Rule2024-07910
Program Originating FM Broadcast Booster Stations
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
April 16, 2024
Effective
May 16, 2024
Issuing agencies
Federal Communications Commission
Abstract
In a Report and Order, the Federal Communications Commission (Commission) finds that allowing FM booster stations to originate content on a limited basis would serve the public interest. The Report and Order adopts rules to allow for the voluntary implementation of program originating FM booster stations, subject to future adoption of processing, licensing, and service rules proposed concurrently in a further notice of proposed rulemaking, published elsewhere in this issue of the Federal Register. The rule changes in this document are needed to expand the potential uses of FM booster stations, which currently may not originate programming. The intended effect is to allow radio broadcasters to provide more relevant localized programming and information to different zones within their service areas.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 74 (Tuesday, April 16, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 74 (Tuesday, April 16, 2024)]
[Rules and Regulations]
[Pages 26786-26793]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07910]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 11, 73, and 74
[MB Docket No. 20-401; FCC 24-35; FR ID 213398]
Program Originating FM Broadcast Booster Stations
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In a Report and Order, the Federal Communications Commission
(Commission) finds that allowing FM booster stations to originate
content on a limited basis would serve the public interest. The Report
and Order adopts rules to allow for the voluntary implementation of
program originating FM booster stations, subject to future adoption of
processing, licensing, and service rules proposed concurrently in a
further notice of proposed rulemaking, published elsewhere in this
issue of the Federal Register. The rule changes in this document are
needed to expand the potential uses of FM booster stations, which
currently may not originate programming. The intended effect is to
allow radio broadcasters to provide more relevant localized programming
and information to different zones within their service areas.
DATES: Effective date: May 16, 2024.
FOR FURTHER INFORMATION CONTACT: Albert Shuldiner, Chief, Media Bureau,
Audio Division, (202) 418-2721, <a href="/cdn-cgi/l/email-protection#26674a4443545208754e534a424f4843546640454508414950"><span class="__cf_email__" data-cfemail="93d2fff1f6e1e7bdc0fbe6fff7fafdf6e1d3f5f0f0bdf4fce5">[email protected]</span></a>; Irene
Bleiweiss, Attorney, Media Bureau, Audio Division, (202) 418-2785,
<a href="/cdn-cgi/l/email-protection#19506b7c777c375b757c706e7c706a6a597f7a7a377e766f"><span class="__cf_email__" data-cfemail="fab3889f949fd4b8969f938d9f938989ba9c9999d49d958c">[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,
<a href="/cdn-cgi/l/email-protection#7e3d1f0a16075029171212171f130d3e181d1d50191108"><span class="__cf_email__" data-cfemail="c685a7b2aebfe891afaaaaafa7abb586a0a5a5e8a1a9b0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order (R&O), MB Docket No. 20-401; FCC 24-35, adopted on March 27,
2024, and released on April 2, 2024. 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#54323737616460143237377a333b22"><span class="__cf_email__" data-cfemail="e4828787d1d4d0a4828787ca838b92">[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 1909 on January 11, 2021.
Paperwork Reduction Act of 1995 Analysis
This document does not contain 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 burdens 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).
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 these rules are non-major under the Congressional Review
Act, 5 U.S.C. 804(2). The Commission will send a copy of the R&O to
Congress and the Government Accountability Office (GAO) pursuant to 5
U.S.C. 801(a)(1)(A).
Synopsis
1. Introduction. In the R&O, the Commission expands the potential
uses of FM boosters, which are low power, secondary stations that
operate in the FM broadcast band. As a secondary service, FM booster
stations are not permitted to cause adjacent-channel interference to
other primary services or previously-authorized secondary stations.
They must operate on the same frequency as the primary station, and
have been limited to rebroadcasting the primary station's signal in its
entirety (i.e., no transmission of original content). Historically, the
sole use of FM boosters has been to improve signal strength of primary
FM stations in areas where reception is poor due to terrain or distance
from the transmitter. The R&O amends the Commission's rules to allow FM
and low power FM (LPFM) broadcasters to employ FM booster stations to
originate programming for up to three minutes per hour. This represents
a change from current requirements of 47 CFR 74.1201(f) and 74.1231
which, respectively, define FM booster stations as not altering the
signal they receive from their primary FM station and prohibit FM
boosters from making independent transmissions.
2. GeoBroadcast Solutions, LLC (GBS), the proponent of the rule
changes, has developed technology designed to allow licensees of
primary FM and LPFM broadcast stations to ``geo-target'' a portion of
their programming by using FM boosters to originate different content
for different parts of their service areas. Prior to proposing rule
changes, GBS tested its technology under different conditions in three
radio markets and concluded that the technology could be deployed for
limited periods of time within the primary station's protected service
contour without causing any adjacent-channel interference, and that any
resulting co-channel interference (self-interference to the licensee's
own signal) would be manageable and not detrimental to listeners. GBS
filed a Petition for Rulemaking (Petition) seeking to allow FM boosters
to originate programming. The Petition suggested that geo-targeted
broadcasting can deliver significant value to broadcasters,
advertisers, and listeners in distinct communities by broadcasting more
relevant localized information and advancing diversity. Stations might,
for example, air hyper-local news and weather reports most relevant to
a particular community. Stations also might air advertisements or
underwriting acknowledgements from businesses that are only interested
in reaching small geographic areas, thereby enhancing the stations'
ability to compete for local support. GBS pointed out that many other
types of media, such as online content providers, cable companies, and
newspapers are able to differentiate their content geographically, but
that no such option has existed for radio broadcasting. On April 2,
2020, the Consumer and Governmental Affairs Bureau issued a
[[Page 26787]]
public notice seeking comment on the Petition. The Petition garnered
significant public participation.
3. The Commission released a notice of proposed rulemaking (NPRM)
on December 1, 2020, FCC 20-166, to seek comment on the GBS proposal
and published a Federal Register summary on January 11, 2021, 86 FR
1909. The NPRM posed questions to determine whether--and if so, how--to
change FM booster station rules to permit FM boosters to transmit
original geo-targeted content. It asked whether booster program
origination may result in self-interference that would be disruptive to
listeners and whether there are alternatives to GBS's proposal. The
NPRM also invited comment on whether to require programming originated
by the FM booster station to be ``substantially similar'' to the
primary station's programming, as GBS had proposed, and how to define
that term. Additionally, the NPRM sought comment on the potential
impact of GBS's proposal on primary station broadcasts, the Emergency
Alert System (EAS), and digital HD Radio broadcasts. Finally, the NPRM
asked commenters to address the potential public interest implications
of geo-targeted content on localism, diversity, and competition in the
media marketplace. GBS clarified in its comments that it was proposing
that boosters be allowed to originate programming for up to three
minutes per hour.
4. After the comment period closed, the Commission granted GBS's
request for experimental authority to conduct additional tests and
required GBS to report the results. The reports contained detailed
information about the technology's operation in two additional radio
markets, its compatibility with the EAS, and potential impact on
digital FM broadcasts. Because this information was not available to
the public during the NPRM comment cycle, the Commission issued a
public notice on April 18, 2022, DA 22-429, opening the record for
additional comments.
5. Discussion. The issues raised in this proceeding fall into three
broad categories: (1) non-technical matters such as the advantages and
disadvantages of program originating boosters from an economic and
public interest perspective; (2) technical issues such as whether
program originating boosters, if properly engineered, would cause
harmful interference to their primary station or adjacent channel
stations; and (3) administrative matters the Commission would need to
address in order to authorize program originating boosters and respond
to any resulting operational issues. The R&O resolves the first two
categories by determining that program originating boosters limited to
originating programming for three minutes per hour would serve the
public interest and that concerns about the technology's impact on
advertising revenue of other broadcasters and harmful interference are
speculative. The R&O also concludes that properly engineered program
originating boosters will not cause interference to the primary station
or adjacent channel stations. Any interference concerns that arise in
individual circumstances can be addressed by the Bureau through
conditions imposed as part of the authorization process. Thus, the R&O,
the Commission finds that it is in the public interest to allow FM and
low power FM (LPFM) broadcasters to use FM booster stations to provide
booster-originated content on a voluntary, limited basis, subject to
certain restrictions described in the R&O, and further subject to the
adoption of licensing, interference and service rules proposed in the
concurrently adopted FNPRM that would be required to authorize
broadcasters to originate programming on boosters on a permanent basis.
The ability to originate content will enable broadcasters to serve
specific geographic segments within their broadcast areas, could open
up more affordable advertising to smaller and minority-owned
businesses, and generally provide broadcasters and listeners options
for more targeted and varied advertising and content.
6. Non-technical Matters. In order to distinguish between a booster
station used only to fill in gaps in service and a program originating
FM booster station, the R&O adopts a new definition of program
originating boosters. As suggested by GBS, the definition provides that
program originating boosters may air no more than three minutes per
hour of booster-originated content. Commenters, while focusing on the
overall pros and cons of booster-originated content, did not raise any
concern that a three minute per hour limitation is too long or too
short. The Commission believes that three minutes per hour is
sufficient to achieve the technology's goals, and provides the best
balance between the desire to offer broadcasters the flexibility to
originate content on boosters, and the need for safeguards to minimize
the risks of interference as the Commission assesses the rollout of
this new technology. Given adoption of this three-minute limit, the
Commission finds it unnecessary to further limit the definition of a
program originating booster as one airing programming that is
``substantially similar'' to the main station's, as GBS had also
proposed.
7. In addition, the R&O determines that the potential public
interest advantages of program originating boosters outweigh potential
disadvantages. It finds that concerns about the impact of program
originating boosters on advertising revenue of other broadcasters are
not supported by the record. Commenters differ on whether program
originating boosters would be beneficial or harmful to stations,
advertisers, listeners, the radio industry, and the overall economy.
There is general consensus among the commenters that the radio industry
has experienced declining revenues over the past decade, and continues
to lose advertising market share to other media sources. However, while
supporters view program originating boosters as a solution capable of
reversing that trend, opponents believe such booster use would
exacerbate these financial challenges. The record reflects that the
potential costs and benefits of program originating boosters on
broadcast revenue will likely vary from station to station and market
to market. Because the use of boosters would be voluntary for stations
and potentially beneficial to listeners and consumers, the R&O finds
that the public interest will be served by providing each individual
radio licensee the opportunity to evaluate whether or not program
originating booster use would be advantageous under its own unique
circumstances.
8. Commenters also differ in opinion on the potential impact of
program originating boosters on advertising revenue. Supporting
commenters state that program originating boosters can provide
advertisers with better opportunities to direct messages to the
listeners they want to reach, and may also provide listeners with
content that is more relevant and engaging to their areas of interest.
Opposing commenters, however, are concerned that targeted programming
or advertising could result in intentional or inadvertent socio-
economic ``redlining,'' giving advertisers the means to reach more
``desirable'' neighborhoods and to overlook others. Some argue that
geo-targeting would make it easier for businesses to avoid advertising
to minority and low-income communities. Other commenters dispute these
arguments because their review of business and academic literature
found no documented redlining by other types local media that can
already offer geo-targeted content.
9. The R&O finds that program originating boosters could further
the
[[Page 26788]]
public interest by enabling radio stations to seek new sources of
revenue while providing audiences with hyper-local content. Program
originating boosters could enhance the competitiveness of the overall
FM radio industry by expanding the range of advertising opportunities
available in the relevant geographic areas. The R&O acknowledges the
concern in the comments that program originating boosters could drive
down advertising rates and thereby could negatively impact radio
stations' revenue, but concludes that this concern does not justify
rejecting the authorization of program originating boosters. Whether a
broadcaster could recoup any lost revenues by selling more spots could
vary from market to market and from station to station. It would be up
to each broadcaster to weigh its own individual circumstances, market,
and needs of its community of license to arrive at a voluntary decision
of whether to use boosters for limited program origination. Although
the Commission agrees with some comments that the cost of building and
operating multiple boosters may be too significant for some
broadcasters, it finds that, in many ways, this concern is not
different than the decisions that broadcasters routinely make about
investment in technologies. The R&O rejects as speculative the argument
that stations that would otherwise not adopt program originating
boosters will allegedly be forced to do so in order to compete with
lower advertising rates offered by those stations in a market that have
adopted the technology. The R&O concludes that this theoretical risk
does not outweigh the potential public interest benefits of the
technology. Although the Commission has considered the concern that
some broadcasters and advertisers might have an economic motivation to
use program originating boosters to the disadvantage of certain
communities or geographic areas, the Commission believes that such an
outcome would be unlikely, based on commenter research finding no
documentation of such practices by other local media offering targeted
advertising. With respect to concerns that GBS is a single vendor with
a proprietary technology, the Commission states that it has no reason
to conclude that providers of program originating booster technologies
will have a relationship with a broadcast licensee that is materially
different from any other technology vendor. Nonetheless, the Commission
emphasizes that existing broadcast ownership rules will continue to
apply to licensees, including those that use program originating
boosters.
10. Technical Matters/Interference Issues. With respect to
technical issues, the Commission concludes that properly engineered
program originating boosters will not cause objectionable co-channel
interference to the primary station or adjacent channel interference to
other stations. It further determines that such boosters, when properly
engineered, are compatible with EAS and HD Radio.
11. Co-Channel Self-Interference. The main interference concern in
the record is whether program originating boosters will cause self-
interference to the primary station associated with the booster. Due to
the fact that boosters operate on the same channel as the primary
station and within the primary station's coverage area, there always is
a risk of self-interference. Existing rules currently take this into
account by permitting a booster to cause ``limited interference'' to
its primary station provided it does not disrupt the existing service
of its primary station or cause such interference within the boundaries
of the principal community of its primary station. Because the purpose
of programming originating boosters is to replace the signal of the
primary station for limited periods, the R&O considers the extent to
which self-interference is acceptable.
12. GBS and supporting commenters argue that program originating
boosters can be configured to ensure that any co-channel interference
will be brief. They base this assertion on the tests that GBS
conducted. They also note that broadcasters have a business incentive
to avoid self-interference to the greatest extent possible.
13. Opposing commenters reject these assertions, and are concerned
that self-interference might diminish the audience experience and lead
to listeners becoming frustrated, tuning away, and suspecting that
their car radios are defective. These comments focus primarily on the
methodology of the GBS tests, which they contend were optimized to
avoid showing interference and inadequate by omitting critical
scenarios. Even commenters that do not completely oppose the Petition
urge the Commission to proceed cautiously and to require further
testing.
14. The R&O finds the test record has shown that properly
engineered program originating boosters can be implemented without
causing more than a limited amount of co-channel interference. The
R&O's decision to limit program origination to three minutes per hour
combined with the economic incentive broadcasters have to minimize
self-interference will help to reduce any potential for harmful
interference from a booster's airing of programming different from that
of the primary station. The Commission amends Sec. 74.1203(c) to
clarify that a booster's limited origination of programming does not
cause interference into or disrupt the service of the primary station
solely because it originates programming different from the primary
station. The Commission also amends Sec. 74.1203(c) to eliminate the
specific prohibition on interference within the primary station's
principal community as applied to program originating boosters. The
Commission believes a broadcaster's economic incentive to avoid self-
interference negates the ongoing need for this restriction as applied
to program originating boosters. Retaining the restriction could impede
the voluntary deployment of program originating boosters, and the
corresponding public interest benefits, even in cases of a well-
engineered transition zone located within the primary station's
principal community. However, the Commission retains the requirement
that all boosters may provide only ``limited'' interference to
emphasize the Commission's expectation that booster stations minimize
their impact on their primary station wherever possible. The Commission
will not hesitate to address non-compliance if poorly engineered
program originating booster systems result in unduly large transition
zones or otherwise cause excessive interference.
15. Adjacent Channel Interference. The Commission finds that record
does not contain any evidence that allowing boosters to originate
programming increases their risk of generating adjacent channel
interference. A limited number of commenters address adjacent channel
interference. These commenters support the Commission's conclusion that
program originating boosters will not cause harmful interference to
first-adjacent or second adjacent channel stations.
16. The R&O finds that existing rules provide adequate protection
to ensure boosters do not cause adjacent channel interference. These
rules include a requirement that booster station signals must be
contained within the coverage area of the primary station; operate with
a signal 6 dB less than the signal of a first-adjacent channel full-
service station; and be subject to a process for addressing any claims
of actual interference. As an additional safeguard in this proceeding,
however, the Commission adopts a notification requirement so that the
Commission and interested parties are able to identify
[[Page 26789]]
which booster stations are originating content. This will allow the
Commission to address more quickly any reports of interference or other
issues that may arise through the introduction of program originating
boosters.
17. EAS Compatibility. Consistent with the Commission's findings
about overall interference from program originating boosters, the R&O
concludes these stations can be implemented without causing harmful
interference to the EAS. GBS tests in two markets document successful
reception of EAS tones from both the primary station and the program
originating booster. Engineering consultants hired by supporting
commenters and GBS state that program origination on boosters will have
no effect on EAS because the signals and data contained within the EAS
tones will override any booster-originated content before it is
delivered to the booster.
18. Opposing commenters, however, argue that the EAS tests were
optimized and inadequate. Commenters also express concerns that
individuals crossing an interference zone at a slow rate (which may be
likely during an emergency situation when traffic would be heavier),
could experience longer interruptions to emergency alerts.
19. The R&O notes that no commenter presented definitive evidence
that program originating boosters are incompatible with the EAS or any
evidence that the booster's substitution of programming caused a dead
zone unable to receive an emergency alert. To ensure that listeners to
program originating boosters receive timely emergency alerts, the R&O
requires program originating boosters to receive and broadcast all
emergency alerts in the same manner as their primary station. While the
Commission concludes that this requirement will ensure that EAS
messages are passed through, it states that in light of the significant
concerns that interested parties have expressed about the EAS, and the
importance of the EAS to public safety, the Commission will carefully
monitor the implementation of program originating boosters and may
revisit this issue if it receives reports of interference to EAS tests
and alerts.
20. Impact On HD Radio. Consistent with findings about self-
interference and EAS compatibility, the R&O concludes that it is
possible for program originating boosters to minimize disruption to HD
Radio. GBS, based on tests at one station airing HD Radio, reports that
boosters can originate programming without material degradation of the
listener's experience, when deployed with optimal system design and
successful synchronization. Xperi, the developer of HD Radio, while
having some reservations about the impact on HD due to GBS's limited
testing, concludes that the listener experience was ``generally good''
when characterized by well-designed booster antennas to diminish
transition zone size, and absent synchronization issues. Independent
engineers specializing in HD Radio agree that when professionally
designed and deployed with successful synchronization, the technology
causes ``no appreciable degradation'' to HD Radio signals.
21. Yet, a number of commenters raise concerns that the impact of
program originating boosters on digital radio has not been sufficiently
examined because the one digital station used for GBS testing was
protected by terrain obstructions, and because the test failed to
assess HD3 and HD4 subchannels. Commenters also argue that program
originating boosters could cause significant disruption to HD Radio in
transition regions between the booster and primary signals, causing
listener dissatisfaction. Xperi also asserts that its own testing
confirmed signal degradation in transition zones due to frequent
switching between main and zone audio programs, and loss of both
physical and digital synchronization, resulting in audio outages.
Commenters therefore request further testing and propose potential
scenarios that have not yet been tested.
22. The Commission concludes that program originating boosters can
be designed to minimize interference to or disruption of HD Radio
signals. The R&O finds it significant that Xperi, the developer of HD
Radio, has not opposed the adoption of program originating boosters
even though it has a strong incentive to prevent interference to
digital operations. The Commission also based its conclusion on its
determination that the only potential interference concern of any
significance from program originating boosters is co-channel
interference from the booster to the primary station. Broadcasters that
find they are unable to engineer boosters to avoid co-channel
interference to their HD Radio operations can opt not to implement
those boosters. The definition of program originating boosters adopted
in the R&O, which limits program origination to three minutes per hour,
further reduces the risk of widespread interference to HD Radio
broadcasts. Nonetheless, the Commission recognizes commenter assertions
that testing to date has not examined many typical digital radio
implementations. If the Commission receives reports of significant
disruption to digital broadcasts, it may revisit this issue.
23. Since current use of boosters is a response to weak signals
caused by terrain, few stations now use multiple boosters. The new
ability to originate programming over boosters has the potential to
significantly increase the use of booster stations. Accordingly, in the
FNPRM, the Commission seeks comment on a program originating booster
cap or other measures, and whether they will be necessary to ensure
compliance with the Local Community Radio Act of 2010 (LCRA), and its
license availability requirements regarding FM translator stations,
LPFM stations, and FM booster stations. During the interim when the
Commission is considering these matters proposed in the FNPRM, it will
limit to 25 the number of program originating boosters licensed to each
full-service FM station.
24. Part 5 Authorizations. As of the effective date of the R&O and
until the effective date of final service rules based on the proposals
in the FNPRM, a licensed FM station may originate programming on a
booster under a one-year, renewable experimental authorization obtained
pursuant to 47 CFR part 5. The Commission views experimental use of
program-originating boosters as an appropriate mechanism during the
pendency of the FNPRM because it allows the FCC to closely monitor the
rollout of the technology. In the FNPRM, the Commission seeks comment
on the proposed processing, licensing, and service rules required to
authorize broadcasters to originate programming on boosters on a
permanent basis.
25. Correction of Spelling Error. The Commission also corrects an
error in the spelling of the word ``radial'' in 47 CFR 74.1235.
Procedural Matters
Final Regulatory Flexibility Analysis
26. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Amendment of Section 74.1231(i) of the Commission's
Rules on FM Broadcast Booster Stations, Notice of Proposed Rulemaking
(NPRM), released in December 2020 (86 FR 1909, January 11, 2021). The
Federal Communications Commission (Commission) sought written public
comment on the proposals in the NPRM, including comment on the IRFA. No
comments were filed addressing the IRFA. The Final Regulatory
Flexibility Analysis
[[Page 26790]]
(FRFA) conforms to the RFA. See 5 U.S.C. 604.
A. Need For, and Objectives of, the Report and Order
27. In the Report and Order, the Commission finds that it is in the
public interest to allow FM and low power FM (LPFM) broadcasters to use
FM booster stations to provide booster-originated content on a
voluntary, limited basis, subject to certain restrictions described in
the Report and Order, and further subject to the adoption of licensing,
interference and service rules for origination of content on boosters
as proposed in the concurrently adopted FNPRM. In order to distinguish
between a fill-in station and a Program Originating FM booster station,
the Report and Order adopts a new definition of program originating
boosters. The ability to originate content will enable broadcasters to
serve geographic segments of their broadcast areas, could open up more
affordable advertising to smaller and minority-owned businesses, and
will generally provide broadcasters and listeners options for more
targeted and varied advertising and content that FM stations are not
able to provide today.
28. The issues raised in this proceeding fall into three broad
categories: (1) non-technical matters such as the advantages and
disadvantages of program originating boosters from an economic and
public interest perspective; (2) technical issues such as whether
program originating boosters, if properly engineered, would cause
harmful interference to their primary station or adjacent channel
stations; and (3) administrative matters the Commission would need to
address in order to authorize program originating boosters and respond
to any resulting operational issues. The Report and Order resolves the
first category by adopting a rule that determines program originating
boosters limited to originating programming for three minutes per hour
would serve the public interest. In addition, the Report and Order
determines concerns about the technology's impact on advertising
revenue of other broadcasters and harmful interference are not
supported by the record. It also addresses the second category about
interference by concluding that properly engineered program originating
boosters will not cause interference to the primary station or adjacent
channel stations. The Report and Order also requires that program
originating boosters receive and broadcast all emergency alerts in the
same manner as their primary station. While stations will not be
permitted to install or operate program originating boosters pursuant
to these rules until we adopt final service rules in response to the
FNPRM and such rules have been reviewed by the Office of Management and
Budget, the Commission provides that pending adoption and OMB review of
such rules, stations can pursue experimental authorizations for
installation and use of program originating boosters pursuant to part 5
of our rules. In the FNPRM, the Commission seeks comment on the
proposed processing, licensing, and service rules required to authorize
broadcasters to originate programming on boosters on a permanent basis.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
29. Parties that filed comments did not specifically reference the
IRFA in their comments. Some commenters, however, expressed concern
about increased costs, such as the cost of building and operating
multiple boosters, particularly for smaller broadcasters, and the
initial outlay to cover infrastructure and maintenance expenses, and
additional expenses to hire and train staff, and purchase content
management systems to feed secondary programming to the boosters. In
addition, commenters claim the GeoBroadcast Solutions (GBS) proprietary
technology could ultimately lead to unfavorable rates for small
entities that are late adopters of the technology. These and other
concerns are discussed in section F of this FRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
30. 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. 5 U.S.C. 604(a)(3). The
Chief Counsel did not file any comments in response to the proposed
rules in this proceeding.
D. Description and Estimate of the Number of Small Entities to Which
the Rules Apply
31. The RFA directs the agencies to provide a description of and,
where feasible, an estimate of the number of small entities that may be
affected by the rules adopted herein. 5 U.S.C. 604(a)(4). The RFA
generally defines the term ``small entity'' as having the same meaning
as the terms ``small business,'' ``small organization,'' and ``small
government jurisdiction.'' Id. 601(6). In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act. Id. 601(3). 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. 15 U.S.C. 632.
32. Radio Stations. This industry is comprised of ``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 small business
size standard for this industry classifies firms having $41.5 million
or less in annual receipts as small. 13 CFR 121.201. U.S. Census Bureau
data for 2017 show that 2,963 firms operated in this industry during
that year. Of this number, 1,879 firms operated with revenue of less
than $25 million per year. Id. Based on this data and the SBA's small
business size standard, we estimate a majority of such entities are
small entities.
33. The Commission estimates that as of September 30, 2023, there
were 4,452 licensed commercial AM radio stations and 6,670 licensed
commercial FM radio stations, for a combined total of 11,122 commercial
radio stations. Of this total, 11,120 stations (or 99.98%) had revenues
of $41.5 million or less in 2022, according to Commission staff review
of the BIA Kelsey Inc. Media Access Pro Database (BIA) on October 4,
2023, and therefore these licensees qualify as small entities under the
SBA definition. In addition, the Commission estimates that as of
September 30, 2023, there were 4,263 licensed noncommercial (NCE) FM
radio stations, 1,978 low power FM (LPFM) stations, and 8,928 FM
translators and boosters. The Commission however does not compile, and
otherwise does not have access to financial information for these radio
stations that would permit it to determine how many of these stations
qualify as small entities under the SBA small business size standard.
Nevertheless, given the SBA's large annual receipts threshold for this
industry and the nature of radio station licensees, we presume that all
of these entities qualify as small entities under the SBA small
business size standard.
34. We note, however, that in assessing whether a business concern
qualifies as ``small'' under the above definition, business (control)
affiliations must be included. Our estimate, therefore, likely
overstates the number of small entities that might be affected
[[Page 26791]]
by our action, because the revenue figure on which it is based does not
include or aggregate revenues from affiliated companies. In addition,
another element of the definition of ``small business'' requires that
an entity not be dominant in its field of operation. We are unable at
this time to define or quantify the criteria that would establish
whether a specific radio or television broadcast station is dominant in
its field of operation. Accordingly, the estimate of small businesses
to which the rules may apply does not exclude any radio or television
station from the definition of a small business on this basis and is
therefore possibly over-inclusive. An additional element of the
definition of ``small business'' is that the entity must be
independently owned and operated. Because it is difficult to assess
these criteria in the context of media entities, the estimate of small
businesses to which the rules may apply does not exclude any radio or
television station from the definition of a small business on this
basis and similarly may be over-inclusive.
E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
35. The Report and Order adopts rules requiring compatibility
between program originating boosters and the Emergency Alert System
(EAS) as well as rules limiting program origination to three minutes
per hour. Stations that wish to originate programming on a booster
station may request experimental authorization pursuant to Sec. 5.203
of the Commission's rules, which would require an application
describing the nature, purpose, and duration of the experimental
authorization, and require the station to file any supplemental reports
that flow from this authorization. The Commission's Media Bureau is
required to provide expedited treatment for any such requests. As
discussed previously, the use of program originating boosters will be
voluntary. To the extent that broadcasters choose to use boosters in
this way, they will be required to follow the rules adopted in the
Report and Order. We also note the Commission concurrently adopted an
FNPRM in this proceeding, which proposes modified reporting
requirements for FM booster stations.
F. Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered
36. The RFA requires an agency to provide, ``a description of the
steps the agency has taken to minimize the significant economic impact
on small entities . . . including a statement of the factual, policy,
and legal reasons for selecting the alternative adopted in the final
rule and why each one of the other significant alternatives to the rule
considered by the agency which affect the impact on small entities was
rejected.'' 5 U.S.C. 604(a)(6). In the Report and Order, the Commission
adopted measures authorizing program originating boosters to benefit
the public by providing broadcasters and listeners with increased
options for more targeted and varied advertising and content that many
stations are not able to currently provide. We sought to weigh the
impact of these measures on small entities against the public interest
benefits gained from them and have determined that the benefits
outweigh the costs. Commenters have asserted that while booster use
causes advertising revenues to increase, the gains may be offset by
increased costs. Other commenters claim purchasing program originating
boosters will necessitate additional expenses, such as purchasing
additional content management systems to feed the secondary programming
to the boosters, new sales software to handle sub-areas, and hiring and
retraining staff. In contrast, supporters of FM geotargeting claim the
technology will enable small and minority-owned broadcasters to become
more competitive by attracting new advertisers and listeners, and offer
targeted advertisements relevant to the local community.
37. Commenters also raised concerns about the potential of GBS'
proprietary technology to create unfavorable rates for small entities
who are late adopters. However, we do not require broadcasters to use
the GBS system. Other, more economical solutions that are in compliance
with our interference rules may be viable options for broadcasters.
Lastly, we considered concerns regarding the potential impact of
program originating boosters on minority and female broadcasters,
however, the record does not provide clear evidence concerning the
potential impact to these entities. While we acknowledge and have
considered these concerns, we have determined that the public interest
benefits of localism, diversity, and competition obtained by the
adopted rules outweigh those potential risks.
G. Report to Congress
38. The Commission will send a copy of the Report and Order,
including the FRFA, in a report to Congress pursuant to the
Congressional Review Act, 5 U.S.C. 801(a)(1)(A). In addition, the
Commission will send a copy of the Report and Order, including the
FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the
Report and Order and FRFA (or summaries thereof) will also be published
in the Federal Register. Id. 604(b).
39. Paperwork Reduction Act Analysis. This document does not
contain 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 burdens 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).
40. 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 these rules are ``non-
major'' under the Congressional Review Act, 5 U.S.C. 804(2). The
Commission will send a copy of the Report and Order to Congress and the
Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
Ordering Clauses
41. Accordingly, it is ordered that pursuant to the authority
contained in sections 1, 2, 4(i), 7, 301, 302, 303, 307, 308, 309, 316,
319, and 324 of the Communications Act of 1934, 47 U.S.C. 151, 154,
157, 301, 302, 303, 307, 308, 309, 316, 319, and 324, the Report and
Order is adopted.
42. It is further ordered that the Report and Order and the
amendments to the Commission's rules set forth in Appendix B of the
Report and Order shall be effective 30 days after publication of a
summary in the Federal Register.
43. It is further ordered that the Commission's Office of the
Secretary, Reference Information Center, shall send a copy of the
Report and Order and Further Notice of Proposed Rulemaking, including
the Final and Initial Regulatory Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small Business Administration, and shall
cause it to be published in the Federal Register.
44. It is further ordered that Office of the Managing Director,
Performance Program Management, shall send a copy of the Report and
Order and Further Notice of Proposed Rulemaking in a report to be sent
to Congress and the Government Accountability Office pursuant to the
Congressional Review Act, 5 U.S.C. 801(a)(1)(A).
[[Page 26792]]
List of Subjects
47 CFR Part 11
Radio.
47 CFR Part 73
Communications equipment, Radio, Reporting and recordkeeping
requirements.
47 CFR Part 74
Communications equipment, Radio, Reporting and recordkeeping
requirements, Research.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 11, 73, and 74 as
follows:
PART 11--EMERGENCY ALERT SYSTEM (EAS)
0
1. The authority citation for part 11 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i) and (o), 303(r), 544(g), 606,
1201, 1206.
0
2. Amend Sec. 11.11 by revising paragraph (a) introductory text, table
1 to paragraph (a), and paragraph (b) to read as follows:
Sec. 11.11 The Emergency Alert System (EAS).
(a) The EAS is composed of analog radio broadcast stations
including AM, FM, Low-power FM (LPFM), and program originating FM
booster stations; digital audio broadcasting (DAB) stations, including
digital AM, FM, LPFM, and program originating FM booster stations;
Class A television (CA) and Low-power TV (LPTV) stations; digital
television (DTV) broadcast stations, including digital CA and digital
LPTV stations; analog cable systems; digital cable systems which are
defined for purposes of this part only as the portion of a cable system
that delivers channels in digital format to subscribers at the input of
a Unidirectional Digital Cable Product or other navigation device;
wireline video systems; wireless cable systems which may consist of
Broadband Radio Service (BRS), or Educational Broadband Service (EBS)
stations; DBS services, as defined in Sec. 25.701(a) of this chapter
(including certain Ku-band Fixed-Satellite Service Direct to Home
providers); and SDARS, as defined in Sec. 25.201 of this chapter.
These entities are referred to collectively as EAS Participants in this
part, and are subject to this part, except as otherwise provided in
this section. At a minimum EAS Participants must use a common EAS
protocol, as defined in Sec. 11.31, to send and receive emergency
alerts, and comply with the requirements set forth in Sec. 11.56, in
accordance with the following tables:
Table 1 to Paragraph (a)--Analog and Digital Broadcast Station Equipment Deployment Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Analog &
AM & FM & Digital AM & FM Analog & digital LPFM & Analog &
EAS equipment requirement program & program digital FM program DTV digital class A Analog &
originating FM originating FM class D originating FM TV digital LPTV
booster station booster station booster station
--------------------------------------------------------------------------------------------------------------------------------------------------------
EAS Decoder \1\.................. Y Y Y Y Y Y Y
EAS Encoder...................... Y Y N N Y Y N
Audio message.................... Y Y Y Y Y Y Y
Video message.................... N/A N/A N/A N/A Y Y Y
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ EAS Participants may comply with the obligations set forth in Sec. 11.56 to decode and convert CAP-formatted messages into EAS Protocol-compliant
messages by deploying an Intermediary Device, as specified in Sec. 11.56(b).
* * * * *
(b) Analog class D non-commercial educational FM stations as
defined in Sec. 73.506 of this chapter, digital class D non-commercial
educational FM stations, analog LPFM stations as defined in Sec. Sec.
73.811 and 73.853 of this chapter, digital LPFM stations, analog LPTV
stations as defined in Sec. 74.701(f), and digital LPTV stations as
defined in Sec. 74.701(k) of this chapter are not required to comply
with Sec. 11.32. Analog and digital LPTV stations that operate as
television broadcast translator stations, as defined in Sec. 74.701(b)
of this chapter, are not required to comply with the requirements of
this part. FM broadcast booster stations as defined in Sec.
74.1201(f)(1) of this chapter and FM translator stations as defined in
Sec. 74.1201(a) of this chapter which entirely rebroadcast the
programming of other local FM broadcast stations are not required to
comply with the requirements of this part. Program originating FM
booster stations as defined in Sec. 74.1201(f)(2) of this chapter must
comply with the requirements of this part as set forth in table 1 to
paragraph (a) of this section. International broadcast stations as
defined in Sec. 73.701 of this chapter are not required to comply with
the requirements of this part. Analog and digital broadcast stations
that operate as satellites or repeaters of a hub station (or common
studio or control point if there is no hub station) and rebroadcast 100
percent of the programming of the hub station (or common studio or
control point) may satisfy the requirements of this part through the
use of a single set of EAS equipment at the hub station (or common
studio or control point) which complies with Sec. Sec. 11.32 and
11.33.
* * * * *
PART 73--RADIO BROADCAST SERVICES
0
3. 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
4. Amend Sec. 73.860 by:
0
a. Removing the word ``and'' at the end of paragraph (b)(3);
0
b. Removing the period at the end of paragraph (b)(4) and adding ``;
and'' in its place; and
0
c. Adding paragraph (b)(5).
The addition reads as follows:
Sec. 73.860 Cross-ownership.
* * * * *
(b) * * *
(5) Booster stations commonly owned by LPFM stations may conduct
transmissions independent of those broadcast by the primary LPFM
station for a period not to exceed three minutes of each broadcast
hour. This is a strict hourly limit that may not be exceeded by
aggregating unused minutes of program origination.
* * * * *
[[Page 26793]]
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
5. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 325, 336
and 554.
0
6. Amend Sec. 74.1201 by revising paragraph (f) to read as follows:
Sec. 74.1201 Definitions.
* * * * *
(f) FM broadcast booster station--(1) In general. A station in the
broadcasting service operated for the sole purpose of retransmitting
the signals of an FM radio broadcast station, by amplifying and
reradiating such signals, without significantly altering any
characteristic of the incoming signal other than its amplitude. Unless
specified otherwise, an FM broadcast booster station includes LPFM
boosters as defined in paragraph (l) of this section.
(2) Program originating FM booster station. An FM broadcast booster
station that retransmits the signals of an FM radio broadcast station
or a low-power FM broadcast station, and that may replace the content
of the incoming signal by originating programming for a period not to
exceed three minutes of each broadcast hour. This is a strict hourly
limit that may not be exceeded by aggregating unused minutes of program
origination. A program originating FM booster station is subject to the
same technical and interference protection requirements as are all FM
broadcast booster stations, including but not limited to those set
forth in Sec. Sec. 74.1203 through 74.1262.
* * * * *
0
7. Amend Sec. 74.1203 by revising paragraph (c) to read as follows:
Sec. 74.1203 Interference.
* * * * *
(c) An FM broadcast booster station will be exempted from the
provisions of paragraphs (a) and (b) of this section to the extent that
it may cause limited interference to its primary station's signal,
provided it does not disrupt the existing service of its primary
station or cause such interference within the boundaries of the
principal community of its primary station. A program originating FM
booster station will be exempted from the provisions of paragraphs (a)
and (b) to the extent that it may cause limited interference to its
primary station's signal. A properly synchronized program originating
FM booster station transmitting programming different than that
broadcast by the primary station, subject to the limits set forth in
Sec. 74.1201(f)(2), is not considered to cause interference to its
primary station solely because such originated programming differs from
that transmitted by the primary station.
* * * * *
0
8. Amend Sec. 74.1231 by:
0
a. Revising paragraph (i);
0
b. Removing the note following paragraph (i); and
0
c. Adding paragraph (j).
The addition reads as follows:
Sec. 74.1231 Purpose and permissible service.
* * * * *
(i) FM broadcast booster stations provide a means whereby the
licensee of an FM broadcast station may provide service to areas in any
region within the primary station's predicted authorized service
contour. An FM broadcast booster station is authorized to retransmit
only the signals of its primary station which have been received
directly through space and suitably amplified, or received by
alternative signal delivery means including, but not limited to,
satellite and terrestrial microwave facilities. The FM booster station
shall not retransmit the signals of any other station nor make
independent transmissions except as set forth in Sec. 74.1201(f)(2),
and except that locally generated signals may be used to excite the
booster apparatus for the purpose of conducting tests and measurements
essential to the proper installation and maintenance of the apparatus.
(j) In the case of an FM broadcast station authorized with
facilities in excess of those specified by Sec. 73.211 of this
chapter, an FM booster station will only be authorized within the
protected contour of the class of station being rebroadcast as
predicted on the basis of the maximum powers and heights set forth in
that section for the applicable class of FM broadcast station
concerned.
0
9. Amend Sec. 74.1232 by revising paragraph (f) to read as follows:
Sec. 74.1232 Eligibility and licensing requirements.
* * * * *
(f) An FM broadcast booster station will be authorized only to the
licensee or permittee of the FM radio broadcast station whose signals
the booster station will retransmit, to serve areas within the
protected contour of the primary station, subject to Sec. 74.1231(j).
* * * * *
0
10. Amend Sec. 74.1235 by revising paragraph (b) introductory text to
read as follows:
Sec. 74.1235 Power limitations and antenna systems.
* * * * *
(b) An application for an FM translator station, other than one for
fill-in service which is covered in paragraph (a) of this section, will
not be accepted for filing if it specifies an effective radiated power
(ERP) which exceeds the maximum ERP (MERP) value determined in
accordance with this paragraph (b). The antenna height above average
terrain (HAAT) shall be determined in accordance with Sec. 73.313(d)
of this chapter for each of 12 distinct radials, with each radial
spaced 30 degrees apart and with the bearing of the first radial
bearing true north. Each radial HAAT value shall be rounded to the
nearest meter. For each of the 12 radial directions, the MERP is the
value corresponding to the calculated HAAT in the following tables that
is appropriate for the location of the translator. For an application
specifying a nondirectional transmitting antenna, the specified ERP
must not exceed the smallest of the 12 MERP's. For an application
specifying a directional transmitting antenna, the ERP in each
azimuthal direction must not exceed the MERP for the closest of the 12
radial directions.
* * * * *
[FR Doc. 2024-07910 Filed 4-15-24; 8:45 am]
BILLING CODE 6712-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 16, 2024.
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.