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Rule2024-29290

Program Originating FM Broadcast Booster Stations

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Published

December 13, 2024

Effective

January 13, 2025

Issuing agencies

Federal Communications Commission

Abstract

In this document, the Federal Communications Commission (Commission) adopts a Second Report and Order and Order on Reconsideration (Second R&O) on processing, licensing, and service rules that will allow voluntary, limited use of FM booster stations to originate content on a permanent basis. This action builds upon an April 2024 Commission action which permitted experimental use of program originating boosters subject to adoption of such rules. The rule changes are needed to expand the potential uses of FM booster stations, which previously could 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

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<title>Federal Register, Volume 89 Issue 240 (Friday, December 13, 2024)</title>
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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Rules and Regulations]
[Pages 100868-100878]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29290]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 11, 73, and 74

[MB Docket No. 20-401; FCC 24-121; FR ID 267137]

Program Originating FM Broadcast Booster Stations

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Federal Communications Commission
(Commission) adopts a Second Report and Order and Order on
Reconsideration (Second R&O) on processing, licensing, and service
rules that will allow voluntary, limited use of FM booster stations to
originate content on a permanent basis. This action builds upon an
April 2024 Commission action which permitted experimental use of
program originating boosters subject to adoption of such rules. The
rule changes are needed to expand the potential uses of FM booster
stations, which previously could 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: This final rule is effective January 13, 2025 except for the
amendments in instruction 5 (47 CFR 73.3526) instruction 6 (47 CFR
73.3527), instruction 9 (74.1204), and instruction 10 (47 CFR 74.1206),
which are delayed indefinitely. The Commission will announce the
effective date of the amendments to 47 CFR 73.3526, 73.3527, 74.1204,
and 74.1206 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#c180ada3a4b3b5ef92a9b4ada5a8afa4b381a7a2a2efa6aeb7">[email&#160;protected]</a>; Irene
Bleiweiss, Attorney, Media Bureau, Audio Division, (202) 418-2785,
<a href="/cdn-cgi/l/email-protection#f8b18a9d969dd6ba949d918f9d918b8bb89e9b9bd69f978e">[email&#160;protected]</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#3a795b4e5243146d535656535b57497a5c5959145d554c">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report and Order (Second R&O), MB Docket No. 20-401; FCC 24-121,
adopted on November 21, 2024, and released on November 22, 2024. The
full text of this document will be available via the FCC's website at
<a href="https://docs.fcc.gov/public/attachments/FCC-24-121A1.pdf">https://docs.fcc.gov/public/attachments/FCC-24-121A1.pdf</a>. Documents
will be available electronically in ASCII, Microsoft Word, and/or Adobe
Acrobat. Alternative formats are available for people with disabilities
(braille, large print, electronic files, audio format), by sending an
email to <a href="/cdn-cgi/l/email-protection#accacfcf999c98eccacfcf82cbc3da">[email&#160;protected]</a> or calling the Commission's Consumer and
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY). Prior documents that the Commission published in this proceeding
include a Notice of Proposed Rulemaking at 86 FR 1909 (January 11,
2021), a Report and Order at 89 FR 26786 (April 16, 2024), and a
Further Notice of Proposed Rulemaking at 89 FR 26847 (April 16, 2024).

Paperwork Reduction Act of 1995 Analysis

This Second R&O 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. Appendix C of the Second R&O assesses the effects of the
required collection of information on these small entities.

[[Page 100869]]

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 Second R&O
to Congress and the Government Accountability Office (GAO) pursuant to
5 U.S.C. 801(a)(1)(A).

Synopsis

I. Introduction

1. In the Second 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 and within the same service contour 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. In April 2024, the
Commission adopted rules sufficient to authorize program originating
boosters only on an experimental basis. The additional rules in the
Second R&O will allow FM and LPFM broadcasters to employ FM booster
stations to originate programming for up to three minutes per hour on a
permanent basis.
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 target a portion of their
programming to particular zones by using FM boosters to originate
different content for different parts of their service areas. GBS filed
a Petition for Rulemaking (Petition) seeking to allow FM boosters to
originate programming. The Petition suggested that program originating
boosters 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 small local businesses, 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 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.
4. After the comment period closed, the Commission granted GBS'
request for experimental authority to conduct additional testing of the
technology and required GBS to report the results. The reports
contained detailed information about the technology's operation in two
radio markets, its compatibility with the Emergency Alert System (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. In April 2024, the Commission issued a Report and Order (Order)
identifying significant potential benefits of program originating
boosters. It determined that the ability to originate content would
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.
The Commission, thus, found that it would be in the public interest to
allow FM and low power FM (LPFM) broadcasters to use booster-originated
content on a voluntary, limited basis, subject to resolution of various
technical and non-technical matters.
6. The Commission's Order identified certain safeguards and
limitations that could potentially resolve certain concerns raised in
the comments such as whether program originating boosters would cause
harmful interference to their primary station or adjacent channel
stations, be compatible with the EAS, and be used in a manner
consistent with principles of diversity, equity, and inclusion. The
potential safeguards included: limiting program origination to three
minutes per hour (five percent of each hour); requiring notification to
the Commission before a booster begins to originate programming;
requiring program originating boosters to receive and broadcast all
emergency alerts in the same manner as their primary station; limiting
the number of boosters a station can operate; and a self-certification
or monitoring of the marketplace to ensure that booster stations are
not used to disadvantage particular communities or locations. The Order
also concluded that the Commission could minimize interference by
placing conditions on booster authorizations, relying upon proper
engineering by broadcasters, and responding, on a case-by-case basis,
to any interference that might arise in individual circumstances.
7. Nevertheless, because the record addressed some of these
safeguards quite broadly, the Commission proposed more specific
requirements and solicited more detailed public input in a concurrently
released FNPRM. The FNPRM also sought comment on administrative matters
not fully discussed in the record, such as processing, licensing, and
service rules that the Commission would need in order to authorize
program originating boosters and respond to any resulting operational
issues. Thus, although the Order provided for immediate grant of
authorizations to operate program originating boosters on an
experimental basis, it determined that permanent authorizations would
need to await establishment of more detailed requirements in response
to the FNPRM.
8. Commenters responding to the FNPRM represent a broad cross-
section of interested parties including advocacy groups representing
the interests of full-service FM commercial, noncommercial, and LPFM
broadcasters, consulting engineers, and a coalition promoting the
voices of communities of color and marginalized groups in the
broadcasting industry. Some express support for program originating
boosters and others, while generally opposed to such use of boosters,
express support for operational safeguards proposed in the FNPRM.

II. Discussion

9. In the Second R&O the Commission adopts application procedures
and service rules to allow for the use of program originating boosters
on a permanent basis. It establishes a process for stations to notify
the Commission and other stations of the commencement

[[Page 100870]]

of program origination on booster stations. The Commission also updates
its rules to address concerns about predicted interference from
proposed booster stations and adopts a cap of 25 program originating
boosters that each primary station may operate. Additionally, the
Commission updates its political broadcasting rules to account for
political advertising on program originating boosters. It adopts a
public interest certification for broadcasters operating program
originating boosters. The Commission also addresses two pending
petitions for reconsideration of the Order--denying the REC Networks
petition for reconsideration and dismissing the Press Communications,
LLC petition for reconsideration on procedural grounds.
10. Application Procedures. The Commission will, as proposed in the
FNPRM, continue to process booster applications on a first come/first
served basis using existing application procedures. The Commission
believes that continuing the existing first come/first served
application process will best enable FM broadcasters to design systems
that meet their individual circumstances, to determine whether program
origination on boosters meets their needs, and to apply for boosters at
any time. No commenter suggested or identified a need for opening
application filing windows for program originating boosters.
11. The Second R&O addresses how broadcasters that are operating
program originating boosters pursuant to experimental authority will
transition to permanent operation. Such broadcasters that are compliant
with the rules adopted in the Second R&O may continue program
origination uninterrupted by filing a notification at any time after
the effective date of the rules adopted herein and before the existing
experimental authority expires.
12. Notifications. The Commission adopts requirements that
licensees notify the Commission and State Emergency Communications
Committees (SECCs) of their intent to originate programming over
boosters. The FM Booster Program Origination Notification to the
Commission will put interested parties on notice of which stations are
using boosters to originate content, and enable the Commission to best
respond to any complaints that may arise. The notification will contain
the same elements proposed in the FNPRM but rather than sending a
letter as proposed, licensees will file an electronic form. The
Commission believes that use of a form will make it easier for
applicants to provide each required element and will be more convenient
for the public by presenting information in a uniform format. Most
commenters supported this notification requirement.
13. In order to protect public safety, the Second R&O also adopts a
notification requirement to ensure that program originating boosters do
not negatively impact the public's receipt of alerts through the EAS.
The FNPRM asked whether action taken in the Order, including a
requirement that boosters receive and broadcast all emergency alerts in
the same manner as their primary station, was sufficient to ensure that
listeners receive timely emergency alerts. The FNPRM sought comment on
whether FM primary stations using program originating boosters should
notify all EAS Participants monitoring that primary station to put
participating stations on notice that they should monitor the primary
station rather than the associated booster. The FNPRM also asked
whether to require broadcasters using program originating boosters to
report EAS-related problems or interference and, if so, the best means
for broadcasters to provide such information.
14. Of the commenters that address EAS, all support some type of
additional safeguard. For example, National Public Radio (NPR) asserts
that the requirement would ensure that other stations in an EAS daisy
chain know whether the stations from which they receive EAS signals are
originating programming. The National Association of Broadcasters (NAB)
suggests that the Commission require stations to disclose whether their
boosters will simulcast or be turned off during periods when a
station's main channel and program originating boosters are
broadcasting the same content, because the chosen approach will bear
upon the potential interference during the broadcast of EAS messages.
GBS agrees that notifications are valuable but argues that existing
rules are sufficient to provide such notifications.
15. The Commission finds that existing rules are not sufficient to
notify the Commission or EAS participants of the use of boosters for
program origination and, therefore, adopts rules to include an EAS-
specific notification requirement. The Second R&O finds that SECCs are
best situated to receive EAS-specific notifications because SECCs
administer State EAS Plans, which set forth monitoring assignments for
all EAS Participants in the covered state or territory. SECCs can,
thus, assess whether the primary station providing the notification is
monitored by other EAS Participants. The Second R&O also requires that
stations employing program originating boosters report to the
Commission's Operations Center, at <a href="/cdn-cgi/l/email-protection#e2a4a1a1adb2b1a2848181cc858d94">[email&#160;protected]</a>, any problems of
which they become aware concerning the EAS and interference.
16. Synchronization. The Commission concluded in the Order that
properly engineered program originating boosters will not cause
objectionable co-channel interference to the primary station or
adjacent channel interference to other stations. An aspect of proper
engineering would be synchronization of the signals of the primary
station with those of the program originating boosters. The Order
included a general synchronization requirement but did not specify a
particular method that a broadcaster would be required to use to
implement such synchronization. The FNPRM asked whether the Commission
should establish uniform synchronization standards or if that would be
an unnecessary burden given that broadcasters already have strong
economic incentives to avoid self-interference.
17. Two commenters support adoption of a specific Commission-
devised synchronization standard but only one, NAB, suggests any
details. The remaining commenters view synchronization as a good
practice whose specifics should be left up to each licensee because the
broadcasters' own on-site technical experts are in a better position to
determine the most effective way to synchronize under each
broadcaster's individual conditions. The Second R&O declines to adopt
uniform synchronization standards for program originating boosters at
this time. Rather, the Commission will allow each broadcaster to
determine what synchronization practices will work best in its own
circumstances.
11. Predicted Interference. The FNPRM also sought comment on
whether to modify 47 CFR 74.1204(f) to include applications to
construct FM booster stations among those subject to objections based
on predicted interference to another station. We asserted that such a
change could ensure that broadcasters do not invest in developing
booster stations that will later cause actual interference that must be
resolved under Sec. 74.1203 once the booster commences broadcasts.
Commenters addressing this issue generally support the proposed rule
change. The Commission adopts the proposed amendment to provide a
mechanism for complaints of predicted interference against FM booster
applications while their construction permit applications remain
pending. This is a change from the current

[[Page 100871]]

predicted interference rule which is limited to FM translator stations.
12. Cap on Program Originating FM Boosters and Other LCRA Issues.
The Second R&O amends 47 CFR 74.1232(g), as proposed in the FNPRM, to
limit each FM station to 25 program originating booster stations.
Placing a cap on the number of program originating FM booster stations
represents a change from current Commission rules, which impose no
numerical limit on full power FM stations using boosters in a
traditional fill-in role. In the Order, we concluded that a limit on
the number of program originating FM boosters a station can operate may
be needed to ensure that our decision to authorize program originating
boosters is consistent with section 5 of the Local Community Radio Act
of 2010 (LCRA) (Pub. L. 111-371), which requires that the Commission
make licenses available for different types of stations that may
operate on the same spectrum. As noted in the FNPRM, we do not yet know
the extent of demand for program originating FM booster stations, nor
the impact that potentially large numbers of such stations in a market
could have on spectrum availability on adjacent channels where new FM
translators and LPFM stations might conceivably wish to locate.
13. No commenter suggests an alternative number. GBS agrees with
our conclusion in the Order that authorization of program originating
boosters is consistent with LCRA. It views a cap of 25 boosters per
station as an appropriate starting point, but encourages the Commission
to consider raising the limit if evidence demonstrates that this number
is artificially low. REC Networks does not object to the cap but
considers the number to be arbitrary.
14. The Second R&O finds that the 25-booster limit, as well as
authorization of program originating boosters in general, is consistent
with the LCRA. The Commission believes that 25 boosters per station is
a generous amount that will allow for design of several zones of
program origination within each station's service area. In response to
GBS' request for flexibility in that number the Commission notes that
licensees can request a waiver of any rule under existing waiver
standards.
15. Public Interest Certification. The FNPRM sought comment on a
``Public Interest Certification'' suggestion, i.e., a reporting
requirement in which licensees would self-certify that they are,
consistent with the public interest, using their program originating
boosters in a manner that is responsive to the needs of their service
areas, especially minority communities. That suggestion arose in
response to prior commenter concerns that geo-targeted programming or
advertising might result in intentional or inadvertent socio-economic
``redlining'' or exclusion of minorities. Although, we found no
evidence that program origination would cause redlining, we sought
comment on whether the suggested reporting requirement might be a
useful safeguard and, if so, what timing and content of the
certification would be best.
16. The U.S. Black Chamber, National Newspaper Publishers
Association, Roberts Radio Broadcasting (Roberts), and the
Multicultural Media, Telecom and internet Council contend, in joint
comments, that program originating boosters allow radio stations to
reach isolated and minority communities with programming geared towards
them. They jointly support adoption of a public interest certification
as proposed because they believe that such a certification would
provide an additional layer of oversight to ensure that program
originating boosters are used appropriately and equitably. GBS supports
a public interest certification and states that it recently chartered a
Diversity Advisory Committee to help GBS coordinate, monitor, and
facilitate activities that promote localism, diversity, equity, and
inclusion. None of the commenters propose any specific language,
frequency, or method for the suggested certification.
17. The Second R&O adopts a self-certification requirement which
will contain the call sign of the relevant booster(s) and state that in
originating programming over the booster(s) the licensee has considered
the characteristics and needs of the coverage area of the booster
station and has not used the booster to exclude or diminish service to
other populations within that area or other areas within the service
area of the booster's primary station. We conclude that this
certification would pose a very minimal burden on licensees but serve
as a regular reminder to use program originating boosters as an
enhancement intended to target rather than to exclude.
18. FM licensees would place the certification in the online public
file of their primary station concurrently with their quarterly issues
programs lists for the primary station. We do not see a need for LPFM
stations to make this certification. LPFM licensees would not be
required to make the certification because LPFM stations have limited
service areas making it unlikely that potential use of boosters to
exclude listeners in certain zones would result. Moreover, filing of
the certification will coincide with the quarterly filing of issues/
programs lists in an online public inspection file but LPFM stations
are not required to compile such lists or to maintain an online
inspection file.
19. Part 74 Licensing Issues. As proposed in the FNPRM, the
Commission clarifies several operational matters. The only commenter to
address any of our licensing proposals was NAB, which supports the
proposal to make explicit the requirement that booster stations suspend
operations any time their primary stations are not broadcasting and
file notices of suspended operations. NAB asks the Commission also to
clarify that suspension of program origination on booster stations
should take place immediately upon cessation of the primary signal. GBS
states that such a clarification is not necessary because the Rules
already address suspension of booster operations.
20. The Commission adopts the rule change as originally proposed in
the FNPRM. The Second R&O adds a new Sec. 74.1231(k) explicitly
codifying existing requirements by requiring booster stations to
suspend operations any time their primary stations are not broadcasting
and to file notices of suspended operations/requests for special
temporary authority to remain silent pursuant to 47 CFR 73.1740. We do
not believe it is necessary to adopt NAB's suggestion of a statement
that suspension of booster program origination must occur immediately
upon cessation of the primary signal.
21. As proposed in the FNPRM we also reorganize and clarify 47 CFR
74.1231 by adding new paragraph (j). The provisions of paragraph (j),
previously contained in a Note, clarify that grandfathered superpowered
FM stations will only be able to implement booster stations within the
standard (i.e., non-superpowered) maximum contour for their class of
station. This should help to minimize interference risks by further
isolating program originating boosters from adjacent FM broadcast
stations.
22. Finally, we modify 47 CFR 74.1232 to clarify that a booster
station may not broadcast programming that is not permitted by its FM
primary station's authorization, as proposed in the FNPRM. This will
ensure that program originating boosters are not used in a manner that
is inconsistent with the primary station. For example, licensees of
noncommercial FM stations may not use booster stations for commercial
broadcasts.

[[Page 100872]]

23. Political Broadcasting and Advertising. To the extent an FM
booster station originates programming that includes political (i.e.,
candidate and certain issue-related) programming, it will be subject to
the full array of political programming requirements that are
applicable to full power broadcast stations. The FNPRM invited comments
on a number of political programming issues including obligations to
maintain political files, provide equal opportunities, ensure
reasonable access, and charge candidates lowest rates. These
obligations ensure that qualified candidates for elective office have
access to broadcast facilities and certain other media platforms and
foster transparency about entities sponsoring advertisements.
24. In its comments, GBS agrees with the general approach of
applying existing political programming rules to program originating
boosters. GBS anticipates that broadcasters will sell advertising time
on program originating boosters at rates distinct from those on their
primary signal and, thus, believes it would be appropriate to treat a
program originating booster as its own facility for the limited
purposes of applying the equal opportunities, reasonable access, and
lowest unit charge rules. Similarly, GBS urges the Commission to treat
each program originating booster as its own facility with regard to
political file requirements. Roberts agrees that program originating
boosters could be useful for political candidates but seeks streamlined
political file requirements because small, independent broadcasters
like itself have limited resources.
26. We amend 47 CFR 74.1290 as proposed to make all political
programming requirements explicitly applicable to program originating
FM booster stations. Traditional booster stations are not required to
maintain a public file, but we will require full power broadcasters
originating programming on a booster to include information about any
political uses of each booster in the online political file of the
booster's primary station. LPFM stations do not have an online public
file requirement and, thus, an LPFM station operating program
originating boosters will need to maintain a physical political file
for its booster(s) consistent with existing requirements for political
use of the LPFM station.
27. As GBS suggests, each program originating booster and primary
station would be considered its own, separate facility for purposes of
political file obligations. However, for the sake of simplicity, the
Commission adopts a streamlined requirement that will allow
broadcasters to include information about their boosters within the
political file of their primary stations. The primary FM station's
political file would denote whether material was booster-originated,
and if so, the booster station over which it was broadcast. We will
implement this requirement by amending 47 CFR 73.3526 (online public
inspection file of commercial stations) and 47 CFR 73.3527 (online
public inspection file of noncommercial educational stations).
28. Because we are treating program originating boosters as
separate facilities from the licensee's primary station for purposes of
political broadcasting and advertising requirements, candidates who
request equal opportunities in response to an advertisement or
noncommercial announcement broadcast on a particular program
originating booster station will be entitled to use that booster
station but not the primary station (if the primary station did not air
the material). Similarly, primary stations and program originating
boosters will be treated as separate facilities with respect to
requests for reasonable access by Federal candidates. As GBS notes,
rates charged on a program originating booster may be lower than those
charged on the primary station because the booster reaches a smaller
zone. Therefore, in determining lowest unit charges, licensees should
treat their program originating booster stations and primary stations
as separate facilities.
29. Patent Licensing Issues. We will not at this time require
vendors of program originating technology and patent owners in program
origination technology to take any additional steps pursuant to the
Commission's patent policy. Nor will we require their compliance with
any other guidelines common to open standards, such as requiring that
licenses be available to all parties on fair, reasonable and
nondiscriminatory terms. The FNPRM asked whether such a requirement was
necessary and an appropriate exercise of Commission authority given
that the Order did not endorse a particular technical approach. GBS,
the only commenter to address this issue, argues that the Commission
should not get involved in patent matters.
30. Based on the record, we decline at this time to impose any
patent-related requirements. We base this decision on our determination
that program originating boosters work with existing equipment and
standards, the Commission has not endorsed GBS' particular product, and
others can enter the market if there is sufficient demand. Therefore,
we do not believe that it is necessary at this time for us to adopt
regulations governing program origination licensing and usage fees. If
we receive information that suggests we need to explore this issue
further, such as if it becomes necessary for stations to use a
particular proprietary system for program origination to work, we will
take appropriate action at that time.
31. Other Safeguards. We will not adopt a suggestion by REC that
the Commission avoid co-channel interference to LPFM and FM translator
stations by revising 47 CFR 74.1204(i). REC asks us to require that the
signal of pre-existing co-channel and first-adjacent channel stations
exceed by 20 dBu that of a booster anywhere within the existing
station's protected contour. GBS opposes REC's suggestion. The
Commission does not see a need to revise section 74.1204(i) in the
manner proposed by REC because existing co-channel interference
standards provide sufficient protection. REC acknowledges that an
affected station could pursue an interference claim against the booster
under 47 CFR 74.1203 and 73.809 although it views this remedy as
burdensome because the affected station must compile information
necessary to present a complaint.
32. REC's proposal is similar to interference protection standards
that the Commission considered but declined to adopt in 1987, in favor
of less complex and burdensome requirements. The record does not
support a finding that the landscape has changed so significantly since
that time as to establish a need for different standards applicable to
FM booster stations. Our decision to limit program origination to three
minutes per hour would further minimize any potential interference. We
acknowledge that the LPFM service did not yet exist at the time of the
1987 decision and that the number of FM boosters will likely increase
with the option to use them for program origination. However, we do not
consider that change to negate the effectiveness of the existing
requirement that secondary stations must protect full service stations
and also pre-existing secondary stations.

III. Procedural Matters

33. Final Regulatory Flexibility Analysis. As required by the
Regulatory Flexibility Act of 1980, as amended (RFA), an Initial
Regulatory Flexibility Analysis (IRFA) was incorporated in the
amendment of Sec. 74.1231(i) of the Commission's Rules on FM Broadcast
Booster Stations, Further Notice of Proposed Rulemaking (FNPRM),
released in April 2024. The Federal

[[Page 100873]]

Communications Commission (Commission) sought written public comment on
the proposals in the FNPRM, including comment on the IRFA. No comments
were filed addressing the IRFA. The Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA. See 5 U.S.C. 604.
34. Need For, and Objectives of, the Second Report and Order. In
the Second Report and Order (Second R&O), the Commission establishes
service rules that will enable FM and low power FM (LPFM) broadcasters
to use FM booster stations to originate program content. This action
builds upon an April 2024 Report and Order (Order) and Further Notice
of Proposed Rulemaking (FNPRM) stemming from a Petition for Rulemaking
by GeoBroadcast Solutions, LLC (GBS). GBS developed technology designed
to allow FM broadcast stations to use boosters as a means of airing
``geo-targeted'' content different from their primary station's signal
to specific areas, i.e., ``zones,'' within that station's service
contour. Stations choosing to use this technology might, for example,
air advertisements from businesses whose needs or budgets are best
focused on small geographic areas, and/or might air hyper-local news
and weather reports most relevant to a particular segment of the
community. Because FM boosters were traditionally used only as a means
to enhance weak signals of a primary station and could not originate
programming, GBS asked the Commission to modify the rules to allow
program originating boosters.
35. In the Order, after considering responsive comments, the
Commission identified significant potential benefits of program
originating boosters. The technology could enable radio stations to
seek new sources of revenue, provide audiences with more relevant,
hyper-local content, and provide advertisers with better opportunities
to direct messages to the listeners they most want to reach.
Nevertheless, because the record addressed some technical and
administrative issues quite broadly, we issued the FNPRM to propose
specific requirements and solicit more detailed input. We, thus,
provided for immediate grant of authorizations to operate program
originating boosters on an experimental basis pursuant to part 5 of the
Commission's rules, 47 CFR part 5, but determined that permanent
authorizations would need to await establishment of more detailed
requirements following an opportunity for public comment.
36. Comments submitted in response to the FNPRM generally support a
process that is simple and flexible for booster applicants while
including safeguards to ensure that booster operations do not impact
emergency communications or signal quality to listeners of the primary
station and other co-channel and adjacent channel stations. The Second
R&O thus adopts processing, licensing, and service rules to enable the
Commission to authorize broadcasters to originate programming on
boosters without the need for an experimental authorization. To
facilitate the rollout of this service, we establish that FM licensees
will apply for boosters on a first come/first served basis. Before
commencing or suspending program origination the licensee will file a
FM Booster Program Origination Notification using an electronic form
that following approval, will be available in the Media Bureau's
Licensing and Management System (LMS) database. The notification will
enable the Commission and interested parties to be aware of which
boosters are being used for this purpose. In response to public safety
concerns about potential impact on the Emergency Alert System (EAS) the
Commission will require broadcasters whose signals are specified in a
state emergency communications plan to notify their State Emergency
Communications Committee(s) (SECC) of their use of program originating
boosters. We also update our rules to allow the Commission to address
concerns about predicted interference from proposed booster stations
and adopt a cap on the total number of program originating boosters
each primary station may operate. We update our political broadcasting
rules to account for political advertising on program originating
boosters. Finally, we adopt a commenter-proposed public interest
certification for broadcasters operating program originating boosters.
37. Summary of Significant Issues Raised by Public Comments in
Response to the IRFA. There were no comments filed that specifically
addressed the proposed rules and policies presented in the IRFA.
However, Roberts Radio Broadcasting (Roberts), which supports program
originating boosters, offered its perspective on several administrative
matters as a small, independent broadcaster with limited resources.
Specifically, Roberts seeks streamlined political file requirements and
opposes separate EAS requirements for program originating boosters,
citing concerns regarding the limited resources of small, independent
broadcasters. As discussed in greater detail in section F, the Second
R&O streamlines political file reporting, but maintains certain EAS
notification requirements.
38. Response to Comments by the Chief Counsel for Advocacy of the
Small Business Administration. Pursuant to the Small Business Jobs Act
of 2010, 5 U.S.C. 604(a)(3), which amended the RFA, the Commission is
required to respond to any comments filed by the Chief Counsel for
Advocacy of the Small Business Administration (SBA), and to provide a
detailed statement of any change made to the proposed rules as a result
of those comments. The Chief Counsel did not file any comments in
response to the proposed rules in this proceeding.
39. Description and Estimate of the Number of Small Entities to
Which the Rules Will Apply. 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. The RFA, 5
U.S.C. 601(6) generally defines the term ``small entity'' as having the
same meaning as the terms ``small business,'' ``small organization,''
and ``small government jurisdiction.'' In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act, 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.
40. Radio Stations. This industry is comprised of ``establishments
primarily engaged in broadcasting aural programs by radio to the
public.'' Programming may originate in the broadcaster's 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.
41. The Commission estimates that as of September 30, 2024, there
were 4,400 licensed commercial AM radio stations and 6,618 licensed
commercial FM radio stations, for a combined total of 11,018 commercial
radio stations. Of this total, 11,017 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 October 15,
2024, and therefore these licensees qualify as small entities under the
SBA definition. In addition, the Commission estimates that as of
September 30, 2024, there were 4,377 licensed noncommercial (NCE) FM
radio

[[Page 100874]]

stations, 1,967 low power FM (LPFM) stations, and 8,894 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 above SBA small
business size standard.
42. 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 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.
43. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities. The Second R&O modifies
reporting requirements that may impact compliance requirements for
small entities, as described below. These changes will likely result in
a modified paperwork obligation for small and other entities. The
Commission has considered the benefits and costs of allowing program
originating booster licensees to submit certain notifications in the
LMS database. While there is not specific information on the record to
quantify the cost of compliance for small entities or determine whether
they will need to hire professionals to comply with its decisions, the
Commission has determined that the benefits of allowing small and other
broadcasters to operate program originating boosters outweigh any
potential costs for small entities. The Commission will seek approval
of and submit the corresponding burden estimates to account for this
modified reporting requirement.
44. The Second R&O adopts processing, licensing, and service rules
permitting construction and operation of program originating boosters.
The Commission adds a new section 74.1206 to the rules, requiring that
a program originating booster formally notify the Commission through
the LMS database of the commencement and suspension of operations. FM
Booster Program Origination Notifications must be filed 15 days prior
to the start of programming and 30 days after permanently terminating
programming.
45. The new rule section 74.1206 also includes a separate
notification requirement pertaining to the EAS to ensure that EAS
participants are aware of program originating boosters in their EAS
chain. This EAS-related notification will be accomplished by requiring
broadcasters to alert their SECC that content on their boosters may
differ from that on their primary station. The SECC can, thus, take
this into account in making EAS monitoring assignments. The Second R&O
also requires that stations employing program originating boosters
report to the Commission any problems of which they become aware
concerning the EAS and interference.
46. The Second R&O further clarifies that the programming
originated by an FM booster station must conform to that broadcast by
the FM primary station, e.g., a booster re-transmitting a noncommercial
educational (NCE) FM station may also only broadcast NCE content, and
that booster stations must suspend operations when the primary station
is not operating. Information collected in the FM Booster Program
Origination Notification will be publicly available in the Commission's
LMS database.
47. The Commission further amends Sec. 74.1232(g), limiting full-
service FM stations to 25 program originating FM booster stations. This
cap represents a change from the current rule, which imposes no
numerical limit on FM booster stations. The cap is intended to ensure
that spectrum remains available for other purposes despite an increase
in the overall number of booster stations anticipated from our decision
to authorize program originating boosters, consistent with the Local
Community Radio Act of 2010 (LCRA) (Pub. L. 111-371), 124 Stat. 4072
(2011).
48. The Second R&O also addresses issues regarding political
broadcasting. To the extent that political advertising may be broadcast
over a program originating booster, the Commission requires that such a
booster station must follow all of the Commission's political
broadcasting rules. These would include rules requiring the maintenance
of a political file, provision of equal opportunity and reasonable
access to political candidates, and limiting the rates charged to
political candidates for air time.
49. The Commission adopts a suggestion from commenters that
licensees of program originating boosters periodically self-certify
that they are, consistent with the public interest, using the boosters
in a manner that is responsive to the needs and issues of their service
areas, especially minority communities. Although the Commission found
no evidence that program origination would inhibit advances in
diversity, equity, inclusion, and accessibility, it views this
requirement as one posing a very minimal burden on licensees but
serving as an important, regular reminder to licensees of best
practices to use program originating boosters as an enhancement of
local messaging intended to target rather than to exclude. The
Commission amends the online public inspection file rules in 47 CFR
73.3526 and 73.3527 to reference this new public interest self-
certification requirement, requiring stations to place their booster-
related certification in their online public files.
50. Finally, the Second R&O concludes that certain additional
guidelines are unnecessary. The Commission will not adopt specific
standards for synchronizing booster and primary signals. The manner in
which a license synchronizes its signals would best be determined on an
individual basis by the station's engineers based on the design of its
particular system. Nor will the Commission specify that vendors of
program originating technologies abide by the Commission's patent
policy or any other guidelines, which require that licenses be
available to all parties on fair, reasonable, and nondiscriminatory
terms. There is not a need for such action at present because program
originating boosters work with existing equipment and standards, the
Commission has not endorsed GBS' particular product, and others can
enter the market if there is a sufficient demand.
51. Steps Taken to Minimize the Significant Economic Impact on
Small

[[Page 100875]]

Entities and Significant Alternatives Considered. The RFA, 5 U.S.C.
604(a)(6), 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.'' In the Second R&O, the Commission considered a number of
alternatives that may impact small entities when it adopted processing,
licensing, and service rules for authorizing program originating
boosters. These rules benefit the public by providing small
broadcasters with increased options to serve listeners and provide for
more targeted and varied advertising and content that many small
stations are not able to currently offer.
52. Many alternatives considered in the Second R&O seek to avoid
imposing additional burdens on small radio stations where practicable.
The Commission considered and responded favorably to commenter
suggestions to keep administrative processes associated with program
originating FM boosters as simple and flexible as possible. For
example, the Commission will accept applications to construct program
originating boosters on a first come/first served basis, and not adopt
one commenter's suggestion to add separate applications for program
origination. The process adopted will give applicants the flexibility
to apply as needed rather than having to await a specific filing window
and additional application review. In this way, FM broadcasters will be
able to design systems that meet their individual circumstances by
applying for many or just a few stations at any point in time. In the
unlikely event of mutually exclusive booster proposals filed on the
same day, the Commission decided to give the applicants an opportunity
to adjust their technical proposals to allow for grant of both
applications. The Commission will allow for additional flexibility if
applicants are unable to adjust their engineering parameters and will
grant each application on a time-sharing basis. Such an arrangement
should not be difficult given that program origination is limited to
three minutes each hour. In considering alternatives to the proposed
political file requirements, the Second R&O retains filing obligations,
however it allows small broadcasters to include information on program
originating boosters in the political file of the main station, thereby
streamlining recordkeeping obligations for smaller broadcasters with
limited resources.
53. The Commission considered whether to codify technical
specifications for synchronization of the program originating booster's
signal with that of the FM primary station, and agreed with commenters
who emphasized the importance of allowing each licensee to design a
system that best meets the engineering specifications appropriate in
its particular environment, providing small broadcasters further
flexibility. Some commenters suggested adoption of stricter co-channel
interference standards for program originating boosters, however we
believe the existing standards are sufficient and less burdensome and
will retain those standards at this time.
54. In considering related recordkeeping and notification
requirements, the Commission endeavored to strike an appropriate
balance between the Commission's need for information and the small
broadcaster's interest in minimizing regulatory burdens. For example,
in establishing a new Sec. 74.1206 to the rules, which prescribes LMS
notification of the commencement or suspension of program originating
booster service, the Commission accepted a suggestion that licensees
provide the notification in the LMS database. The majority of
Commission notifications in the media services are delivered through
LMS, which is less burdensome than requiring separate mail or
electronic mail notification. Further, the rule also simplifies
notification and certification requirements for broadcasters, allowing
15 days for notification that programming will begin, instead of 10
days as proposed in comments, and 30 days to file a notification that
it will permanently discontinue originating programming. The Commission
delegated to the Media Bureau authority to create the new notification
form and to coordinate with any other agencies as needed to obtain all
form approvals. We believe that unlike other alternatives for
compliance, such as a separate full application filing, this
notification-based approach will provide adequate notice to the
Commission while minimizing the regulatory burden for small broadcast
stations. We anticipate that publicly available notifications will
allow the Commission and the industry to monitor station use of the new
program origination booster technology. Rather than adopting a
suggestion that licensees of program originating boosters identify and
contact, based on operational area alone, every EAS Participant that
monitors their primary stations, we adopt a far less burdensome
requirement that they notify their State Emergency Communications
Committees (SECC). This will enable EAS Participants to more readily
understand the status of the sources they are monitoring by reviewing
their State EAS Plan, which SECCs typically make available via website.
55. Report to Congress. The Commission will send a copy of the
Second R&O, 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 Second R&O, including the FRFA, to
the Chief Counsel for Advocacy of the SBA. A copy of the Second R&O and
FRFA (or summaries thereof) will also be published in the Federal
Register. Id. 604(b).
56. Paperwork Reduction Act Analysis. This Second R&O 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 will be
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. We have assessed the effects of the
required collection of information on these small entities.
57. 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 this Second R&O to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act, 5 U.S.C. 801(a)(1)(A).

[[Page 100876]]

IV. Ordering Clauses

58. 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, 152,
154(i), 157, 301, 302, 303, 307, 308, 309, 316, 319, and 324, this
Second Report and Order and Order on Reconsideration is adopted.
59. It is further ordered that the Second Report and Order and the
amendments to the Commission's rules set forth in Appendix B shall be
effective 30 days after publication of a summary in the Federal
Register, except that the amendments to Sec. Sec. 73.3526(a) and (e),
73.3527(a) and (e), 74.1204(f), and 74.1206, which may contain new or
modified information collection requirements and creation of a new
form, 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. 73.3526(a) and (e), 73.3527(a) and (e), 74.1204(f), and
74.1206, by subsequent Public Notice.
60. It is further ordered that the Commission's Office of the
Secretary shall send a copy of this Second Report and Order and Order
on Reconsideration, including the Final Regulatory Flexibility
Analysis, to the Chief Counsel for Advocacy of the Small Business
Administration.
61. It is further ordered that Office of the Managing Director,
Performance Program Management, shall send a copy of this Second Report
and Order and Order on Reconsideration in a report to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act, 5 U.S.C. 801(a)(1)(A).
62. It is further ordered that the Petition for Reconsideration
filed by REC Networks of the Report and Order in MB Docket No. 20-401
is denied.
63. It is further ordered that the Petition for Reconsideration
filed by Press Communications, LLC of the Report and Order in MB Docket
No. 20-401 is dismissed.

List of Subjects

47 CFR Part 11

Emergency Alert System, Radio.

47 CFR Part 73

Communications equipment, Radio, Reporting and recordkeeping
requirements.

47 CFR Part 74

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 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. 11.21 by adding a sentence to the end of paragraph
(a)(4) to read as follows:

Sec. 11.21 State and Local Area plans and FCC Mapbook.

* * * * *
(a) * * *
(4) * * * State EAS Plans must indicate whether any of the EAS
monitoring sources in the monitoring assignment matrix are primary
stations adopting program originating boosters and, if so, whether the
boosters will simulcast the primary station or remain off-air during
periods when they are not originating programming;
* * * * *

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 adding a sentence to end of paragraph (b)(5)
to read as follows:

Sec. 73.860 Cross-ownership.

* * * * *
(b) * * *
(5) * * * Any such booster stations must comply with the rules
concerning the Emergency Alert System set out in part 11 of this
chapter.
* * * * *

0
5. Delayed indefinitely, amend Sec. 73.3526 by adding paragraphs
(a)(3) and (e)(20) to read as follows:

Sec. 73.3526 Online public inspection file of commercial stations.

(a) * * *
(3) Every permittee or licensee of a program originating FM booster
station, as defined in Sec. 74.1201(f)(2) of this chapter, shall
maintain in the political file of its FM primary station the records
required in Sec. 73.1943 for each such program originating FM booster
station.
* * * * *
(e) * * *
(20) Certification by licensees of program originating FM boosters.
Every licensee of an FM primary station using a program originating FM
booster station, as defined in Sec. 74.1201(f)(2) of this chapter,
shall concurrently with its quarterly issues programs lists for the
primary station, place a booster public interest certification in the
online public file of its FM primary station. The certification must
contain the call sign(s) of the relevant booster(s) and certify that in
originating programming over the booster(s) the licensee has considered
the characteristics and needs of the coverage area of the booster
station and has not used the booster to exclude or diminish service to
other populations within that area or any other area served by the
booster's primary station.

0
6. Delayed indefinitely, amend Sec. 73.3527 by adding paragraphs
(a)(3) and (e)(16) to read as follows:

Sec. 73.3527 Online public inspection file of noncommercial
educational stations.

(a) * * *
(3) Every permittee or licensee of a program originating FM booster
station, as defined in Sec. 74.1201(f)(2) of this chapter, in the
noncommercial educational broadcast service shall maintain in the
political file of its FM primary station the records required in Sec.
73.1943 for each such program originating FM booster station.
* * * * *
(e) * * *
(16) Certification by licensees of program originating FM boosters.
Every licensee of an FM primary station using a program originating FM
booster station, as defined in Sec. 74.1201(f)(2) of this chapter,
shall concurrently with its quarterly issues programs lists for the
primary station, place a booster public interest certification in the
online public file of its FM primary station. The certification must
contain the call sign(s) of the relevant booster(s) and certify that in
originating programming over the booster(s) the licensee has considered
the characteristics and needs of the coverage area of the booster
station and has not used the booster to exclude or diminish service to
other populations within that area or any other area served by the
booster's primary station.
* * * * *

[[Page 100877]]

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES

0
7. 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
8. Amend Sec. 74.1204 by removing the note to paragraph (a)(4), adding
paragraph (a)(5), and revising paragraph (i).
The addition and revision read as follows:

Sec. 74.1204 Protection of FM broadcast, FM Translator and LP100
stations.

(a) * * *
(5) For the purposes of determining overlap pursuant to this
paragraph, LP100 stations, LPFM applications, and LPFM permits that
have not yet been licensed must be considered as operating with the
maximum permitted facilities. All LPFM TIS stations must be protected
on the basis of a nondirectional antenna.
* * * * *
(i) FM broadcast booster stations shall be subject to the
requirement that the signal of any first adjacent channel station must
exceed the signal of the booster station by 6 dB at all points within
the protected contour of any first adjacent channel station, except
that in the case of FM stations on adjacent channels at spacings that
do not meet the minimum distance separations specified in Sec. 73.207
of this chapter, the signal of any first adjacent channel station must
exceed the signal of the booster by 6 dB at any point within the
predicted interference free contour of the adjacent channel station.
* * * * *

0
9. Delayed indefinitely, further amend Sec. 74.1204 by:
0
a. Redesignating paragraph (f) introductory text as paragraph (f)(1)
and paragraphs (f)(1) through (5) as paragraphs (f)(3)(i) through (v);
0
b. Revising newly redesignated paragraph (f)(1);
0
c. Adding new paragraphs (f)(2) and (f)(3) introductory text; and
0
d. Revising newly redesignated paragraph (f)(3)(iv)
The revisions and additions read as follows:

Sec. 74.1204 Protection of FM broadcast, FM Translator and LP100
stations.

* * * * *
(f)(1) An application for an FM translator station will not be
granted even though the proposed operation would not involve overlap of
field strength contours with any other station, as set forth in
paragraph (a) of this section, if grant of the authorization will
result in interference to the reception of a regularly used, off-the-
air signal of any authorized co-channel, first, second or third
adjacent channel broadcast station, including previously authorized
secondary service stations within the 45 dB[micro] field strength
contour of the desired station.
(2) An application for an FM broadcast booster station will not be
granted even though the proposed operation would not involve overlap of
field strength contours with any other station, as set forth in
paragraph (i) of this section, if grant of the authorization will
result in interference to the reception of a regularly used, off-the-
air signal of any authorized co-channel, first, second or third
adjacent channel broadcast station, other than the booster's primary
station, but including previously authorized secondary service stations
within the 45 dB[micro] field strength contour of the desired station.
(3) Interference, with regard to either an FM translator station or
an FM broadcast booster station application, is demonstrated by:
* * * * *
(iv) A statement that the complaining station licensee has used
commercially reasonable efforts to inform the relevant translator or
booster licensee of the claimed interference and attempted private
resolution; and
* * * * *

0
10. Delayed indefinitely, add Sec. 74.1206 to read as follows:

Sec. 74.1206 Program originating FM booster station notifications.

(a) A program originating FM booster station must electronically
file an FM Booster Program Origination Notification with the Commission
in LMS using the form provided for this purpose, before commencing or
after terminating the broadcast of booster-originated content subject
to the provisions of Sec. 74.1201(f)(2). Such a notification must be
filed within 15 days before commencing origination, or within 30 days
after terminating origination.
(b) A primary FM station that is designated in a state emergency
communications plan as an Emergency Alert Service Local Primary (LP),
State Primary (SP), State Relay (SR), or otherwise monitored as an
over-the-air source of EAS messages must notify the proper State
Emergency Communications Committee(s) of its intent to transmit unique
local programing on one or more program originating FM boosters at
least 30 days prior to employing a program originating booster, or
implementing changes to booster status. The notification should
disclose whether the booster(s) will simulcast the primary station or
remain off-air during periods when not originating programming and
advise continued monitoring of the primary station and not of a
booster.
(c) Stations employing program originating boosters must report to
the Commission's Operations Center, at <a href="/cdn-cgi/l/email-protection#ffb9bcbcb0afacbf999c9cd1989089">[email&#160;protected]</a>, any problems of
which they become aware concerning EAS-related interference.

0
11. Amend Sec. 74.1231 by removing the note following paragraph
(b)(2)(ii) and adding paragraphs (k) and (l).
The additions read as follows:

Sec. 74.1231 Purpose and permissible service.

* * * * *
(k) In the case of a superpowered 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 based on the maximum facilities set forth in Sec. 73.211 for
the applicable class of FM broadcast station being rebroadcast.
(l) An FM broadcast booster station, as defined in Sec.
74.1201(f)(1) or (2), must suspend operations at any time its primary
station is not operating. If a full-service FM broadcast station
suspends operations, in addition to giving the notification specified
in Sec. 73.1740(a)(4) of this chapter, each FM broadcast booster
station and program originating FM booster station must also file a
notification under Sec. 73.1740(a)(4) that it has suspended
operations.

0
12. Amend Sec. 74.1232 by revising paragraph (g), redesignating
paragraph (h) as paragraph (i), and adding a new paragraph (h).
The revision and addition read as follows:

Sec. 74.1232 Eligibility and licensing requirements.

* * * * *
(g) No numerical limit is placed upon the number of FM booster
stations which may be licensed to a single licensee. No more than
twenty-five (25) program originating FM booster stations may be
licensed to a single full-service FM broadcast station. A separate
application is required for each FM booster station. FM broadcast
booster stations are not counted as FM broadcast stations for the
purposes of

[[Page 100878]]

Sec. 73.5555 of this chapter concerning multiple ownership.
(h) A program originating FM booster station, when originating
programming pursuant to the limits set forth in Sec. 74.1201(f)(2),
may not broadcast programming that is not permitted by its primary
station's authorization (e.g., a program originating FM booster station
licensed to a noncommercial educational primary station may only
originate programming consistent with Sec. 73.503 of this chapter).
* * * * *

0
13. Add Sec. 74.1290 to read as follows:

Sec. 74.1290 Political programming rules applicable to program
originating FM booster stations.

To the extent a program originating FM booster station originates
programming different than that broadcast by its FM primary station,
pursuant to the limits set forth in Sec. 74.1201(f)(2), it shall
comply with the requirements in Sec. Sec. 73.1212, 73.1940, 73.1941,
73.1942, 73.1943, and 73.1944 of this chapter.

[FR Doc. 2024-29290 Filed 12-12-24; 8:45 am]
BILLING CODE 6712-01-P

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