Use of FM Translators by AM Stations as a Fill-in Service, 62616-62622 [E7-21271]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 72, Number 214 (Tuesday, November 6, 2007)]
[Proposed Rules]
[Pages 62616-62622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21271]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 74

[MB Docket No. 07-172; FCC 07-144]


Use of FM Translators by AM Stations as a Fill-in Service

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document proposes rule changes that would allow AM 
stations to use FM translator stations to rebroadcast the AM signal 
locally (i.e., the service area of the FM translator station would not 
extend beyond a 25-mile radius from the AM transmitter site, or the 
daytime coverage area of the AM station, whichever is smaller) to 
improve the viability of the AM broadcast service and preserve localism 
in the service. Comments are sought on the proposal and related 
eligibility rules, program origination questions, technical issues and 
timing issues.

DATES: Comments for this proceeding are due on or before January 7, 
2008. Reply comments are due on or before February 4, 2008.
    Written comments on the Paperwork Reduction Act proposed 
information collection requirements must be submitted by the public, 
Office of Management and Budget (OMB), and

[[Page 62617]]

other interested parties on or before January 7, 2008.

ADDRESSES: You may submit comments, identified by MB Docket No. 07-172; 
FCC 07-144, 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.
     Mail: 445 12th Street, SW., Washington, DC 20554, with a 
copy to the Commission's duplicating contractor, Best Copy and 
Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, 
Washington, DC 20554.
     People With Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format 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: Legal information: Tom Hutton, 202-
418-2700; technical information: James Bradshaw, 202-418-2700.

SUPPLEMENTARY INFORMATION: This is a summary of the Federal 
Communications Commission's Notice of Proposed Rulemaking in MB Docket 
No. 07-172, FCC 07-144, adopted August 7, 2007, and released August 15, 
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). 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 FCC's Consumer and Governmental 
Affairs Bureau at (202) 418-0530 (voice) (202) 418-0432 (TTY).

Summary of the Notice of Proposed Rulemaking

    The Notice of Proposed Rulemaking proposes to amend the 
Commission's Rules to allow AM broadcast stations to license and 
operate FM translator stations. The rule changes would allow AM 
stations to operate FM translators to retransmit their AM service as a 
fill-in service, as long as no portion of the 60 dBu contour of the FM 
translator extends beyond the lesser of (a) the 2 mV/m daytime contour 
of the AM station, or (b) the 25-mile radius of the AM transmitter 
site.
    The Notice of Proposed Rulemaking seeks comment on several rule 
changes necessary to expand the permissible service of FM translator 
stations to allow their use as a fill-in service for AM radio stations, 
including eligibility and ownership issues and appropriate technical 
limitations. Also, the Notice of Proposed Rulemaking proposes to modify 
the rules to allow daytime-only AM licensees, during the hours their AM 
stations are not able to operate, to originate programming on fill-in 
FM translators.

Notice of Proposed Rulemaking

Initial Paperwork Reduction Act of 1995 Analysis

    This document contains proposed information collection 
requirements. The Commission, as part of its continuing effort to 
reduce paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB), and other interested parties to comment on 
the information collection requirements contained in this document, as 
required by the Paperwork Reduction Act of 1995, Public Law 104-13. 
Public and agency comments are due January 7, 2008. Comments should 
address: (a) Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology. In 
addition, pursuant to the Small Business Paperwork Relief Act of 2002, 
Public Law 107-198, 44 U.S.C. 3506(c)(4), we seek specific comment on 
how we might ``further reduce the information collection burden for 
small burden for small business concerns with fewer than 25 
employees.''
    The proposed information collection requirements that the 
Commission seeks public comment on are as follows:
    OMB Control Number: 3060-0075.
    Title: Application for Transfer of Control of a Corporate Licensee 
or Permittee or Assignment of License or Permit for an FM or TV 
Translator Station or a Low Power Television Station.
    Form Number: FCC Form 345.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for profit entities.
    Number of Respondents: 1,000.
    Estimated Time per Response: 0.084-1 hour.
    Frequency of Response: Recordkeeping requirement; on occasion 
reporting requirement; third party disclosure requirement.
    Total Annual Burden: 1,542 hours.
    Total Annual Costs: $1,548,625.
    Nature of Response: Required to obtain or retain benefits.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this information collection.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: On August 15, 2007, the Commission adopted a Notice 
of Proposed Rulemaking (NPRM), Amendment of Service and Eligibility 
Rules for FM Broadcast Translator Stations, MB Docket No. 07-172, FCC 
07-144. The NPRM proposes rules that will permit AM radio stations to 
use FM translator stations under certain circumstances. Therefore, AM 
radio stations will use FCC Form 345 when applying for authority for 
assignment of license or for consent to transfer of control of such FM 
translator stations. The Commission proposes to revise the FCC Form 345 
to reflect the revised changes in the rules applicable to FM translator 
stations. Filing of the FCC Form 345 is required when applying for 
authority for assignment of license or permit, or for consent to 
transfer of control of corporate licensee or permittee for an FM or TV 
translator station, or low power TV station.
    OMB Control Number: 3060-0110.
    Title: Application for Renewal of Broadcast Station License.
    Form Number: FCC Form 303-S.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for profit entities; Not for profit 
institutions.
    Number of Respondents: 3,884.
    Estimated Time per Response: 0.67--11.5 hours.
    Frequency of Response: Every eight year reporting requirement; 
Third party disclosure requirement.
    Total Annual Burden: 6,446 hours.
    Total Annual Costs: $1,943,778.
    Nature of Response: Required to obtain or retain benefits.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this information collection.

[[Page 62618]]

    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: On August 15, 2007, the Commission adopted a Notice 
of Proposed Rulemaking (NPRM), Amendment of Service and Eligibility 
Rules for FM Broadcast Translator Stations, MB Docket No. 07-172, FCC 
07-144. The NPRM proposes rules that will permit AM radio stations to 
use FM translator stations under certain circumstances. FCC Form 303-S 
will be used in applying for renewal of license of such commercial or 
noncommercial FM translator stations. The Commission also proposes to 
revise the FCC Form 303-S to reflect the revised changes in the rules 
applicable to FM translator stations used by AM stations to rebroadcast 
their AM signals. FCC Form 303-S is used in applying for renewal of 
license for a commercial or noncommercial AM, FM or TV broadcast 
station and FM translator, TV translator or Low Power TV, and Low Power 
FM broadcast stations. It can also be used in seeking the joint renewal 
of licenses for an FM or TV translator station and its co-owned primary 
FM, AM, TV, or LPTV station.
    OMB Control Number: 3060-0250.
    Title: Sections 73.1207, 74.784, and 74.1284, Rebroadcasts.
    Form Number: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for profit entities; Not for profit 
institutions; State, local or tribal government.
    Number of Respondents: 6,462.
    Estimated Time per Response: 0.50 hours.
    Frequency of Response: Recordkeeping requirement; On occasion 
reporting requirement; semi-annual reporting requirement; Third party 
disclosure requirement.
    Total Annual Burden: 5,506 hours.
    Total Annual Costs: None.
    Nature of Response: Required to obtain or retain benefits.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this information collection.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: On August 15, 2007, the Commission adopted a Notice 
of Proposed Rulemaking (NPRM), Amendment of Service and Eligibility 
Rules for FM Broadcast Translator Stations, MB Docket No. 07-172, FCC 
07-144. The NPRM proposes rule changes that would allow AM stations to 
use FM translator stations to rebroadcast the AM signal. The NPRM is 
only proposing to amend 47 CFR 74.1284 from this information 
collection.
    47 CFR 74.1284 requires that the licensee of an FM translator 
station obtain prior consent to rebroadcast programs of any broadcast 
station or other FM translator. The licensee of the FM translator 
station must notify the Commission of the call letters of each station 
rebroadcast and must certify that written consent has been received 
from the licensee of that station.
    OMB Control Number: 3060-0404.
    Title: Application for an FM Translator or FM Booster Station 
License.
    Form Number: FCC Form 350.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for profit entities; not for profit 
institutions; State, local or tribal government.
    Number of Respondents: 450.
    Estimated Time per Response: 1 hour.
    Frequency of Response: On occasion reporting requirement.
    Total Annual Burden: 450 hours.
    Total Annual Costs: 56,250.
    Nature of Response: Required to obtain or retain benefits.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this information collection.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: On August 15, 2007, the Commission adopted a Notice 
of Proposed Rulemaking, Amendment of Service and Eligibility Rules for 
FM Broadcast Translator Stations, MB Docket No. 07-172, FCC 07-144. The 
Commission proposes rule changes that would allow AM stations to use FM 
translator stations to rebroadcast the AM signal. The FCC Form 350 will 
not be revised. The Commission has concluded that revisions to the FCC 
Form 350 were not needed because FCC Form 350 only confirms that the FM 
translator station has been built to technical terms specified in the 
outstanding construction permit. FCC Form 350 does not require the FM 
translator station to specify the primary station that it will 
rebroadcast. Licensees and permittees of FM Translator or FM Booster 
stations are required to file FCC Form 350 to obtain a new or modified 
station license.
    Please send your PRA comments to Nicholas A. Fraser, Office of 
Management and Budget, via Internet at Nicholas--A.--Fraser@omb.eop.gov 
or via fax at (202) 395-5167 and to Cathy Williams, Federal 
Communications Commission, Room 1-C823, 445 12th Street, SW., 
Washington, DC or via Internet at Cathy.Williams@fcc.gov. To view a 
copy of this information collection request (ICR) submitted to OMB: (1) 
Go to the Web page https://www.reginfo.gov/public/do/PRAMain, (2) look 
for the section of the Web page called ``Currently Under Review,'' (3) 
click on the downward-pointing arrow in the ``Select Agency'' box below 
the ``Currently Under Review'' heading, (4) select ``Federal 
Communications Commission'' from the list of agencies presented in the 
``Select Agency'' box, (5) click the ``Submit'' button to the right of 
the ``Select Agency'' box, (6) when the list of FCC ICRs currently 
under review appears, look for the title of this ICR (or its OMB 
control number, if there is one) and then click on the ICR Reference 
Number to view detailed information about this ICR.''
    For additional information or copies of the information 
collection(s), contact Cathy Williams at (202) 418-2918.

Initial Regulatory Flexibility Act Analysis

    As required by the Regulatory Flexibility Act of 1980 (RFA), the 
Commission has prepared an Initial Regulatory Flexibility Analysis 
(``IRFA''), set forth in an Appendix to the Notice, concerning the 
possible significant economic impact on small entities by the policies 
and rules proposed in the Notice. Written public comments are requested 
on the IRFA. These comments must be filed in accordance with the same 
filing procedures and deadlines for comments and reply comments in 
response to the Notice, and should have a distinct heading designating 
them as responses to the IRFA. The Commission will send a copy of the 
Notice, including the IRFA, to the Chief Counsel for Advocacy of the 
Small Business Administration (SBA). 5 U.S.C. 603(a). In addition, the 
Notice and IRFA (or summaries thereof) are here published in the 
Federal Register.

A. Need for, and Objective of, the Proposed Rules

    The Notice proposes rules that will permit AM station licensees to 
use FM translator stations as a fill-in service within the service area 
of their daytime operating contour, to overcome nighttime coverage 
losses and daytime interference-related losses. The record in the 
proceeding demonstrates significant daytime and nighttime service 
problems in the AM band.

B. Legal Basis

    The authority for the action proposed in the Notice is contained in 
47 U.S.C. 151, 154(i) and (j), 301, 302, 303, 307, 308, 309, 319, and 
324.

[[Page 62619]]

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

    The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that will be 
affected by the proposed rules, if adopted. 5 U.S.C. 603(b)(3). The SBA 
defines a radio broadcast station that has no more than $6.5 million in 
annual receipts as a small business. 13 CFR 121.201, NAICS Code 515112. 
Business concerns included in this industry are those primarily engaged 
in broadcasting aural programs by radio to the public. See NAICS Code 
515112. According to Commission staff review of the BIA Publications, 
Inc. Master Access Radio Analyzer Database on July 10, 2007, about 
10,520 of 11,055 commercial radio stations (or about 95 percent) have 
revenues of $6.5 million or less and thus qualify as small entities 
under the SBA definition.
    We note, however, that, in assessing whether a business concern 
qualifies as small under the above definition, business (control) 
affiliations must be included. Our estimate, therefore, may overstate 
the number of small entities that might be affected by our action, 
because the revenue figure on which it is based does not include or 
aggregate revenues from affiliated companies. In addition, an element 
of the definition of ``small business'' is that the entity not be 
dominant in its field of operation. We are unable at this time to 
define or quantify the criteria that would establish whether a specific 
radio station is dominant in its field of operation. Accordingly, the 
estimate of small businesses to which the proposed rules may apply do 
not exclude any radio station from the definition of a small business 
on this basis and therefore may be over-inclusive to that extent. Also, 
an additional element of the definition of ``small business'' is that 
the entity must be independently owned and operated. We note that it is 
difficult at times to assess these criteria in the context of media 
entities and our estimates of small businesses to which they apply may 
be over-inclusive to this extent.
    The proposed rules and policies could affect licensees of FM 
translator and booster stations and low power FM (``LPFM'') stations, 
as well as to potential licensees in these radio services. The same SBA 
definition that applies to radio broadcast licensees would apply to 
these stations. As of December 31, 2006, there were approximately 4131 
licensed FM translator and booster stations and 771 licensed LPFM 
stations. Given the nature of these services, we will presume that all 
of these licensees qualify as small entities under the SBA definition. 
Representatives of LPFM broadcasters have commented that the proposed 
expansion of eligibility for, and service by, FM translators may have a 
detrimental effect on the development of the LPFM service by limiting 
the availability of frequencies remaining for LPFM service. We seek 
comments on the impact the proposed rule changes would have on LPFM and 
other stations, as well as on parties seeking to obtain authorizations 
to operate such stations.

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

    The Notice proposes rules that will permit AM station licensees to 
use FM translator stations as a fill-in service within the service area 
of their daytime operating contour, to overcome nighttime coverage 
losses and daytime interference-related losses. Use of an FM translator 
is at the option of the broadcast licensee. The Notice would not impose 
any mandatory reporting, recordkeeping and other compliance 
requirements, unless the licensee chooses to use an FM translator as a 
fill-in service. The proposed rule changes that will directly affect 
reporting, recordkeeping and other compliance requirements are 
described in an Appendix to the Notice. The Notice provides for no 
changes in the current application filing and processing procedures for 
FM translator stations, except that FCC Forms 303-S, 345, and 350 
(including related instructions) will be modified to reflect the 
revised purpose and eligibility changes in the rules applicable to FM 
translator stations. We invite small business entities to comment in 
response to the Notice.

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

    The use of FM translator stations by AM radio stations is not 
mandatory. Therefore, with respect to the issue of the impact of the 
proposed rules on smaller entities, we believe small business 
broadcasters would benefit from the opportunities offered by the 
proposed rule changes. The Notice seeks comment on alternative 
eligibility standards and implementation rules that could particularly 
benefit small business broadcasters such as stand-alone AM stations 
and/or daytime-only AM stations. We invite small business entities to 
comment on the impact of the proposed rule changes, including the 
alternatives discussed in the Notice, on small business broadcasters, 
including FM and LPFM stations.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.

Ex Parte Restrictions

    This proceeding has been designated ``permit but disclose'' for 
purposes of the Commission's ex parte rules, 47 CFR 1.1200-1.1216. Ex 
parte presentations will be governed by the procedures set forth in 47 
CFR 1.1206 applicable to non-restricted proceedings.

Filing Requirements

    Comments and Replies. Pursuant to sections 1.415 and 1.419 of the 
Commission's rules, 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 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

[[Page 62620]]

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.
    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. These 
documents will also be available via ECFS. Documents will be available 
electronically in ASCII, Word 97 and/or Adobe Acrobat.
    Accessibility Information. 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 
FCC's Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 
202-418-0432 (TTY).

Ordering Clauses

    It is ordered that pursuant to Sections 1, 4(i) and (j), 301, 302, 
303, 307, 308, 309, 319, and 324 of the Communications Act of 1934, 47 
U.S.C. Sec. Sec.  151, 154(i) and (j), 301, 302, 303, 307, 308, 309, 
319, and 324 that notice is hereby given of the proposals and tentative 
conclusions described in this Notice of Proposed Rule Making.
    It is further ordered that the Reference Information Center, 
Consumer Information Bureau, shall send a copy of this Notice of 
Proposed Rule Making, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.

List of Subjects in 47 CFR Part 74

    Radio, FM Translators.

    Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 74 as follows:

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

    1. The authority citation for part 74 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i) and (j), 301, 302, 303, 307, 
308, 309, 319, and 324.
    2. Amend Sec.  74.1201 by revising paragraphs (a), (b), (c), (d), 
(e), and (g), and adding paragraph (j), as follows:


Sec.  74.1201  Definitions.

    (a) FM translator. A station in the broadcasting service operated 
for the purpose of retransmitting the signals of an AM or FM radio 
broadcast station or another FM broadcast translator station without 
significantly altering any characteristics of the incoming signal other 
than its frequency and amplitude, in order to provide FM broadcast 
service to the general public.
    (b) Commercial FM translator. An AM or FM broadcast translator 
station which rebroadcasts the signals of a commercial FM radio 
broadcast station.
    (c) Noncommercial FM translator. An FM broadcast translator station 
which rebroadcasts the signals of a noncommercial educational AM or FM 
radio broadcast station.
    (d) Primary station. The AM or FM radio broadcast station radiating 
the signals which are retransmitted by an FM broadcast translator 
station or an FM broadcast booster station.
    (e) AM or FM radio broadcast station. When used in this subpart L, 
the term AM broadcast station or AM radio broadcast station or FM 
broadcast station or FM radio broadcast station refers to commercial 
and noncommercial educational AM or FM radio broadcast stations as 
defined in Sec.  2.1 of this chapter, unless the context indicates 
otherwise.
* * * * *
    (g) Translator coverage contour. The coverage contour for an FM 
translator providing ``fill-in'' service is congruent with its parent 
station: For a fill-in translator for a commercial Class B station it 
is the predicted 0.5 mV/m field strength contour; for a fill-in 
translator for a commercial Cass B1 station it is the predicted 0.7 mV/
m field strength contour; and for a fill-in translator for all other 
classes of commercial stations as well as all noncommercial educational 
stations it is the predicted 1 mV/m field strength contour. A fill-in 
FM translator's coverage contour must be contained within the primary 
station's coverage contour. The coverage contour of an FM translator 
rebroadcasting an AM radio broadcast station must be contained within 
the lesser of the 2 mV/m daytime contour of the AM station and a 25-
mile (40 km) radius centered at the AM transmitter site. The protected 
contour for an FM translator station is its predicted 1 mV/m contour.
* * * * *
    (j) AM Fill-in area. The area within the lesser of the 2 mV/m 
daytime contour of the AM radio broadcast station being rebroadcast and 
a 25-mile (40 km) radius centered at the AM transmitter site.
    3. Amend Sec.  74.1231 by revising paragraphs (a), (b) and (h), and 
adding new paragraph (i) to read as follows:


Sec.  74.1231  Purpose and permissible service.

    (a) FM translators provide a means whereby the signals of AM or FM 
broadcast stations may be retransmitted to areas in which direct 
reception of such AM or FM broadcast stations is unsatisfactory due to 
distance or intervening terrain barriers and a means for AM daytime-
only stations to continue operating at night.
    (b) An FM translator may be used for the purpose of retransmitting 
the signals of a primary AM or FM radio broadcast station or another 
translator station the signal of which is received directly through 
space, converted, and suitably amplified, and originating programming 
to the extent authorized in paragraphs (f), (g), and (h) of this 
section. However, an FM translator providing fill-in service may use 
any terrestrial facilities to receive the signal that is being 
rebroadcast. An FM booster station or a noncommercial educational FM 
translator station that is operating on a reserved channel (Channels 
201-220) and is owned and operated by the licensee of the primary 
noncommercial educational station it rebroadcasts may use alternative 
signal delivery means, including, but not limited to, satellite and 
terrestrial microwave facilities. Provided, however, that an applicant 
for a noncommercial educational translator operating on a reserved 
channel (Channel 201-220) and owned and operated by the licensee of the 
primary noncommercial educational AM or FM station it rebroadcasts 
complies with either paragraph (b)(1) or (b)(2) of this section:

[[Page 62621]]

    (1) The applicant demonstrates that:
    (i) The transmitter site of the proposed FM translator station is 
within 80 kilometers of the predicted 1 mV/m contour of the primary 
station to be rebroadcast; or,
    (ii) The transmitter site of the proposed FM translator station is 
more than 160 kilometers from the transmitter site of any authorized 
full service noncommercial educational FM station; or,
    (iii) The application is mutually exclusive with an application 
containing the showing as required by paragraph (b)(2)(i) or (ii) of 
this section; or,
    (iv) The application is filed after October 1, 1992.
    (2) If the transmitter site of the proposed FM translator station 
is more than 80 kilometers from the predicted 1 mV/m contour of the 
primary station to be rebroadcast or is within 160 kilometers of the 
transmitter site of any authorized full service noncommercial 
educational FM station, the applicant must show that:
    (i) An alternative frequency can be used at the same site as the 
proposed FM translator's transmitter location and can provide signal 
coverage to the same area encompassed by the applicant's proposed 1 mV/
m contour; or,
    (ii) An alternative frequency can be used at a different site and 
can provide signal coverage to the same area encompassed by the 
applicant's proposed 1 mV/m contour.
* * * * *
    (h) An FM translator station that rebroadcasts an AM radio 
broadcast station may originate programming during the hours the AM 
radio broadcast station is not authorized to operate.
    (i) FM broadcast booster stations provide a means whereby the 
licensee of an FM broadcast station may provide service to areas in any 
region within the primary station's predicted, authorized service 
contours. An FM broadcast booster station is authorized to retransmit 
only the signals of its primary station which have been received 
directly through space and suitably amplified, or received by 
alternative signal delivery means including, but not limited to, 
satellite and terrestrial microwave facilities. The FM booster station 
shall not retransmit the signals of any other station nor make 
independent transmissions, except that locally generated signals may be 
used to excite the booster apparatus for the purpose of conducting 
tests and measurements essential to the proper installation and 
maintenance of the apparatus.


    Note 1 to Sec.  74.1231: In the case of an FM broadcast station 
authorized with facilities in excess of those specified by Sec.  
73.211 of this chapter, an FM booster station will only be 
authorized within the protected contour of the class of station 
being rebroadcast as predicted on the basis of the maximum powers 
and heights set forth in that section for the applicable class of FM 
broadcast station concerned.


    Note 2 to Sec.  74.1231: For paragraphs (b) and (i) of this 
section, auxiliary intercity relay station frequencies may be used 
to deliver signals to FM translator and booster stations on a 
secondary basis only. Such use shall not interfere with or otherwise 
preclude use of these frequencies for transmitting aural programming 
between the studio and transmitter location of a broadcast station, 
or between broadcast stations, as provided in Sec.  74.531 (a) and 
(b) of this part. Prior to filing an application for an auxiliary 
intercity relay microwave frequency, the applicant shall notify the 
local frequency coordination committee, or, in the absence of a 
local frequency coordination committee, any licensees assigned the 
use of the proposed operating frequency in the intended location or 
area of operation.


    4. Amend Sec.  74.1232 by revising paragraphs (c) and (d) to read 
as follows:


Sec.  74.1232  Eligibility and licensing requirements.

* * * * *
    (c) Only one input and one output channel or frequency will be 
assigned to each FM translator. Additional FM translators may be 
authorized to provide additional reception. A separate application is 
required for each FM translator and each application shall be complete 
in all respects.
    (d) An FM translator providing service to an AM fill-in area will 
be authorized only to the permittee or licensee of the AM radio 
broadcast station being rebroadcast. An authorization for an FM 
translator whose coverage contour extends beyond the protected contour 
of the commercial primary station will not be granted to the licensee 
or permittee of a commercial FM radio broadcast station. Similarly, 
such authorization will not be granted to any person or entity having 
any interest whatsoever, or any connection with a primary FM station. 
Interested and connected parties extend to group owners, corporate 
parents, shareholders, officers, directors, employees, general and 
limited partners, family members and business associates. For the 
purposes of this paragraph, the protected contour of the primary 
station shall be defined as follows: the predicted 0.5mV/m contour for 
commercial Class B stations, the predicted 0.7 mV/m contour for 
commercial Class B1 stations and the predicted 1 mV/m field strength 
contour for all other FM radio broadcast stations. The contours shall 
be as predicted in accordance with Sec.  73.313(a) through (d) of this 
chapter. In the case of an FM radio broadcast station authorized with 
facilities in excess of those specified by Sec.  73.211 of this 
chapter, a co-owned commercial FM translator will only be authorized 
within the protected contour of the class of station being rebroadcast, 
as predicted on the basis of the maximum powers and heights set forth 
in that section for the applicable class of FM broadcast station 
concerned. An FM translator station in operation prior to March 1, 
1991, which is owned by a commercial FM (primary) station and whose 
coverage contour extends beyond the protected contour of the primary 
station, may continue to be owned by such primary station until March 
1, 1994. Thereafter, any such FM translator station must be owned by 
independent parties. An FM translator station in operation prior to 
June 1, 1991, which is owned by a commercial FM radio broadcast station 
and whose coverage contour extends beyond the protected contour of the 
primary station, may continue to be owned by a commercial FM radio 
broadcast station until June 1, 1994. Thereafter, any such FM 
translator station must be owned by independent parties.
* * * * *
    5. Amend Sec.  74.1263 by revising paragraph (b) to read as 
follows:


Sec.  74.1263  Time of operation.

* * * * *
    (b) An FM booster or FM translator station rebroadcasting the 
signal of an AM or FM primary station shall not be permitted to radiate 
during extended periods when signals of the primary station are not 
being retransmitted. Notwithstanding the foregoing, FM translators 
rebroadcasting daytime-only AM stations may continue to operate during 
nighttime hours only if the AM station has operated within the last 24 
hours.
* * * * *
    6. Amend Sec.  74.1284 by revising paragraphs (b) and (c) to read 
as follows:


Sec.  74.1284  Rebroadcasts.

* * * * *
    (b) The licensee of an FM translator shall not rebroadcast the 
programs of any AM or FM broadcast station or other FM translator 
without obtaining prior consent of the primary station whose programs 
are proposed to be retransmitted. The Commission shall be notified of 
the call letters of each station rebroadcast and the licensee of the FM 
translator shall certify that written

[[Page 62622]]

consent has been received from the licensee of the station whose 
programs are retransmitted.
    (c) An FM translator is not authorized to rebroadcast the 
transmissions of any class of station other than an AM or FM broadcast 
station or another FM translator.

 [FR Doc. E7-21271 Filed 11-5-07; 8:45 am]
BILLING CODE 6712-01-P