS, Fort
Lauderdale, Florida (2.5 watts). Under existing PSA rules, these restric 
tions are designed to protecl U.S. co-channel dominant stations to the west
of the daytime station. Some of these licensees are attempting to compete
in Lhe sanle market withuthel~daytime stations currently ineligible for a
PSA but nonl'lhele,'ls perlllitted to operate one hour prior to local sunrise
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with a power of 50 watts pursuant to paragraph 7(f) of the December 18 Order.
Since all stations involved in this comparison operate on U.S. clear chan 
nels, the argument is made that to hold " e ligible
ll
stations to existing PSA
power restrictions, while at the same time providing a flat 50-watt pre 
sunrise operating power for stations presently ineligible for a PSA, is
basically inequitable and should be corrected.
4. Despite the addilional nighttime skywave interference which
will be inflicted on the U.S. clear channel services by the grant of the
relief requested, we have concluded that considerations of basic fairness
require that, pending outcome of rule making, all daytime stations assigned
to U.S. I-A and 1-B clear channels (except those on U.S.-shared I-B clear
channels, where such power would not provide foreign protection) be placed
on the same 50-watt footing with respect to pre-sunrise operating power.
In reaching this conclusion, we stress that we are in no way prejudging the
outcome of rule making or of the specific issues raised in paragraph lOeb)
of the Notice.
5. Authority for tile adoption of this Order is contained in sec 
tion G of PL 93-182 and section 4(i) of the Communications Act of 1934) as
amended. Because of the urgent need for the interim adjustments herein
ordered and because we interpret PL 93-182 as permitting these adjustments
to be made without regard to hearing rights which might otherwise be as 
serted by affected fulltime stations under section 316 of the Communications
Act, we find that compliance with the notice and effective date provisions
of the Administrative Procedure Act (5 U.S.C. 553) is not reqUired.
6. Accordingly, IT IS ORDERED, That effective February 20,
1974, and pending further action of the Commission, the Order (FCC 73-1324)
adopted December 18, 1973, IS MODIFIED in the folloWing particulars:
(a) Amend paragraph 7(d) to read as follows:
Class II (secondary) daytlmers assigned to U.S. I-A and I-B
clear channels and presently holding PSA's may achieve the
one-hour advancement by adhering, throughout the year, to
the sign-on times specified in outstanding Commission let 
ters with the pre-sunrise facilities described in their PSA's:
Provided, That if the authorized pre-sunrise power is less than
50 watts, the operating power may be increased to 50 watts dur 
ing the hour immediately preceding local sunrise if no co-chan 
nel skywave interference to foreign stations would result (see
paragraph 1, AppendiX); and: Provided further, That on or before
April 15, 1974, stations availing themselves of the 50-watt
option shall give written notice to the Commission setting forth
the date such operation commenced, describing the method whereby
the power reduction from the licensed value has been achieved
(if different from that presently employed for PSA operation),
and including calculations to establish that the 50-watt pre 
sunrise operation causes no objectionable interference to any
foreign station. The PSA mode(s) of operation shall be continued
until the standard (non-advanced) sign-on times specified in their
station licenses, at which times they shall shift to the daytime
facilitie~authorized therein.
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(b) Add a new paragraph 7(g) to read as follows:
Class II (secondary) daytimers assigned to U.S. I-A and I-B
clear channels and currently eligible for a PSA but who have
not applied therefor because the allowable pre-sunrise power
would be less than 50 watts may, on the effective date of this
Order, commence operation one hour prior to local sunrise with
a power of 50 watts into the daytime or critical hours antenna
system, as appropriate, if no co-channel skywave interference
to foreign stations would result (see paragraph 2, Appendix),
and may continue such mode of operation until the standard
(non-advanced) sign-on times specified in their station li 
censes: Provided, That on or before April 15, 1974, stations
availing themselves of this privilege shall give written notice
to the Commission setting forth the date such operation com 
menced, describing the method whereby the power reduction has
been achieved, and including calculations to establish that the
50-watt pre-sunrise operation causes no objectionable inter 
ference to any foreign station; and: Provided further, That in
no event shall operation under this paragraph Commence earlier
than 6:00a~m.local time or local sunrise at the controlling
foreign I-B clear channel station (if any) to the east, which 
ever is later - see paragraph 3, Appendix.
(c) Amend paragraph 8 tor~adas follows:
IT IS FURTHER ORDERED, That any licensee or permittee eligible
for a PSA specifying a pre-sunrise power of more than 50 watts
must apply for andob~ainsuch PSA before the privileges con 
ferred by this Order shall become operative.
7. IT lS FURTHER ORDERED, That the requests for special relief
described in paragraph 3 of this Order ARE GRANTED to the extent indicated,
and in all other respects ARE DENIED.
FEDERAL COMMUNICATIONS COMMISSION
VincentJ~Mullins
Secretary
Appendix
APPENDIX
1. The following daytime stations hold PSA's but are precluded fromin~
creasing PSA powers because of foreign interference conflicts:
KANN - Ogden, Utah
KBIL - Liberty, Mo.
KCLT - Lockhart, Tex.
KCOM - Comanche, Tex.
KGRI - Henderson, Tex.
KHYM - Gilmer, Tex.
KlLR - Estherville, Iowa
KKIM - Albuquerque, N.M.
KLPR - Oklahoma City, Okla.
KORC - Mineral Wells, Tex.
KSTA - Coleman, Tex.
WKBA - Vinton, Va.
WKYE - Bristol, Tenn.
WLUX - Baton Rouge, La.
WSER - Elkton, Md.
WTYN - Tryon, N.C.
WXVA - Charleston, W. Va.
WYNA - Raleigh, N.C.
WYNX - Smyrna, Ga.
2. The following daytime stations are eligible for PSAls under section
73.99 of the rules but are precluded from 50-watt PSA operation be 
cause of foreign interference conflicts;
KGGH - Houston, Tex.
(n~l-McComb, Miss.
WMAG - Forest, Miss.
WXTN - Lexington, Miss.
3. The following daytime stations are eligible for PSA's under section
73.99 of the rules but with sign-on times later than 6:00 a.m. local
time because of their geographic relationship to foreign 1-B clear
channel stations:
KMLO - Vista, Cal.
KNBA - Vallejo, Cal.
KNCR - Fortuna, Cal.
WKDR - Plattsburgh, N.Y.