Rule2025-14013

Program Originating FM Broadcast Booster Stations

Primary source

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Published
July 25, 2025
Effective
July 25, 2025

Issuing agencies

Federal Communications Commission

Abstract

In this document, the Federal Communications Commission (Commission) announces that the Office of Management and Budget has approved new information collection requirements under OMB Control Number 3060-1334, as adopted in the Federal Communications Commission's Second Report and Order and Order on Reconsideration, FCC 24-121 (Second Report and Order). This Second Report and Order established the specific processing, licensing, and service rules for the voluntary, limited use of FM booster stations to originate content on a permanent basis and initiated the accompanying use of FCC Form 2100, Schedule 336 to notify the Commission of such operations. This document is consistent with the Second Report and Order, which stated that the Commission will publish a document in the Federal Register announcing the effective date for these amended rule sections and revise the rules accordingly.

Full Text

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<title>Federal Register, Volume 90 Issue 141 (Friday, July 25, 2025)</title>
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[Federal Register Volume 90, Number 141 (Friday, July 25, 2025)]
[Rules and Regulations]
[Pages 35238-35240]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-14013]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[MB Docket Nos. 20-401, 17-105; FCC 24-121; FR ID 304894]


Program Originating FM Broadcast Booster Stations

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) announces that the Office of Management and Budget has 
approved new information collection requirements under OMB Control 
Number 3060-1334, as adopted in the Federal Communications Commission's 
Second Report and Order and Order on

[[Page 35239]]

Reconsideration, FCC 24-121 (Second Report and Order). This Second 
Report and Order established the specific processing, licensing, and 
service rules for the voluntary, limited use of FM booster stations to 
originate content on a permanent basis and initiated the accompanying 
use of FCC Form 2100, Schedule 336 to notify the Commission of such 
operations. This document is consistent with the Second Report and 
Order, which stated that the Commission will publish a document in the 
Federal Register announcing the effective date for these amended rule 
sections and revise the rules accordingly.

DATES: Amendatory instructions 5 (47 CFR 73.3526), 6 (47 CFR 73.3527), 
9 (47 CFR 74.1204), and 10 (47 CFR 74.1206), published at 89 FR 100868 
on Dec. 13, 2024, are effective July 25, 2025.

FOR FURTHER INFORMATION CONTACT: Cathy Williams, Office of the Managing 
Director, Federal Communications Commission, at (202) 418-2918 or 
<a href="/cdn-cgi/l/email-protection#cd8eacb9a5b4e39aa4a1a1a4aca0be8dabaeaee3aaa2bb"><span class="__cf_email__" data-cfemail="6e2d0f1a06174039070202070f031d2e080d0d40090118">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: This document announces that the Office of 
Management and Budget (OMB) approved the information collection 
requirements in 47 CFR 73.3526, 73.3527, 74.1204, and 74.1206, and FCC 
Form 2100, Schedule 336, on July 14, 2025. These rule sections were 
adopted in the Second Report and Order, FCC 24-121. The Commission 
publishes this document as an announcement of the effective date for 
these amended rules. If you have any comments on the burden estimates 
listed below, or how the Commission can improve the collections and 
reduce any burdens caused thereby, please contact Cathy Williams, 
<a href="/cdn-cgi/l/email-protection#672406130f1e49300e0b0b0e060a142701040449000811"><span class="__cf_email__" data-cfemail="236042574b5a0d744a4f4f4a424e50634540400d444c55">[email&#160;protected]</span></a>. Please include the OMB Control Number in your 
correspondence. The Commission will also accept your comments via email 
at <a href="/cdn-cgi/l/email-protection#42121003022421216c252d34"><span class="__cf_email__" data-cfemail="d080829190b6b3b3feb7bfa6">[email&#160;protected]</span></a>.

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the Commission is notifying the public that it received final 
OMB approval on July 14, 2025, for the information collection 
requirements contained in 47 CFR 73.3526, 73.3527, 74.1204, and 
74.1206, and FCC Form 2100, Schedule 336. Under 5 CFR part 1320, an 
agency may not conduct or sponsor a collection of information unless it 
displays a current, valid OMB Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Number for the information collection requirements in 47 CFR 
73.3526, 73.3527, 74.1204, and 74.1206, and FCC Form 2100, Schedule 
336, is 3060-1334.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Public Law 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-1334.
    Title: FM Booster Program Origination Notification; Form 2100, 
Schedule 336; 47 CFR 74.1206.
    Form Number: Form 2100, Schedule 336.
    Type of Review: New collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents and Responses: 1,260 respondents; 1,260 
responses.
    Estimated Hours per Response: 1 hour-10 hours.
    Frequency of Response: On occasion reporting requirement.
    Total Annual Burden: 1,350 hours.
    Total Annual Cost: $568,500.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection of information is contained in 
sections 154(i), 303, 310, and 553 of the Communications Act of 1934, 
as amended.
    Needs and Uses: On November 21, 2024, the Commission adopted the 
Second Report and Order and Order on Reconsideration, MB Docket Nos. 
20-401, 17-105, FCC 24-121 (Second Report and Order), which allows FM 
and low power FM (LPFM) broadcasters to use FM booster stations to 
originate program content, for up to three minutes of each hour. This 
option allows FM and LPFM broadcasters to air programming on booster 
stations different from their primary station to better meet the needs 
and interests of local listeners.
    FM boosters are low power, secondary stations that operate in the 
FM broadcast band. They must be licensed to the same broadcaster and on 
the same frequency as the primary station, and rebroadcast that primary 
station's signal within its protected contour. Until this proceeding, 
FM boosters were traditionally used only as a means to enhance weak 
signals of a primary FM station and could not originate programming. 
With advances in technology it is now possible for FM broadcasters to 
customize the content delivered to different parts of their service 
areas by using boosters to air programming different from their primary 
FM station. Since the April 2024 adoption of the First Report and Order 
in this proceeding, MB Docket Nos. 20-401, 17-105, FCC 24-35, the 
Commission has allowed the use of program originating FM boosters on a 
temporary, experimental basis. The Second Report and Order now 
establishes specific processing, licensing, and service rules and 
permanently authorizes broadcasters to originate programming on FM 
boosters without the need for an experimental authorization.
    Program Origination Notification Form. In the Second Report and 
Order, the Commission establishes that FM licensees can apply for 
boosters on a first come/first served basis. Before commencing program 
origination the licensee will file a notification (FM Booster Program 
Origination Notification) using an electronic form that will be 
available in the Media Bureau's Licensing and Management System (LMS) 
database. The notification will enable the Commission and interested 
parties to identify which FM boosters are originating programming. 
Program originating FM booster licensees will be required to file the 
notification form in LMS 15 days prior to commencing origination, and 
30 days after permanently terminating origination. Per 47 CFR 
74.1232(g), no more than 25 program originating booster stations may be 
licensed to a single full service FM broadcast station. A separate form 
is required for each FM booster station.
    To facilitate the rollout of this service, the Commission directed 
the Media Bureau to create a notification form and consistent with this 
directive, the Media Bureau created the FM Booster Program Origination 
Notification, FCC Form 2100, Schedule 336.
    In addition to the standard general contact information, the FM 
Booster Program Origination Notification, FCC Form 2100, Schedule 336 
includes the following elements:
    (1) The call sign and facility identification number of the program 
originating FM booster station;
    (2) If applicable, the date on which the program originating FM 
booster station will commence (or has terminated) originating content;
    (3) The name and telephone number of a technical representative the 
Commission or the public can contact in the event of interference;
    (4) A certification that the program originating FM booster station 
complies with all Emergency Alert System (EAS) requirements contained 
in part 11 of our rules;

[[Page 35240]]

    (5) A certification that the program originating FM booster station 
will originate programming for no more than three minutes of each 
broadcast hour; and
    (6) A certification that the program originating FM booster 
minimizes interference to the primary station through synchronization 
or terrain shielding.
    To implement this new information requirement contained in the 
Second Report and Order, the Commission added new Sec.  74.1206 to the 
rules.
    EAS-specific Notification. In response to public safety concerns 
about the potential impact on the Emergency Alert System (EAS), the 
Commission will also require primary station 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. Broadcasters must notify the appropriate 
SECC(s) at least 30 days prior to employing a program originating 
booster, or implementing a change to a booster's status. This 
requirement has been codified in new rule Sec.  74.1206. This 
information collection regarding the EAS-specific notification and 47 
CFR 74.1206 has received OMB approval.
    OPIF Public Interest Certification by Licensees of Program 
Originating FM Boosters. To ensure that program originating booster 
stations are used appropriately, the Commission adopted a public 
interest self-certification requirement. Specifically, every licensee 
of a full service FM primary station using a program originating FM 
booster station, as defined in 47 CFR 74.1201(f)(2), 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. 
This requirement has been codified in rule Sec. Sec.  73.3526(a)(3) and 
(e)(20) and 73.3527(a)(3) and (e)(16), the online public inspection 
file rule for commercial stations and noncommercial educational 
stations, respectively. This information collection regarding the OPIF 
public interest certification by licensees of program originating FM 
boosters, and the modifications to 47 CFR 73.3526 and 73.3527, has 
received OMB approval.
    Interference Regarding FM Booster Applications. In the Second 
Report and Order the Commission adopted the proposed amendment to Sec.  
74.1204(f) of the rules to provide a mechanism for complaints of 
predicted interference against a pending FM booster construction permit 
application. By amending Sec.  74.1204(f) to allow complaints of 
predicted interference against pending FM booster construction permit 
applications, we are establishing a process that will provide the 
earliest indication that a developing booster station may cause 
interference that must be resolved under Sec.  74.1203 once the booster 
station commences broadcasts. This information collection regarding the 
predicted interference complaint process at the construction permit 
application stage, and the modification to 47 CFR 74.1204(f), has 
received OMB approval.

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2025-14013 Filed 7-24-25; 8:45 am]
BILLING CODE 6712-01-P


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Indexed from Federal Register on July 25, 2025.

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