Rule2022-11688
FM Broadcast Radio Service Directional Antenna Performance Verification
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
June 10, 2022
Effective
July 11, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document the Federal Communications Commission (Commission or FCC) adopts changes to its rules and procedures for FM and Low Power FM (LPFM) broadcast license applicants to allow for verification of FM directional antenna patterns through computer models prepared by the directional antenna's manufacturer. The changes are designed to reduce the cost of designing and building an FM or LPFM directional antenna and, thus, of station construction. The changes are further designed to bring the Commission's rules for the FM and LPFM services into regulatory conformity with its rules governing AM and DTV directional antennas.
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[Federal Register Volume 87, Number 112 (Friday, June 10, 2022)]
[Rules and Regulations]
[Pages 35426-35431]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11688]
[[Page 35426]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 21-422; FCC 22-38; FR ID 89066]
FM Broadcast Radio Service Directional Antenna Performance
Verification
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document the Federal Communications Commission
(Commission or FCC) adopts changes to its rules and procedures for FM
and Low Power FM (LPFM) broadcast license applicants to allow for
verification of FM directional antenna patterns through computer models
prepared by the directional antenna's manufacturer. The changes are
designed to reduce the cost of designing and building an FM or LPFM
directional antenna and, thus, of station construction. The changes are
further designed to bring the Commission's rules for the FM and LPFM
services into regulatory conformity with its rules governing AM and DTV
directional antennas.
DATES: Effective July 11, 2022, except for amendments to 47 CFR 73.316
and 73.1690, which are delayed indefinitely. The Commission will
publish a separate document in the Federal Register announcing the
effective date of these amendments.
FOR FURTHER INFORMATION CONTACT: Albert Shuldiner, Chief, Media Bureau,
Audio Division, (202) 418-2721; Lisa Scanlan, Deputy Division Chief,
Media Bureau, Audio Division, (202) 418-2704; Thomas Nessinger, Senior
Counsel, Media Bureau, Audio Division, (202) 418-2709. 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#89cae8fde1f0a7dee0e5e5e0e8e4fac9efeaeaa7eee6ff"><span class="__cf_email__" data-cfemail="6122001509184f36080d0d08000c12210702024f060e17">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order (R&O), MB Docket No. 21-422; FCC 22-38, adopted on May 19,
2022, and released on May 19, 2022. The full text of this document will
be available via the FCC's Electronic Comment Filing System (ECFS),
<a href="https://www.fcc.gov/cgb/ecfs/">https://www.fcc.gov/cgb/ecfs/</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#ec8a8f8fd9dcd8ac8a8f8fc28b839a"><span class="__cf_email__" data-cfemail="e3858080d6d3d7a3858080cd848c95">[email protected]</span></a> or calling the Commission's Consumer and
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY). The Commission published the notice of proposed rulemaking
(NPRM) at 86 FR 67886 on November 30, 2021.
Paperwork Reduction Act of 1995 Analysis
This document contains new or modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13, see 44 U.S.C. 3507. The Commission, as part of its
continuing effort to reduce paperwork burdens, will invite the general
public and the Office of Management and Budget (OMB) to comment on the
information collection requirements contained in the amendments to
Sec. Sec. 73.316 and 73.1690, in a separate Federal Register document,
as required by the Paperwork Reduction Act of 1995, Public Law 104-13,
see 44 U.S.C. 3507. These new or modified information collections will
become effective after the Commission publishes a document in the
Federal Register announcing such approval and the relevant effective
date.
In addition, pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission
previously sought specific comment on how the Commission might further
reduce the information collection burden for small business concerns
with fewer than 25 employees.
Congressional Review Act
The Commission will send a copy of this R&O to Congress and the
Government Accountability Office (GAO) pursuant to the Congressional
Review Act, 5 U.S.C. 801(a)(1)(A).
Synopsis
1. Introduction. In the R&O, the Commission amended its rules to
allow FM and LPFM broadcasters using directional antennas to employ
computer modeling to verify the antennas' directional patterns. This
represents a change from the current requirement, set forth in 47 CFR
73.316(c)(2)(iii), that an FM or LPFM directional antenna's performance
be verified by the ``measured relative field pattern,'' and brings the
rules for those services into regulatory conformity with the rules
governing AM and DTV directional antennas.
2. Four manufacturers of FM broadcast radio antennas and one
licensee of FM broadcast stations (Joint Petitioners) filed a Petition
for Rulemaking seeking to amend the Commission's rules to allow FM
directional pattern verification by computer modeling. Currently, a
permittee seeking to license a facility with a directional FM antenna
system must provide verification that the directional pattern of the
antenna conforms to what the Commission authorized in the construction
permit. The applicant must submit, among other things, a plot of the
composite pattern of the directional antenna, and a tabulation of the
measured relative field pattern. The required tabulation and plot of
the measured relative field pattern must be obtained either by building
a full-size mockup of the antenna and supporting structures or by
constructing a scale model of the antenna and structures on a test
range or in an anechoic chamber. Joint Petitioners pointed out that FM
radio is the only broadcast service that specifically requires stations
using directional antennas to provide such physical measurements. Both
the full- and scale-model measurement approaches, said Joint
Petitioners, increase costs and are time-consuming. Joint Petitioners
also pointed out a number of difficulties with physical measurement,
such as problems in accurately replicating the installed antenna
environment, including nearby structures that could affect the radiated
pattern. A properly implemented computer model, according to Joint
Petitioners, could take these factors into account, leading to a more
accurate and less expensive pattern verification.
3. The Commission released the NPRM on November 15, 2021, FCC 21-
117, in which it proposed to amend its rules to provide the option for
verifying FM directional patterns through computer modeling, and sought
comment on the proposal, which would apply not only to license
applications for new FM facilities, but to FM broadcast station
licensees applying to license facility modifications. The Commission
proposed, among other things, that the license applicant must provide
the Commission with details of the software tools used in modeling the
antenna's directional pattern and the process by which the computer
modeling was carried out, as well as the qualifications of the
engineer(s) who designed, modeled, and provided installation
instructions for the directional antenna. The NPRM also posed several
questions designed to determine whether and how best to implement a
computer modeling standard. It asked whether there are easily
obtainable physical
[[Page 35427]]
measurements that can be used to verify the computer model's accuracy;
whether there is a voluntary consensus standard or common computer
model that antenna manufacturers and/or broadcast engineers agree
provides the greatest accuracy; whether the most widely used
directional FM antenna modeling software has a common theoretical basis
that would allow Commission staff to evaluate the results generated by
other software programs sharing the same theoretical basis; and how the
staff should proceed in cases where there are interference complaints
or other disputes as to the performance of a directional FM antenna
that has been verified through a computer model (noting that such
complaints are currently uncommon). Finally the NPRM sought general
input regarding commenters' experiences with directional FM computer
modeling software and its accuracy vis-[agrave]-vis real world
performance.
4. Discussion. Several commenters that shared their experiences
with computer modeling provided positive reports on the accuracy of
computer models in depicting an antenna's directional pattern. The
majority of the comments favored the proposal to amend the rules to
allow computer modeling to verify FM directional antenna patterns as a
means to provide license applicants with greater flexibility and to
reduce overall costs for antenna manufacturers and broadcasters.
5. As discussed in more detail below, the Commission amended its
rules to allow license applicants for directional FM facilities to
verify the directional antenna patterns by submitting results from
computer models depicting the antenna's performance, as long as they
are generated by the antenna's manufacturer. This modest rule change
allows for similar treatment of FM and LPFM directional antenna
performance verification and AM and DTV licensing, which do not
preclude the use of computer modeling to verify directional antenna
performance. This rule change will reduce the cost of designing and
building an FM or LPFM directional antenna, savings that should be
passed on to the broadcast applicant and thus reduce the cost of
station construction. Additionally, a less expensive directional
antenna should provide an FM or LPFM applicant with greater flexibility
in antenna siting. As is explained below, the Commission also declined
to adopt several of the proposals in the NPRM.
6. Based on strong record support that antenna manufacturers should
be allowed to perform computer modeling of their products' directional
patterns, the Commission updated 47 CFR 73.316, to provide license
applicants with the option to submit either computer results generated
by the antenna's manufacturer, or physical proof of antenna
directionality pursuant to current practice. As one commenter stated,
antenna manufacturers are in the best position to perform computer
modeling of their own products because they have the historic data to
know how a specific radiator performs in a particular environment.
After reviewing the comments, as well as its rules and application
procedures, the Commission was convinced that it can provide the
intended regulatory relief for broadcasters and manufacturers with only
this minimal change to its verification requirements. It further found
that this change would achieve its goal of conforming the FM
directional rules with similar rules governing AM and DTV stations
(see, e.g., 47 CFR 73.151 (AM directional antenna systems), 73.685(f)
(DTV directional antennas)), while maintaining the integrity of its
licensing requirements. It concluded that because antenna manufacturers
are best positioned to provide license applicants with accurate and
sufficient proofs of performance using computer models, it should amend
its rules to provide license applicants with the option to submit a
computer-modeled proof of performance on the condition that such proof
is provided to the licensee by the antenna manufacturer.
7. Under current Commission rules, when license applicants submit
the showings required by 47 CFR 73.316(c)(2)(iii), they almost always
rely on antenna manufacturer-supplied tabulations of the measured
relative field pattern, performed either on a full-scale test range or
with a scale model of the antenna. The Commission wished to continue to
rely on the antenna manufacturer to validate directionality as it
introduced the option for computer modeling. It agreed with commenters
that the manufacturers are in the best position to ensure the validity
of the computer model and the accuracy of the results. It also found
that manufacturers have an incentive to represent accurately their
products' performance, both to protect their own reputations and to
avoid negative consequences for their customers who face interference
complaints and regulatory action if their antenna patterns do not match
what is authorized in their license. Because there was general
agreement among commenters that antenna manufacturers have the
expertise and knowledge of their products to be able to model the
directional patterns effectively, and because the manufacturers already
provide measured field patterns to their broadcast applicant/customers
for submission to the Commission, it found that license applicants may
submit computer-generated pattern verification from the antenna's
manufacturer in lieu of measured relative field patterns, under the
conditions set forth below. The Commission acknowledged commenter
concern that manufacturer data should not be automatically accepted
without a demonstration that the modeler has a background in physics or
electromagnetic theory, and expected that any manufacturer would have
an interest in providing models prepared by engineers possessing such
expertise. However, given the varying backgrounds of broadcast
engineers, the Commission did not wish to codify what constitutes
qualifications to perform computer modeling. Should a challenge arise
to a computer model, the Commission can and would seek further
information regarding that model, including the qualifications of those
preparing and performing the modeling.
8. The Commission declined to expand the range of entities
authorized to perform computer modeling of directional FM antenna
patterns beyond manufacturers at this time. Although commenters largely
agreed that license applicants should be able to rely on manufacturer
computer modeling to verify FM directional patterns for that
manufacturer's antennas, there was less agreement as to whether others
should be allowed to perform computer modeling to verify FM directional
antenna patterns. The Commission declined at this time to expand the
range of entities authorized to perform computer modeling of
directional FM antenna patterns beyond antenna manufacturers. While
acknowledging that there are individuals and entities other than
antenna manufacturers that are qualified to perform computer modeling
of directional FM antenna patterns, the Commission elected at this
point to rely on antenna manufacturers to perform computer modeling
consistent with current industry practice. Although there is no such
limitation on those who can perform computer modeling for AM and DTV
directional antennas, it found a more cautious approach is required for
FM, given the greater number of FM stations versus DTV stations using
directional antennas, and given that AM directional patterns are
subject to continual verification through sampling that is not possible
with FM directional antennas.
[[Page 35428]]
As more experience is gained with computer modeling of directional FM
antenna patterns, the Commission will explore expanding the range of
entities authorized to perform computer modeling beyond manufacturers.
9. Although the NPRM asked several questions about which software
products should be used for computer modeling, the Commission declined
to prescribe any particular modeling software that the antenna
manufacturers must use, instead leaving this to the manufacturer's
discretion. Commenters generally agreed that it should not dictate
specific software products, for reasons ranging from concern about
creating software monopolies or duopolies, to cost of software
generally, to encouraging creation of new and better software products.
Based on the comments, the Commission concluded that antenna
manufacturers should have discretion to use either commercially
available software products or their own proprietary software subject
to the requirements set out below. Thus, if the license applicant's
submission includes modeled pattern predictions from a commercially
available software program, the manufacturer's report need only
identify it; if the antenna manufacturer generates results using custom
software the manufacturer created or that was created for the
manufacturer, the Commission will require a description of the software
and the computational methods underlying the software sufficient to
replicate the results if necessary.
10. As proposed in the NPRM, no matter which model or software is
used, when a license application includes a proof of FM directional
antenna performance obtained through computer modeling, the Commission
will require that the application include a statement setting forth the
name(s) and qualifications of the engineer(s) who designed the antenna,
performed the modeling, and prepared the manufacturer's instructions
for installing the antenna. The submission must also include a
statement from such engineer(s) identifying and describing the software
tools used in the model and the procedures used in running the
software. It will also require a certification that the software
executed normally without generating any error messages or warnings
indicating something was wrong with the inputs. As proposed in the
NPRM, and supported by commenters, such computer modeling must analyze
the antenna mounted on a tower or tower section, and the tower or tower
section model must include transmission lines, appurtenances, ladders,
conduits, other antennas, and any other installations that could affect
the computer modeled directional pattern. The submission statement must
list and describe all such elements and structures included in the
model.
11. The Commission also found sufficient reason to require
verification of the accuracy of the pattern generated using a
particular modeling software once for each directional antenna model
number or standardized series of elements. Several commenters suggested
that, once a directional antenna is modeled using a particular modeling
software, a full-size or scale model of that antenna, or a single
element thereof, should be constructed and the pattern measured in
order to test the validity of the modeling method, with two of those
commenters stating that once this process is completed for a particular
antenna using a particular modeling software, it need not be repeated
unless the modeling method changes. The Commission agreed, and stated
that in order to assist Commission staff in accuracy verification, the
first time the directional pattern of a particular model of antenna is
verified using a particular modeling software, it will require the
license applicant to submit to the Commission both the results of the
computer modelling and measurements of either a full-size or scale
model of the antenna or elements thereof, demonstrating reasonable
correlation between the measurements achieved and the computer model
results. Once a particular antenna model or series of elements has been
verified by any license applicant using a particular modeling software,
the Commission will permit all subsequent license applicants using the
same antenna model number or elements and using the same modeling
software to submit the computer model for the subsequent antenna
installation, and to cross-reference the original submission by
providing the application file number. The Commission believed that
this will provide a sufficient basis to verify that the computer model
has been shown correctly to describe the pattern generated by the
antenna or elements.
12. These changes, in combination with the Commission's existing
requirement that the license applications include the tabulations and
plot of the directional pattern prescribed in Sec. 73.316, were deemed
to be a sufficient basis for Commission staff to evaluate applications
involving FM directional antennas. Applicants will be required to
submit, as they do now, a statement from the engineer responsible for
installing the antenna, certifying that the antenna has been installed
pursuant to the manufacturer's instructions, and a statement from a
licensed surveyor, verifying that the antenna is properly oriented.
13. In light of the record, the Commission did not change its
current policies regarding interference complaints or disputes. In the
NPRM, it asked whether its existing policies are sufficient to resolve
any interference complaints or disputes pertaining to directional FM
antennas. Most commenters agreed that interference was not and would
not be a problem, and no changes to current interference rules and
procedures were requested. One commenter, which did not support
computer modeling, contended that the proposed rule changes will
increase FM interference due to modeled directional patterns that do
not accurately reflect the actual directional signals. It also argued
that this will increase inter-station interference disputes because
full-service FM stations, unlike secondary services such as FM
translators, need not cease operations upon receiving interference
complaints. While acknowledging these concerns, the Commission stated
that by requiring initial computer models of antennas and components
using a particular modeling software to be verified by measurements,
these concerns are sufficiently addressed.
14. The Commission found that its action provided the least
disruptive means to update licensing of FM stations with directional
antennas, while still allowing for the benefits of computer modeling
set forth in the Joint Petition and the NPRM. It reiterated that the
rule changes adopted are optional, and that applicants may still submit
measured relative field patterns rather than computer modeled patterns
if they so desire. The Commission finally found that the record did not
provide sufficient support for further changes to its application
procedures, nor does it support changes to our interference complaint
and resolution policies, and therefore made no other changes to its
rules at this time.
Procedural Matters
15. Regulatory Flexibility Analysis. As required by the Regulatory
Flexibility Act of 1980, as amended (RFA) an Initial Regulatory
Flexibility Analysis (IRFA) was incorporated in the NPRM to this
proceeding. The Commission sought written public comment on the
proposals in the NPRM, including comment on the IRFA. The Commission
received no comments on the IRFA. This Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA. See 5 U.S.C. 604.
[[Page 35429]]
16. Need for, and Objectives of, the Report and Order. This
document adopts rule changes to provide FM and Low-Power FM (LPFM)
license applicants the option to submit computer models to verify
directional antenna patterns on condition that such proof is provided
to the licensee by the antenna manufacturer.
17. Amending these rules will allow for similar treatment of
directional FM stations and directional TV, DTV, and AM broadcast
stations, and will eliminate unnecessary burdens on broadcasters.
18. Summary of Significant Issues Raised by Public Comments in
Response to the IRFA. There were no comments to the IRFA filed.
19. Response to Comments by the Chief Counsel for Advocacy of the
Small Business Administration. Pursuant to the Small Business Jobs Act
of 2010, which amended the RFA, the Commission is required to respond
to any comments filed by the Chief Counsel for Advocacy of the Small
Business Administration (SBA), and to provide a detailed statement of
any change made to the proposed rules as a result of those comments.
The Chief Counsel did not file any comments in response to the proposed
rules in this proceeding.
20. Description and Estimate of the Number of Small Entities to
Which the Rules Apply. The RFA directs the Commission to provide a
description of and, where feasible, an estimate of the number of small
entities that will be affected by the rules adopted herein. The RFA
generally defines the term ``small entity'' as having the same meaning
as the terms ``small business,'' ``small organization,'' and ``small
government 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
Small Business Administration (SBA).
21. Radio Stations. Radio stations are an Economic Census category
that ``comprises establishments primarily engaged in broadcasting aural
programs by radio to the public. Programming may originate in their own
studio, from an affiliated network, or from external sources.'' The SBA
has established a small business size standard for this category as
firms having $41.5 million or less in annual receipts. 13 CFR 121.201,
NAICS code 515112 Radio Stations.
22. Economic Census data for 2012 shows that 2,849 radio station
firms operated during that year. Of that number, 2,806 operated with
annual receipts of less than $25 million per year, 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, the Commission concluded 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 FM stations to be 6,763. According to
BIA/Kelsey Publications, Inc.'s Media Access Pro Database, as of March
2020, 6,762 commercial FM stations had revenues of $41.5 million or
less. In addition, the Commission has estimated the number of
noncommercial educational FM radio stations to be 4,119, and the number
of Low Power FM (LPFM) stations to be 2,049. NCE stations are non-
profit, and all LPFM stations are NCE stations, and all are therefore
considered to be small entities. Accordingly, the Commission estimates
that the majority of radio broadcast stations are small entities. In
assessing whether a business concern qualifies as small under the above
definition, however, business (control) affiliations must be included.
This estimate, therefore, likely overstates the number of small
entities that might be affected by the Commission's action, because the
revenue figure on which it is based does not include or aggregate
revenues from affiliated companies.
24. Moreover, as noted above, an element of the definition of
``small business'' is that the entity not be dominant in its field of
operation. The Commission is unable at this time to define or quantify
the criteria that would establish whether a specific radio station is
dominant in its field of operation. Accordingly, the estimate of small
businesses to which rules may apply does not exclude any radio station
from the definition of a small business on this basis and therefore may
be over-inclusive to that extent. Also, as noted, an additional element
of the definition of ``small business'' is that the entity must be
independently owned and operated. The Commission notes that it is
difficult at times to assess these criteria in the context of media
entities and the estimates of small businesses to which they apply may
be over-inclusive to this extent.
25. Description of Projected Reporting, Record Keeping and Other
Compliance Requirements. The rule changes adopted in the Report and
Order do not include any notification or recordkeeping requirements.
26. Steps Taken to Minimize Significant Impact on Small Entities,
and Significant Alternatives Considered. 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.
27. The rules adopted or amended in the Report and Order, while
potentially imposing new substantive requirements on FM and LPFM radio
stations, are voluntary in nature, giving applicants for licensing
directional FM broadcast stations the option of submitting computer
models rather than submitting measured directional patterns. Applicants
wishing to continue submitting measured patterns may do so; however, it
is anticipated that computer modeling will save applicants money and
may increase the accuracy of the directional pattern verification.
Significant alternatives would include continuing to require
submissions of measured FM directional antenna patterns rather than
computer models; however, in the Commission's judgment the option of
submitting computer models rather than measurements reduces financial
burdens to FM stations when installing an FM directional antenna.
28. Report to Congress. The Commission will send a copy of the
Report and Order, including the FRFA, in a report to Congress and the
Government Accountability Office pursuant to the Small Business
Regulatory Enforcement Fairness Act of 1996. In addition, the
Commission will send a copy of the Report and Order, including the
FRFA, to the Chief Counsel for Advocacy of the Small Business
Administration. A copy of the Report and Order and FRFA (or summaries
thereof) will also be published in the Federal Register.
29. Paperwork Reduction Act Analysis. The Report and Order may
contain new or modified information collection requirements subject to
the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. The
[[Page 35430]]
requirements will be submitted to the Office of Management and Budget
(OMB) for review under section 3507(d) of the PRA. OMB, the general
public, and other Federal agencies are invited to comment on the new or
modified information collection requirements contained in this
proceeding. In addition, we note that pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4), we previously sought specific comment on how the Commission
might further reduce the information collection burden for small
business concerns with fewer than 25 employees.
30. 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 is ``non-
major'' under the Congressional Review Act, 5 U.S.C. 804(2). The
Commission will send a copy of this Report and Order to Congress and
the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
Ordering Clauses
31. 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, the Report and
Order is adopted and will become effective 30 days after publication in
the Federal Register.
32. It is further ordered that Part 73 of the Commission's rules is
amended as set forth in the Final Rules, and such rule amendments will
become effective 30 days after publication in the Federal Register,
except that the rule changes to Sec. Sec. 73.316 and 73.1690, which
may contain new or modified information collection requirements, will
not become effective until the Office of Management and Budget
completes review of any information collection requirements that the
Media Bureau determines is required under the Paperwork Reduction Act.
The Commission directs the Media Bureau to announce the effective dates
for the rule changes to Sec. Sec. 73.316 and 73.1690 by subsequent
Public Notice.
33. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of the Report and Order, including the Final Regulatory
Flexibility Certification, to the Chief Counsel for Advocacy of the
Small Business Administration.
34. It is further ordered that the Commission shall send a copy of
the Report and Order 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).
35. It is further ordered that, should no petitions for
reconsideration or petitions for judicial review be timely filed, MB
Docket No. 21-422 shall be terminated and its docket closed.
List of Subjects in 47 CFR Part 73
Communications equipment, Radio, Reporting and recordkeeping
requirements, Television.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 73 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. Delayed indefinitely, amend Sec. 73.316 as follows:
0
a. Revise paragraph (c)(2)(iii);
0
b. Redesignate paragraphs (c)(2)(iv) through (ix) as paragraphs
(c)(2)(v) through (x);
0
c. Add new paragraph (c)(2)(iv); and
0
d. Revise newly redesignated paragraph (c)(2)(x).
The revisions and addition read as follows:
Sec. 73.316 FM antenna systems.
* * * * *
(c) * * *
(2) * * *
(iii) A tabulation of the measured or computer modeled relative
field pattern required in paragraph (c)(1) of this section. The
tabulation must use the same zero degree reference as the plotted
pattern, and must contain values for at least every 10 degrees.
Sufficient vertical patterns to indicate clearly the radiation
characteristics of the antenna above and below the horizontal plane.
Complete information and patterns must be provided for angles of -10
deg. from the horizontal plane and sufficient additional information
must be included on that portion of the pattern lying between + 10 deg.
and the zenith and -10 deg. and the nadir, to conclusively demonstrate
the absence of undesirable lobes in these areas. The vertical plane
pattern must be plotted on rectangular coordinate paper with reference
to the horizontal plane. In the case of a composite antenna composed of
two or more individual antennas, the composite antenna pattern should
be used, and not the pattern for each of the individual antennas.
(iv) When the relative field pattern is computer modeled, as
permitted in paragraphs (c)(2)(iii) and (x) of this section and in
Sec. 73.1690(c)(2), the computer model must be generated by the
manufacturer of the antenna, and must include a statement from the
engineer(s) responsible for designing the antenna, performing the
modeling, and preparing the manufacturer's instructions for
installation of the antenna, that identifies and describes the software
tool(s) used in the modeling and the procedures applied in using the
software. It must also include a certification that the software
executed normally without generating any error messages or warnings
indicating an error in the program inputs. Such computer modeling shall
include modeling of the antenna mounted on a tower or tower section,
and the tower or tower section model must include transmission lines,
ladders, conduits, appurtenances, other antennas, and any other
installations that may affect the computer modeled directional pattern.
The first time the directional pattern of a particular model of antenna
is verified using a particular modeling software, the license applicant
must submit to the Commission both the results of the computer modeling
and measurements of either a full-size or scale model of the antenna or
elements thereof, demonstrating reasonable correlation between the
measurements achieved and the computer model results. Once a particular
antenna model or series of elements has been verified by any license
applicant using a particular modeling software, subsequent license
applicants using the same antenna model number or elements and using
the same modeling software to verify the directional pattern may submit
the computer model for the subsequent antenna installation and cross-
reference the original submission by providing the application file
number.
* * * * *
(x)(A) For a station authorized pursuant to Sec. 73.215 or Sec.
73.509, a showing that the root mean square (RMS) of the measured or
computer modeled composite antenna pattern (encompassing both the
horizontally and vertically polarized radiation components (in relative
field)) is at least 85 percent of the RMS of the authorized
[[Page 35431]]
composite directional antenna pattern (in relative field). The RMS
value, for a composite antenna pattern specified in relative field
values, may be determined from the following formula:
RMS = the square root of:
[(relative field value 1)\2\ + (relative field value 2)\2\ + .... +
(last relative field value)\2\]
total number of relative field values
(B) Where the relative field values are taken from at least 36
evenly spaced radials for the entire 360 degrees of azimuth. 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 60 dBu contour
covers at least a portion of the community of license.
* * * * *
0
3. Effective July 11, 2022, amend Sec. 73.1620 by revising paragraph
(a)(3) to read as follows:
Sec. 73.1620 Program tests.
(a) * * *
(3) FM licensees replacing a directional antenna pursuant to Sec.
73.1690(c)(2) without changes which require a construction permit (see
Sec. 73.1690(b)) may immediately commence program test operations with
the new antenna at one half (50%) of the authorized ERP upon
installation. If the directional antenna replacement is an EXACT
duplicate of the antenna being replaced (i.e., same manufacturer,
antenna model number, and measured or computer modeled composite
pattern), program tests may commence with the new antenna at the full
authorized power upon installation. The licensee must file a
modification of license application on FCC Form 2100, Schedule 302-FM
within 10 days of commencing operations with the newly installed
antenna, and the license application must contain all of the exhibits
required by Sec. 73.1690(c)(2). After review of the modification-of-
license application to cover the antenna change, the Commission will
issue a letter notifying the applicant whether program test operation
at the full authorized power has been approved for the replacement
directional antenna.
* * * * *
0
4. Delayed indefinitely, amend Sec. 73.1690 by revising paragraphs
(c)(2) introductory text and (c)(2)(i) through (iii) to read as
follows:
Sec. 73.1690 Modification of transmission systems.
* * * * *
(c) * * *
(2) Replacement of a directional FM antenna, where the measured or
computer modeled composite directional antenna pattern does not exceed
the licensed composite directional pattern at any azimuth, where no
change in effective radiated power will result, and where compliance
with the principal coverage requirements of Sec. 73.315(a) will be
maintained by the measured or computer modeled directional pattern. The
antenna must be mounted not more than 2 meters above or 4 meters below
the authorized values. The modification of license application on FCC
Form 2100, Schedule 302-FM to cover the antenna replacement must
contain all of the data in paragraphs (c)(2)(i) through (v) of this
section. Program test operations at one half (50%) power may commence
immediately upon installation pursuant to Sec. 73.1620(a)(3). However,
if the replacement directional antenna is an exact replacement (i.e.,
no change in manufacturer, antenna model number, AND measured or
computer modeled composite antenna pattern), program test operations
may commence immediately upon installation at the full authorized
power.
(i) A measured or computer modeled directional antenna pattern and
tabulation on the antenna manufacturer's letterhead showing both the
horizontally and vertically polarized radiation components and
demonstrating that neither of the components exceeds the authorized
composite antenna pattern along any azimuth.
(ii) Contour protection stations authorized pursuant to Sec.
73.215 or Sec. 73.509 must attach a showing that the RMS (root mean
square) of the composite measured or computer modeled directional
antenna pattern is 85% or more of the RMS of the authorized composite
antenna pattern. See Sec. 73.316(c)(9). If this requirement cannot be
met, the licensee may include new relative field values with the
license application to reduce the authorized composite antenna pattern
so as to bring the measured or computer modeled composite antenna
pattern into compliance with the 85 percent requirement.
(iii) A description from the manufacturer as to the procedures used
to measure or computer model the directional antenna pattern. The
antenna measurements or computer modeling must be performed with the
antenna mounted on a tower, tower section, or scale model equivalent to
that on which the antenna will be permanently mounted, and the tower or
tower section must include transmission lines, ladders, conduits, other
antennas, and any other installations which may affect the measured or
computer modeled directional pattern.
* * * * *
[FR Doc. 2022-11688 Filed 6-9-22; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on June 10, 2022.
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.