Proposed Rule2021-15684
Updating Broadcast Radio 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
August 6, 2021
Effective
September 7, 2021
Issuing agencies
Federal Communications Commission
Abstract
The Federal Communication Commission proposes to amend the rules applicable to broadcast radio stations to better reflect current requirements and eliminate redundant, outdated, or conflicting technical provisions.
Full Text
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<title>Federal Register, Volume 86 Issue 149 (Friday, August 6, 2021)</title>
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[Federal Register Volume 86, Number 149 (Friday, August 6, 2021)]
[Proposed Rules]
[Pages 43145-43151]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-15684]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 74
[MB Docket No. 21-263; FCC 21-84; FR ID 38739]
Updating Broadcast Radio Technical Rules
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: The Federal Communication Commission proposes to amend the
rules applicable to broadcast radio stations to better reflect current
requirements and eliminate redundant, outdated, or conflicting
technical provisions.
DATES: Comments may be filed on or before September 7, 2021 and reply
comments may be filed on or before September 20, 2021.
ADDRESSES: You may submit comments, identified by MB Docket No. 21-263,
by any of the following methods:
<bullet> Federal Communications Commission's Electronic Comment
Filing System (ECFS): <a href="http://apps.fcc.gov/ecfs/">http://apps.fcc.gov/ecfs/</a>. Follow the
instructions for submitting comments.
<bullet> Mail: Filings can be sent by commercial overnight courier,
or by first-class or overnight U.S. Postal Service mail. Commercial
overnight mail (other than U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction,
MD 20743. U.S. Postal Service First Class, Express, and Priority mail
must be addressed to 45 L Street NE, Washington, DC 20554. All filings
must be addressed to the Commission's Secretary, Office of the
Secretary, Federal Communications Commission.
<bullet> People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: <a href="/cdn-cgi/l/email-protection#ce888d8dfbfefa8ea8adade0a9a1b8"><span class="__cf_email__" data-cfemail="c6808585f3f6f286a0a5a5e8a1a9b0">[email protected]</span></a> or phone: 202-418-
0530 or TTY: 888-835-5322.
FOR FURTHER INFORMATION CONTACT: James Bradshaw, Deputy Division Chief,
Media Bureau, Audio Division (202) 418-2739, <a href="/cdn-cgi/l/email-protection#c389a2aea6b0ed81b1a2a7b0aba2b483a5a0a0eda4acb5"><span class="__cf_email__" data-cfemail="195378747c6a375b6b787d6a71786e597f7a7a377e766f">[email protected]</span></a>;
Christine Goepp, Attorney Advisor, Media Bureau, Audio Division, (202)
418-7834, <a href="/cdn-cgi/l/email-protection#54173c263d27203d3a317a133b312424143237377a333b22"><span class="__cf_email__" data-cfemail="04476c766d77706d6a612a436b617474446267672a636b72">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), MB Docket No. 21-263, FCC 21-84, adopted
and released on July 12, 2021. The full text of this document will be
available for public inspection and copying via ECFS. The full text of
this document can also be downloaded in Word or Portable Document
Format (PDF) at <a href="http://www.fcc.gov/ndbedp">http://www.fcc.gov/ndbedp</a>.
Synopsis
1. The Federal Communication Commission proposes to amend the
following rules applicable to broadcast radio stations to better
reflect current requirements and eliminate redundant, outdated, or
conflicting technical provisions.
2. Maximum rated transmitter power for AM stations. The Commission
proposes to amend 47 CFR 73.1665(b) to
[[Page 43146]]
remove the maximum rated transmitter power limit for AM stations and
delete the corresponding ``Table 1 to paragraph (b).'' The Commission
tentatively concludes that an equipment limitation on potential
transmitter power is outdated and unnecessary given its current
reliance on actual operating antenna input power as the most accurate
and effective means of ensuring that AM stations adhere to their
authorized power limits. The restriction on AM transmitter power goes
back many decades and was adopted in substantially its current form in
1978. The Commission tentatively concludes that retaining an equipment-
based maximum rated transmitter power rule is unnecessary and
inconsistent with the standard governing the operating power of AM
stations set out in 47 CFR 73.51. It seeks comment on eliminating this
requirement and on any other changes to the rules necessary or
appropriate to reflect this change.
3. NCE community of license coverage. The Commission proposes to
amend 47 CFR 73.316(c)(2)(ix)(B) and 73.1690(c)(8)(i) to harmonize with
the later-adopted NCE FM community coverage standard set out in 47 CFR
73.515. Specifically, it proposes that the requirement in section
73.515 that stations reach 50% of their community of license or 50% of
the population in their community should replace the more general
requirement in sections 73.316(c)(2)(ix)(B) and 73.1690(c)(8)(i) that
the station cover ``a portion of the community.'' Applications covered
by sections 73.316(c)(2)(ix)(B) and 73.1690(c)(8)(i) must already
satisfy the requirement set out in section 73.515. To harmonize these
provisions, the Commission proposes to amend these two rules to state
that an NCE FM station operating on a reserved channel must provide a
predicted 60 dB[mu] signal to at least 50% of its community of license
or reach 50% of the population within the community. It seeks comment
on this proposal.
4. FM transmitter interference to nearby antennas. The Commission
proposes to eliminate 47 CFR 73.316(d), which it tentatively concludes
is an unnecessary burden on applicants. This is a seldom-used rule,
which the Commission tentatively concludes does not prevent
interference to any significant degree, if at all. The Commission seeks
comment on this tentative conclusion as well as any other applicable
considerations it should take into account when eliminating this rule.
Section 73.316(d) provides that ``[a]pplications proposing the use of
FM transmitting antennas in the immediate vicinity (i.e., 60 meters or
less) of other FM or TV broadcast antennas must include a showing as to
the expected effect, if any, of such approximate operation.'' Based on
the Commission's experience, it tentatively concludes that broadcast
radio antennas within this physical proximity are unlikely to create
interference problems if they are otherwise compliant with the
transmission system requirements set out in 47 CFR 73.317 and states
that it is not aware of any industry complaints of such interference
during the more than 70 years this rule has been in effect. Therefore,
the Commission proposes to eliminate section 73.316(d) as an
unnecessary application requirement and seeks comment on this proposal.
5. NCE FM Class D second-adjacent channel interference ratio. The
Commission proposes to amend 47 CFR 73.509(b), which sets out signal
strength contour overlap requirements for NCE FM Class D stations, to
harmonize with the more permissive standard applied to all other NCE-FM
stations. This change will create consistency across different NCE FM
station classes regarding contour overlap limitations. The Commission
tentatively concludes that the current Class D contour overlap
requirement is not necessary given the proven efficacy of the less
restrictive requirements for other stations and anticipates that this
change will allow Class D stations greater site selection flexibility
as well as the opportunity to potentially increase their coverage
areas. Currently, section 73.509(b) provides that applications by NCE
FM Class D station licensees will not be accepted if they propose
overlap of the applicant station's 80 dBu (interfering) contour with
the 60 dBu (protected) contour of any second-adjacent channel station
(i.e., a 20 dBu interference ratio). In contrast, section 73.509(a)
prohibits overlap of any other NCE applicant station's 100 dBu
(interfering) contour with the 60 dBu (protected) contour of any
second-adjacent channel station (i.e., a 40 dBu interference ratio).
When it adopted section 73.509(a) in 2000, the Commission explained
that the 100 dBu standard is a better gauge of potential second-
adjacent channel interference than the 80 dBu standard and that
adoption of a less preclusive 100 dBu standard would create
opportunities for NCE FM and FM translator stations to increase power
and coverage, and provide them with greater site selection flexibility.
However, because of a then-pending proceeding to establish the LPFM
service, the Commission deferred any action on proposals involving NCE
FM Class D stations. The LPFM service has now been established and is
currently a relatively mature service, so the Commission tentatively
concludes that the time is ripe to extend the otherwise universal 100
dBu contour overlap standard for second-adjacent channels to NCE FM
Class D stations. It seeks comment on this proposal.
6. Protection for grandfathered common carriers in Alaska in the
76-100 MHz band. The Commission proposes to delete the outdated
requirement that radio stations operating in the 76-100 MHz band
protect common carrier services in Alaska. It states that this rule is
unnecessary and obsolete because the Commission's licensing databases
indicate that there are no common carrier services remaining in this
band in Alaska. The relevant provisions, 47 CFR 73.501(b),
74.1202(b)(3), the second sentence of 74.702(a)(1), and the second
sentence of 74.786(b), all contain similar language requiring broadcast
services to protect grandfathered common carrier services in Alaska
operating in the 76-100 MHz frequency band. With the exception of
section 74.786(b), which was added in 2004 to apply the Alaska rule to
digital LPTV and TV translators, this suite of rule provisions was
created in 1982 when the Commission reallocated the 76-100 MHz band in
Alaska from government and non-government fixed services to broadcast
services. In doing so, the Commission grandfathered existing common
carrier operations, protecting them from new broadcast services in that
band. At the time, the Commission anticipated that such protection
would become unnecessary as the common carriers gradually moved to
other parts of the spectrum. Accordingly, in 2005, the Commission
deleted two of the original five rules on the basis that there were no
longer any common carrier stations in Alaska in the 76-100 MHz band.
For the same reason, the Commission proposes to delete the remaining
sections 73.501(b), 74.1202(b)(3), and portions of 74.702(a)(1) and
74.786(b) of the Commission's rules as obsolete and unnecessary. It
seeks comment on this proposal.
7. AM fill-in area definition. The Commission proposes to amend the
definition of ``AM fill-in area'' set out in 47 CFR 74.1201(j) to
conform to the requirement in 47 CFR 74.1201(g) that the ``coverage
contour of an FM translator rebroadcasting an AM radio broadcast
station as its primary station must be contained within the greater of
either the 2 mV/m daytime contour of the AM station or a 25-mile (40
km) radius centered at the AM transmitter site.'' It does not propose
any change to
[[Page 43147]]
section 74.1201(g). The Commission anticipates that this change will
create consistency across different rules governing fill-in translator
transmitter siting. In 2009, when it modified the FM translator rules
to allow AM stations to retransmit using fill-in FM translators, the
Commission adopted new section (j) and amended section (g) to define an
AM fill-in area for FM translators as the lesser of the 2 mV/m daytime
contour of the AM station and a 25-mile (40 km) radius centered at the
AM transmitter site. When the Commission relaxed this cross-service
siting requirement in 2017, it amended section (g) to provide that an
FM translator rebroadcasting an AM broadcast station must be located
such that the 60 dBu contour is contained within the greater of either
(a) the 2 mV/m daytime contour of the AM station, or (b) a 25-mile
radius centered at the AM station's transmitter site. However, it did
not update section (j) to reflect this change. The Commission proposes
to do so now and seeks comment on this proposal.
8. International agreements. To fully implement the provisions of
relevant agreements with the Canadian and Mexican governments, the
Commission proposes to amend 47 CFR 73.207(b) and 74.1235(d). Section
73.207(b)(2) states, ``Under the Canada-United States FM Broadcasting
Agreement, domestic U.S. allotments and assignments within 320
kilometers (199 miles) of the common border must be separated from
Canadian allotments and assignments by not less than the distances
given in Table B, which follows.'' The 1991 U.S.-Canada FM Broadcasting
Agreement contains minimum distance separations but also offers contour
overlap parameters for short-spaced stations to demonstrate compliance
with the Agreement. Accordingly, the Commission proposes to include
contour overlap-based protection for short-spaced stations in this
rule. It also proposes to replace the current Table B with the
superseding minimum distance separations table set out in a 1997
Amendment to the 1991 U.S.-Canada FM Broadcasting Agreement.
9. Currently, section 73.207(b)(3) provides that ``[u]nder the 1992
Mexico-United States FM Broadcasting Agreement, domestic U.S.
assignments or allotments within 320 kilometers (199 miles) of the
common border must be separated from Mexican assignments or allotments
by not less than the distances given in Table C in this paragraph
(b)(3).'' This provision is no longer accurate, as, except for
intermediate frequency separations, the 1992 U.S.-Mexico FM
Broadcasting Agreement provides for contour-overlap-based protection as
well as minimum spacing protection. Therefore, the Commission proposes
to revise this section to include contour overlap-based protection for
short-spaced stations. It seeks comment on these proposed changes.
10. The Commission also proposes to update 47 CFR 74.1235(d),
governing FM translators, to conform with the relevant treaties. With
respect to Canada, section 74.1235(d) states, ``Applications for FM
translator stations located within 320 km of the Canadian border will
not be accepted if they specify more than 50 watts effective radiated
power in any direction or have a 34 dBu interference contour,
calculated in accordance with Sec. 74.1204 of this part, that exceeds
32 km.'' This provision codifies section 4.3 of the 1991 U.S.-Canada FM
Broadcasting Agreement. In 1997, the United States and Canada amended
section 4.3 of the 1991 U.S.-Canada FM Broadcasting Agreement to
increase the permissible effective radiated power (ERP) for border FM
translator stations from 50 to 250 watts and the interference contour
from 32 to 60 kilometers. To implement this change, in 1998, the
Commission amended section 74.1235 by adding section (d)(3), which
states, ``Applications for translator or booster stations within 320 km
of the Canadian border may employ an ERP up to a maximum of 250 watts,
as specified in Sec. 74.1235(a) and (b). The distance to the 34 dBu
interfering contour may not exceed 60 km in any direction.'' Because
the first sentence of section (d) is now outdated and conflicts with
section (d)(3), the Commission proposes to modify it to conform to
current treaty requirements and to eliminate section (d)(3).
11. With respect to Mexico, section 74.1235(d) provides, ``FM
translator stations located within 320 kilometers of the Mexican border
must be separated from Mexican allotments and assignments in accordance
with Sec. 73.207(b)(3) of this chapter and are limited to a
transmitter power output of 10 watts or less. For purposes of
compliance with that section, FM translators will be considered as
Class D FM stations.'' In the 1992 U.S.-Mexico FM Broadcasting
Agreement, translator stations are classified as LPFM stations rather
than full service stations, and thus not subject to distance separation
requirements. The Commission tentatively concludes that neither the
rules nor the relevant international agreements require translator
stations to adhere to those distance separations. In addition, the 10-
watt transmitter power output limitation is a superseded provision
originally set out in the U.S.-Mexican FM Broadcast Agreement of 1972
and is no longer consistent with current treaty requirements. For these
reasons, the Commission proposes to delete these two sentences in the
introductory paragraph of section 74.1235(d) and seeks comments on this
proposal.
12. Finally, the Commission proposes to revise the translator power
limitations set out in 47 CFR 74.1235(d)(1) and (2). The 1992 U.S.-
Mexico FM Broadcasting Agreement provides in relevant part that a
translator's ERP may not exceed 50 watts in the direction of the other
country nor produce an interfering contour more than 32 kilometers in
the direction of the other country. Within 125 km of the common border,
the maximum distance to the protected contour of a translator must be
8.7 km in the direction of the other country. However, a translator
located more than 125 km from the border may operate with more than 50
watts in the direction of the other country, provided that its
protected contour is not greater than, starting from 125 km from the
border, 8.7 km in the direction of the other country. In addition,
under the 1992 U.S.-Mexico FM Broadcasting Agreement, translators must
protect the allotments and assignments of the other country based on
their maximum permitted parameters. To accurately implement these
provisions, the Commission proposes to amend sections 74.1235(d)(1) and
(2) to reflect current treaty requirements, as set out in Appendix A.
Because these changes are intended to codify the existing state of
international agreements to which the United States is a party, the
Commission requests commenters to focus on whether the proposed changes
properly implement the relevant treaty provisions rather than suggest
changes to any of the agreed-upon limits.
Comments and Reply Comments
13. Filing Requirements.--Comments and Replies. Pursuant to 47 CFR
1.415 and 1.419, interested parties may file comments and reply
comments on or before the dates indicated in the DATES section of this
notice. Comments may be filed using the Commission's Electronic Comment
Filing System (ECFS). See Electronic Filing of Documents in Rulemaking
Proceedings, 63 FR 24121 (1998).
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="http://apps.fcc.gov/ecfs/">http://apps.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and
[[Page 43148]]
one copy of each filing. If more than one docket or rulemaking number
appears in the caption of this proceeding, filers must submit two
additional copies for each additional docket or rulemaking number.
Filings can be sent by commercial overnight courier or by first-
class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
<bullet> Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20743.
<bullet> U.S. Postal Service First Class, Express, and Priority
mail must be addressed to 45 L Street NE, Washington, DC 20554.
14. People with Disabilities. To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="c6a0a5a5f3f6f286a0a5a5e8a1a9b0">[email protected]</a> or call the
Consumer & Government Affairs Bureau at 202-418-0530 (voice), 202-418-
0432 (tty).
15. Availability of Documents. Comments, reply comments, and ex
parte submissions will be available via ECFS.
Procedural Matters
Ex Parte Rules
16. This proceeding shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules, 47 CFR
1.1200 et seq. Persons making ex parte presentations must file a copy
of any written presentation or memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine Period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to the Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with 47 CFR 1.1206(b). In proceedings governed by
47 CFR 1.49(f) or for which the Commission has made available a method
of electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppl, searchable .ppl). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
17. Initial Paperwork Reduction Act Analysis. This document does
not contain proposed new or modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. In addition, therefore, it does not contain any new
or modified information collection for small business concerns with
fewer than 25 employees, pursuant to the Small Business Paperwork
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
Initial Regulatory Flexibility Analysis
18. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this Initial Regulatory
Flexibility Analysis (IRFA) of the possible significant economic impact
on a substantial number of small entities by the policies proposed in
the Notice of Proposed Rulemaking (NPRM). Written public comments are
requested on this IRFA. Comments must be identified as responses to the
IRFA and must be filed by the deadlines for comments on the NPRM
provided on the first page of the NPRM. The Commission will send a copy
of this entire NPRM, including this IRFA, to the Chief Counsel for
Advocacy of the Small Business Administration (SBA). In addition, the
NPRM and the IRFA (or summaries thereof) will be published in the
Federal Register.
A. Need for, and Objectives of, the Proposed Rule Changes
19. The Commission initiates this rulemaking proceeding to obtain
comments regarding its proposal to update certain of its technical
rules to better reflect current requirements and eliminate redundant,
outdated, or conflicting provisions. Specifically, the Commission seeks
comment on the following proposed rule changes: (1) Eliminating the
maximum rated transmitter power limit rule for AM stations; (2)
updating rule provisions containing an NCE FM community of license
coverage requirement; (3) eliminating the requirement that applicants
demonstrate the effect of any FM applicant transmitting antenna on
nearby FM or TV broadcast antennas; (4) updating the signal strength
contour overlap requirements for NCE FM Class D stations to harmonize
with the contour overlap requirements for all other NCE FM stations;
(5) eliminating the requirement for broadcast services to protect
grandfathered common carrier services in Alaska operating in the 76-100
MHz frequency band; (6) harmonizing the definition of an ``AM fill-in
area'' set out in multiple rule sections; and (7) amending the power
limits for translators within 320 kilometers of the Mexican and
Canadian borders to comply with current treaty provisions.
B. Legal Basis
20. The proposed action is authorized pursuant to sections 1, 4(i),
4(j), 301, 303, 307, 308, 309, 316, and 319 of the Communications Act,
47 U.S.C. 151, 154(i), 154(j), 301, 303, 307, 308, 309, 316, 319.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
21. The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. 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. The rules
proposed herein will directly affect small television and radio
broadcast stations. Below, we provide a description of these small
entities, as well as an estimate of the number of such small entities,
where feasible.
22. Radio Stations. This Economic Census category ``comprises
establishments primarily engaged in broadcasting aural programs by
radio to the public.'' The SBA has created the following small business
size standard for this category: Those having $41.5 million or less in
annual receipts.
[[Page 43149]]
Census data for 2012 show that 2,849 firms in this category operated in
that year. Of this number, 2,806 firms had annual receipts of less than
$25 million, and 43 firms had annual receipts of $25 million or more.
Because the Census has no additional classifications that could serve
as a basis for determining the number of stations whose receipts
exceeded $41.5 million in that year, we conclude that the majority of
radio broadcast stations were small entities under the applicable SBA
size standard.
23. Apart from the U.S. Census, the Commission has estimated the
number of licensed commercial AM radio stations to be 4,406 and the
number of commercial FM radio stations to be 6,726 for a total number
of 11,132, along with 8,126 FM translator and booster stations. As of
September 2019, 4,294 AM stations and 6,739 FM stations had revenues of
$41.5 million or less, according to Commission staff review of the BIA
Kelsey Inc. Media Access Pro Television Database (BIA). In addition,
the Commission has estimated the number of noncommercial educational FM
radio stations to be 4,195. NCE stations are non-profit, and therefore
considered to be small entities. Therefore, we estimate that the
majority of radio broadcast stations are small entities.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements
24. The NPRM proposes to amend existing rules to better reflect
current requirements and eliminate redundant, outdated, or conflicting
provisions. None of the proposed revisions require additional paperwork
obligations and in one instance eliminates a currently required
application showing.
E. Steps Taken To Minimize Significant Impact on Small Entities and
Significant Alternatives Considered
25. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.
26. In the NPRM, the Commission proposes to amend existing rules to
better reflect current requirements and eliminate redundant, outdated,
or conflicting provisions. The proposed rules will eliminate the
requirement that applicants demonstrate the effect of any FM applicant
transmitting antenna on nearby FM or TV broadcast antennas. They will
also eliminate the need for small entities and other licensees to
comply with outdated technical regulations such as the maximum rated
transmitter power limit rule for AM stations, the signal strength
contour overlap requirements for NCE FM Class D stations, and the
requirement for broadcast services to protect grandfathered common
carrier services in Alaska operating in the 76-100 MHz frequency band.
In addition, the rules clarify and harmonize provisions such as the
definition of an ``AM fill-in area,'' power limits for FM translators
near the Canadian and Mexican borders, and required community of
license coverage for NCE FM stations, many of whom are small entities.
These revisions will make the rules more transparent and accessible to
small entities and thus reduce the need for expert engineering or legal
assistance with compliance and reporting requirements.
27. Alternatives considered by the Commission include retaining the
existing rules and amending other, related rules to further improve the
accuracy of the Code of Federal Regulations. The Commission seeks
comment on the effect of the proposed rule changes on all affected
entities. The Commission is open to consideration of alternatives to
the proposals under consideration, including but not limited to
alternatives that will minimize the burden on broadcasters, many of
whom are small businesses.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
28. None.
Ordering Clauses
29. 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, this Notice of
Proposed Rulemaking is adopted.
30. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
List of Subjects
47 CFR Part 73
Mexico, Radio.
47 CFR Part 74
Radio.
Federal Communications Commission.
Cecilia Sigmund,
Federal Register Liaison Officer, Office of the Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 73 and part 74
as follows:
PART 73--RADIO BROADCAST SERVICES
0
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
336, 339.
0
2. Amend Sec. 73.207 by revising paragraphs (b)(2) and (3) to read as
follows:
Sec. 73.207 Minimum distance separation between stations.
* * * * *
(b) * * *
(2) Unless demonstrating compliance with the overlap provisions of
the 1991 United States-Canada FM Broadcasting Agreement, any domestic
U.S. allotment or assignment within 320 kilometers (199 miles) of the
common border must be separated from Canadian allotments and
assignments by not less than the distances given in Table B, which
follows. When applying Table B, U.S. Class C0 allotments and
assignments are considered to be Class C; U.S. Class C2 allotments and
assignments are considered to be Class B; and U.S. Class C3 allotments
and assignments are considered to be Class B1.
[[Page 43150]]
Table B to Paragraph (b)--Minimum Distance Separation Requirements in Kilometers
----------------------------------------------------------------------------------------------------------------
Co-channel Adjacent channels I.F.
Relation -------------------------------------------------------------------------------
0 kHz 200 kHz 400 kHz 600 kHz 10.6/10.8 MHz
----------------------------------------------------------------------------------------------------------------
A1-A1........................... 78 45 24 20 4
A1-A............................ 131 78 44 40 7
A1-B1........................... 164 98 57 53 9
A1-B............................ 190 117 71 67 12
A1-C1........................... 223 148 92 88 19
A1-C............................ 227 162 103 99 26
A-A............................. 151 98 51 42 10
A-B1............................ 184 119 64 55 12
A-B............................. 210 137 78 69 15
A-C1............................ 243 168 99 90 22
A-C............................. 247 182 110 101 29
B1-B1........................... 197 131 70 57 24
B1-B............................ 223 149 84 71 24
B1-C1........................... 256 181 108 92 40
B1-C............................ 259 195 116 103 40
B-B............................. 237 164 94 74 24
B-C1............................ 271 195 115 95 40
B-C............................. 274 209 125 106 40
C1-C1........................... 292 217 134 101 48
C1-C............................ 302 230 144 111 48
C-C............................. 306 241 153 113 48
----------------------------------------------------------------------------------------------------------------
(3) Unless demonstrating compliance with the overlap provisions of
the 1992 United States-Mexico FM Broadcasting Agreement, any domestic
U.S. assignment or allotment within 320 kilometers (199 miles) of the
common border must be separated from Mexican assignments or allotments
by not less than the distances given in Table C in this paragraph
(b)(3). However, the I.F. minimum distance separations in Table C apply
regardless of short-spaced status. When applying Table C--
* * * * *
0
3. Amend Sec. 73.316 by revising the second sentence of (c)(2)(ix)(B),
removing paragraph (d), and redesignating paragraph (e) as paragraph
(d) to read as follows:
Sec. 73.316 FM antenna systems.
* * * * *
(c) * * *
(2) * * *
(ix) * * *
(B) * * * The application for license must also demonstrate that
coverage of the community of license by the 70 dBu contour is
maintained for stations authorized pursuant to Sec. 73.215 on Channels
221 through 300, as required by Sec. 73.315(a), while noncommercial
educational stations operating on Channels 201 through 220 must show
that the proposed transmitter location will provide a minimum field
strength of 1 mV/m (60 dBu) over at least 50 percent of its community
of license or reach 50 percent of the population within the community.
* * * * *
Sec. 73.501 [Amended]
0
4. Amend Sec. 73.501 by removing and reserving paragraph (b).
0
5. Amend Sec. 73.509 by revising paragraph (b) to read as follows:
Sec. 73.509 Prohibited overlap.
* * * * *
(b) An application by a Class D (secondary) station, other than an
application to change class, will not be accepted if the proposed
operation would involve overlap of signal strength contours with any
other station as set forth in Table 2 to paragraph (b):
Table 2 to Paragraph (b)
------------------------------------------------------------------------
Contour of proposed Contour of any other
Frequency separation station station
------------------------------------------------------------------------
Co-channel.................. 0.1 mV/m (40 dBu)... 1 mV/m (60 dBu).
200 kHz..................... 0.5 mV/m (54 dBu)... 1 mV/m (60 dBu).
400/600 kHz................. 100 mV/m (100 dBu).. 1 mV/m (60 dBu).
------------------------------------------------------------------------
0
6. Amend Sec. 73.1665 by revising paragraph (b) and removing Table 1
to paragraph (b) to read as follows:
Sec. 73.1665 Main transmitters.
* * * * *
(b) There is no maximum manufacturer-rated power limit for AM, FM,
TV or Class A TV station transmitters.
* * * * *
0
7. Amend Sec. 73.1690 by revising the second sentence of paragraph
(c)(8)(i) to read as follows:
Sec. 73.1690 Modification of transmission systems.
* * * * *
(c) * * *
(8) * * *
(i) * * * Noncommercial educational FM stations must continue to
provide a 60 dBu contour over at least 50 percent of its community of
license or reach 50 percent of the population within the community. * *
*
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
8. 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.
[[Page 43151]]
Sec. 74.702 [Amended]
0
9. Amend Sec. 74.702 by removing the second sentence of paragraph
(a)(1).
Sec. 74.786 [Amended]
0
10. Amend Sec. 74.786 by removing the second sentence of paragraph
(b). Amend Sec. 74.1201 by revising paragraph (j) to read as follows:
Sec. 74.1201 Definitions.
* * * * *
(j) AM Fill-in area. The area within the greater of the 2 mV/m
daytime contour of the AM radio broadcast station being rebroadcast or
a 25-mile (40 km) radius centered at the AM transmitter site.
* * * * *
Sec. 74.1202 [Amended]
0
11. Amend Sec. 74.1202 by removing paragraph (b)(3).
0
12. Amend Sec. 74.1235 by revising paragraph (d) to read as follows:
Sec. 74.1235 Power limitations and antenna systems.
* * * * *
(d) Applications for FM translator stations located within 320 km
of the Canadian border will not be accepted if they specify more than
250 watts effective radiated power in any direction or have a 34 dBu
interference contour that exceeds 60 km. Applications for FM translator
stations located within 320 kilometers of the Mexican border must
adhere to the following provisions.
(1) Translator stations located within 125 kilometers of the
Mexican border may operate with a maximum ERP of 250 watts (0.250 kW)
but must not exceed an ERP of 50 watts (0.050 kW) in the direction of
the Mexican border. A translator station may not produce an interfering
contour in excess of 32 km from the transmitter site in the direction
of the Mexican border, nor may the 60 dBu service contour of the
translator station exceed 8.7 km from the transmitter site in the
direction of the Mexican border.
(2) Translator stations located between 125 kilometers and 320
kilometers from the Mexican border may operate with a maximum ERP of
250 watts in any direction. However, in no event shall the location of
the 60 dBu contour lie within 116.3 km of the Mexican border.
[FR Doc. 2021-15684 Filed 8-5-21; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on August 6, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.