Rule2021-14336
Low Power FM Radio Service Technical Rules
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 14, 2021
Effective
August 13, 2021
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) adopts an Order on Reconsideration (Order) to consider petitions for reconsideration filed in response to revisions of technical rules that primarily affect Low Power FM (LPFM) radio stations.
Full Text
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<title>Federal Register, Volume 86 Issue 132 (Wednesday, July 14, 2021)</title>
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[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Rules and Regulations]
[Pages 37060-37061]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14336]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 74
[MB Docket No. 19-193; FCC 21-70; FR ID 35680]
Low Power FM Radio Service Technical Rules
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) adopts an Order on Reconsideration (Order) to consider
petitions for reconsideration filed in response to revisions of
technical rules that primarily affect Low Power FM (LPFM) radio
stations.
DATES: Effective August 13, 2021.
FOR FURTHER INFORMATION CONTACT: Irene Bleiweiss, Media Bureau, Audio
Division, (202) 418-2785, or via the internet at
<a href="/cdn-cgi/l/email-protection#501922353e357e123c35392735392323103633337e373f26"><span class="__cf_email__" data-cfemail="541d26313a317a1638313d23313d2727143237377a333b22">[email protected]</span></a>. Direct press inquiries to Janice Wise at (202)
418-8165, or via the internet at <a href="/cdn-cgi/l/email-protection#3c765d52555f59126b554f597c5a5f5f125b534a"><span class="__cf_email__" data-cfemail="115b707f7872743f46786274517772723f767e67">[email protected]</span></a>. For additional
information concerning the Paperwork Reduction Act (PRA) information
collection requirements contained in this document, contact Cathy
Williams at 202-418-2918, or via the internet at
<a href="/cdn-cgi/l/email-protection#fab99b8e9283d4ad939696939b9789ba9c9999d49d958c"><span class="__cf_email__" data-cfemail="da99bbaeb2a3f48db3b6b6b3bbb7a99abcb9b9f4bdb5ac">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
in MB Docket No. 19-193, FCC 21-70, adopted June 15, 2021 and released
on June 16, 2021. The full text of this document is available
electronically via the FCC's Electronic Document Management System
(EDOCS) website <a href="https://www.fcc.gov/edocs">https://www.fcc.gov/edocs</a> or by downloading the text
from the Commission's website at <a href="https://ecfsapi.fcc.gov/file/0616283713905/FCC-21-70A1.pdf">https://ecfsapi.fcc.gov/file/0616283713905/FCC-21-70A1.pdf</a> or <a href="https://docs.fcc.gov/public/attachments/FCC-21-70A1.pdf">https://docs.fcc.gov/public/attachments/FCC-21-70A1.pdf</a> (Documents will be available electronically
in ASCII, Microsoft Word, and/or Adobe Acrobat.) Alternative formats
are available for people with disabilities (Braille, large print,
electronic files, audio format), by sending an email to <a href="/cdn-cgi/l/email-protection#41272222747175012722226f262e37"><span class="__cf_email__" data-cfemail="31575252040105715752521f565e47">[email protected]</span></a>
or calling the Commission's Consumer and Governmental Affairs Bureau at
(202) 418-0530 (voice), (202) 418-0432 (TTY).
Final Paperwork Reduction Act of 1995 Analysis
The Order does not contain new or modified information collection
requirements subject to the Paperwork Reduction Act of 1995, Public Law
104-13. Therefore, it does not contain any new or modified information
collection burdens for small business concerns with fewer than 25
employees, pursuant to the Small Business Paperwork Relief Act of 2002,
Public Law 107-198.
Congressional Review Act
The Commission has determined, and the Administrator of the Office
of Information and Regulatory Affairs, Office of Management and Budget,
concurs that this rule change is ``non-major'' under the Congressional
Review Act, 5 U.S.C. 804(2). The Commission will send a copy of the
Order to Congress and the Government Accountability Office pursuant to
5 U.S.C. 801(a)(1)(A).
Synopsis
1. Introduction. On June 15, 2021, the Commission adopted an Order
on Reconsideration (Order), Amendment of Parts 73 and 74 of the
Commission's Rules to Improve the Low Power FM Radio Service Technical
Rules; FCC 21-70, MB Docket No. 19-193. The Order dismisses in part and
denies in part two petitions for reconsideration of revisions to
technical rules governing the Low Power FM (LPFM) service in order to
improve LPFM reception and increase flexibility in transmitter siting
while maintaining interference protection and the core LPFM goals of
diversity and localism. The Order also restores text that was
inadvertently deleted from an existing LPFM rule.
2. The Commission proposed to modify the LPFM technical rules in a
Notice of Proposed Rulemaking published at 84 FR 49205 (Sept. 19,
2019). It adopted revised technical rules in a Report and Order
published at 85 FR 35567 (June 11, 2020). The Commission established
that the revisions would apply prospectively, i.e., to applications for
which no decision had yet issued as of the rules' effective date. The
goal of the revisions was to provide LPFM stations with greater
flexibility, to improve their service, and to remove regulatory
burdens.
3. Petitions for Reconsideration. The Commission received two
petitions for reconsideration. One petition sought further revisions of
the LPFM rules to increase maximum power, eliminate certain testing
requirements for directional antennas, and revise a requirement that
LPFM stations use equipment that has been certified for LPFM use.
Another petition asked the Commission to extend the new rules to cases
decided under former rules if the decision was not yet final when the
new rules took effect. The Order dismisses and/or denies these
petitions consistent with the Commission's goal of keeping LPFM
requirements simple and accessible in order to facilitate construction
and operation of community-oriented noncommercial stations by
organizations with limited expertise and small budgets.
4. Restoration of Inadvertently Deleted Language. The Order takes
the opportunity to correct an error that occurred when the Commission
amended the Rules to permit LPFM stations to retransmit their signals
over co-owned FM booster stations. In making ancillary changes to add
the concept of LPFM boosters to existing rules governing booster use in
other services, the Commission inadvertently deleted three words (``or
FM translator'') from the existing language in section 74.1263(b) of
the Rules. The Order includes a rule revision to restore that language.
Because the deletion of FM translators from the scope of the rule in
question was clearly inadvertent and correcting this error is
noncontroversial, the Order finds that the notice and comment
procedures of the
[[Page 37061]]
Administrative Procedure Act would serve no useful purpose and are
therefore unnecessary.
Final Regulatory Flexibility Analysis
5. The Regulatory Flexibility Act of 1980, as amended (RFA), see 5
U.S.C. 603 and amended by the Small Business Regulatory Enforcement
Fairness Act of 1996 (SBREFA), Public Law 104-121, Title II, 110 Stat.
847 (1996), requires that a regulatory flexibility analysis be prepared
for notice-and-comment rule making proceedings, unless the agency
certifies that ``the rule will not, if promulgated, have a significant
economic impact on a substantial number of small entities.'' 5 U.S.C.
605(b). The RFA generally defines the term ``small entity'' as having
the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' 5 U.S.C.
601(6); See 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small-business concern'' in 15 U.S.C. 632). Pursuant to 5 U.S.C.
601(3), the statutory definition of a small business applies ``unless
an agency, after consultation with the Office of Advocacy of the Small
Business Administration and after opportunity for public comment,
establishes one or more definitions of such term which are appropriate
to the activities of the agency and publishes such definition(s) in the
Federal Register.'' 5 U.S.C. 601(3). In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act. 15 U.S.C. 632. A small business concern
is one which: (1) Is independently owned and operated; (2) is not
dominant in its field of operation; and (3) satisfies any additional
criteria established by the SBA. See 5 U.S.C. 601-612.
6. This Order on Reconsideration disposes of petitions for
reconsideration in MB Docket Nos. 19-193 and 17-105 without making any
resulting rule changes. The only rule change made in the Order on
Reconsideration merely reinserts a phrase that the NPRM and Order
inadvertently deleted. Because this rule change does not require notice
and comment, the Regulatory Flexibility Act does not apply. Id. 601(2).
In the Order in this proceeding, the Commission issued a Final
Regulatory Flexibility Analysis (FRFA) that conforms to the RFA, as
amended. Order, 35 FCC Rcd at 4149, Appendix C. The Commission received
no petitions for reconsideration of that FRFA. This Order on
Reconsideration does not alter the Commission's previous analysis under
the RFA.
7. Congressional Review Act. The Commission will send a copy of
this Order on Reconsideration to Congress and the Government
Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
Ordering Clauses
8. Accordingly, it is ordered that, pursuant to the authority
contained in sections 1, 4(i), 4(j), 301, 303, 307, 308, 309, 316, and
319 of the Communications Act of 1934, as amended, 47 U.S.C. 151,
154(i), 154(j), 301, 303, 307, 308, 309, 316, and 319, as well as the
Local Community Radio Act of 2010, Public Law 111-371, 124 Stat. 4072
(2011), and the Administrative Procedure Act, 5 U.S.C. 553(b)(B), this
Order on Reconsideration is adopted.
9. It is further ordered that the Petition for Reconsideration
filed by Todd Urick, Todd Urick (Common Frequency) and Paul Bame
(Prometheus Radio Project) along with Peter Gray (KFZR-LP), Makeda
Dread Cheatom (KVIB-LP), Brad Johnson (KGIG-LP), David Stepanyuk (KIEV-
LP), and Andy Hansen-Smith (KCFZ-LP) is dismissed in part and denied in
part.
10. It is further ordered that the Petition for Reconsideration
filed by Foundation for a Beautiful Life is dismissed and in the
alternative is denied.
11. It is further ordered that, effective 30 days after publication
in the Federal Register, 47 CFR 74.1263(b) is amended as specified in
Appendix A of the Order.
12. It is further ordered that the Commission shall send a copy of
this Order on Reconsideration in a report to be sent to Congress and
the Government Accountability Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 74
FM broadcast booster station, LPFM booster, Time of operation,
Station identification.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons stated in the preamble, the Federal Communications
Commission amends 47 CFR part 74 as follows:
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
1. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 336, and
554.
0
2. Amend Sec. 74.1263 by revising paragraph (b) to read as follows:
Sec. 74.1263 Time of operation.
* * * * *
(b) An FM booster or FM Translator station rebroadcasting the
signal of an AM, FM or LPFM primary station shall not be permitted to
radiate during extended periods when signals of the primary station are
not being retransmitted. Notwithstanding the foregoing, FM translators
rebroadcasting Class D AM stations may continue to operate during
nighttime hours only if the AM station has operated within the last 24
hours.
* * * * *
[FR Doc. 2021-14336 Filed 7-13-21; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on July 14, 2021.
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