Federal Register, Volume 82 Issue 45 (Thursday, March 9, 2017)
[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Rules and Regulations]
[Pages 13069-13072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04252]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 74
[MB Docket No. 13-249; FCC 17-14]
Revitalization of the AM Radio Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document amends the Commission's rule setting forth the
allowable location of an FM translator station rebroadcasting the
signal of an AM broadcast station. It changes the rule so that an AM
broadcaster has a greater area in which an FM translator rebroadcasting
the AM signal may be located, giving AM broadcasters greater
flexibility in reaching their listeners. The change is necessary to
accommodate AM radio stations located far from their communities of
license, or those with highly directional signal patterns.
DATES: This rule is effective April 10, 2017. The effective date is
delayed indefinitely pending Office of Management and Budget (OMB)
approval of a non-substantive change to the rule as originally
proposed. The Commission will publish a document in the Federal
Register announcing the effective date.
FOR FURTHER INFORMATION CONTACT: Peter Doyle, Chief, Media Bureau,
Audio Division, (202) 418-2700 or Peter.Doyle@fcc.gov; Thomas
Nessinger, Senior Counsel, Media Bureau, Audio Division, (202) 418-2700
or Thomas.Nessinger@fcc.gov.
For additional information concerning the Paperwork Reduction Act
information collection requirements contained in this document, contact
Cathy Williams at 202-418-2918, or via the Internet at
Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report and Order (Second R&O), FCC 17-14, adopted February 23, 2017,
and released February 24, 2017. The full text of this document is
available for public inspection and copying during regular business
hours in the FCC Reference Center, 445 Twelfth Street SW., Room CY-
A257, Portals II, Washington, DC 20554. To request materials in
accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an email to fcc504@fcc.gov or
call the Consumer and Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (TTY).
Paperwork Reduction Act of 1995 Analysis
This Second R&O adopts new or revised information collection
requirements, subject to the Paperwork Reduction Act of 1995 (PRA)
(Pub. L. 104-13, 109 Stat 163 (1995) (codified in 44 U.S.C. 3501-
3520)). The Office of Management and Budget (OMB) preapproved the
information collection requirements, as set forth in the Further Notice
of Proposed Rulemaking (FNPRM) in this proceeding, 81 FR 2818, January
19, 2016, as follows: FCC Form 345, under OMB control number 3060-0075,
on March 17, 2016; and FCC Form 349, under OMB control number 3060-
0405, on March 21, 2016. The Commission will receive OMB's final
approval for the information collection requirements by submitting a
non-substantive change submission to OMB for review under section
3507(d) of the PRA (44 U.S.C. 3507(d)).
In addition, we note that pursuant to the Small Business Paperwork
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we
previously sought specific comment on how the Commission might
``further reduce the information collection burden for small
[[Page 13070]]
business concerns with fewer than 25 employees.''
Synopsis
1. In the FNPRM, the Commission proposed to relax the current rule
setting forth where an FM fill-in translator rebroadcasting an AM
broadcast station may be sited (47 CFR 74.1201(g)). Having recently
granted over 1,000 applications to acquire and relocate FM translators
to rebroadcast AM stations, the Commission found it desirable to act on
the translator siting proposal expeditiously, to provide the recent
translator modification applicants maximum flexibility in providing
service to their communities and nearby areas.
2. Section 74.1201(g) currently requires that an FM translator
rebroadcasting an AM station must be located such that the 60 dB[micro]
contour of the FM translator station is contained within the lesser of
(a) the 2 millivolts per meter (mV/m) daytime contour of the AM
station, or (b) a 25-mile radius centered at the AM transmitter site.
Many commenters, responding to the Notice of Proposed Rule Making in
this proceeding (28 FCC Rcd 15221 (2013)), suggested that this standard
is too restrictive and should be changed to provide that the coverage
contour of an FM translator rebroadcasting an AM station as its primary
station must be contained within the greater of the 2 mV/m daytime
contour or a 25-mile radius. After considering these comments, the
Commission proposed in the FNPRM to amend 47 CFR 74.1201(g), changing
the standard to the greater of the 2 mV/m daytime contour or a 25-mile
radius centered at the AM transmitter site, but with the limitation
that the translator's 1 mV/m coverage contour may not extend beyond a
40-mile (64 km) radius centered at the AM transmitter site.
3. Commenters overwhelmingly supported a relaxation of the current
FM translator siting rule. Some favored increasing the 40-mile limit,
with others proposing to eliminate the 40-mile limit altogether. Most
commenters opposing the 40-mile limit pointed to instances in which
substantial covered populations lie within an AM station's 2 mV/m
daytime contour but more than 40 miles from the station's transmitter.
4. Having read and considered the comments addressing this
proposal, most of which supported the proposal or slight variations
from it, the Commission adopted the proposal set forth in the FNPRM,
but eliminated the 40-mile limitation on translator siting from the
rule change as adopted. The rule change as modified was deemed to be
consistent with the Commission's objective, articulated in the FNPRM,
to provide flexibility to an AM station using a cross-service
translator to serve its core market while not extending its signal
beyond the station's core service area. The Commission also reiterated
a desire to provide applicants who participated in the Commission-
ordered 2016 translator modification windows with maximum flexibility
in providing service to their authorized communities and nearby areas,
and accordingly announced that such applicants may apply to further
move their cross-service FM translators already relocated pursuant to
the 2016 modification windows, as a minor modification application, as
long as the proposed further modification complies with both the
amended 47 CFR 74.1201(g) adopted in the Second R&O and with the 250-
mile limitation imposed in the FNPRM (30 FCC Rcd at 12152, para. 15).
The Commission also reiterated the statement in the FNPRM, that a
waiver of an Auction 83 FM translator construction deadline is
presumptively in the public interest for applicants participating in
one of the 2016 modification windows, provided that the AM station
licensee proposing to use the FM translator for rebroadcasting its AM
station commits to prompt FM translator station construction and
initiation of broadcast operations (30 FCC Rcd at 12152 n. 36). In the
interest of prompt station construction and initiation of service, the
Commission limited any extensions of construction deadlines to not more
than six months after the effective date of this Second R&O.
5. The Commission therefore amended 47 CFR 74.1201(g) to provide
that an FM translator rebroadcasting an AM broadcast station must be
located such that the 60 dB[micro] contour of the FM translator station
must be contained within the greater of either (a) the 2 mV/m daytime
contour of the AM station, or (b) a 25-mile radius centered at the AM
station's transmitter site.
Final Regulatory Flexibility Analysis
6. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA) (5 U.S.C. 603), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the FNPRM (30 FCC Rcd 12145, 12202-
05 (2015)). The Commission sought written public comment on the
proposals in the FNPRM, including comment on the IRFA. The Commission
received no comments on the IRFA. This Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA (see 5 U.S.C. 604).
Need for, and Objectives of, the First Report and Order
7. This Second R&O adopts a change to the rule setting forth where
an FM translator station rebroadcasting an AM broadcast station may be
located. Specifically, in the Second R&O the Commission changes the
current rule, which requires that an FM translator rebroadcasting an AM
station be located such that the 60 dB[micro] contour of the FM
translator station must be contained within the lesser of (a) the 2
millivolts per meter (mV/m) daytime contour of the AM station, or (b) a
25-mile radius centered at the AM transmitter site. The rule change
specifies that an FM translator rebroadcasting an AM station may be
located such that the 60 dB[micro] contour of the translator must be
contained within the greater of the AM station's 2 mV/m daytime contour
or a 25-mile radius of the AM transmitter site. This rule change was
proposed, in a slightly different form, in the FNPRM, based on comments
submitted during the initial round of commenting in this proceeding.
The Commission determined that, because it had completed two filing
windows allowing the relocation of FM translator stations to
rebroadcast AM stations, immediate adoption of this rule change would
benefit those station licensees and permittees when determining where
to site the relocated FM translators.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
8. There were no comments to the IRFA filed.
Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
9. 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
rule in this proceeding.
Description and Estimate of the Number of Small Entities To Which the
Rules Apply
10. The RFA directs the Commission to provide a description of and,
where feasible, an estimate of the number of small entities that will
be affected by the rules adopted herein. 5 U.S.C. 603(b)(3). The RFA
generally defines the term ``small entity'' as having the same
[[Page 13071]]
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 Small Business
Administration (SBA). 15 U.S.C. 632.
11. The subject rules and policies potentially will apply to all AM
radio broadcasting licensees and potential licensees, as well as
licensees and potential licensees of FM translator stations that
rebroadcast an AM radio broadcasting station as its primary station. A
radio broadcasting station is an establishment primarily engaged in
broadcasting aural programs by radio to the public. Included in this
industry are commercial, religious, educational, and other radio
stations. Radio broadcasting stations which primarily are engaged in
radio broadcasting and which produce radio program materials are
similarly included. However, radio stations that are separate
establishments and are primarily engaged in producing radio program
material are classified under another NAICS number. The SBA has
established a small business size standard for this category, which is:
Firms having $38.5 million or less in annual receipts. 13 CFR 121.201,
NAICS code 515112 (updated for inflation in 2008). According to the
BIA/Kelsey, MEDIA Access Pro Database on December 21, 2016, 4,661
(99.94%) of 4,664 a.m. radio stations have revenue of $38.5 million or
less. Therefore, the majority of such entities are small entities. 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.
12. The proposed policies could affect licensees of FM translator
stations, as well as potential licensees in this radio service. The
same SBA definition that applies to radio broadcast licensees would
apply to these stations. The SBA defines a radio broadcast station as a
small business if such station has no more than $38.5 million in annual
receipts. Currently, there are approximately 6,962 licensed FM
translator and booster stations. In addition, there are approximately
225 applicants with pending applications filed in the 2003 translator
filing window. Given the nature of these services, we will presume that
all of these licensees and applicants qualify as small entities under
the SBA definition.
Description of Projected Reporting, Record Keeping and Other Compliance
Requirements
13. As described, the rule change will not result in substantial
increases in burdens on applicants, and in fact may decrease burdens on
many applicants by providing additional flexibility in FM translator
siting. The rule change adopted in the Second R&O is substantive and
does not involve application changes, reporting requirements, or record
keeping requirements beyond what is already required.
Steps Taken To Minimize Significant Impact of Small Entities, and
Significant Alternatives Considered
14. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities. 5 U.S.C. 603(c)(1)-(c)(4).
15. The vast majority of commenters on the FNPRM proposal adopted
in the Second R&O supported the proposal. Some suggested variations on
the rule change as proposed; many in particular suggested the
Commission relax or eliminate the proposed absolute limitation on
placing an FM translator rebroadcasting an AM station so that its 1 mV/
m contour would not extend farther than 40 miles from the AM station's
transmitter site. Based on these comments, the Commission declined to
adopt the absolute 40-mile limitation, thus providing applicants with
greater flexibility in locating FM translators rebroadcasting AM
stations, and further minimizing the impact on small entities.
Additionally, the Commission stated that it will treat applications to
relocate FM translators, modified during the 2016 modification windows
for cross-service translators, as minor modification applications as
long as they comply with the Second R&O and the 250-mile limit set
forth in the FNPRM in this proceeding. The Commission also reiterated
its position, taken in the FNPRM, that a waiver of an Auction 83 FM
translator construction deadline is presumptively in the public
interest for applicants participating in one of the 2016 modification
windows, provided that the AM station licensee proposing to use the FM
translator for rebroadcasting its AM station commits to prompt FM
translator station construction and initiation of broadcast operations.
An FM translator acquired to rebroadcast an AM station signal may thus
apply to extend its construction permit expiration date up to six
months from the effective date of the Second R&O. These actions enable
participants in the 2016 modification windows for cross-service
translators, which as noted above are small entities, to avail
themselves of the benefits of the relaxed translator siting rule.
16. Report to Congress. The Commission will send a copy of the
Second R&O, including this FRFA, in a report to Congress and the
Government Accountability Office pursuant to the Small Business
Regulatory Enforcement Fairness Act of 1996. 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 Small Business
Administration. A copy of the Second R&O and FRFA (or summaries
thereof) will also be published in the Federal Register. See 5 U.S.C.
604(b).
Ordering Clauses
17. Accordingly, it is ordered that, pursuant to the authority
contained in sections 1, 2, 4(i), 303, and 307 of the Communications
Act of 1934, 47 U.S.C. 151, 152, 154(i), 303, and 307, this Second
Report and Order is adopted.
18. It is further ordered that, pursuant to the authority found in
sections 1, 2, 4(i), 303, and 307 of the Communications Act of 1934, 47
U.S.C. 151, 152, 154(i), 303, and 307, the Commission's rules are
hereby amended as set forth in Appendix A to the Second Report and
Order.
19. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Second Report and Order, including the Final Regulatory
Flexibility Act Analysis, to the Chief Counsel for Advocacy of the
Small Business Administration.
20. It is further ordered that the Commission shall send a copy of
this Second Report and Order in a report to be sent to Congress and the
Government
[[Page 13072]]
Accountability Office pursuant to the Congressional Review Act, see 5
U.S.C. 801(a)(1)(A).
21. It is further ordered that the rule change adopted herein,
which contains new or modified information collection requirements that
require approval by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act (PRA), will become effective after the
Commission publishes a notice in the Federal Register announcing such
approval and the relevant effective date.
List of Subjects in 47 CFR Part 74
Communications equipment, Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rule
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 74 as follows:
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
1. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 336 and 554.
0
2. Section 74.1201 is amended by revising the last two sentences of
paragraph (g) to read as follows:
Sec. 74.1201 Definitions.
* * * * *
(g) * * * The coverage contour of an FM translator rebroadcasting
an AM radio broadcast station as its primary station must be contained
within the greater of either the 2 mV/m daytime contour of the AM
station or a 25-mile (40 km) radius centered at the AM transmitter
site. The protected contour for an FM translator station is its
predicted 1 mV/m contour.
* * * * *
[FR Doc. 2017-04252 Filed 3-8-17; 8:45 am]
BILLING CODE 6712-01-P
