Rule2024-24105
Rules for FM Terrestrial Digital Audio Broadcasting Systems
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
October 21, 2024
Effective
November 20, 2024
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) adopts rules to allow digital FM broadcast radio stations to operate with different power levels on the upper and lower digital sidebands, by notification to the Commission. The rule changes will facilitate greater digital FM radio coverage without interfering with adjacent-channel FM broadcast stations. The intended effect is to advance the broader adoption of digital FM broadcasting by authorizing digital FM broadcasters to implement such asymmetric sideband operation by simple notification to the Commission, rather than by requesting experimental authorization as is the current practice.
Full Text
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<title>Federal Register, Volume 89 Issue 203 (Monday, October 21, 2024)</title>
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[Federal Register Volume 89, Number 203 (Monday, October 21, 2024)]
[Rules and Regulations]
[Pages 84096-84105]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24105]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 22-405; FCC 24-105; FR ID 250466]
Rules for FM Terrestrial Digital Audio Broadcasting Systems
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) adopts rules to allow digital FM broadcast radio stations
to operate with different power levels on the upper and lower digital
sidebands, by notification to the Commission. The rule changes will
facilitate greater digital FM radio coverage without interfering with
adjacent-channel FM broadcast stations. The intended effect is to
advance the broader adoption of digital FM broadcasting by authorizing
digital FM broadcasters to implement such asymmetric sideband operation
by simple notification to the Commission, rather than by requesting
experimental authorization as is the current practice.
DATES: This final rule is effective November 20, 2024, except for the
amendments in instruction 4 (47 CFR 74.404) and instruction 5 (47 CFR
74.406), which are delayed indefinitely. The Commission will announce
the effective date of the rule changes to 47 CFR 73.404 and 73.406 in
the Federal Register.
FOR FURTHER INFORMATION CONTACT: Albert Shuldiner, Chief, Media Bureau,
Audio Division, (202) 418-2721, <a href="/cdn-cgi/l/email-protection#de9fb2bcbbacaaf08db6abb2bab7b0bbac9eb8bdbdf0b9b1a8"><span class="__cf_email__" data-cfemail="beffd2dcdbccca90edd6cbd2dad7d0dbccfed8dddd90d9d1c8">[email protected]</span></a>; Thomas
Nessinger, Senior Counsel, Media Bureau, Audio Division, (202) 418-
2709, <a href="/cdn-cgi/l/email-protection#a4f0cccbc9c5d78aeac1d7d7cdcac3c1d6e4c2c7c78ac3cbd2"><span class="__cf_email__" data-cfemail="eabe8285878b99c4a48f999983848d8f98aa8c8989c48d859c">[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#d596b4a1bdacfb82bcb9b9bcb4b8a695b3b6b6fbb2baa3"><span class="__cf_email__" data-cfemail="2162405549580f76484d4d48404c52614742420f464e57">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's First
Report and Order (First R&O), MB Docket No. 22-405; FCC 24-105, adopted
on September 24, 2024, and released on September 25, 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#395f5a5a0c090d795f5a5a175e564f"><span class="__cf_email__" data-cfemail="593f3a3a6c696d193f3a3a773e362f">[email protected]</span></a> or calling the Commission's Consumer and
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY).
Paperwork Reduction Act of 1995 Analysis
This document may contain new or modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13. All such new or modified information collections
will be submitted to the Office of Management and Budget (OMB) for
review under section 3507(d) of the PRA, 44 U.S.C. 3507(d). OMB, the
general public, and other Federal agencies are invited to comment on
any 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 (Pub. L. 107-198, 116 Stat 729
(2002) (codified at 44 U.S.C. 3506(c)(4)). the Commission previously
sought specific comment on how it might further reduce the information
collection burden for small business concerns with fewer than 25
employees. In the First R&O, the Commission assessed the effects of the
required collection of information on these small entities.
[[Page 84097]]
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 First R&O
to Congress and the Government Accountability Office (GAO) pursuant to
5 U.S.C. 801(a)(1)(A).
Synopsis
1. Introduction. In a 2022 document, the Commission's Media Bureau
(Bureau) consolidated into one rulemaking proceeding two separate
Petitions for Rulemaking, both proposing changes to the rules that the
petitioners urged would improve digital FM signal quality and minimize
the effect of the digital FM station signal on adjacent channel FM
transmissions. Media Bureau Seeks Comment on Petitions for Rulemaking
Proposing Amendments to FM Broadcast Digital Radio Rules, Public
Notice, DA 22-1226 (MB Nov. 28, 2022) (FM Digital Comment PN). In the
first petition, filed December 9, 2019, petitioners National
Association of Broadcasters (NAB), Xperi Corporation (Xperi), and
National Public Radio (NPR) (collectively Asymmetric Petitioners),
requested blanket authorization to set digital power at different
levels on each digital sideband, thus allowing a digital FM station to
protect, for example, an analog FM station on a lower first-adjacent
channel, while enabling an increase in digital power on the upper
sideband where there is no adjacent analog FM station or a more distant
adjacent station. In the second petition, filed October 26, 2022, NAB
and Xperi requested that the FCC update the methodology stations use to
determine maximum FM digital power levels. In the Order and notice of
proposed rulemaking (NPRM), FCC 23-61, 88 FR 57033 (Aug. 22, 2023), the
Commission granted these petitions and sought comment on whether the
rule changes proposed by the petitioners would serve the public
interest, by providing FM digital stations with the ability to increase
power and, concomitantly, increase coverage area, building penetration,
and provide a more robust digital signal. The Commission additionally
sought comment on: whether such rule changes would cause or increase
interference to analog FM stations adjacent to a digital FM station;
whether the proposed rule changes would have other adverse effects on
incumbent FM stations; whether and to whom notice of increased digital
FM power should be provided; and whether additional interference
remediation procedures should be introduced.
2. Broadcasters, engineers, and listeners filed comments and reply
comments in response to the NPRM. Additionally, commenters such as the
Aerospace Industries Association; Air Line Pilots Association,
International; Garmin International, Inc.; and the General Aviation
Manufacturers Association filed comments expressing concern about
higher digital power levels at the upper end of the FM broadcast band
causing interference to users in the adjacent Aeronautical Radio
Navigation Spectrum (ARNS), from 108.0-117.95 MHz. The commenters state
that preliminary industry studies suggest that further testing is
needed; to that end, aviation industry commenters are working with NAB
and Xperi, but state that comprehensive testing will take additional
time. See Supplemental Comments of Air Line Pilots Ass'n, Int'l;
Airlines for America; Aviation Spectrum Res., Inc.; The Boeing Co.;
Garmin; and GAMA, filed Apr. 1, 2024, at 2-4. See also Letter from
First Officer Chris Sidor, Air Line Pilots Ass'n, Int'l, et al., to
Marlene H. Dortch, Secretary, FCC, MB Docket No. 22-405, at 3 (filed
Sept. 19, 2024) (providing testing updates); Letter from Ashruf El-
Dinary, Xperi Inc., to Marlene H. Dortch, Secretary, FCC, MB Docket No.
22-405 (filed Sept. 23, 2024). Accordingly, in the interest of a
complete record, the Commission deferred action on the proposal
relating to maximum FM digital power levels, and in the First R&O acts
only on the proposals relating to the Asymmetric Sideband Petition,
with appropriate safeguards for stations on Channels 296-300.
3. Background. The FM digital radio system inserts redundant
digital sidebands above and below a station's existing analog signal.
The Commission's existing rules assume that digital power is the same
on both digital sidebands, i.e., symmetric sideband operation.
Currently, an FM station that wishes to employ asymmetric sideband
operation, using different power on each digital sideband, must apply
for an experimental authorization and renew that authorization
annually. The request for experimental authorization must include a
showing that the digital sideband signal contours will not overlap
adjacent stations' protected contours. NAB, Xperi, and NPR (Asymmetric
Petitioners), in the Asymmetric Sideband Petition, assert that with
asymmetric sidebands a digital FM station can limit the power of one
digital sideband to protect the adjacent analog FM station on that side
while concurrently increasing the power of the other sideband in order
to expand its overall digital coverage and improve its building
penetration. Asymmetric Sideband Petition at 8-9. Similarly, a station
could reduce power on the sideband causing interference to another
station and maintain the desired power level on the other digital
sideband. See NPRM, 38 FCC Rcd at 7169, para. 26. The Asymmetric
Petitioners conducted a study that they state demonstrates that many
more digital FM stations could increase power on at least one sideband
above the current limit of -14 dBc. Out of 10,875 digital FM stations
studied in 2017, petitioners contend that 6,120 could increase power on
both sidebands to -10 dBc under the current rules, whereas if
asymmetric sidebands were allowed, an additional 3,496 stations could
increase one sideband to -10 dBc, with another 532 being able to
increase one sideband's power to between -14 and -10 dBc. Asymmetric
Petitioners also argue that the need to request experimental
authorization, and the temporary nature of such authorizations,
discourages use of asymmetric sidebands, which in turn limits digital
FM stations to the power level needed to protect the adjacent-channel
analog FM station that is most susceptible to digital interference. The
Asymmetric Petitioners thus requested that the Commission amend its
rules to allow FM stations to operate with asymmetric digital
sidebands, without having to request experimental authorization to do
so, in order to remove unnecessary regulatory barriers and promote
broader adoption of terrestrial digital FM broadcasting. Asymmetric
Sideband Petition at 8-11.
4. Discussion. The Commission concluded that the record contains
considerable support for asymmetric sideband operation, and thus
adopted the relevant proposals set forth in the NPRM, with some
modifications to the rules that were proposed. (In addition, as
proposed in the NPRM, 38 FCC Rcd 7158, n.65, to conform to the
publishing conventions of the National Archives and Records
Administration's Office of the Federal Register, the Commission added
paragraph numbers to the list of definitions in 47 CFR 73.310(a) and
(b). The definitions numbered and restated in the First R&O are
identical to the current definitions.) The Commission therefore
authorized digital FM stations, except stations operating on Channels
296-300, to originate digital transmissions at different power levels
on the upper and lower digital sidebands without having to request
[[Page 84098]]
experimental authorization, consistent with the requirements set forth
herein. As further discussed below, a digital FM station need only
notify the Commission of asymmetric sideband operation by filing
notification on Form 2100, Schedule 335-FM--FM Digital Notification
(Schedule 335-FM) in the Bureau's Licensing and Management System (LMS)
database.
5. Asymmetric Sideband Operation Authorization. The Commission
agreed with the commenters and found that asymmetric sidebands will
promote the adoption of digital radio without increasing the risk of
interference to existing analog broadcasts. Those commenters that
addressed this proposal generally supported it. Some expressed approval
of the proposal as being an affirmative step toward broader adoption of
digital radio, with some specifically stating that eliminating the need
for prior experimental authorization will encourage more stations to
adopt FM digital operation. Many commenters opine that asymmetric
operation will reduce interference to adjacent-channel analog FM
stations, with some offering anecdotal or experimental evidence to
support these claims. The Commission's current policy requiring the
same power on both the upper and lower digital sidebands limits an FM
station's digital power to that needed to protect the adjacent-channel
analog FM station most susceptible to interference, regardless of
whether there is a need to limit power on the other sideband.
Asymmetric Petitioners contended, and commenters agreed, that allowing
calculation of the maximum allowable digital FM power on a per-sideband
basis allows such stations to optimize their digital signal coverage
while still protecting analog FM stations on adjacent channels. The
Commission agreed and, based on the record presented, found that it is
in the public interest to allow asymmetric sideband operation, except
on Channels 296-300, without the need for an experimental
authorization.
6. Notice. The Commission further found that allowing a digital FM
station to report its asymmetric sideband operation through a simple
notification removes a regulatory barrier, compared to the current
procedure of applying for an experimental license to operate
asymmetrically, and having to file for annual renewals of that
authorization. At the same time, the Commission believed it is
important for it to track asymmetric operation in order to address any
potential interference problems that may arise and to allow stations to
identify if their adjacent-channel stations are using asymmetric
sidebands. The Commission found that a simple notification should
provide the correct balance between its desire to streamline the
regulatory burden on stations adopting asymmetric operations and the
need to be able to identify stations employing this functionality. The
need to track stations employing asymmetric sideband operation includes
identifying those stations that discontinue such operation. The
Commission therefore similarly required that stations permanently
terminating asymmetric sideband operation notify the Commission of such
termination on Schedule 335-FM. The Commission also noted that this is
consistent with the approach it takes for initial authorization of
digital broadcasting. FM broadcast licensees have never needed to file
a separate application for authorization to initiate hybrid digital
operation; all that has been required is notification to the
Commission. The Commission found the public interest would be similarly
served by declining to require a separate application to initiate
asymmetric sideband operation and allow stations to commence asymmetric
sideband operation based on a simple notification.
7. To provide notification to the Commission, stations choosing
asymmetric sideband operation will be required to file a revised
Schedule 335-FM. The filing of Schedule 335-FM with the Commission does
not trigger the release of a separate Public Notice in LMS, but like
all LMS forms is searchable and thus available to members of the public
using the LMS ``Search'' function. The Commission concluded this
approach will provide the public with real time information on which
stations have adopted asymmetric operations.
8. Some commenters sought further modification to the proposal
regarding notice of asymmetric band operation. One advocated for the
Commission to ``maintain a readily accessible record of information''
on every station increasing power, suggesting that this would include
stations employing asymmetric sideband operation, arguing that
listeners may find it difficult to identify digital-to-analog FM
interference, and that such a public record of stations altering their
digital power profile would assist in identifying interfering stations.
Another believed that Schedule 335-FM should be modified to allow the
notifying station to provide the effective radiated power (ERP) of the
digital signal on both the upper and lower digital sidebands, as well
as the total digital ERP. This commenter disagreed with the NPRM's
proposal to modify Sec. 73.406(d)(7) through (8) of the Commission's
rules to require licensees to file Schedule 335-FM with a short
statement of the reason(s) for discontinuing digital operation,
including a return to symmetric sideband operation from asymmetric
operation. It believed that specifying a reason is unnecessary because
such operations ``are not mandatory, are a voluntary business choice of
the individual station, and the decision may be competitively
sensitive.''
9. The Commission concurred with the latter commenter that Schedule
335-FM should be modified to require a party giving notification of
asymmetric sideband operation to indicate the digital ERP on both upper
and lower digital sidebands, as well as the total digital ERP. The
Commission believed that requiring these data to be included in
Schedule 335-FM should suffice to advise broadcasters and the public,
through LMS, about digital operations. It thus found it unnecessary to
adopt the suggestion that it implement a separate database of FM
stations broadcasting in hybrid digital mode and the per-sideband
digital power of such stations. The Commission concurred with the
objection to the proposed requirement of providing a reason for
discontinuation, agreeing that it is unnecessary given the voluntary
nature of asymmetric sideband operation. It thus adopted the tentative
conclusion that Schedule 335-FM notification should be required for any
digital FM station that reverts to symmetric sideband operation from
asymmetric sideband operation, but did not adopt the proposal to
require any such notification of return to symmetric sideband operation
to be accompanied by a short statement of the reason(s) for this
action.
10. Reporting on Schedule 335-FM. After the effective date of the
rules adopted in the First R&O, licensees will be required to use
Schedule 335-FM to provide notice to the Commission. This will serve as
a replacement for many of the current requests for experimental
authorization and informal requests. As noted above, licensees will be
required to use Schedule 335-FM to notify the Commission of the
commencement or discontinuance of asymmetric sideband operation as a
replacement for requests for experimental authorization. A station
adopting asymmetric sideband operation must notify the Commission upon
commencement of such operation by filing Schedule 335-FM. The
Commission directed the Bureau to inform the digital FM station within
30 days of filing Schedule 335-FM if its asymmetric sideband operation
is non-
[[Page 84099]]
rule compliant. The station may commence asymmetric sideband operation
upon submitting Schedule 335-FM and may continue such operation unless
it receives notice of noncompliance during that 30-day period.
Similarly, a digital FM station must notify the Bureau on Schedule 335-
FM within 30 days of discontinuing asymmetric sideband operation.
11. The Commission also made an administrative change to the
procedures used by licensees seeking to increase digital power above -
14 dBc. Those requests, previously submitted by informal request, will
be submitted using Schedule 335-FM. This minor administrative change
will help streamline processing of these requests and will further the
Commission's efforts to transition all broadcast filings to the
Bureau's Licensing and Management System (LMS).
12. The 2010 MB DAB Order (Digital Audio Broadcasting Systems And
Their Impact on the Terrestrial Radio Broadcast Service, Order, 25 FCC
Rcd 1182 (MB 2010)), increased the allowable total power level of an FM
station's digital sidebands from the previous maximum of -20 dBc to -14
dBc. 2010 MB DAB Order, 25 FCC Rcd at 1189, para. 16. The -14 dBc power
level is for both FM digital sidebands combined; when both sidebands
are operating at the same power level, each sideband would operate at -
17 dBc, or 3 dB lower than the combined symmetrical digital sideband
power, representing one-half of the total allowed digital ERP for each
sideband. The same order allowed FM stations, except for grandfathered
superpowered stations, to seek additional authorization to increase
total digital power above -14 dBc, up to -10 dBc, through an informal
request including a showing that such power increase would comply with
the formula set forth in the 2010 MB DAB Order, and therefore would not
cause harmful interference to adjacent analog FM stations. As noted, in
this First R&O the Commission did not revise the formula that
determines the maximum permissible digital power a station may use.
However, for purposes of administrative efficiency, the Commission
modified the current informal process used to request an increase in
total digital power above -14 dBc. After the effective date of the
rules adopted in the First R&O, digital FM stations must use Schedule
335-FM to request an increase in total digital ERP above -14 dBc, using
table 1 to Sec. 73.404(f) adopted in the First R&O, and will also
report certain digital power decreases on Schedule 335-FM. Table 1 is
based on the table set forth in the 2010 MB DAB Order, 25 FCC Rcd at
1190, para. 20, adapted for use on a per-sideband basis. Certifications
of compliance with table 1 to new 47 CFR 73.404(f) must be based on the
most restrictive analog field strength of the proponent at any nearby
first-adjacent-channel station's 60 dB[micro] contour. See 2010 MB DAB
Order, 25 FCC Rcd at 1190, para. 20. Although the table has been
modified, the information submitted by the station is the same as it is
currently. After the effective date of the First R&O, a digital FM
station will report the following actions (or request authority in the
case of an increase of total digital ERP above -14 dBc) by submitting
Schedule 335-FM: the initiation of hybrid digital operation; the
initiation of asymmetric sideband operation at any power level, as well
as the discontinuance of asymmetric sideband operation; an increase of
total digital ERP above -14 dBc; or a decrease in total digital ERP
from a level above -14 dBc to a level at or below -14 dBc; in other
words, an FM digital station not currently operating with total digital
ERP above -14 dBc need not report further digital power reductions. A
station choosing to operate with total digital ERP between -14 dBc and
-10 dBc must still attach to its Schedule 335-FM submission an exhibit
demonstrating that the proposed FM digital ERP is permitted for each
digital sideband, using table 1 to 73.404(f), adopted in the First R&O.
As is the case with the current informal request process, a digital FM
station choosing to operate with total digital ERP above -14 dBc may
initiate such operation upon approval from the Commission.
13. Changes to ``per-sideband'' table. Although the Asymmetric
Petitioners support the Asymmetric Sideband Petition they co-authored
with NPR, they identified shortcomings in the tables presented in the
NPRM to determine the maximum allowable ERP of each digital sideband.
Asymmetric Petitioners point out that total sideband power is
necessarily calculated on a per-sideband basis, computing lower and
upper digital sideband power by calculating the field strength of the
digital FM station's F(50, 10) contour at its overlap with the 60
dB[micro] F(50, 50) contour of, respectively, the lower and upper
first-adjacent analog stations. The Asymmetric Petitioners contend that
the tables in paragraphs 9 and 26 of the NPRM are mis-labeled and thus
are incorrect, as are their counterparts in Appendix A to the NPRM, the
then-proposed new tables to Sec. 73.404, paragraphs (e) and (f). In
their comments, they submitted corrected tables as well as corrections
to the proposed rule change to Sec. 73.404.
14. The Commission agreed with Asymmetric Petitioners to the extent
that the column headings of the tables in the NPRM were mis-labeled,
and further agreed that the maximum permissible FM digital ERP is
better displayed on a per-sideband basis, as the combination of the
sideband ERPs adds up to the full digital ERP. The Asymmetric
Petitioners proposed a per-sideband table, but their proposed table was
calculated based upon adoption of the proposals in the NPRM to update
the methodology used to determine maximum FM digital power. As no
commenters objected to the use of a per-sideband table, and as the
Commission did not adopt at this time the proposals to update the
methodology for determining FM digital power levels, the Commission
modified and adopted Xperi and NAB's corrected ``Maximum permissible FM
digital ERP per-sideband'' table to comport with the current limits on
FM digital ERP, as follows:
------------------------------------------------------------------------
IBOC Station's F(50,10) field strength at Maximum permissible FM
the upper or lower first-adjacent digital ERP for the
station's analog 60 dB[micro] F(50,50) respective (upper or lower)
contour sideband
------------------------------------------------------------------------
51.2 dB[micro] and above.................. -17 dBc.
50.7 dB[micro] to 51.1 dB[micro].......... -16 dBc.
50.3 dB[micro] to 50.6 dB[micro].......... -15 dBc.
49.6 dB[micro] to 50.2 dB[micro].......... -14 dBc.
49.5 dB[micro] or less.................... -13 dBc.
------------------------------------------------------------------------
[[Page 84100]]
If, in a subsequent Order, the Commission modifies the formula used
to determine the maximum permissible digital power level, it will
adjust this table at that time.
15. Interference Mitigation and Remediation. The Commission found
that the interference mitigation and remediation procedures set forth
in the 2010 MB DAB Order are sufficient to remedy any reports of inter-
station interference as a result of asymmetric sideband operation,
given that reduction of power on one sideband necessarily reduces the
potential for interference and therefore makes such interference less
likely. The Commission reserved further consideration of modified
interference mitigation and remediation procedures in the FM digital
power increase context, and anticipates addressing such concerns in a
future Report and Order in this proceeding.
16. Pending Proceedings. The Commission adopted the proposal that
any licensees with asymmetric sideband operation under experimental
authorizations that are compliant with the rules adopted in this First
R&O may file Schedule 335-FM notification at any time after the
effective date of the rules adopted in this First R&O and before the
existing experimental authority expires. NPRM, 38 FCC Rcd at 7171,
para. 30. No commenter opposed this proposal. Therefore, after the
rules adopted in this First R&O take effect and the changes to Schedule
335-FM are approved by the Office of Management and Budget and there is
an announcement of such approval published in the Federal Register, any
station currently employing asymmetric sideband operation under
experimental authorization that is compliant with the rules adopted in
this First R&O may transition to non-experimental asymmetric sideband
operation by notifying the Commission through Schedule 335-FM at any
time prior to expiration of the experimental authorization. Although
the Commission does not require that stations currently operating with
power greater than -14 dBc under existing special temporary
authorization file Schedule 335-FM, it encourages such stations to
update their records in LMS using Schedule 335-FM in order that their
sideband power levels are properly reflected in LMS. Any station
seeking a power increase above -14 dBc in the future must request
authority to do so using Schedule 335-FM.
Procedural Matters
Final Regulatory Flexibility Analysis
17. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA) an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Modifying Rules for FM Terrestrial Digital Audio
Broadcasting Systems, (NPRM), released on August 1, 2023. Modifying
Rules for FM Terrestrial Digital Audio Broadcasting Systems, Notice of
Proposed Rulemaking, 38 FCC Rcd 7158 (2023). 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. This Final Regulatory Flexibility Analysis (FRFA)
conforms to the RFA. 5 U.S.C. 604.
A. Need For, and Objectives of, the Report and Order
18. In the First Report and Order, the Commission found that it is
in the public interest to allow FM broadcast stations transmitting a
hybrid analog-digital signal to operate with different digital
effective radiated power (ERP) on the upper and lower digital
sidebands, upon notification to the Commission on FCC Form 2100,
Schedule 335-FM. This replaces the current procedure whereby a digital
FM station must apply for an experimental authorization to operate with
different digital ERP on the upper and lower digital sidebands
(asymmetric sideband operation); this experimental authority must be
renewed annually.
19. The FM digital radio system inserts redundant digital sidebands
above and below a station's existing analog signal. The Commission's
existing rules assume that digital power is the same on both digital
sidebands, i.e., symmetric sideband operation. The advantage to
asymmetric sideband operation is that it allows a digital FM station to
operate with lower power on the digital sideband closer to a first-
adjacent-channel analog FM station, thus reducing the potential for
interference to that station, while enabling the digital FM station to
increase power to the digital sideband where there is no or only a very
distant analog FM station to protect from interference. For example, a
Class A digital FM station on Channel 251 might have a Class A analog
FM station on Channel 250 within 75 kilometers of the digital station,
while being several hundred kilometers from the nearest analog FM
station on Channel 252. In such a situation, the digital FM station
would reduce digital ERP on the lower digital sideband, protecting the
analog station on Channel 250, while increasing power and, therefore,
signal coverage on the upper digital sideband where there is no
adjacent channel station to protect. The total digital ERP transmitted
over the two digital sidebands would be the same as it would be if both
sidebands were transmitting at the same digital ERP (symmetric sideband
operation), thus there would be no increase in the total digital energy
emitted by the digital FM station.
20. The Commission in the First Report and Order adopted its
proposal to allow digital FM stations wishing to use asymmetric
sideband operation to do so by notifying the Commission using FCC Form
2100, Schedule 335-FM, and modified that schedule by including fields
to report the digital ERP being transmitted on each digital sideband,
as well as the total digital ERP. It made an exception, however, for
digital FM stations operating on Channels 296-300 (107.1-107.9 MHz), at
the top of the FM broadcast band, which must continue to seek
experimental authorization for asymmetric sideband operation. This was
deemed necessary to protect users in the lower frequencies of the
Aeronautical Radio Navigation Spectrum (ARNS) from possible
interference resulting from higher power on an upper digital sideband.
The Commission further concludes that a station permanently
discontinuing asymmetric operation need not disclose its reasons for
doing so. It also implemented the proposal that any FM licensees
operating facilities under experimental or special temporary
authorizations that are compliant with the rules adopted in this
proceeding may transition to asymmetric sideband operation by filing
Schedule 335-FM notifications after the effective date of the rules
adopted in the First Report and Order. Commenters generally supported
the Commission's proposal to allow asymmetric sideband operation upon
simple notice to the Commission, though some raised concerns regarding
notifications, interference remediation, and the transition to
asymmetric sideband operation. The Commission observed that adopting
rules simplifying the process of initiating asymmetric sideband
operation is likely to reduce inter-station interference rather than
exacerbate it, and thus concluded that existing interference mitigation
and remediation procedures are sufficient at the present time, but also
concluded that Form 2100, Schedule 335-FM should be amended to provide
fields for the notifying station to indicate the
[[Page 84101]]
digital ERP transmitted on each digital sideband, as well as the total
digital ERP.
21. This minor administrative change will help streamline
processing of these requests and will further the Commission's efforts
to transition all broadcast filings to the Bureau's Licensing and
Management System (LMS).
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
22. There were no comments filed that specifically addressed the
proposed rules and policies presented in the IRFA.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
23. 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
24. 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.'' 5 U.S.C. 601(6). In addition, the term
``small business'' has the same meaning as the term ``small business
concern'' under the Small Business Act. 5 U.S.C. 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.
25. Radio Stations. This industry is comprised of ``establishments
primarily engaged in broadcasting aural programs by radio to the
public.'' U.S. Census Bureau, 2017 NAICS Definition, ``515112 Radio
Stations.'' 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 $47 million or
less in annual receipts as small. 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. Based on this data and the SBA's small business size standard, we
estimate a majority of such entities are small entities.
26. The Commission estimates that as of June 30, 2024, there were
4,413 licensed commercial AM radio stations and 6,620 licensed
commercial FM radio stations, for a combined total of 11,033 commercial
radio stations. Broadcast Station Totals as of June 30, 2024, Public
Notice, DA 24-644 (rel. July 3, 2024) (July 2024 Broadcast Station
Totals PN), <a href="https://docs.fcc.gov/public/attachments/DA-24-644A1.pdf">https://docs.fcc.gov/public/attachments/DA-24-644A1.pdf</a>. Of
this total, 11,032 stations (or 99.99%) had revenues of $47 million or
less in 2023, according to Commission staff review of the BIA Kelsey
Inc. Media Access Pro Database (BIA) on July 3, 2024, and therefore
these licensees qualify as small entities under the SBA definition. In
addition, the Commission estimates that as of June 30, 2024, there were
4,356 licensed noncommercial (NCE) FM radio stations, 1,965 low power
FM (LPFM) stations, and 8,906 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, the Commission presumes that all of these
entities qualify as small entities under the above SBA small business
size standard.
27. We note, however, that in assessing whether a business concern
qualifies as ``small'' under the above definition, business (control)
affiliations must be included. The Commission's estimate, therefore,
likely overstates the number of small entities that might be affected
by its 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. The Commission is
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
28. The First Report and Order adopts procedures that will create
new reporting, recordkeeping, and compliance obligations for small
digital FM stations that operate with asymmetric power on the digital
sidebands. Specifically, it replaces the current requirement that
digital FM stations request experimental or special temporary
authorization for asymmetric sideband operation with a new, simplified
notification procedure on existing FCC Form 2100, Schedule 335-FM. This
form will be modified to collect the total digital ERP and the digital
ERP on each of the upper and lower digital sidebands used by a digital
FM station. Form 2100, Schedule 335-FM, will now be the means by which
a small, digital FM station will report (or request authority in the
case of an increase of total digital ERP above -14 dBc) the following
actions: the initiation of hybrid digital operation; the initiation of
asymmetric sideband operation at any power level, as well as the
permanent discontinuance of asymmetric sideband operation; an increase
of total digital ERP above -14 dBc; or a decrease in total digital ERP
from a level above -14 dBc to a level below -14 dBc. Form 2100,
Schedule 335-FM will also be amended to provide a digital FM station
proposing to increase total digital ERP above -14 dBc to certify that
it complies with the power levels set forth in table 1 to amended Sec.
73.404(f) (regulating In Band On Channel Digital Audio Broadcast
Operations), which is based on the current formula used to calculate
acceptable power levels, but adapted to calculate those levels on a
per-sideband basis. As is currently required, a station choosing to
increase total digital ERP to a level between -14 dBc and -10 dBc must
still attach to its Schedule 335-FM submission an exhibit demonstrating
that the proposed FM digital ERP is permitted for each digital
sideband, using newly adopted table 1 to 73.404(f). However, the
[[Page 84102]]
Commission will continue to require that small and other entities
request experimental authorization for a digital FM station on Channels
296-300 seeking to engage in asymmetric sideband operation to avoid any
potential issues regarding interference with the ARNS.
29. Requiring small and other entities to use FCC Form 2100,
Schedule 335-FM for the provision of the digital ERP is minimally
burdensome, as this form will collect the same or similar information
the notifying FM station would use to request asymmetric sideband
operation and is less burdensome than preparing an application for
experimental authorization and renewing such authorization annually.
Small entities will likely use the same processes and professional
staff to comply with the FCC Form 2100, Schedule 335-FM requirements.
Accordingly, although there is not sufficient evidence quantifying the
compliance cost of the adopted rule changes, the Commission anticipates
the approaches it has taken to implement the requirements will have
minimal cost implications and should significantly reduce compliance
requirements for small entities that may have smaller staff and fewer
resources.
F. Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered
30. 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).
31. In the First Report and Order, the Commission considered a
number of alternatives that will minimize the impact of the revised
rules. Specifically, the Commission adopted measures to simplify the
implementation of asymmetric sideband operation for digital FM
stations, by notification through Form 2100, Schedule 335-FM rather
than application for experimental authorization and annual renewal. The
Commission sought to weigh the impact of these measures on small and
other entities against the public interest benefits gained from them
and has determined that the benefits outweigh the costs. As some
commenters have observed, the burden of filing an experimental
application and annual renewals has likely discouraged many digital FM
stations from implementing asymmetric sideband operation, and has
therefore impeded the implementation of such operation and its
corresponding benefits, including expanded signal coverage and
interference protection. The Commission concludes that these benefits
outweigh the burdens imposed by the current procedures, and justify the
simplified process adopted in the First Report and Order.
32. The Commission also observes that adopting rules simplifying
the process of initiating asymmetric sideband operation is likely to
reduce inter-station interference rather than exacerbate it, and thus
concludes that existing interference notification and remediation
procedures are sufficient at the present time, but also concludes that
Form 2100, Schedule 335-FM should be amended to provide space for the
notifying station to indicate the digital ERP transmitted on each
digital sideband, as well as the total digital ERP. While the provision
of these items of information are a minimal additional burden, they
consist of information that is readily available to the broadcaster and
will assist other FM stations in evaluating interference complaints.
33. The use of Form 2100, Schedule 335-FM will simplify required
station submissions, and harmonizes such submissions with the recent
transition of the Media Bureau's application filing system to LMS. The
Commission also considered whether a station permanently discontinuing
asymmetric sideband operation should be required to include a short
statement disclosing its reasons for doing so when notifying the
Commission, and determined such information was not necessary based on
commenter input. This decision will eliminate an added burden to
certain stations, as well as allow them to preserve the confidentiality
of their business decision making. The Commission further concludes
that digital FM stations currently using asymmetric sideband operation
under experimental or special temporary authorizations shall be able to
continue operation upon notification using Form 2100, Schedule 335-FM,
provided such notification is submitted before the experimental
authorization or STA expires. This option has been determined to be the
least burdensome alternative, as compared to other options such as
filing a one-time application with annual renewal. Finally, to avoid
any potential issues regarding interference with the ARNS, the
Commission will continue to require experimental authorization for a
digital FM station on Channels 296-300 seeking to engage in asymmetric
sideband operation. This will impact relatively few digital FM
stations, and has been deemed necessary to protect ARNS users pending
the results of testing by aviation industry stakeholders and the
broadcast industry proponents of the new procedures.
G. Report to Congress
34. The Commission will send a copy of the First Report and Order,
including this 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 First Report and Order, including
this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the
First Report and Order and FRFA (or summaries thereof) will also be
published in the Federal Register.
35. Paperwork Reduction Act Analysis. This First Report and Order
may contain new or modified information collection requirements subject
to the Paperwork Reduction Act of 1995 (PRA). Public Law 104-13, 109
Stat 163 (1995) (codified at 44 U.S.C. 3501-3520). All such new or
modified information collections will be submitted to the Office of
Management and Budget (OMB) for review under section 3507(d) of the
PRA. 44 U.S.C. 3507(d). OMB, the general public, and other Federal
agencies are invited to comment on any 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, 116 Stat 729 (2002) (codified at 44 U.S.C.
3506(c)(4)), the Commission previously sought specific comment on how
it might further reduce the information collection burden for small
business concerns with fewer than 25 employees. We have assessed the
effects of the required collection of information on these small
entities.
36. 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 First Report and Order to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act, 5 U.S.C. 801(a)(1)(A).
Ordering Clauses
37. Accordingly, it is ordered that, pursuant to the authority
contained in sections 1, 4(i), 4(j), 301, 302a, 303, 307, 308, 309,
316, 319, and 324 of the
[[Page 84103]]
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j),
301, 302a, 303, 307, 308, 309, 316, 319, and 324 the foregoing First
Report and Order is adopted, and the Commission's rules are hereby
amended as set forth herein.
38. It is further ordered that the First Report and Order and the
amendments to the Commission's rules shall be effective 30 days after
publication of a summary in the Federal Register, except that the
amendments to Sec. Sec. 73.404 and 73.406, which may contain new or
modified information collection requirements, will not become effective
until OMB 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 date of the rule changes to Sec. Sec. 73.404 and 73.406 by
subsequent Public Notice.
39. It is further ordered that the Office of the Managing Director,
Performance and Program Management, shall send a copy of the First
Report and Order in a report to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, 5
U.S.C. 801(a)(1)(A).
40. It is further ordered that the Commission's Office of the
Secretary shall send a copy of this First Report and Order, including
the Final Regulatory Flexibility Analysis, to the Chief Counsel for
Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 73
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in this preamble, the Federal
Communications Commission amends 47 CFR part 73 to read 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. In Sec. 73.310, revise paragraphs (a) and (b) to read as follows:
Sec. 73.310 FM technical definitions.
(a) Frequency modulation. The following definitions pertain to
frequency modulation, as defined in Sec. 73.310(a)(17).
(1) Antenna height above average terrain (HAAT). HAAT is calculated
by: determining the average of the antenna heights above the terrain
from 3 to 16 kilometers (2 to 10 miles) from the antenna for the eight
directions evenly spaced for each 45[deg] of azimuth starting with True
North (a different antenna height will be determined in each direction
from the antenna): and computing the average of these separate heights.
In some cases less than eight directions may be used. (See Sec.
73.313(d).) Where circular or elliptical polarization is used, the
antenna height above average terrain must be based upon the height of
the radiation of the antenna that transmits the horizontal component of
radiation.
(2) Antenna power gain. The square of the ratio of the root-mean-
square (RMS) free space field strength produced at 1 kilometer in the
horizontal plane in millivolts per meter for 1 kW antenna input power
to 221.4 mV/m. This ratio is expressed in decibels (dB). If specified
for a particular direction, antenna power gain is based on that field
strength in the direction only.
(3) Auxiliary facility. An auxiliary facility is an antenna
separate from the main facility's antenna, permanently installed on the
same tower or at a different location, from which a station may
broadcast for short periods without prior Commission authorization or
notice to the Commission while the main facility is not in operation
(e.g., where tower work necessitates turning off the main antenna or
where lightning has caused damage to the main antenna or transmission
system) (See Sec. 73.1675).
(4) Center frequency. The term ``center frequency'' means:
(i) The average frequency of the emitted wave when modulated by a
sinusoidal signal.
(ii) The frequency of the emitted wave without modulation.
(5) Composite antenna pattern. The composite antenna pattern is a
relative field horizontal plane pattern for 360 degrees of azimuth, for
which the value at a particular azimuth is the greater of the
horizontally polarized or vertically polarized component relative field
values. The composite antenna pattern is normalized to a maximum of
unity (1.000) relative field.
(6) Composite baseband signal. A signal which is composed of all
program and other communications signals that frequency modulates the
FM carrier.
(7) Effective radiated power. The term ``effective radiated power''
means the product of the antenna power (transmitter output power less
transmission line loss) times:
(i) The antenna power gain, or
(ii) the antenna field gain squared. Where circular or elliptical
polarization is employed, the term effective radiated power is applied
separately to the horizontal and vertical components of radiation. For
allocation purposes, the effective radiated power authorized is the
horizontally polarized component of radiation only.
(8) Equivalent isotropically radiated power (EIRP). The term
``equivalent isotropically radiated power (also known as ``effective
radiated power above isotropic) means the product of the antenna input
power and the antenna gain in a given direction relative to an
isotropic antenna.
(9) FM Blanketing. Blanketing is that form of interference to the
reception of other broadcast stations which is caused by the presence
of an FM broadcast signal of 115 dB[micro] (562 mV/m) or greater signal
strength in the area adjacent to the antenna of the transmitting
station. The 115 dB[micro] contour is referred to as the blanketing
contour and the area within this contour is referred to as the
blanketing area.
(10) FM broadcast band. The band of frequencies extending from 88
to 108 MHz, which includes those assigned to noncommercial educational
broadcasting.
(11) FM broadcast channel. A band of frequencies 200 kHz wide and
designated by its center frequency. Channels for FM broadcast stations
begin at 88.1 MHz and continue in successive steps of 200 kHz to and
including 107.9 MHz.
(12) FM broadcast station. A station employing frequency modulation
in the FM broadcast band and licensed primarily for the transmission of
radiotelephone emissions intended to be received by the general public.
(13) Field strength. The electric field strength in the horizontal
plane.
(14) Free space field strength. The field strength that would exist
at a point in the absence of waves reflected from the earth or other
reflecting objects.
(15) Frequency departure. The amount of variation of a carrier
frequency or center frequency from its assigned value.
(16) Frequency deviation. The peak difference between modulated
wave and the carrier frequency.
(17) Frequency modulation. A system of modulation where the
instantaneous radio frequency varies in proportion to the instantaneous
amplitude of the modulating signal (amplitude of modulating signal to
be measured after pre-emphasis, if used) and the
[[Page 84104]]
instantaneous radio frequency is independent of the frequency of the
modulating signal.
(18) Frequency swing. The peak difference between the maximum and
the minimum values of the instantaneous frequency of the carrier wave
during modulation.
(19) Multiplex transmission. The term ``multiplex transmission''
means the simultaneous transmission of two or more signals within a
single channel. Multiplex transmission as applied to FM broadcast
stations means the transmission of facsimile or other signals in
addition to the regular broadcast signals.
(20) Percentage modulation. The ratio of the actual frequency
deviation to the frequency deviation defined as 100% modulation,
expressed in percentage. For FM broadcast stations, a frequency
deviation of <plus-minus>75kHz is defined as 100% modulation.
(b) Stereophonic sound broadcasting. The following definitions
pertain to stereophonic sound broadcasting, as defined in Sec.
73.310(b)(8).
(1) Cross-talk. An undesired signal occurring in one channel caused
by an electrical signal in another channel.
(2) FM stereophonic broadcast. The transmission of a stereophonic
program by a single FM broadcast station utilizing the main channel and
a stereophonic subchannel.
(3) Left (or right) signal. The electrical output of a microphone
or combination of microphones placed so as to convey the intensity,
time, and location of sounds originating predominately to the
listener's left (or right) of the center of the performing area.
(4) Left (or right) stereophonic channel. The left (or right)
signal as electrically reproduced in reception of FM stereophonic
broadcasts.
(5) Main channel. The band of frequencies from 50 to 15,000 Hz
which frequency-modulate the main carrier.
(6) Pilot subcarrier. A subcarrier that serves as a control signal
for use in the reception of FM stereophonic sound broadcasts.
(7) Stereophonic separation. The ratio of the electrical signal
caused in sound channel A to the signal caused in sound channel B by
the transmission of only a channel B signal. Channels A and B may be
any two channels of a stereophonic sound broadcast transmission system.
(8) Stereophonic sound. The audio information carried by plurality
of channels arranged to afford the listener a sense of the spatial
distribution of sound sources. Stereophonic sound broadcasting
includes, but is not limited to, biphonic (two channel), triphonic
(three channel) and quadrophonic (four channel) program services.
(9) Stereophonic sound subcarrier. A subcarrier within the FM
broadcast baseband used for transmitting signals for stereophonic sound
reception of the main broadcast program service.
(10) Stereophonic sound subchannel. The band of frequencies from 23
kHz to 99 kHz containing sound subcarriers and their associated
sidebands.
0
3. In Sec. 73.402, add paragraph (i) to read as follows:
Sec. 73.402 Definitions.
* * * * *
(i) Asymmetric sideband operation. For digital FM stations, the use
of different power levels on the upper and lower digital sidebands in a
hybrid or extended hybrid DAB system.
0
4. Delayed indefinitely, in Sec. 73.404, add paragraphs (e) and (f) to
read as follows:
Sec. 73.404 IBOC DAB operation.
* * * * *
(e) Except stations operating on Channels 296-300 (107.1-107.9
MHz), FM stations may transmit hybrid IBOC signals with asymmetric
power on the digital sidebands, as defined in Sec. 73.402(i). Stations
operating on Channels 296-300 (107.1-107.9 MHz) may seek an
experimental authorization to transmit hybrid IBOC signals with
asymmetric power on the digital sidebands.
(f) All FM stations transmitting hybrid IBOC signals may operate
with total digital effective radiated power of up to -14 dBc. No
station may operate its digital carriers with a total effective
radiated power in excess of -10 dBc. A station planning to operate with
a total digital effective radiated power in excess of -14 dBc must
certify compliance with table 1 to this paragraph (f) by calculating
the F(50,10) signal strength of its analog signal at the first adjacent
station's F(50,50) 60 dB[micro] contour. Compliance with this table
must be established for the upper and lower IBOC digital sidebands
separately. All calculations must be made using the standard FCC
contour prediction methodology.
Table 1 to Paragraph (f)--Maximum Permissible FM Digital ERP per
Sideband
------------------------------------------------------------------------
IBOC station's F(50,10) field strength at Maximum permissible FM
the upper or lower first-adjacent digital ERP for the
station's analog 60 dB[micro] F(50,50) respective (upper or lower)
contour sideband
------------------------------------------------------------------------
51.2 dB[micro] and above.................. -17 dBc.
50.7 dB[micro] to 51.1 dB[micro].......... -16 dBc.
50.3 dB[micro] to 50.6 dB[micro].......... -15 dBc.
49.6 dB[micro] to 50.2 dB[micro].......... -14 dBc.
49.5 dB[micro] or less.................... -13 dBc.
------------------------------------------------------------------------
0
5. Delayed indefinitely, in Sec. 73.406, add paragraphs (d)(5) and (6)
to read as follows:
Sec. 73.406 Notification.
* * * * *
(d) * * *
(5) Any digital FM station taking any of the following actions must
notify the Commission of such action on Form 2100, Schedule 335-FM:
(i) Upon initiation of hybrid digital operation;
(ii) Upon initiation of asymmetric sideband operation at any power
level. For FM stations employing asymmetric sideband operation as
defined in Sec. 73.402(i), the notification must include a
certification that the proposed digital sideband power on each sideband
conforms to the Maximum Permissible FM Digital ERP set forth in table 1
to Sec. 73.404(f), and that the total digital sideband power will not
exceed the total power if the digital sideband operation were
symmetric. The notifying station may commence asymmetric sideband
operation upon filing Form 2100, Schedule 335-FM, and may continue such
operation unless notified by the Commission that such operation is not
rule-compliant;
(iii) Discontinuing asymmetric sideband operation and reverting to
symmetric sideband operation. The digital FM station must file Form
2100, Schedule 335-FM within 30 days of discontinuing asymmetric
sideband operation; or
(iv) Decreasing total digital Effective Radiated Power from a level
above -14
[[Page 84105]]
dBc to a level at or below -14 dBc. The digital FM station must file
Form 2100, Schedule 335-FM within 30 days of decreasing power.
(6) Any digital FM station seeking authority to increase total
digital Effective Radiated Power above -14 dBc must submit Form 2100,
Schedule 335-FM. The submission must include a certification that the
proposed FM digital Effective Radiated Power is permitted, using the
table set forth in table 1 to Sec. 73.404(f). Certifications must be
based on the most restrictive analog field strength of the proponent at
any nearby first-adjacent channel station's 60 dB[micro] contour. The
station choosing to operate with total digital ERP above -14 dBc may
initiate such operation upon approval from the Commission.
[FR Doc. 2024-24105 Filed 10-18-24; 8:45 am]
BILLING CODE 6712-01-P
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