Amendment of the Commission's Rules Regarding AM Directional Antennas, 44418-44423 [E7-15373]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 72, Number 152 (Wednesday, August 8, 2007)]
[Rules and Regulations]
[Pages 44418-44423]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15373]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 03-151; FCC 07-97]


Amendment of the Commission's Rules Regarding AM Directional 
Antennas

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission issued this document in order to resolve a 
conflict between the requirements of the rules regarding what 
corrective actions an AM broadcast station licensee must take when 
experiencing difficulties in the operation of a station's AM 
directional antenna.

DATES: Effective September 7, 2007.

FOR FURTHER INFORMATION CONTACT: Karen Kosar, Karen.Kosar@fcc.gov of 
the Media Bureau, Policy Division, (202) 418-2120 or Charles Miller, 
Charles.Miller@fcc.gov of the Media Bureau, Audio Division, (202) 418-
2700.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (Order), FCC 07-97, adopted on May 22, 2007 and released on 
May 25, 2007. The full text of this document is available for public 
inspection and copying during regular business hours in the FCC 
Reference Center, Federal Communications Commission, 445 12th

[[Page 44419]]

Street, SW., CY-A257, Washington, DC, 20554. These documents will also 
be available via ECFS (https://www.fcc.gov/cgb/ecfs/). (Documents will 
be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) 
The complete text may be purchased from the Commission's copy 
contractor, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. 
To request this document in accessible formats (computer diskettes, 
large print, audio recording, and Braille), send an e-mail to 
fcc504@fcc.gov or call the Commission's Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

Paperwork Reduction Act

    This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(``PRA''), Public Law 104-13. In addition, therefore, it does not 
contain any new or modified ``information collection burdens for small 
business concerns with fewer than 25 employees,'' pursuant to the Small 
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4).

Summary of the Report and Order

I. Introduction

    1. This Report and Order (``Order'') is issued to resolve a 
conflict between the requirements of Sec. Sec.  73.62 and 73.1350(d)(2) 
of the Commission's rules regarding what corrective actions an AM 
broadcast station licensee must take when encountering certain 
difficulties in the operation of a station's AM directional antenna. 
Specifically, we consider the proposed amendments as set forth in FCC 
03-160 of the Notice of Proposed Rulemaking (``NPRM'') 68 FR 44273, 
July 28, 2003, issued in the above-captioned proceeding and the 
comments filed in response thereto; see In the Matter of Sec. Sec.  
73.62 and 73.1350 of the Commission's Rules, 18 FCC Rcd 13570 (2003) 
(``NPRM''). A list of parties filing comments and reply comments is set 
forth in Appendix A.

II. Discussion

    2. Each of the rules at issue is invoked when an AM broadcast 
station's directional antenna operating parameters and/or monitoring 
point field strengths exceed operating tolerances. The operating 
parameters of an AM directional antenna are the relative amplitudes and 
phases of the currents in the individual towers of the array. Stations 
that use directional antennas are required to have an FCC authorized 
antenna monitor to measure the operating parameters. Each AM station 
using a directional antenna must take field strength measurements at 
the monitoring point locations specified in the instrument of 
authorization, as often as necessary to ensure that fields at those 
points do not exceed the values specified in the station authorization. 
According to the Commission's current version of the rules, Sec. Sec.  
73.62 and 73.1350(d)(2) require different courses of action when an AM 
station's directional monitoring parameters exceed the required 
operating tolerances. Section 73.62 of the rules, specifically 
addressing directional antenna system tolerances, requires that 
whenever the operating parameters of a directional antenna cannot be 
maintained within the tolerances specified in the rule, an AM licensee 
has 24 hours within which to identify any excessive monitoring point 
field strengths followed by three additional hours to take corrective 
action.
    In contrast, Sec.  73.1350(d)(2) of the rules, which addresses 
transmission system operation, requires that, in the event of any 
condition of antenna parameters or monitoring points out of tolerance, 
station operation be terminated within three minutes unless power is 
reduced sufficiently to eliminate any excess radiation. The NPRM 
proposed amendments to both sections of the rules in order to resolve 
any conflict by clearly delineating situations that require 24 hour, 
three-hour and/or three-minute responses by AM licensees experiencing 
directional antenna out-of-tolerance operation. The NPRM stated that 
clarity in the Commission's rules is especially critical when the rules 
may require that broadcast operations terminate within a matter of 
minutes. Moreover, when broadcast operations cease and programming is 
disrupted, broadcast listeners, in some cases, may be deprived of 
critical information regarding hazardous weather and other emergency 
conditions. Broadcast licensees also may be faced with fines and 
forfeitures when found to be out of compliance with Commission rules. 
It is therefore essential that the rules governing licensee compliance 
be unambiguous.
    3. The NPRM tentatively concluded that Sec.  73.1350(d)(2) of the 
rules requiring termination of broadcast operation in three minutes was 
excessively stringent and was not intended to apply to instances of 
minor out-of-tolerance AM directional antenna operating parameters. It 
proposed that a requirement to terminate operation in three minutes 
should apply only to catastrophic events that are likely to cause 
significant disruption to the operation of other stations or that pose 
a threat to life or property. It also proposed that a requirement to 
terminate operation within three hours should apply to instances of 
out-of-tolerance operation that are likely to result in minor 
interference to other stations. The NPRM tentatively concluded that in 
the case of minor variances of operating parameters caused by 
environmental changes, the provision of Sec.  73.62 which allows 24 
hours to determine the existence of an out-of-tolerance condition for 
an AM directional antenna system is reasonable. The NPRM also 
tentatively concluded that the language currently included in Sec.  
73.1350(d) that specifically addresses AM directional antenna systems 
should be relocated to Sec.  73.62 because that section of the rules 
applies only to AM licensees, while Sec.  73.1350 applies equally to 
AM, FM and TV licensees.
    4. The commenters participating in this proceeding generally 
support the substantive amendments proposed by the Commission in the 
NPRM. Womble Carlyle Sandridge & Rice, PLLC (``WCSR'') state that there 
is a clear conflict between the two rules and the proposed amendments 
will provide AM licensees with unambiguous guidance regarding 
appropriate conduct involving cases of AM directional antenna out-of-
tolerance operation. The National Association of Broadcasters (``NAB'') 
states that it strongly supports the Commission's proposal that the 
three-minute rule should not apply to instances of minor-out-of-
tolerance AM directional operating parameters and that the abbreviated 
time frame should apply only when operation poses significant 
disruption to another licensee or poses a threat to life or property. 
Likewise, NAB supports the three-hour rule for operations likely to 
result in minor interference to other licensees and a 24-hour time 
period to determine minor operating variances caused by environmental 
changes.
    5. While Mullaney Engineering, Inc. (``MEI'') states that it fully 
supports the amendments proposed in the NPRM, it claims that there are 
two areas of ambiguity that remain regarding the proposals and the 
actions that AM licensees are required to take when confronted with AM 
directional out-of-tolerance conditions. First, MEI states that 
clarification is needed regarding the proposed version of Sec.  73.62 
and the language used to determine whether the three-minute or 24-hour/
three-hour time frame applies in a given situation. According to MEI, 
the issue arises when trying to determine whether the out-of-

[[Page 44420]]

tolerance condition results in operation substantially at variance from 
the authorized radiation pattern or whether the out-of-tolerance 
condition consists of only minor variations from the required 
tolerances. The proposed version of Sec.  73.62(b) states that `` [i]n 
the event of a failure of system components, improper pattern switching 
or any other event that results in operation substantially at variance 
from the radiation pattern specified in the instrument of authorization 
for the pertinent time of day, operation must be terminated within 
three minutes unless power can be reduced sufficiently to eliminate any 
excessive radiation.'' The proposed version of Sec.  73.62(c) states 
that `` [i]n the event of minor variations of directional antenna 
operating parameters from the tolerances specified in paragraph (a) of 
this section, the following procedures will apply: (1)-(4).'' MEI 
states that neither the proposed amendments nor the text of the NPRM 
provide any clear definition of what is to be considered 
``substantially at variance'' or what is meant by ``minor variations.'' 
MEI points out that the NPRM states that a requirement to terminate 
operation in three minutes should apply only to catastrophic events 
that are likely to cause significant disruption to the operation of 
other stations or that pose a threat to life or property. With regard 
to the three-hour criteria, MEI observes that the NPRM states that a 
requirement to terminate operation during this time frame should apply 
to instances of out-of-tolerance operation that are likely to result in 
interference to other stations. According to MEI, however, these 
statements in the NPRM do not provide any objective basis for making 
the requisite distinctions as to whether the out-of-tolerance condition 
would be substantial or minor. MEI maintains that it is imperative that 
these phrases be defined because the former triggers the three-minute 
requirement, while the latter would only invoke the 24-hour/three-hour 
rule. Without further guidance from the Commission, MEI asserts that it 
is left to broadcast licensees to determine whether an incident is to 
be considered substantial or minor, which may leave licensees open to 
fines or forfeitures if their judgment differs from that of a 
Commission field inspector.
    6. MEI suggests that a possible solution might be to set a multiple 
of the tolerances (offering three to five times as an example), which 
if exceeded, would trigger the three minute time frame for responding 
to out-of-tolerance conditions. MEI also proposes that rather than 
requiring a complete termination of operation in response to a 
substantial variation in tolerances, an alternative response might be 
to require reduction of power to 25 percent of the authorized value, 
pending a check of the monitor point field strengths within a 24-hour 
period. MEI notes that this course of action would only be appropriate 
if there were no complaints of interference. MEI asserts that the 
Commission routinely grants short-term operation under Special 
Temporary Authority (``STA'') at 25 percent of authorized power, absent 
interference complaints, without regard to whether or not this 
maintains the radiated field strength within authorized limits in any 
given azimuth. According to MEI, especially if large excursions from 
authorized parameters are the result of extremes in environmental 
conditions, the public interest is better served by maintaining some 
level of on-air capability rather than requiring the affected station 
to completely shut down.
    7. MEI further asserts that a second area in which ambiguity exists 
is when the out-of-tolerance condition of directional antenna operation 
parameters is relatively short lived, i.e., only a few hours or less. 
MEI argues that it is possible in such a case that the antenna 
operating parameters may return to within tolerance before the 
monitoring point field strengths can be checked. MEI requests further 
guidance in this area because checking monitoring point readings under 
such conditions may be a waste of time because engineers would be 
checking those readings for antenna parameters that are within required 
limits and would not be checking the original out-of-tolerance state.
    8. The purpose of Sec. Sec.  73.62 and 73.1350 of the Commission's 
rules is to instruct AM broadcast licensees employing directional 
antennas as to what corrective action to take when monitoring 
parameters exceed required operating tolerances and in what amount of 
time that action must be taken. Section 73.62 of the rules is narrowly 
aimed at directional system tolerances and requires that action must be 
taken when directional operating parameters exceed the +/-5 percent 
current and +/-3 degree phase tolerances required by the rules, or when 
any monitoring point field strength exceeds the value specified on the 
station license. Section 73.1350 of the rules regarding transmission 
system operation is more general in its coverage and can affect FM and 
TV licensees, as well as AM licensees. Section 73.62 provides a more 
liberal amount of time to determine and address issues specific to AM 
directional antennas (27 hours), as compared to Sec.  73.1350 (three 
minutes).
    9. We believe that the adoption of the proposed substantive 
amendments to Sec. Sec.  73.62 and 73.1350 of the Commission's rules 
has been supported by the record in this proceeding. We agree with MEI 
that it is necessary to delineate the difference between minor 
variations of operating parameters and operation substantially at 
variance from the license. We believe that the proposal offered by MEI 
on this issue has merit and we adopt the following definition to be 
added to Sec.  73.62 of the rules: Any variation of operating 
parameters by more than +/-15 percent sample current ratio or +/-10 
degrees in phase, any monitor point that exceeds 125 percent of the 
licensed limit, or any operation at variance from the license that 
results in complaints of interference shall be considered operation 
substantially at variance from the license and will require immediate 
corrective action, i.e., action within the three minute time frame for 
responding to substantially variant out-of-tolerance conditions, or 
within three minutes of a bona fide complaint if the variation does not 
exceed the foregoing limits. In the absence of interference complaints, 
lesser variances shall be considered minor variations in operating 
parameters subject to the corrective actions called for in Sec.  73.62 
of the Commission's rules.
    10. The Commission's rules already provide for reduction of 
operating power to eliminate excessive radiation. In addition, Sec.  
73.1680 provides that if AM directional antenna systems become damaged 
and can no longer operate properly, prior Commission approval is not 
required for licensees to commence operation with an emergency 
nondirectional antenna and power reduced to 25 percent or less of the 
nominal licensed power, or a higher power, not exceeding licensed 
power, while ensuring that the radiated field strength does not exceed 
that authorized in any given azimuth. Licensees, however, must file a 
request for special temporary authority within 24 hours following 
commencement of emergency antenna operation. Because the current rules 
adequately provide for reduced power and emergency antenna operation, 
we find no need for any rule changes in this regard. With regard to 
MEI's concern about ``short-lived'' variances, it is impossible to 
predict in advance that a given out-of-tolerance condition will restore 
itself without the need for corrective action. Therefore, we are not 
persuaded that checking

[[Page 44421]]

monitoring point readings necessarily will be a waste of time in these 
circumstances and decline to respond to MEI's request for further 
guidance on this matter.
    11. We believe that our actions in this proceeding will result in 
clearer and more easily understandable rules that will assist AM 
broadcast licensees employing directional antennas to implement 
corrective action in the appropriate time frame when monitoring 
parameters exceed required operating tolerances during the operation of 
their stations. The clarification of these ambiguities will assist 
broadcast licenses in avoiding unnecessary termination of operation of 
their stations and provide the necessary guidance to maintain 
compliance with our rules.

III. Procedural Matters

    12. Final Regulatory Flexibility Act. As required by the Regulatory 
Flexibility Act (``RFA''), an Initial Regulatory Flexibility Analysis 
(``IRFA'') was incorporated into the NPRM. The Commission sought 
written public comment on the possible significant economic impact of 
the proposed policies and rules on small entities in the NPRM, 
including comments on the IFRA. Pursuant to the RFA, a Final 
Flexibility Analysis is contained in Appendix C.
    13. Paperwork Reduction Act Analysis. This document does not 
contain new or modified information collection requirements subject to 
the Paperwork Reduction Act of 1995 (``PRA''), Public Law 104-13. In 
addition, therefore, it does not contain any new or modified 
``information collection burdens for small business concerns with fewer 
than 25 employees,'' pursuant to the Small Business Paperwork Relief 
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
    14. Congressional Review Act. The Commission will send a copy of 
this Report and Order in a report to be sent to Congress and the 
General Accounting Office pursuant to the Congressional Review Act, see 
5 U.S.C. 801(a)(1)(A).

IV. Final Regulatory Flexibility Act Analysis

    15. As required by the Regulatory Flexibility Act of 1980, as 
amended, (``RFA''), an Initial Regulatory Flexibility Analysis 
(``IRFA'') was incorporated in the Notice of Proposed Rulemaking in MB 
Docket No. 03-151 (hereinafter referred to as the NPRM). The Commission 
sought written comment on the proposal in the NPRM, including comment 
on the IRFA. The comments received are discussed below. This present 
Final Regulatory Flexibility Analysis (``FRFA'') conforms to the RFA.

A. Need for, and Objectives, of the Report and Order

    16. The Report and Order was issued to resolve a conflict between 
Sec. Sec.  73.62 and 73.1350(d)(2) of the Commission's rules. Both 
rules are invoked when an AM broadcast station's directional operating 
parameters and/or monitoring point field strengths exceed the required 
operating tolerances. It was considered important to resolve the 
conflict in our rules because these rules affect termination of 
broadcast operations, which may deprive listeners of necessary 
information regarding hazardous or other emergency conditions. 
Moreover, if broadcasters are found not to be in compliance with these 
rules, they may face fines or have forfeiture action instituted against 
them.
    17. The Report and Order adopts the substantive amendments proposed 
by the Commission in the Notice. It was determined that Sec.  
73.1350(d)(2) of the rules requiring termination of broadcast operation 
in three minutes was too stringent to apply to instances of minor out-
of-tolerance AM directional operating parameters. As such, it was 
determined that a requirement to terminate operation in three minutes 
should apply only to catastrophic events likely to cause significant 
disruption to the operation of other stations or that pose a threat to 
life or property. In addition, it was determined that a requirement to 
terminate operation within three hours should apply to instances of 
out-of-tolerance operation that are likely to result in minor 
interference to other stations. Moreover, in the case of minor 
variances of operating power caused by environmental changes, it was 
determined that the 24 hour time period provided for in Sec.  73.62 of 
the rules was a reasonable period of time in order to determine the 
existence of the out-of-tolerance condition. The Report and Order also 
clarified the rules to delineate the difference between minor 
variations of operating parameters and operation substantially at 
variance from the broadcast license. The Commission found that the 
rules at issue need not be amended regarding the reduction of power as 
an alternative to termination of operation or with regard to emergency 
antenna operation because the current rules adequately address these 
matters.

B. Summary of Significant Issues Raised by Public Comments in Response 
to the IRFA

    18. There were no comments filed on the IRFA.

C. Description and Estimate of the Number of Small Entities to Which 
Rules Will Apply

    19. The RFA directs 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 generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. 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).
    20. The amendments to Sec. Sec.  73.1350 and 73.62 will primarily 
apply to certain AM directional radio broadcasting licensees and 
potential licensees. The amendments to Sec.  73.1350 would also affect 
FM broadcast stations in the event that any FM broadcast station 
operates in a manner that poses a threat to life or property or in a 
manner that is likely to cause significant disruption to the operation 
of other stations. The SBA defines a radio broadcast entity that has 
$6.5 million or less in annual receipts as a small business. Business 
concerns included in this industry are those ``primarily engaged in 
broadcasting aural programs by radio to the public.'' According to 
Commission staff review of the BIA Publications, Inc., Master Access 
Radio Analyzer Database, as of May 16, 2003, about 10,427 of the 10,945 
commercial radio stations in the United States have revenues of $6 
million or less. We note, however, that many radio stations are 
affiliated with much larger corporations with much higher revenue, and 
that in assessing whether a business concern qualifies as small under 
the above definition, such business (control) affiliations (``Concerns 
are affiliates of each other when one concern controls or has the power 
to control the other, or a third party or parties controls or has the 
power to control both.'' 13 CFR 121.103(a)(1)) are included. ``SBA 
counts the receipts or employees of the concern whose size is at issue 
and those of all its domestic and foreign affiliates, regardless of 
whether the affiliates are

[[Page 44422]]

organized for profit, in determining the concern's size.'' 13 CFR 
121(a)(4). Our estimate, therefore likely overstates the number of 
small businesses that might be affected by the rules because the 
revenue figure on which it is based does not include or aggregate 
revenues from affiliated companies.
    21. The amendments to Sec.  73.1350 would also affect television 
stations in the event that any television station operates in a manner 
that poses a threat to life or property or is likely to significantly 
disrupt the operation of other stations. The SBA defines a television 
broadcasting station that has no more than $13 million in annual 
receipts as a small business. Business concerns included in this 
industry are those ``primarily engaged in broadcasting images together 
with sound.'' This category description continues, ``These 
establishments operate television broadcasting studios and facilities 
for the programming and transmission of programs to the public. These 
establishments also produce or transmit visual programming to 
affiliated broadcast television stations, which in turn broadcast the 
programs to the public on a predetermined schedule. Programming may 
originate in their own studios, from an affiliated network, or from 
external sources.'' Separate census categories pertain to businesses 
primarily engaged in producing programming. See id. at 502-05, NAICS 
code 51210. Motion Picture and Video Production: code 512120, Motion 
Picture and Video Distribution, code 512191, Teleproduction and Other 
Post-Production Services, and code 512199, Other Motion Picture and 
Video Industries. According to Commission staff review of the BIA 
Publications, Inc. Master Access Television Analyzer Database as of May 
16, 2003, about 814 of the 1,220 commercial television stations in the 
United States have revenues of $12 million or less. We note, however, 
that in assessing whether a business concern qualifies as small under 
the above definition, business (control) affiliations must be included. 
Our estimates, therefore, likely overstate the number of small entities 
that might be affected by the rules because the revenue figure on which 
it is based does not include or aggregate revenues from affiliated 
companies.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    22. The rule changes will not impose any additional reporting or 
recordkeeping requirements.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    23. 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: (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.
    24. The Report and Order has been issued to remedy a conflict in 
the Commission's rules that affect AM broadcast stations that employ 
directional antennas. Amendment of the rules also affects FM and 
television broadcast services. As we stated in the Notice of Proposed 
Rulemaking, no alternatives to our proposal were mentioned because we 
did not anticipate a differential impact on smaller entities. While we 
welcomed comment on modifications of our proposals if based on evidence 
of potential differential impact, we received no comments on the IRFA.
    25. Report to Congress. The Commission will send a copy of the 
Report and Order, including this FRFA, in a report to be sent to 
Congress pursuant to the Congressional Review Act. In addition, the 
Commission will send a copy of the Report and Order, including this 
FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the 
Report and Order and FRFA (or summaries thereof) will also be published 
in the Federal Register.

V. Ordering Clauses

    26. Accordingly, it is ordered that, pursuant to authority found in 
sections 1, 4(i) and (j), 301, 303 and 403 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(i) and (j), 301, 303, and 403, the 
Commission's rules are hereby amended as set forth in Appendix B.
    27. It is ordered that the rules adopted herein will become 
effective thirty days after publication in the Federal Register.
    28. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Report and Order, including the Final Regulatory 
Flexibility Analysis, to the Chief Counsel of the Small Business 
Administration.

List of Subjects in 47 CFR Part 73

    Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR part 73 as follows:

PART 73-RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, and 336.

0
2. Section 73.62 is revised to read as follows:


Sec.  73.62  Directional antenna system operation and tolerances.

    (a) Each AM station operating a directional antenna must maintain 
the relative amplitudes of the antenna currents, as indicated by the 
antenna monitor, within 5% of the values specified on the instrument of 
authorization. Directional antenna relative phases must be maintained 
within 3 degrees of the values specified on the instrument of 
authorization.
    (b) In the event of a failure of system components, improper 
pattern switching or any other event that results in operation 
substantially at variance from the radiation pattern specified in the 
instrument of authorization for the pertinent time of day, operation 
must be terminated within three minutes unless power can be reduced 
sufficiently to eliminate any excessive radiation. See Sec.  
73.1350(e).
    (1) Any variation of operating parameters by more than 15 percent sample current ratio or 10 degrees in 
phase, any monitor point that exceeds 125 percent of the licensed 
limit, or any operation at variance that results in complaints of 
interference shall be considered operation substantially at variance 
from the license and will require immediate corrective action.
(2) [Reserved]
    (c) In the event of minor variations of directional antenna 
operating parameters from the tolerances specified in paragraph (a) of 
this section, the following procedures will apply:
    (1) The licensee shall measure and log every monitoring point at 
least once for each mode of directional operation. Subsequent 
variations in operating

[[Page 44423]]

parameters will require the remeasuring and logging of every monitoring 
point to assure that the authorized monitoring point limits are not 
being exceeded. The licensee will be permitted 24 hours to accomplish 
these actions; provided that, the date and time of the failure to 
maintain proper operating parameters have been recorded in the station 
log.
    (2) Provided each monitoring point is within its specified limit, 
operation may continue for a period up to 30 days before a request for 
Special Temporary Authority (STA) must be filed, pursuant to paragraph 
(c)(4) of this section, to operate with parameters at variance from the 
provisions of paragraph (a) of this section.
    (3) If any monitoring point exceeds its specified limit, the 
licensee must either terminate operation within three hours or reduce 
power in accordance with the applicable provisions of Sec.  73.1350(d), 
in order to eliminate any possibility of interference or excessive 
radiation in any direction.
    (4) If operation pursuant to paragraph (c)(3) of this section is 
necessary, or before the 30-day period specified in paragraph (c)(2) of 
this Sec.  expires, the licensee must request a Special Temporary 
Authority (STA) in accordance with section 73.1635 to continue 
operation with parameters at variance and/or with reduced power along 
with a statement certifying that all monitoring points will be 
continuously maintained within their specified limits.
    (d) In any other situation in which it might reasonably be 
anticipated that the operating parameters might vary out of tolerance 
(such as planned array repairs or adjustment and proofing procedures), 
the licensee shall, before such activity is undertaken, obtain a 
Special Temporary Authority (STA) in accordance with Sec.  73.1635 in 
order to operate with parameters at variance and/or with reduced power 
as required to maintain all monitoring points within their specified 
limits.

0
3. Section 73.1350 is amended by revising paragraphs (b)(2) and (d), 
redesignate paragraph (e) through (h) as paragraphs (f) through (i), 
and by adding a new paragraph (e) to read as follows:


Sec.  73.1350  Transmission system operation.

* * * * *
    (b) * * *
    (2) The transmitter control personnel must have the capability to 
turn the transmitter off at all times. If the personnel are at a remote 
location, the control system must provide this capability continuously 
or must include an alternate method of acquiring control that can 
satisfy the requirement of paragraph (e) of this section that operation 
be terminated within three minutes.
* * * * *
    (d) In the event that a broadcast station is operating in a manner 
that is not in compliance with the applicable technical rules set forth 
elsewhere in this part or the terms of the station authorization, and 
the condition is not listed in paragraph (e) or (f) of this section, 
broadcast operation must be terminated within three hours unless 
antenna input power is reduced sufficiently to eliminate any excess 
radiation. Examples of conditions that require termination of operation 
within three hours include excessive power, excessive modulation or the 
emission of spurious signals that do not result in harmful 
interference.
    (e) If a broadcast station is operating in a manner that poses a 
threat to life or property or that is likely to significantly disrupt 
the operation of other stations, immediate corrective action is 
required. In such cases, operation must be terminated within three 
minutes unless antenna input power is reduced sufficiently to eliminate 
any excess radiation. Examples of conditions that require immediate 
corrective action include the emission of spurious signals that cause 
harmful interference, any mode of operation not specified by the 
station license for the pertinent time of day, or operation 
substantially at variance from the authorized radiation pattern.
* * * * *

 [FR Doc. E7-15373 Filed 8-7-07; 8:45 am]
BILLING CODE 6712-01-P