Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Radio Broadcast Service, 45712-45716 [07-3958]

Download as PDF 45712 Federal Register / Vol. 72, No. 157 / Wednesday, August 15, 2007 / Proposed Rules risks such that the analysis required under section 5–501 of the Executive Order has the potential to influence the regulation. This proposed rule is not subject to Executive Order 13045 because it would approve a state rule implementing a Federal standard. Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on environmental justice. Because this proposed rule merely approves a state rule implementing a Federal standard, EPA lacks the discretionary authority to modify today’s regulatory decision on the basis of environmental justice considerations. In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (1 5 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides. 40 CFR Part 97 Environmental protection, Air pollution control, Administrative practice and procedure, Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements. ebenthall on PRODPC61 with PROPOSALS Authority: 42 U.S.C. 7401 et seq. Dated: August 7, 2007. Richard E. Greene, Regional Administrator, EPA Region 6. [FR Doc. E7–16044 Filed 8–14–07; 8:45 am] BILLING CODE 6560–50–P VerDate Aug<31>2005 14:58 Aug 14, 2007 Jkt 211001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [FRL–8455–4] Arkansas: Final Authorization of State Hazardous Waste Management Program Revisions Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: SUMMARY: The State of Arkansas has applied to EPA for Final Authorization of changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). EPA proposes to grant Final Authorization to the State of Arkansas. In the ‘‘Rules and Regulations’’ section of this Federal Register, EPA is authorizing the changes by an immediate final rule. EPA did not make a proposal prior to the immediate final rule because we believe this action is not controversial and do not expect comments that oppose it. We have explained the reasons for this authorization in the preamble to the immediate final rule. Unless we get written comments which oppose this authorization during the comment period, the immediate final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we receive comments that oppose this action, we will withdraw the immediate final rule and it will not take effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time. DATES: Send your written comments by September 14, 2007. ADDRESSES: Send written comments to Alima Patterson, Region 6, Regional Authorization Coordinator (6PD–O), Multimedia Planning and Permitting Division, at the address shown below. You can examine copies of the materials submitted by the State of Arkansas during normal business hours at the following locations: EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202– 2733, phone number (214) 665–8533; Arkansas Department of Environmental Quality 8101 Interstate 30, Little Rock, Arkansas 72219–8913, (501) 682–0876. Comments may also be submitted electronically or through hand delivery/ courier; please follow the detailed instructions in the ADDRESSES section of the immediate final rule which is located in the Rules section of this Federal Register. PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 FOR FURTHER INFORMATION CONTACT: Alima Patterson (214) 665–8533. SUPPLEMENTARY INFORMATION: For additional information, please see the immediate final rule published in the ‘‘Rules and Regulations’’ section of this Federal Register. Dated: July 25, 2007. Lawrence E. Starfield, Acting Regional Administrator, Region 6. [FR Doc. E7–16012 Filed 8–14–07; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MM Docket No. 99–325; FCC 07–33] Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Radio Broadcast Service Federal Communications Commission. ACTION: Proposed rule. AGENCY: SUMMARY: In this document, the Commission proposes rules to address issues that were left unresolved in the Commission’s Second Report and Order, FCC 07–33. Specifically, the Commission seeks comment on how to ensure that the amount of subscriptionbased radio service is limited, whether the Commission can and should impose spectrum fees on portions of the digital bandwidth used by broadcasters to provide subscription services, whether statutory requirements and subscription regulations should apply to subscription-based services, whether any new public interest requirements should be imposed on digital audio broadcasters, whether enhanced public disclosure rules should apply to radio stations, and whether the rules regarding unattended stations should be reviewed and modified. DATES: Comments for this proceeding are due on or before October 15, 2007; reply comments are due on or before November 13, 2007. ADDRESSES: You may submit comments, identified by MM Docket No. 99–325, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Federal Communications Commission’s Web site: https:// www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments. • People With Disabilities: Contact the FCC to request reasonable accommodations (accessible format E:\FR\FM\15AUP1.SGM 15AUP1 Federal Register / Vol. 72, No. 157 / Wednesday, August 15, 2007 / Proposed Rules ebenthall on PRODPC61 with PROPOSALS documents, sign language interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202–418–0530 or TTY: 202– 418–0432. For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For additional information on this proceeding, contact Ann Gallagher, Ann.Gallagher@fcc.gov of the Media Bureau, Audio Division, (202) 418– 2716, or Brendan Murray, Brendan.Murray@fcc.gov of the Media Bureau, Policy Division, (202) 418– 2120. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Second Report and Order, First Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, FCC 07–33, adopted on March 22, 2007, and released on May 31, 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 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). Initial Paperwork Reduction Act of 1995 Analysis This document does not contain proposed information collection(s) 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 burden 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 Notice of Proposed Rulemaking 1. Preserving the existing system of free over-the-air terrestrial radio service VerDate Aug<31>2005 14:58 Aug 14, 2007 Jkt 211001 as radio stations convert to digital broadcasting remains important. In order to accomplish this goal, we seek comment on how to ensure that the amount of subscription-based radio services is limited. For example, should we implement a requirement which states that no more than 20 to 25 percent of a station’s digital capacity be devoted to subscription services? In the digital television context, we have not imposed a specific cap on the amount of subscription services that could be offered. Rather, we have permitted television stations to use their digital capacity for any purpose as long as they transmit at least one over-the-air video program signal at no direct charge to viewers. This estimate is based on current analog FM SCA usage and the scalability of the digital stream in 1 kbps or smaller increments. How should any limitation on digital subscription services be specified—in terms of occupied bandwidth, or in terms of total digital capacity? Would limiting digital subscription services to 20 to 25 percent be sufficient to ensure that the free overthe-air radio service is not compromised? Should there be different rules for NCE radio stations? What kinds of subscription services do radio stations, both NCE and commercial, plan to offer once they commence digital broadcasting? For example, iBiquity states that it will continue to develop new applications for DAB including store and replay, on-demand services, and a ‘‘buy button.’’ iBiquity has not made it clear whether these services would be offered on a subscription basis. Would any subscription services be broadcast services? With regard to DTV, Congress explicitly authorized the Commission to permit digital television stations to offer ancillary and supplementary subscription-based services. Given that there is no similar statutory provision for DAB, we will proceed cautiously to ensure that free over-the-air service is preserved. We note that radio stations are permitted to offer subscription services during the pendency of this Second Further Notice of Proposed Rulemaking, but are put on notice that we will adopt new rules in this area that may affect such offerings. 2. In the DAB FNPRM, we sought comment on whether we can and should impose spectrum fees for that portion of digital bandwidth used by broadcasters to provide subscription services. Given that we are further considering the issues surrounding the provision of subscription services, we now seek additional input from the public on the fee issue. With regard to PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 45713 DTV, Congress authorized the Commission to impose a fee on certain ancillary or supplementary services. The Commission subsequently adopted a rule requiring DTV licensees to pay a fee of five percent of the gross revenues derived from all ancillary or supplemental services that are feeable, as defined by the rules. Given that no express statutory authority exists in the DAB context, do we have the authority to impose a five percent or other fee based on the Commission’s jurisdiction ancillary to its regulation of broadcasting? Can we, therefore, impose a similar fee for subscription digital radio? What limits should we place on subscription services, particularly if we are unable to impose a fee? Should broadcasters have to provide a free digital stream at least equal in quality to the best subscription service if they decide to provide a subscription service? 3. In the Second Report and Order (published elsewhere in this issue), we rule that several statutory requirements and Commission regulations would apply to all free over-the-air digital programming streams. Here, we seek comment on whether those same requirements, as outlined in Section D.1, above, should apply to subscription services. We note that the Commission has applied certain public interest obligations to other subscription services, including cable television and satellite radio, pursuant to our authority to regulate subscription services ancillary to the regulation of broadcasting. We tentatively conclude that we should apply the requirements outlined above to subscription services offered by terrestrial radio stations, and that we have the statutory authority to do so. We seek comment on this tentative conclusion. 4. As stated above, the Commission must ensure that broadcast radio and television stations serve the ‘‘public interest, convenience and necessity.’’ To ensure that broadcasters serve the public interest, convenience and necessity, the Commission requires licensees to comply with various program-related and operational duties. Broadcasters, for example, are required to air programming responsive to community needs and interests and have other service obligations. We will continue to enforce our statutory mandate to ensure that broadcasters serve the public interest, and remind broadcasters of the importance of meeting their existing public interest obligations. As stated above, IBOC provides broadcasters the potential for a more flexible and dynamic use of the radio spectrum and raises questions E:\FR\FM\15AUP1.SGM 15AUP1 ebenthall on PRODPC61 with PROPOSALS 45714 Federal Register / Vol. 72, No. 157 / Wednesday, August 15, 2007 / Proposed Rules about the nature of program-related and operating obligations in digital broadcasting because the scope of those responsibilities has not been defined. Certain parties have proposed new public interest requirements for DAB, while others have argued that there is no reason to change our existing rules. We seek comment on whether we should adopt any new public interest requirements for digital audio broadcasters. 5. In the context of examining possible changes to television station public interest obligations in the digital environment, the Commission is considering whether the current requirements pertaining to television stations’ public inspection files are sufficient to ensure that the public has adequate access to information on how the stations are serving their communities. As we undertake an examination of possible changes to radio station public interest obligations in the digital environment, we believe it is also appropriate to consider whether the current requirements for radio stations’ public inspection files are sufficient to ensure that the public has adequate access to information on how these stations are serving their communities. In the Enhanced Disclosure NPRM, we proposed that television broadcast station licensees should use a standardized form to provide information on how the station serves the public interest in a variety of areas, and that the form should be provided on a quarterly basis and maintained in the station’s public inspection file in place of the currently required issues/programs lists. We also proposed to enhance the public’s ability to access public interest information by requiring licensees to make the contents of their public inspection files, including the form, available on the station’s or a state broadcasters association’s Internet Web site. We seek comment on whether we should consider applying such rules to radio stations, whether operating in analog or digital. Would the benefits or burdens of requiring the public inspection file to also be placed on the Internet be the same, lesser, or greater for radio stations than for television stations? In what specific ways, if any, should the rules differ for radio? Are there ways we can reduce the burden on small radio stations? I. Procedural Matters A. Filing Requirements 6. Ex Parte Rules. The Second Further Notice of Proposed Rulemaking in this proceeding will be treated as a ‘‘permit- VerDate Aug<31>2005 14:58 Aug 14, 2007 Jkt 211001 but-disclose’’ subject to the ‘‘permit-butdisclose’’ requirements under Section 1.1206(b) of the Commission’s rules. Ex parte presentations are permissible if disclosed in accordance with Commission rules, except during the Sunshine Agenda period when presentations, ex parte or otherwise, are generally prohibited. Persons making oral ex parte presentations are reminded that a memorandum summarizing a presentation must contain a summary of the substance of the presentation and not merely a listing of the subjects discussed. More than a one-or twosentence description of the views and arguments presented is generally required. Additional rules pertaining to oral and written presentations are set forth in Section 1.1206(b). 7. Comments and Reply Comments. Pursuant to §§ 1.415 and 1.419 of the Commission’s rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using: (1) the Commission’s Electronic Comment Filing System (ECFS), (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies. • Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: https://www.fcc.gov/ cgb/ecfs/ or the Federal eRulemaking Portal: https://www.regulations.gov. Filers should follow the instructions provided on the Web site for submitting comments. • For ECFS filers, if multiple docket or rulemaking numbers appear in the caption of this proceeding, filers must transmit one electronic copy of the comments for each docket or rulemaking number referenced in the caption. In completing the transmittal screen, filers should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions, filers should send an email to ecfs@fcc.gov, and include the following words in the body of the message, ‘‘get form.’’ A sample form and directions will be sent in response. • Paper Filers: Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 overnight U.S. Postal Service mail (although we continue to experience delays in receiving U.S. Postal Service mail). All filings must be addressed to the Commission’s Secretary, Office of the Secretary, Federal Communications Commission. • The Commission’s contractor will receive hand-delivered or messengerdelivered paper filings for the Commission’s Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes must be disposed of before entering the building. • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. • U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street, SW., Washington, DC 20554. People with Disabilities: To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202–418–0530 (voice), 202– 418–0432 (TTY). 8. Availability of Documents. Comments, reply comments, and ex parte submissions will be available for public inspection during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th Street, SW., CY– A257, Washington, DC 20554. Persons with disabilities who need assistance in the FCC Reference Center may contact Bill Cline at (202) 418–0267 (voice), (202) 418–7365 (TTY), or bill.cline@fcc.gov. These documents also will be available from the Commission’s Electronic Comment Filing System. Documents are available electronically in ASCII, Word 97, and Adobe Acrobat. Copies of filings in this proceeding may be obtained from Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY–B402, Washington, DC 20554; they can also be reached by telephone, at (202) 488–5300 or (800) 378–3160; by e-mail at fcc@bcpiweb.com; or via their Web site at https://www.bcpiweb.com. To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418–0531 (voice), (202) 418–7365 (TTY). E:\FR\FM\15AUP1.SGM 15AUP1 Federal Register / Vol. 72, No. 157 / Wednesday, August 15, 2007 / Proposed Rules 9. Additional Information. For additional information on this proceeding, contact Ann Gallagher, Ann.Gallagher@fcc.gov, of the Media Bureau, Audio Division, (202) 418–2716 or Brendan Murray, Brendan.Murray@fcc.gov, of the Media Bureau, Policy Division, (202) 418– 2120. B. Initial and Final Regulatory Flexibility Analysis 10. The Regulatory Flexibility Act of 1980, as amended (‘‘RFA’’), requires that a regulatory flexibility analysis be prepared for notice and comment rule making proceedings, unless the agency certifies that ‘‘the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.’’ 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). By the issuance of this Second Further Notice of Proposed Rulemaking, we seek comment on the impact our suggested proposals would have on small business entities. 11. Act. As required by the Regulatory Flexibility Act, the Commission has prepared a Final Regulatory Flexibility Analysis (‘‘FRFA’’) relating to this Second Report and Order and First Order on Reconsideration. ebenthall on PRODPC61 with PROPOSALS C. Paperwork Reduction Act Analysis This document does not contain proposed information collection(s) 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 burden 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). Initial Regulatory Flexibility Analysis 12. As required by the Regulatory Flexibility Act of 1980, as amended, the Commission has prepared this Initial Regulatory Flexibility Analysis of the possible significant economic impact on a substantial number of small entities by the policies and rules proposed in the VerDate Aug<31>2005 14:58 Aug 14, 2007 Jkt 211001 Second Further Notice of Proposed Rulemaking. Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments on the Second Further Notice of Proposed Rulemaking. The Commission will send a copy of this entire Second Further Notice of Proposed Rulemaking (‘‘FNPRM’’), including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration (‘‘SBA’’). In addition, the Second Further Notice of Proposed Rulemaking and the IRFA (or summaries thereof) will be published in the Federal Register. 13. Need for, and Objectives of, the Proposed Rules. The Second FNPRM has been initiated to obtain further comments concerning the development and implementation of terrestrial digital audio broadcasting. Because free overthe-air terrestrial broadcasting is in the public interest, and because spectrum is a limited resource, in the Second FNPRM the Commission seeks comment on how to limit ancillary subscription services provided by radio stations converting to the IBOC DAB format so that terrestrial radio broadcasting remains an essentially free over-the-air service. The Commission also seeks comment on, inter alia, the application of several statutory and regulatory public interest requirements to subscription services. 14. Legal Basis. The authority for this Second Further Notice of Proposed Rulemaking is contained in Sections 1, 2, 4(i), 303, 307, 312(a)(7), 315, 317, 507, and 508 of the Communications Act of 1934, 47 U.S.C 151, 152, 154(i), 303, 307, 312(a)(7), 315, 317, 508, and 509. 15. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply. 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 proposed rules. The RFA generally defines the term ‘‘small entity’’ as encompassing the terms ‘‘small business,’’ ‘‘small organization,’’ and ‘‘small governmental entity.’’ 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’’). 16. Radio Stations. The proposed rules and policies potentially will apply to all AM and commercial FM radio broadcasting licensees and potential PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 45715 licensees. The SBA defines a radio broadcasting station that has $6.5 million or less in annual receipts as a small business. 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. According to Commission staff review of BIA Publications, Inc. Master Access Radio Analyzer Database on March 31, 2005, about 10,840 (95%) of 11,410 commercial radio stations have revenue of $6.5 million or less. We note, however, that many radio stations are affiliated with much larger corporations having much higher revenue. Our estimate, therefore, likely overstates the number of small entities that might be affected by our action. 17. Electronics Equipment Manufacturers. The rules adopted in this proceeding will apply to manufacturers of DAB receiving equipment and other types of consumer electronics equipment. The appropriate small business size standard is that which the SBA has established for radio and television broadcasting and wireless communications equipment manufacturing. This category encompasses entities that primarily manufacture radio, television, and wireless communications equipment. Under this standard, firms are considered small if they have 1000 or fewer employees. Census Bureau data for 2002 indicate that, for that year, there were a total of 1,041 establishments in this category. Of those, 1,023 had employment under 1,000. Given the above, the Commission estimates that the great majority of equipment manufacturers affected by these rules are small businesses. 18. Description of Projected Reporting, Recordkeeping and Other Compliance Requirements. The proposed rules on subscription services may impose additional reporting or recordkeeping requirements on existing radio stations, depending upon how the Commission decides to limit subscription services. We seek comment on the possible burden these requirements would place on small entities. Also, we seek comment on whether a special approach toward any E:\FR\FM\15AUP1.SGM 15AUP1 45716 Federal Register / Vol. 72, No. 157 / Wednesday, August 15, 2007 / Proposed Rules ebenthall on PRODPC61 with PROPOSALS possible compliance burdens on small entities might be appropriate. 19. Steps Taken To Minimize Significant Impact on Small Entities, and Significant Alternatives Considered. 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. 20. In the Second Report and Order, the Commission permits radio stations to offer high quality digital radio signals, multicast digital audio programming streams, and datacasting. In the Second Further Notice of Proposed Rulemaking, the Commission seeks comment on what limitations on ancillary subscription services are necessary and appropriate to ensure the viability of free over-the-air radio broadcasting. This is an issue of first impression for the Commission; there is no history that indicates whether limits on ancillary subscription services will be adverse or beneficial to small businesses. Therefore, we make no judgment on whether limits on ancillary subscription services will adversely affect small business. We welcome commenters to address whether limits on ancillary subscription services will have any adverse effects on small businesses. 21. Federal Rules Which Duplicate, Overlap, or Conflict With, the Commission’s Proposals. None. 22. The Commission will send a copy of the Second Report and Order, First Order on Reconsideration, and Second Further Notice of Proposed Rulemaking, including this FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the Second Report and Order, First Order on Reconsideration, and Second Further Notice of Proposed Rulemaking and FRFA (or summaries thereof) will also be published in the Federal Register. II. Ordering Clauses 23. Accordingly, it is ordered, pursuant to the authority contained in Sections 1, 2, 4(i), 303, 307, 312, 315, 317, 507, and 508 of the Communications Act of 1934, 47 U.S.C. 151, 152, 154(i), 303, 307, 312, 315, 508, VerDate Aug<31>2005 14:58 Aug 14, 2007 Jkt 211001 and 509, this Second Report and Order First Order on Reconsideration and Second Further Notice of Proposed Rulemaking is adopted. 24. 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 First Order on Reconsideration and Second Further Notice of Proposed Rulemaking including the Initial and Final Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. List of Subjects in 47 CFR Part 73 Digital television, Radio. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 07–3958 Filed 8–14–07; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 07–3416; MB Docket No. 07–143; RM– 11381] Radio Broadcasting Services; Charlo, MT Federal Communications Commission. ACTION: Proposed rule. AGENCY: SUMMARY: This document requests comments on a petition for rule making filed by Spanish Peaks Broadcasting, Inc. (‘‘Petitioner’’) proposing the allotment of Channel 251C3 at Charlo, Montana. The proposed coordinates are 47–32–20 NL and 114–08–52 WL with a site restriction of 11.3 kilometers (7.0 miles) north of Charlo, Montana. DATES: Comments must be filed on or before September 17, 2007, and reply comments on or before October 2, 2007. ADDRESSES: Secretary, Federal Communications Commission, 445 Twelfth Street, SW., Washington, DC. 20554. In addition to filing comments with the FCC, interested parties should serve the Petitioner as follows: Kevin Terry, President, Spanish Peaks Broadcasting, Inc.; 3702 Sunridge Drive; Park City, Utah 84098. FOR FURTHER INFORMATION CONTACT: R. Barthen Gorman, Media Bureau, (202) 418–2180. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Notice of Proposed Rule Making, MB Docket No. 07–143, adopted July 25, 2007, and released July 27, 2007. The full text of PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 this Commission decision is available for inspection and copying during normal business hours in the Commission’s Reference Information Center, 445 Twelfth Street, SW., Washington, DC 20554. This document may also be purchased from the Commission’s duplicating contractors, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 1– 800–378–3160 or https:// www.BCPIWEB.com. This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any proposed information collection burden ‘‘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). Provisions of the Regulatory Flexibility Act of l980 do not apply to this proceeding. Members of the public should note that from the time a Notice of Proposed Rule Making is issued until the matter is no longer subject to Commission consideration or court review, all ex parte contacts are prohibited in Commission proceedings, such as this one, which involve channel allotments. See 47 CFR 1.1204(b) for rules governing permissible ex parte contact. For information regarding proper filing procedures for comments, see 47 CFR 1.415 and 1.420. List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Montana, is amended by adding Charlo, Channel 251C3. Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E7–15900 Filed 8–14–07; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\15AUP1.SGM 15AUP1

Agencies

[Federal Register Volume 72, Number 157 (Wednesday, August 15, 2007)]
[Proposed Rules]
[Pages 45712-45716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3958]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 99-325; FCC 07-33]


Digital Audio Broadcasting Systems and Their Impact on the 
Terrestrial Radio Broadcast Service

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: In this document, the Commission proposes rules to address 
issues that were left unresolved in the Commission's Second Report and 
Order, FCC 07-33. Specifically, the Commission seeks comment on how to 
ensure that the amount of subscription-based radio service is limited, 
whether the Commission can and should impose spectrum fees on portions 
of the digital bandwidth used by broadcasters to provide subscription 
services, whether statutory requirements and subscription regulations 
should apply to subscription-based services, whether any new public 
interest requirements should be imposed on digital audio broadcasters, 
whether enhanced public disclosure rules should apply to radio 
stations, and whether the rules regarding unattended stations should be 
reviewed and modified.

DATES: Comments for this proceeding are due on or before October 15, 
2007; reply comments are due on or before November 13, 2007.

ADDRESSES: You may submit comments, identified by MM Docket No. 99-325, 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web site: https://
www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     People With Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format

[[Page 45713]]

documents, sign language interpreters, CART, etc.) by e-mail: 
FCC504@fcc.gov or phone: 202-418-0530 or TTY: 202-418-0432.

For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, contact Ann Gallagher, Ann.Gallagher@fcc.gov of the Media 
Bureau, Audio Division, (202) 418-2716, or Brendan Murray, 
Brendan.Murray@fcc.gov of the Media Bureau, Policy Division, (202) 418-
2120.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order, First Order on Reconsideration, and Second Further 
Notice of Proposed Rulemaking, FCC 07-33, adopted on March 22, 2007, 
and released on May 31, 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 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).

Initial Paperwork Reduction Act of 1995 Analysis

    This document does not contain proposed information collection(s) 
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 burden 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 Notice of Proposed Rulemaking

    1. Preserving the existing system of free over-the-air terrestrial 
radio service as radio stations convert to digital broadcasting remains 
important. In order to accomplish this goal, we seek comment on how to 
ensure that the amount of subscription-based radio services is limited. 
For example, should we implement a requirement which states that no 
more than 20 to 25 percent of a station's digital capacity be devoted 
to subscription services? In the digital television context, we have 
not imposed a specific cap on the amount of subscription services that 
could be offered. Rather, we have permitted television stations to use 
their digital capacity for any purpose as long as they transmit at 
least one over-the-air video program signal at no direct charge to 
viewers. This estimate is based on current analog FM SCA usage and the 
scalability of the digital stream in 1 kbps or smaller increments. How 
should any limitation on digital subscription services be specified--in 
terms of occupied bandwidth, or in terms of total digital capacity? 
Would limiting digital subscription services to 20 to 25 percent be 
sufficient to ensure that the free over-the-air radio service is not 
compromised? Should there be different rules for NCE radio stations? 
What kinds of subscription services do radio stations, both NCE and 
commercial, plan to offer once they commence digital broadcasting? For 
example, iBiquity states that it will continue to develop new 
applications for DAB including store and replay, on-demand services, 
and a ``buy button.'' iBiquity has not made it clear whether these 
services would be offered on a subscription basis. Would any 
subscription services be broadcast services? With regard to DTV, 
Congress explicitly authorized the Commission to permit digital 
television stations to offer ancillary and supplementary subscription-
based services. Given that there is no similar statutory provision for 
DAB, we will proceed cautiously to ensure that free over-the-air 
service is preserved. We note that radio stations are permitted to 
offer subscription services during the pendency of this Second Further 
Notice of Proposed Rulemaking, but are put on notice that we will adopt 
new rules in this area that may affect such offerings.
    2. In the DAB FNPRM, we sought comment on whether we can and should 
impose spectrum fees for that portion of digital bandwidth used by 
broadcasters to provide subscription services. Given that we are 
further considering the issues surrounding the provision of 
subscription services, we now seek additional input from the public on 
the fee issue. With regard to DTV, Congress authorized the Commission 
to impose a fee on certain ancillary or supplementary services. The 
Commission subsequently adopted a rule requiring DTV licensees to pay a 
fee of five percent of the gross revenues derived from all ancillary or 
supplemental services that are feeable, as defined by the rules. Given 
that no express statutory authority exists in the DAB context, do we 
have the authority to impose a five percent or other fee based on the 
Commission's jurisdiction ancillary to its regulation of broadcasting? 
Can we, therefore, impose a similar fee for subscription digital radio? 
What limits should we place on subscription services, particularly if 
we are unable to impose a fee? Should broadcasters have to provide a 
free digital stream at least equal in quality to the best subscription 
service if they decide to provide a subscription service?
    3. In the Second Report and Order (published elsewhere in this 
issue), we rule that several statutory requirements and Commission 
regulations would apply to all free over-the-air digital programming 
streams. Here, we seek comment on whether those same requirements, as 
outlined in Section D.1, above, should apply to subscription services. 
We note that the Commission has applied certain public interest 
obligations to other subscription services, including cable television 
and satellite radio, pursuant to our authority to regulate subscription 
services ancillary to the regulation of broadcasting. We tentatively 
conclude that we should apply the requirements outlined above to 
subscription services offered by terrestrial radio stations, and that 
we have the statutory authority to do so. We seek comment on this 
tentative conclusion.
    4. As stated above, the Commission must ensure that broadcast radio 
and television stations serve the ``public interest, convenience and 
necessity.'' To ensure that broadcasters serve the public interest, 
convenience and necessity, the Commission requires licensees to comply 
with various program-related and operational duties. Broadcasters, for 
example, are required to air programming responsive to community needs 
and interests and have other service obligations. We will continue to 
enforce our statutory mandate to ensure that broadcasters serve the 
public interest, and remind broadcasters of the importance of meeting 
their existing public interest obligations. As stated above, IBOC 
provides broadcasters the potential for a more flexible and dynamic use 
of the radio spectrum and raises questions

[[Page 45714]]

about the nature of program-related and operating obligations in 
digital broadcasting because the scope of those responsibilities has 
not been defined. Certain parties have proposed new public interest 
requirements for DAB, while others have argued that there is no reason 
to change our existing rules. We seek comment on whether we should 
adopt any new public interest requirements for digital audio 
broadcasters.
    5. In the context of examining possible changes to television 
station public interest obligations in the digital environment, the 
Commission is considering whether the current requirements pertaining 
to television stations' public inspection files are sufficient to 
ensure that the public has adequate access to information on how the 
stations are serving their communities. As we undertake an examination 
of possible changes to radio station public interest obligations in the 
digital environment, we believe it is also appropriate to consider 
whether the current requirements for radio stations' public inspection 
files are sufficient to ensure that the public has adequate access to 
information on how these stations are serving their communities. In the 
Enhanced Disclosure NPRM, we proposed that television broadcast station 
licensees should use a standardized form to provide information on how 
the station serves the public interest in a variety of areas, and that 
the form should be provided on a quarterly basis and maintained in the 
station's public inspection file in place of the currently required 
issues/programs lists. We also proposed to enhance the public's ability 
to access public interest information by requiring licensees to make 
the contents of their public inspection files, including the form, 
available on the station's or a state broadcasters association's 
Internet Web site. We seek comment on whether we should consider 
applying such rules to radio stations, whether operating in analog or 
digital. Would the benefits or burdens of requiring the public 
inspection file to also be placed on the Internet be the same, lesser, 
or greater for radio stations than for television stations? In what 
specific ways, if any, should the rules differ for radio? Are there 
ways we can reduce the burden on small radio stations?

I. Procedural Matters

A. Filing Requirements

    6. Ex Parte Rules. The Second Further Notice of Proposed Rulemaking 
in this proceeding will be treated as a ``permit-but-disclose'' subject 
to the ``permit-but-disclose'' requirements under Section 1.1206(b) of 
the Commission's rules. Ex parte presentations are permissible if 
disclosed in accordance with Commission rules, except during the 
Sunshine Agenda period when presentations, ex parte or otherwise, are 
generally prohibited. Persons making oral ex parte presentations are 
reminded that a memorandum summarizing a presentation must contain a 
summary of the substance of the presentation and not merely a listing 
of the subjects discussed. More than a one-or two-sentence description 
of the views and arguments presented is generally required. Additional 
rules pertaining to oral and written presentations are set forth in 
Section 1.1206(b).
    7. Comments and Reply Comments. Pursuant to Sec. Sec.  1.415 and 
1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested 
parties may file comments and reply comments on or before the dates 
indicated on the first page of this document. Comments may be filed 
using: (1) the Commission's Electronic Comment Filing System (ECFS), 
(2) the Federal Government's eRulemaking Portal, or (3) by filing paper 
copies.
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: https://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: https://www.regulations.gov. Filers 
should follow the instructions provided on the Web site for submitting 
comments.
     For ECFS filers, if multiple docket or rulemaking numbers 
appear in the caption of this proceeding, filers must transmit one 
electronic copy of the comments for each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, filers 
should include their full name, U.S. Postal Service mailing address, 
and the applicable docket or rulemaking number. Parties may also submit 
an electronic comment by Internet e-mail. To get filing instructions, 
filers should send an e-mail to ecfs@fcc.gov, and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
     Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail must be addressed to 445 12th Street, SW., Washington, DC 20554.
    People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an e-mail to fcc504@fcc.gov or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
    8. Availability of Documents. Comments, reply comments, and ex 
parte submissions will be available for public inspection during 
regular business hours in the FCC Reference Center, Federal 
Communications Commission, 445 12th Street, SW., CY-A257, Washington, 
DC 20554. Persons with disabilities who need assistance in the FCC 
Reference Center may contact Bill Cline at (202) 418-0267 (voice), 
(202) 418-7365 (TTY), or bill.cline@fcc.gov. These documents also will 
be available from the Commission's Electronic Comment Filing System. 
Documents are available electronically in ASCII, Word 97, and Adobe 
Acrobat. Copies of filings in this proceeding may be obtained from Best 
Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-
B402, Washington, DC 20554; they can also be reached by telephone, at 
(202) 488-5300 or (800) 378-3160; by e-mail at fcc@bcpiweb.com; or via 
their Web site at https://www.bcpiweb.com. To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an e-mail to fcc504@fcc.gov or 
call the Consumer and Governmental Affairs Bureau at (202) 418-0531 
(voice), (202) 418-7365 (TTY).

[[Page 45715]]

    9. Additional Information. For additional information on this 
proceeding, contact Ann Gallagher, Ann.Gallagher@fcc.gov, of the Media 
Bureau, Audio Division, (202) 418-2716 or Brendan Murray, 
Brendan.Murray@fcc.gov, of the Media Bureau, Policy Division, (202) 
418-2120.

B. Initial and Final Regulatory Flexibility Analysis

    10. The Regulatory Flexibility Act of 1980, as amended (``RFA''), 
requires that a regulatory flexibility analysis be prepared for notice 
and comment rule making proceedings, unless the agency certifies that 
``the rule will not, if promulgated, have a significant economic impact 
on a substantial number of small entities.'' 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). By the issuance of this Second Further Notice of 
Proposed Rulemaking, we seek comment on the impact our suggested 
proposals would have on small business entities.
    11. Act. As required by the Regulatory Flexibility Act, the 
Commission has prepared a Final Regulatory Flexibility Analysis 
(``FRFA'') relating to this Second Report and Order and First Order on 
Reconsideration.

C. Paperwork Reduction Act Analysis

    This document does not contain proposed information collection(s) 
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 burden 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).

Initial Regulatory Flexibility Analysis

    12. As required by the Regulatory Flexibility Act of 1980, as 
amended, the Commission has prepared this Initial Regulatory 
Flexibility Analysis of the possible significant economic impact on a 
substantial number of small entities by the policies and rules proposed 
in the Second Further Notice of Proposed Rulemaking. Written public 
comments are requested on this IRFA. Comments must be identified as 
responses to the IRFA and must be filed by the deadlines for comments 
on the Second Further Notice of Proposed Rulemaking. The Commission 
will send a copy of this entire Second Further Notice of Proposed 
Rulemaking (``FNPRM''), including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration (``SBA''). In addition, 
the Second Further Notice of Proposed Rulemaking and the IRFA (or 
summaries thereof) will be published in the Federal Register.
    13. Need for, and Objectives of, the Proposed Rules. The Second 
FNPRM has been initiated to obtain further comments concerning the 
development and implementation of terrestrial digital audio 
broadcasting. Because free over-the-air terrestrial broadcasting is in 
the public interest, and because spectrum is a limited resource, in the 
Second FNPRM the Commission seeks comment on how to limit ancillary 
subscription services provided by radio stations converting to the IBOC 
DAB format so that terrestrial radio broadcasting remains an 
essentially free over-the-air service. The Commission also seeks 
comment on, inter alia, the application of several statutory and 
regulatory public interest requirements to subscription services.
    14. Legal Basis. The authority for this Second Further Notice of 
Proposed Rulemaking is contained in Sections 1, 2, 4(i), 303, 307, 
312(a)(7), 315, 317, 507, and 508 of the Communications Act of 1934, 47 
U.S.C 151, 152, 154(i), 303, 307, 312(a)(7), 315, 317, 508, and 509.
    15. Description and Estimate of the Number of Small Entities to 
Which the Proposed Rules Will Apply. 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 proposed rules. The RFA 
generally defines the term ``small entity'' as encompassing the terms 
``small business,'' ``small organization,'' and ``small governmental 
entity.'' 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'').
    16. Radio Stations. The proposed rules and policies potentially 
will apply to all AM and commercial FM radio broadcasting licensees and 
potential licensees. The SBA defines a radio broadcasting station that 
has $6.5 million or less in annual receipts as a small business. 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. According to 
Commission staff review of BIA Publications, Inc. Master Access Radio 
Analyzer Database on March 31, 2005, about 10,840 (95%) of 11,410 
commercial radio stations have revenue of $6.5 million or less. We 
note, however, that many radio stations are affiliated with much larger 
corporations having much higher revenue. Our estimate, therefore, 
likely overstates the number of small entities that might be affected 
by our action.
    17. Electronics Equipment Manufacturers. The rules adopted in this 
proceeding will apply to manufacturers of DAB receiving equipment and 
other types of consumer electronics equipment. The appropriate small 
business size standard is that which the SBA has established for radio 
and television broadcasting and wireless communications equipment 
manufacturing. This category encompasses entities that primarily 
manufacture radio, television, and wireless communications equipment. 
Under this standard, firms are considered small if they have 1000 or 
fewer employees. Census Bureau data for 2002 indicate that, for that 
year, there were a total of 1,041 establishments in this category. Of 
those, 1,023 had employment under 1,000. Given the above, the 
Commission estimates that the great majority of equipment manufacturers 
affected by these rules are small businesses.
    18. Description of Projected Reporting, Recordkeeping and Other 
Compliance Requirements. The proposed rules on subscription services 
may impose additional reporting or recordkeeping requirements on 
existing radio stations, depending upon how the Commission decides to 
limit subscription services. We seek comment on the possible burden 
these requirements would place on small entities. Also, we seek comment 
on whether a special approach toward any

[[Page 45716]]

possible compliance burdens on small entities might be appropriate.
    19. Steps Taken To Minimize Significant Impact on Small Entities, 
and Significant Alternatives Considered. 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.
    20. In the Second Report and Order, the Commission permits radio 
stations to offer high quality digital radio signals, multicast digital 
audio programming streams, and datacasting. In the Second Further 
Notice of Proposed Rulemaking, the Commission seeks comment on what 
limitations on ancillary subscription services are necessary and 
appropriate to ensure the viability of free over-the-air radio 
broadcasting. This is an issue of first impression for the Commission; 
there is no history that indicates whether limits on ancillary 
subscription services will be adverse or beneficial to small 
businesses. Therefore, we make no judgment on whether limits on 
ancillary subscription services will adversely affect small business. 
We welcome commenters to address whether limits on ancillary 
subscription services will have any adverse effects on small 
businesses.
    21. Federal Rules Which Duplicate, Overlap, or Conflict With, the 
Commission's Proposals. None.
    22. The Commission will send a copy of the Second Report and Order, 
First Order on Reconsideration, and Second Further Notice of Proposed 
Rulemaking, including this FRFA, to the Chief Counsel for Advocacy of 
the SBA. A copy of the Second Report and Order, First Order on 
Reconsideration, and Second Further Notice of Proposed Rulemaking and 
FRFA (or summaries thereof) will also be published in the Federal 
Register.

II. Ordering Clauses

    23. Accordingly, it is ordered, pursuant to the authority contained 
in Sections 1, 2, 4(i), 303, 307, 312, 315, 317, 507, and 508 of the 
Communications Act of 1934, 47 U.S.C. 151, 152, 154(i), 303, 307, 312, 
315, 508, and 509, this Second Report and Order First Order on 
Reconsideration and Second Further Notice of Proposed Rulemaking is 
adopted.
    24. 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 First Order on Reconsideration and 
Second Further Notice of Proposed Rulemaking including the Initial and 
Final Regulatory Flexibility Analysis, to the Chief Counsel for 
Advocacy of the Small Business Administration.

List of Subjects in 47 CFR Part 73

    Digital television, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 07-3958 Filed 8-14-07; 8:45 am]
BILLING CODE 6712-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.