Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations, 45126-45131 [E9-21049]
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Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations
Code for reading third column:
Emerg.—Emergency; Reg.—Regular;
Susp.—Suspension.
Dated: August 24, 2009.
Deborah Ingram,
Acting Deputy Assistant Administrator for
Mitigation, Mitigation Directorate,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. E9–21024 Filed 8–31–09; 8:45 am]
BILLING CODE 9110–12–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 09–1828; MB Docket No. 09–118; RM–
11545]
Television Broadcasting Services; Ann
Arbor, Michigan
Federal Communications
Commission.
ACTION: Final rule.
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AGENCY:
16:24 Aug 31, 2009
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List of Subjects in 47 CFR Part 73
Television, Television broadcasting.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
■
SUMMARY: The Commission grants a
petition for rulemaking filed by ION
Media Licensee Company, LLC, DebtorIn-Possession (‘‘ION’’), the licensee of
WPXD–TV, digital channel 31, Ann
Arbor, Michigan. ION requests the
substitution of digital channel 50 for
digital channel 31 at Ann Arbor.
DATES: This rule is effective September
1, 2009.
FOR FURTHER INFORMATION CONTACT:
Adrienne Y. Denysyk, Media Bureau,
(202) 418–1600.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 09–118,
adopted August 12, 2009, and released
August 18, 2009. The full text of this
document is available for public
inspection and copying during normal
business hours in the FCC’s Reference
Information Center at Portals II, CY–
A257, 445 12th Street, SW.,
Washington, DC 20554. This document
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.) This
document may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554, telephone
1–800–478–3160 or via e-mail https://
www.BCPIWEB.com. 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)
VerDate Nov<24>2008
418–0530 (voice), (202) 418–0432
(TTY). This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
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 1980 do not apply to
this proceeding.
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional review Act, see 5 U.S.C.
801(a)(1)(A).
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.
§ 73.622
[Amended]
2. Section 73.622(i), the PostTransition Table of DTV Allotments
under Michigan, is amended by adding
DTV channel 50 and removing DTV
channel 31 at Ann Arbor.
■
Federal Communications Commission.
Clay C. Pendarvis,
Associate Chief, Video Division, Media
Bureau.
[FR Doc. E9–21050 Filed 8–31–09; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 74
[MB Docket No. 07–172; FCC 09–59]
Amendment of Service and Eligibility
Rules for FM Broadcast Translator
Stations
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: The FCC amended its FM
translator rules to allow AM stations to
use currently authorized FM translators
for ‘‘fill-in’’ service within their current
coverage areas, to help them provide a
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listenable signal to their listeners and
better serve their local communities.
DATES: Effective October 1, 2009, except
for 47 CFR 74.1284, which affects
information collection requirements that
are not effective until approved by the
Office of Management and Budget
(OMB). The FCC will publish a
document in the Federal Register
announcing the effective date for that
section.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Tom
Hutton (legal issues) or James Bradshaw
(engineering issues), Media Bureau,
Federal Communications Commission,
(202) 418–2700.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order (Order) in MB Docket No. 07–
172, FCC 09–59, adopted and released
June 29, 2009, Amendment of Service
and Eligibility Rules for FM Broadcast
Translator Stations. Previously, FM
translators were only authorized to
rebroadcast FM radio stations and other
FM translator stations. The rule changes
in the Order allow FM translators to
rebroadcast AM radio stations within
those stations’ current coverage areas. In
addition, AM stations with daytimeonly facilities will be allowed to
originate programming on such FM
translators during periods when the AM
stations are not operating. These
changes are intended to help AM
stations provide a listenable signal
throughout their current coverage areas
and better serve the listening public.
Synopsis of Order
1. The Order describes several
limitations and competitive challenges
that AM stations face. The emergence of
higher fidelity sources of audio
programming, including FM broadcasts,
satellite radio, personal media players
and podcasts and audio streams
provided through the Internet, has
eroded the audience for AM stations,
particularly among younger age groups.
Sources of man-made interference have
multiplied, creating a higher level of
interference to AM signals at all hours.
Skywave interference creates even
greater problems starting before sunset
and continuing after sunrise. Although
the Commission has undertaken AM
improvement efforts in the past, those
efforts have not overcome the
fundamental problems of AM radio and
the erosion of the AM radio audience
has increased to a point not previously
experienced. The Order finds that the
record in this proceeding clearly
indicates a strong need and desire by
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Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations
AM stations to supplement their signals
with fill-in service from FM translators,
particularly to overcome nighttime
signal limitations. This record includes
the experience of AM stations that have
been rebroadcasting on FM translators
pursuant to special temporary authority.
Those stations reported that they greatly
increased their service to their local
communities of service, particularly
with drive-time traffic and weather
information and coverage of community
events taking place at night.
2. The purpose of the rule changes is
to improve service by AM stations
within their current service areas, not to
expand their service areas. Accordingly,
the Order provides that no portion of
the 60 dBu contour of any FM translator
station rebroadcasting an AM station
may extend beyond the smaller of: (a) A
25-mile radius from the AM transmitter
site; or (b) the 2 mV/m daytime contour
of the AM station. The Order finds that
a policy of allowing de minimis
extensions beyond those limits would
not serve the public interest.
3. The Order finds that Class D
(daytime-only) AM stations should be
allowed to originate programming over
fill-in FM translators during the hours
that their stations are not authorized to
operate. This rule change is consistent
with the fundamental purpose of fill-in
FM translators, which is to provide
continuity of service within licensed
service areas. There is also no purpose
served in applying the daytime-only
limitation of AM signal propagation to
FM translators.
4. The Order addresses comments by
proponents of low power FM (LPFM)
service that creating greater demand for
future FM translator authorizations by
allowing them to be used by AM as well
as FM stations could adversely affect
opportunities for new LPFM stations.
The Order agrees that flexibility for
future LPFM filing opportunities will be
maximized by limiting the rule change
to FM translator stations that the
Commission has already authorized.
Accordingly, the rule change is limited
to FM translator stations with licenses
or permits in effect as of May 1, 2009.
5. As with FM translators used to
rebroadcast FM stations, the Order finds
that ownership limits are not necessary
because the FM translator will not be an
independent ‘‘voice’’ in the local radio
market. However, the Order warns that
the rule change is not intended to allow
these cross-service translators to be used
as surrogates for FM stations or to
circumvent the Commission’s local
ownership limits. Accordingly, the
Order states that it will be considered an
abuse of the Commission’s rules to use
two or more cross-service translators to
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effectively create a de facto FM station
or to circumvent the local ownership
limits.
6. The full text of document FCC 09–
59 and copies of any subsequently filed
documents in this matter will be
available for public inspection and
copying during regular business hours
at the FCC Reference Information
Center, Portals II, 445 12th Street, SW.,
Room CY–A257, Washington, DC 20554.
Document FCC 09–59 and copies of
subsequently filed documents in this
matter also may be purchased from the
Commission’s duplicating contractor at
Portals II, 445 12th Street, SW., Room
CY–B402, Washington, DC 20554.
Customers may contact the
Commission’s duplicating contractor at
its Web site, https://www.bcpiweb.com,
or by calling 1–800–378–3160. To
request materials in accessible formats
for people with disabilities (Braille,
large print, electronic files, audio
format), send an e-mail to
mailto:fcc504@fcc.gov or call the
Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice), or
(202) 418–0432 (TTY). Document FCC
09–59 can also be downloaded in Word
at https://hraunfoss.fcc.gov/
edocs_public/attachmatch/FCC-0959A1.doc or Portable Document Format
(PDF) at https://hraunfoss.fcc.gov/
edocs_public/attachmatch/FCC-0959A1.pdf.
Congressional Review Act
The Commission will send a copy of
the Order in a report to be sent to
Congress and the Government
Accountability Office, pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
Final Paperwork Reduction Act of 1995
Analysis
The Order contains new and modified
information collection requirements
subject to the PRA. The information
collections 1 have been submitted to
OMB for review under section 3507 of
the PRA. OMB, the general public, and
other Federal agencies were invited to
comment on the modified information
collection requirements contained in
this proceeding.2 In addition, the
Commission notes pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–298, see 44 U.S.C.
3506(c)(4), that the Commission
previously sought specific comment on
how the Commission may ‘‘further
reduce the information collection
1 Information collection 3060–0029 is expected to
be submitted to OMB for review and approval at the
end of August 2009.
2 See 74 FR 37706, July 29, 2009, and 72 FR
62616, November 6, 2007.
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burden for small business concerns with
fewer than 25 employees.’’ We find that
the modified information collection
requirements must apply fully to small
entities (as well as to others) to ensure
compliance with our FM translator
rules, as described in the Order.
Final Regulatory Flexibility Analysis
1. As required by the Regulatory
Flexibility Act, as amended (RFA), an
Initial Regulatory Flexibility Analysis
(IRFA) was incorporated in the Notice of
Proposed Rulemaking (NPRM), 72 FR
62616, November 6, 2007, in this
proceeding. The Commission sought
written public comment on the
proposals in the NPRM, including
comment on the IRFA. The Commission
received no comments on the IRFA.
This Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
Need for and Objectives of the Rules
2. The Commission’s previous rules
precluded an FM translator from
rebroadcasting the signal of any station
other than that of any FM radio
broadcast station or FM translator. The
NPRM proposed to amend the
Commission’s rules to allow AM
broadcast stations to license and operate
FM translator stations. Based on the
support for this proposal in the record
and the experience gained by dozens of
AM stations operating FM translators
pursuant to special temporary authority
as contemplated by the NPRM, the
Commission concluded that allowing
AM stations to use currently authorized
FM translators to provide fill-in service
will benefit the listening public.
3. Specifically, allowing AM stations
to use currently authorized FM
translator stations to rebroadcast
programming within their intended
service areas will benefit the public by
improving the signal quality and
availability of AM programming,
overcoming limitations imposed by
interference, weak signal strength,
channel congestion and receiver quality.
This positive effect will further the goals
of localism, competition and diversity
in broadcasting. The use of an FM
translator is at the option of the
broadcast licensee, so this is a
permissive rule change rather than a
new requirement imposed on licensees.
4. The Order adopts rule changes
based on the technical proposal
submitted by the National Association
of Broadcasters, which 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
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station, or (b) the 25-mile radius of the
AM transmitter site. In order to protect
opportunities for future LPFM stations
in the already crowded FM spectrum,
the Order limits the scope of FM
translators that can be used to
retransmit AM programming to those
FM translators authorized by the
Commission through licenses or
construction permits in effect as of May
1, 2009.
5. Prior to this Order, the
Commission’s FM translator rules
excluded AM stations from eligibility
for this service. Accordingly, the Order
adopts certain rule changes necessary to
expand the purpose and permissible
service of FM translator stations to
allow their use as a fill-in service for
AM radio stations, including: (a)
Eligibility and ownership rules for FM
translators, allowing AM licensees to
acquire fill-in FM translator stations or
enter into rebroadcast consent
agreements with FM translator stations
for fill-in service; and (b) the rule on FM
translator program origination to allow
Class D AM stations to originate
programming on fill-in FM translators
during the hours that the Class D
stations are not authorized to operate.
The Order notes that AM licensees will
not be allowed to use reserved band FM
translators or low power FM stations for
fill-in service. The Order also makes
clear that the Commission will not
allow licensees to use combinations of
FM translator stations to create de facto
FM stations.
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Legal Basis
6. The authority for the action taken
in the Order is contained in sections 1,
4(i) and (j), 301, 302, 303, 307, 308, 309,
319, and 324 of the Communications
Act of 1934, as amended, 47 U.S.C. 151,
154(i) and (j), 301, 302, 303, 307, 308,
309, 319, and 324.
Summary of Significant Issues Raised
by Public Comments in Response to the
IRFA
7. The Commission received no
comments in direct response to the
IRFA. However, the Commission
received comments that discuss issues
of interest to small entities. These
comments are discussed in the section
of this FRFA discussing the steps taken
to minimize significant negative impact
on small entities, and the significant
alternatives considered. Description and
Estimate of the Number of Small
Entities to Which the Rules Will Apply.
8. The RFA directs the Commission to
provide a description of and, where
feasible, an estimate of the number of
small entities that will be affected by the
rules adopted herein. The RFA generally
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defines the term ‘‘small entity’’ as
having the same meaning as the terms
‘‘small business,’’ ‘‘small organization,’’
and ‘‘small government 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 SBA.
9. Radio Stations. The Small Business
Administration (SBA) defines a radio
broadcast station as a small business if
such station has no more than $7
million in annual receipts. Business
concerns included in this industry are
those primarily engaged in broadcasting
aural programs by radio to the public.
According to Commission staff review
of the BIA Publications, Inc. Master
Access Radio Analyzer Database on
September 23, 2008, about 10,520 of
11,012 commercial radio stations (or
about 95 percent) have revenues of $7
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, likely
overstates the number of small entities
that might be affected by our action,
because the revenue figure on which it
is based does not include or aggregate
revenues from affiliated companies.
10. 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 rules may
apply do not exclude any radio station
from the definition of a small business
on this basis and therefore may be overinclusive to that extent. Also as noted,
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.
11. FM translator stations and LPFM
stations. The same SBA definition that
applies to radio broadcast licensees
would apply to FM translator stations
and LPFM stations. The SBA defines a
radio broadcast station as a small
business if such station has no more
than $7 million in annual receipts.
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12. Currently, there are 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.
Description of Projected Reporting,
Recordkeeping and Other Compliance
Requirements
13. The Order provides for no changes
in the current application filing and
processing procedures for FM translator
stations, except that FCC Forms 303–S,
345, 349 and 350 (including related
instructions) will be modified to reflect
the revised purpose and eligibility
changes in the rules applicable to FM
translator stations. Unless otherwise
indicated, the Order provides for no
changes in the reporting, recordkeeping
and other compliance requirements for
FM translator stations.
Steps Taken To Minimize Significant
Negative Impact on Small Entities, and
Significant Alternatives Considered
14. The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
proposed approach, which may include
the following four alternatives (among
others): (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standards; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.
15. The Report and Order adopts rule
changes that will benefit some AM radio
stations by giving them the opportunity
to address daytime and nighttime
service problems by using an FM
translator to provide better signal
coverage. An example of a daytime
service problem is interference from a
man-made source such as fluorescent
lights and computers. An example of a
nighttime service problem is skywave
interference from other AM stations.
However, the use of FM translator
stations by AM radio stations is not
mandatory, and therefore some stations
may not seek to use an FM translator for
fill-in service. Other AM stations may
not be able to locate and purchase an
FM translator for their service areas. For
these reasons, the potential benefits of
the rule changes may not be realized by
all AM radio stations.
16. With respect to the issue of the
possible disparate impact of the
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proposed rules on smaller entities, we
believe that many small business
broadcasters will benefit from the
opportunity to improve their local
signal coverage as a result of the rule
changes. The record in the proceeding
also indicates that for AM radio stations
using FM translators to provide fill-in
service, there are benefits in signal
coverage for smaller as well as larger
entities. Furthermore, even if some
smaller AM stations do not opt to use
fill-in FM translators, the alternative
benefits to the radio industry in general
will offset this possible impact of the
rules we adopt today. As a result of
using fill-in FM translators, many AM
stations will become more competitive
by offering improved and more varied
programming, much of which may
advance service to local communities,
the FM translator service will be
improved, and the future of LPFM
service will remain under existing
protections.
17. Specifically, the record in the
proceeding also indicates that licensees
of FM translator stations will likely
benefit from the expansion in the scope
of permitted service by those stations,
because this will increase the demand
for, and the value of, their FM
translators. The record in the
proceeding includes arguments that the
rule changes will harm the future
development of LPFM service by
limiting the availability of spectrum
available for that service in future
application windows. The Order
acknowledges this potential for harm
and addresses it by limiting the scope of
the rule changes to FM translators
already authorized by the Commission.
The Commission has noted that the next
opportunity for filing applications for
new stations will be for LPFM stations,
and the limitation adopted in the Order
maximizes the opportunities that will be
available to potential LPFM applicants
in that window. The Order also
specifically notes that the Commission
does not intend to allow parties to
circumvent this limitation through
special temporary authority for new FM
translator service to retransmit AM
station programming.
18. One issue in the proceeding
regarding small entities is whether the
rule changes should be implemented
immediately for all AM stations or
phased in based on an AM station’s
class, ownership or competitive posture.
The Commission determined that
phased-in implementation is not
necessary in light of the limitation of the
rule change to already authorized FM
translator stations. The Commission also
found that the public interest benefits
and the benefits to AM station operators
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will be realized more quickly with
immediate implementation than with
phased-in implementation because
those benefits will be available at once
to all AM licensees instead of being
made available over time to different
types of licensees.
Ordering Clauses
Accordingly, it is ordered that
pursuant to the authority contained in
sections 1, 4(i) and (j), 301, 302, 303,
307, 308, 309, 319, and 324 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154(i) and (j),
301, 302, 303, 307, 308, 309, 319, and
324, this Report and Order and the rule
modifications attached hereto as
Appendix A ARE ADOPTED, effective
October 1, 2009. However, the
information collection requirements
contained in the Report and Order will
become effective following Office of
Management and Budget (OMB)
approval. It is our intention in adopting
these rule changes that, if any of the
rules that we retain, modify or adopt
today, or the application thereof to any
person or circumstance, are held to be
unlawful, the remaining portions of the
rules not be deemed unlawful, and the
application of such rules to other
persons or circumstances, shall remain
in effect to the fullest extent permitted
by law.
It is further ordered that the ‘‘Petition
for Rulemaking of the National
Association of Broadcasters,’’ RM–
11338 (filed July 14, 2006) is granted to
the extent indicated herein and is
otherwise denied.
It is further ordered that the ‘‘Petition
for Rulemaking of the American
Community AM Broadcasters
Association,’’ RM–9419 (filed August
13, 1997) is dismissed.
It is further ordered that the Media
Bureau will cancel all AM rebroadcast
STAs and dismiss all pending AM
rebroadcast STA requests as of the
effective date of this Report and Order.
It is further ordered that the Reference
Information Center, Consumer
Information Bureau, shall send a copy of
this Report and Order, including the
Final Regulatory Flexibility Analysis, to
the Chief Counsel for Advocacy of the
Small Business Administration.
List of Subjects in 47 CFR Part 74
Communications equipment,
Education, Radio, Reporting and
recordkeeping requirements, Research,
Television.
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Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rule Changes
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR Part 74 as
follows:
■
PART 74—EXPERIMENTAL RADIO,
AUXILIARY, SPECIAL BROADCAST
AND OTHER PROGRAM
DISTRIBUTIONAL SERVICES
1. The authority citation for part 74
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 307, 336(f),
336(h) and 554.
2. Section 74.1201 is amended by
revising paragraphs (a), (b), (c), (d), (e),
and (g), and adding paragraph (j) to read
as follows:
■
§ 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 radio broadcast
service to the general public.
(b) Commercial FM translator. An FM
broadcast translator station which
rebroadcasts the signals of a commercial
AM or 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
§ 2.1 of this chapter, unless the context
indicates otherwise.
*
*
*
*
*
(g) Translator coverage contour. For a
fill-in FM translator rebroadcasting an
FM radio broadcast station as its
primary station, the FM translator’s
coverage contour must be contained
within the primary station’s coverage
contour. For purposes of this rule
section, the coverage contour of the FM
translator has the same field strength
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value as the protected contour of the
primary FM station (i.e., for a
commercial Class B FM station it is the
predicted 0.5 mV/m field strength
contour, for a commercial Class B1 FM
station it is the predicted 0.7 mV/m
field strength contour, and for all other
classes of FM stations it is the predicted
1 mV/m field strength contour). The
coverage contour of an FM translator
rebroadcasting an AM radio broadcast
station as its primary 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. Section 74.1231 is amended by
redesignating paragraph (h) as
paragraph (i); adding new paragraph (h);
and revising paragraphs (a) and (b) to
read as follows:
mstockstill on DSKH9S0YB1PROD with RULES
§ 74.1231
service.
Purpose and permissible
(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 Class D 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
VerDate Nov<24>2008
16:24 Aug 31, 2009
Jkt 217001
noncommercial educational AM or FM
station it rebroadcasts complies with
either paragraph (b)(1) or (b)(2) of this
section:
(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 74.1231(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.
Note: For paragraphs 74.1231(b) and
74.1231(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
paragraphs 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.
*
*
*
*
*
(h) An FM translator station that
rebroadcasts a Class D AM radio
broadcast station as its primary station
may originate programming during the
hours the primary station is not
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
operating, subject to the provisions of
§ 74.1263(b) of this part.
*
*
*
*
*
■ 4. Section 74.1232 is amended by
adding the following sentences to the
end of paragraph (d) to read as follows:
§ 74.1232 Eligibility and licensing
requirements.
*
*
*
*
*
(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, or, in the case of an FM
translator authorized to operate on an
unreserved channel, to a party with a
valid rebroadcast consent agreement
with such a permittee or licensee to
rebroadcast that station as the
translator’s primary station. In addition,
any FM translator providing service to
an AM fill-in area must have been
authorized by a license or construction
permit in effect as of May 1, 2009. A
subsequent modification of any such
FM translator will not affect its
eligibility to rebroadcast an AM signal.
*
*
*
*
*
■ 5. Section 74.1263 is amended by
revising paragraph (b) to read as follows:
§ 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 Class D AM
stations may continue to operate during
nighttime hours only if the AM station
has operated within the last 24 hours.
*
*
*
*
*
■ 6. Section 74.1284 is amended by
revising paragraphs (b) and (c) to read
as follows:
§ 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
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
E:\FR\FM\01SER1.SGM
01SER1
Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations
broadcast station or another FM
translator.
[FR Doc. E9–21049 Filed 8–31–09; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0809251266–81485–02]
RIN 0648–XR11
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Commercial Quota Harvested for the
Commonwealth of Massachusetts
mstockstill on DSKH9S0YB1PROD with RULES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY: NMFS announces that the
2009 summer flounder commercial
quota allocated to the Commonwealth of
Massachusetts has been harvested.
Vessels issued a commercial Federal
fisheries permit for the summer
flounder fishery may not land summer
flounder in Massachusetts for the
remainder of calendar year 2009, unless
additional quota becomes available
through a transfer from another state.
Regulations governing the summer
flounder fishery require publication of
this notification to advise Massachusetts
that the quota has been harvested and to
advise vessel permit holders and dealer
permit holders that no commercial
quota is available for landing summer
flounder in Massachusetts.
DATES: Effective 0001 hours, September
1, 2009, through 2400 hours, December
31, 2009.
FOR FURTHER INFORMATION CONTACT:
Sarah Bland, Fishery Management
Specialist,(978) 281–9257.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found at 50 CFR
part 648. The regulations require annual
specification of a commercial quota that
is apportioned on a percentage basis
among the coastal states from North
Carolina through Maine. The process to
set the annual commercial quota and the
percent allocated to each state is
described in § 648.100.
The initial total commercial quota for
summer flounder for the 2009 calendar
year was set equal to 11,070,001 lb
(5,021 mt) (74 FR 29, January 2, 2009).
The percent allocated to vessels landing
VerDate Nov<24>2008
16:24 Aug 31, 2009
Jkt 217001
summer flounder in Massachusetts is
6.82046 percent, resulting in a
commercial quota of 755,025 lb (342
mt). The 2009 allocation was reduced to
702,614 lb (319 mt) when research setaside and 2008 quota overages were
deducted.
Section 648.101(b) requires the
Administrator, Northeast Region, NMFS
(Regional Administrator), to monitor
state commercial quotas and to
determine when a state’s commercial
quota has been harvested. NMFS then
publishes a notification in the Federal
Register to advise the state and to notify
Federal vessel and dealer permit holders
that, effective upon a specific date, the
state’s commercial quota has been
harvested and no commercial quota is
available for landing summer flounder
in that state. The Regional
Administrator has determined, based
upon dealer reports and other available
information, that Massachusetts has
harvested its quota for 2009.
The regulations at § 648.4(b) provide
that Federal permit holders agree, as a
condition of the permit, not to land
summer flounder in any state that the
Regional Administrator has determined
no longer has commercial quota
available. Therefore, effective 0001
hours, September 1, 2009, further
landings of summer flounder in
Massachusetts by vessels holding
summer flounder commercial Federal
fisheries permits are prohibited for the
remainder of the 2009 calendar year,
unless additional quota becomes
available through a transfer and is
announced in the Federal Register.
Effective 0001 hours, September 1,
2009, federally permitted dealers are
also notified that they may not purchase
summer flounder from federally
permitted vessels that land in
Massachusetts for the remainder of the
calendar year, or until additional quota
becomes available through a transfer
from another state.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 27, 2009.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–21052 Filed 8–27–09; 4:15 pm]
BILLING CODE 3510–22–S
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
45131
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–XL60
Fisheries of the Exclusive Economic
Zone Off Alaska; Loan Program for
Crab Quota Share; Amendment 33
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule: agency decision.
SUMMARY: NMFS announces the
approval of Amendment 33 to the
Fishery Management Plan for Bering
Sea/Aleutian Islands King and Tanner
Crabs (FMP). Amendment 33 amends
the FMP to allow NMFS to reduce the
amount of fees collected under the Crab
Rationalization Program to the amount
needed to finance the Federal loan
program for quota share purchase. The
amendment provides NMFS with the
flexibility to reserve only the amount of
fees necessary to support the loan
program, including no fees if none are
needed. This FMP amendment does not
require modifications to Federal
regulations.
DATES: This agency decision is effective
on August 24, 2009.
ADDRESSES: Electronic copies of
Amendment 33 and the Categorical
Exclusion for this action may be
obtained from the NMFS Alaska Region
website at https://
alaskafisheries.noaa.gov/.
FOR FURTHER INFORMATION CONTACT: Jeff
Hartman, 907–586–7442.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires that
each regional fishery management
council submit any fishery management
plan amendment it prepares to NMFS
for review and approval, disapproval, or
partial approval by the Secretary of
Commerce. The Magnuson-Stevens Act
also requires that NMFS, upon receiving
a fisheries management plan
amendment, immediately publish a
notice in the Federal Register
announcing that the amendment is
available for public review and
comment.
In April 2008, the North Pacific
Fishery Management Council (Council)
unanimously recommended
Amendment 33, and on May 19, 2009,
submitted Amendment 33 to the Fishery
Management Plan for Bering Sea/
E:\FR\FM\01SER1.SGM
01SER1
Agencies
[Federal Register Volume 74, Number 168 (Tuesday, September 1, 2009)]
[Rules and Regulations]
[Pages 45126-45131]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21049]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 74
[MB Docket No. 07-172; FCC 09-59]
Amendment of Service and Eligibility Rules for FM Broadcast
Translator Stations
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The FCC amended its FM translator rules to allow AM stations
to use currently authorized FM translators for ``fill-in'' service
within their current coverage areas, to help them provide a listenable
signal to their listeners and better serve their local communities.
DATES: Effective October 1, 2009, except for 47 CFR 74.1284, which
affects information collection requirements that are not effective
until approved by the Office of Management and Budget (OMB). The FCC
will publish a document in the Federal Register announcing the
effective date for that section.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Tom Hutton (legal issues) or James
Bradshaw (engineering issues), Media Bureau, Federal Communications
Commission, (202) 418-2700.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order (Order) in MB Docket No. 07-172, FCC 09-59, adopted and
released June 29, 2009, Amendment of Service and Eligibility Rules for
FM Broadcast Translator Stations. Previously, FM translators were only
authorized to rebroadcast FM radio stations and other FM translator
stations. The rule changes in the Order allow FM translators to
rebroadcast AM radio stations within those stations' current coverage
areas. In addition, AM stations with daytime-only facilities will be
allowed to originate programming on such FM translators during periods
when the AM stations are not operating. These changes are intended to
help AM stations provide a listenable signal throughout their current
coverage areas and better serve the listening public.
Synopsis of Order
1. The Order describes several limitations and competitive
challenges that AM stations face. The emergence of higher fidelity
sources of audio programming, including FM broadcasts, satellite radio,
personal media players and podcasts and audio streams provided through
the Internet, has eroded the audience for AM stations, particularly
among younger age groups. Sources of man-made interference have
multiplied, creating a higher level of interference to AM signals at
all hours. Skywave interference creates even greater problems starting
before sunset and continuing after sunrise. Although the Commission has
undertaken AM improvement efforts in the past, those efforts have not
overcome the fundamental problems of AM radio and the erosion of the AM
radio audience has increased to a point not previously experienced. The
Order finds that the record in this proceeding clearly indicates a
strong need and desire by
[[Page 45127]]
AM stations to supplement their signals with fill-in service from FM
translators, particularly to overcome nighttime signal limitations.
This record includes the experience of AM stations that have been
rebroadcasting on FM translators pursuant to special temporary
authority. Those stations reported that they greatly increased their
service to their local communities of service, particularly with drive-
time traffic and weather information and coverage of community events
taking place at night.
2. The purpose of the rule changes is to improve service by AM
stations within their current service areas, not to expand their
service areas. Accordingly, the Order provides that no portion of the
60 dBu contour of any FM translator station rebroadcasting an AM
station may extend beyond the smaller of: (a) A 25-mile radius from the
AM transmitter site; or (b) the 2 mV/m daytime contour of the AM
station. The Order finds that a policy of allowing de minimis
extensions beyond those limits would not serve the public interest.
3. The Order finds that Class D (daytime-only) AM stations should
be allowed to originate programming over fill-in FM translators during
the hours that their stations are not authorized to operate. This rule
change is consistent with the fundamental purpose of fill-in FM
translators, which is to provide continuity of service within licensed
service areas. There is also no purpose served in applying the daytime-
only limitation of AM signal propagation to FM translators.
4. The Order addresses comments by proponents of low power FM
(LPFM) service that creating greater demand for future FM translator
authorizations by allowing them to be used by AM as well as FM stations
could adversely affect opportunities for new LPFM stations. The Order
agrees that flexibility for future LPFM filing opportunities will be
maximized by limiting the rule change to FM translator stations that
the Commission has already authorized. Accordingly, the rule change is
limited to FM translator stations with licenses or permits in effect as
of May 1, 2009.
5. As with FM translators used to rebroadcast FM stations, the
Order finds that ownership limits are not necessary because the FM
translator will not be an independent ``voice'' in the local radio
market. However, the Order warns that the rule change is not intended
to allow these cross-service translators to be used as surrogates for
FM stations or to circumvent the Commission's local ownership limits.
Accordingly, the Order states that it will be considered an abuse of
the Commission's rules to use two or more cross-service translators to
effectively create a de facto FM station or to circumvent the local
ownership limits.
6. The full text of document FCC 09-59 and copies of any
subsequently filed documents in this matter will be available for
public inspection and copying during regular business hours at the FCC
Reference Information Center, Portals II, 445 12th Street, SW., Room
CY-A257, Washington, DC 20554. Document FCC 09-59 and copies of
subsequently filed documents in this matter also may be purchased from
the Commission's duplicating contractor at Portals II, 445 12th Street,
SW., Room CY-B402, Washington, DC 20554. Customers may contact the
Commission's duplicating contractor at its Web site, https://www.bcpiweb.com, or by calling 1-800-378-3160. To request materials in
accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an e-mail to
mailto:fcc504@fcc.gov or call the Consumer and Governmental Affairs
Bureau at (202) 418-0530 (voice), or (202) 418-0432 (TTY). Document FCC
09-59 can also be downloaded in Word at https://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-59A1.doc or Portable Document Format
(PDF) at https://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-59A1.pdf.
Congressional Review Act
The Commission will send a copy of the Order in a report to be sent
to Congress and the Government Accountability Office, pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
Final Paperwork Reduction Act of 1995 Analysis
The Order contains new and modified information collection
requirements subject to the PRA. The information collections \1\ have
been submitted to OMB for review under section 3507 of the PRA. OMB,
the general public, and other Federal agencies were invited to comment
on the modified information collection requirements contained in this
proceeding.\2\ In addition, the Commission notes pursuant to the Small
Business Paperwork Relief Act of 2002, Public Law 107-298, see 44
U.S.C. 3506(c)(4), that the Commission previously sought specific
comment on how the Commission may ``further reduce the information
collection burden for small business concerns with fewer than 25
employees.'' We find that the modified information collection
requirements must apply fully to small entities (as well as to others)
to ensure compliance with our FM translator rules, as described in the
Order.
---------------------------------------------------------------------------
\1\ Information collection 3060-0029 is expected to be submitted
to OMB for review and approval at the end of August 2009.
\2\ See 74 FR 37706, July 29, 2009, and 72 FR 62616, November 6,
2007.
---------------------------------------------------------------------------
Final Regulatory Flexibility Analysis
1. As required by the Regulatory Flexibility Act, as amended (RFA),
an Initial Regulatory Flexibility Analysis (IRFA) was incorporated in
the Notice of Proposed Rulemaking (NPRM), 72 FR 62616, November 6,
2007, in this proceeding. The Commission sought written public comment
on the proposals in the NPRM, including comment on the IRFA. The
Commission received no comments on the IRFA. This Final Regulatory
Flexibility Analysis (FRFA) conforms to the RFA.
Need for and Objectives of the Rules
2. The Commission's previous rules precluded an FM translator from
rebroadcasting the signal of any station other than that of any FM
radio broadcast station or FM translator. The NPRM proposed to amend
the Commission's rules to allow AM broadcast stations to license and
operate FM translator stations. Based on the support for this proposal
in the record and the experience gained by dozens of AM stations
operating FM translators pursuant to special temporary authority as
contemplated by the NPRM, the Commission concluded that allowing AM
stations to use currently authorized FM translators to provide fill-in
service will benefit the listening public.
3. Specifically, allowing AM stations to use currently authorized
FM translator stations to rebroadcast programming within their intended
service areas will benefit the public by improving the signal quality
and availability of AM programming, overcoming limitations imposed by
interference, weak signal strength, channel congestion and receiver
quality. This positive effect will further the goals of localism,
competition and diversity in broadcasting. The use of an FM translator
is at the option of the broadcast licensee, so this is a permissive
rule change rather than a new requirement imposed on licensees.
4. The Order adopts rule changes based on the technical proposal
submitted by the National Association of Broadcasters, which 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
[[Page 45128]]
station, or (b) the 25-mile radius of the AM transmitter site. In order
to protect opportunities for future LPFM stations in the already
crowded FM spectrum, the Order limits the scope of FM translators that
can be used to retransmit AM programming to those FM translators
authorized by the Commission through licenses or construction permits
in effect as of May 1, 2009.
5. Prior to this Order, the Commission's FM translator rules
excluded AM stations from eligibility for this service. Accordingly,
the Order adopts certain rule changes necessary to expand the purpose
and permissible service of FM translator stations to allow their use as
a fill-in service for AM radio stations, including: (a) Eligibility and
ownership rules for FM translators, allowing AM licensees to acquire
fill-in FM translator stations or enter into rebroadcast consent
agreements with FM translator stations for fill-in service; and (b) the
rule on FM translator program origination to allow Class D AM stations
to originate programming on fill-in FM translators during the hours
that the Class D stations are not authorized to operate. The Order
notes that AM licensees will not be allowed to use reserved band FM
translators or low power FM stations for fill-in service. The Order
also makes clear that the Commission will not allow licensees to use
combinations of FM translator stations to create de facto FM stations.
Legal Basis
6. The authority for the action taken in the Order is contained in
sections 1, 4(i) and (j), 301, 302, 303, 307, 308, 309, 319, and 324 of
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i) and
(j), 301, 302, 303, 307, 308, 309, 319, and 324.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
7. The Commission received no comments in direct response to the
IRFA. However, the Commission received comments that discuss issues of
interest to small entities. These comments are discussed in the section
of this FRFA discussing the steps taken to minimize significant
negative impact on small entities, and the significant alternatives
considered. Description and Estimate of the Number of Small Entities to
Which the Rules Will Apply.
8. The RFA directs the Commission to provide a description of and,
where feasible, an estimate of the number of small entities that will
be affected by the rules adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small government
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 SBA.
9. Radio Stations. The Small Business Administration (SBA) defines
a radio broadcast station as a small business if such station has no
more than $7 million in annual receipts. Business concerns included in
this industry are those primarily engaged in broadcasting aural
programs by radio to the public. According to Commission staff review
of the BIA Publications, Inc. Master Access Radio Analyzer Database on
September 23, 2008, about 10,520 of 11,012 commercial radio stations
(or about 95 percent) have revenues of $7 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, likely overstates the number of small entities
that might be affected by our action, because the revenue figure on
which it is based does not include or aggregate revenues from
affiliated companies.
10. 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 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 as noted, 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.
11. FM translator stations and LPFM stations. The same SBA
definition that applies to radio broadcast licensees would apply to FM
translator stations and LPFM stations. The SBA defines a radio
broadcast station as a small business if such station has no more than
$7 million in annual receipts.
12. Currently, there are 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.
Description of Projected Reporting, Recordkeeping and Other Compliance
Requirements
13. The Order provides for no changes in the current application
filing and processing procedures for FM translator stations, except
that FCC Forms 303-S, 345, 349 and 350 (including related instructions)
will be modified to reflect the revised purpose and eligibility changes
in the rules applicable to FM translator stations. Unless otherwise
indicated, the Order provides for no changes in the reporting,
recordkeeping and other compliance requirements for FM translator
stations.
Steps Taken To Minimize Significant Negative Impact on Small Entities,
and Significant Alternatives Considered
14. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.
15. The Report and Order adopts rule changes that will benefit some
AM radio stations by giving them the opportunity to address daytime and
nighttime service problems by using an FM translator to provide better
signal coverage. An example of a daytime service problem is
interference from a man-made source such as fluorescent lights and
computers. An example of a nighttime service problem is skywave
interference from other AM stations. However, the use of FM translator
stations by AM radio stations is not mandatory, and therefore some
stations may not seek to use an FM translator for fill-in service.
Other AM stations may not be able to locate and purchase an FM
translator for their service areas. For these reasons, the potential
benefits of the rule changes may not be realized by all AM radio
stations.
16. With respect to the issue of the possible disparate impact of
the
[[Page 45129]]
proposed rules on smaller entities, we believe that many small business
broadcasters will benefit from the opportunity to improve their local
signal coverage as a result of the rule changes. The record in the
proceeding also indicates that for AM radio stations using FM
translators to provide fill-in service, there are benefits in signal
coverage for smaller as well as larger entities. Furthermore, even if
some smaller AM stations do not opt to use fill-in FM translators, the
alternative benefits to the radio industry in general will offset this
possible impact of the rules we adopt today. As a result of using fill-
in FM translators, many AM stations will become more competitive by
offering improved and more varied programming, much of which may
advance service to local communities, the FM translator service will be
improved, and the future of LPFM service will remain under existing
protections.
17. Specifically, the record in the proceeding also indicates that
licensees of FM translator stations will likely benefit from the
expansion in the scope of permitted service by those stations, because
this will increase the demand for, and the value of, their FM
translators. The record in the proceeding includes arguments that the
rule changes will harm the future development of LPFM service by
limiting the availability of spectrum available for that service in
future application windows. The Order acknowledges this potential for
harm and addresses it by limiting the scope of the rule changes to FM
translators already authorized by the Commission. The Commission has
noted that the next opportunity for filing applications for new
stations will be for LPFM stations, and the limitation adopted in the
Order maximizes the opportunities that will be available to potential
LPFM applicants in that window. The Order also specifically notes that
the Commission does not intend to allow parties to circumvent this
limitation through special temporary authority for new FM translator
service to retransmit AM station programming.
18. One issue in the proceeding regarding small entities is whether
the rule changes should be implemented immediately for all AM stations
or phased in based on an AM station's class, ownership or competitive
posture. The Commission determined that phased-in implementation is not
necessary in light of the limitation of the rule change to already
authorized FM translator stations. The Commission also found that the
public interest benefits and the benefits to AM station operators will
be realized more quickly with immediate implementation than with
phased-in implementation because those benefits will be available at
once to all AM licensees instead of being made available over time to
different types of licensees.
Ordering Clauses
Accordingly, it is ordered that pursuant to the authority contained
in sections 1, 4(i) and (j), 301, 302, 303, 307, 308, 309, 319, and 324
of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i)
and (j), 301, 302, 303, 307, 308, 309, 319, and 324, this Report and
Order and the rule modifications attached hereto as Appendix A ARE
ADOPTED, effective October 1, 2009. However, the information collection
requirements contained in the Report and Order will become effective
following Office of Management and Budget (OMB) approval. It is our
intention in adopting these rule changes that, if any of the rules that
we retain, modify or adopt today, or the application thereof to any
person or circumstance, are held to be unlawful, the remaining portions
of the rules not be deemed unlawful, and the application of such rules
to other persons or circumstances, shall remain in effect to the
fullest extent permitted by law.
It is further ordered that the ``Petition for Rulemaking of the
National Association of Broadcasters,'' RM-11338 (filed July 14, 2006)
is granted to the extent indicated herein and is otherwise denied.
It is further ordered that the ``Petition for Rulemaking of the
American Community AM Broadcasters Association,'' RM-9419 (filed August
13, 1997) is dismissed.
It is further ordered that the Media Bureau will cancel all AM
rebroadcast STAs and dismiss all pending AM rebroadcast STA requests as
of the effective date of this Report and Order.
It is further ordered that the Reference Information Center,
Consumer Information Bureau, shall send a copy of this Report and
Order, including the Final Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 74
Communications equipment, Education, Radio, Reporting and
recordkeeping requirements, Research, Television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR Part 74 as follows:
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
1. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.
0
2. Section 74.1201 is amended by revising paragraphs (a), (b), (c),
(d), (e), and (g), and adding paragraph (j) to read 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 radio broadcast
service to the general public.
(b) Commercial FM translator. An FM broadcast translator station
which rebroadcasts the signals of a commercial AM or 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. For a fill-in FM translator
rebroadcasting an FM radio broadcast station as its primary station,
the FM translator's coverage contour must be contained within the
primary station's coverage contour. For purposes of this rule section,
the coverage contour of the FM translator has the same field strength
[[Page 45130]]
value as the protected contour of the primary FM station (i.e., for a
commercial Class B FM station it is the predicted 0.5 mV/m field
strength contour, for a commercial Class B1 FM station it is the
predicted 0.7 mV/m field strength contour, and for all other classes of
FM stations it is the predicted 1 mV/m field strength contour). The
coverage contour of an FM translator rebroadcasting an AM radio
broadcast station as its primary 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.
0
3. Section 74.1231 is amended by redesignating paragraph (h) as
paragraph (i); adding new paragraph (h); and revising paragraphs (a)
and (b) 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 Class D
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:
(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 74.1231(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.
Note: For paragraphs 74.1231(b) and 74.1231(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 paragraphs 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.
* * * * *
(h) An FM translator station that rebroadcasts a Class D AM radio
broadcast station as its primary station may originate programming
during the hours the primary station is not operating, subject to the
provisions of Sec. 74.1263(b) of this part.
* * * * *
0
4. Section 74.1232 is amended by adding the following sentences to the
end of paragraph (d) to read as follows:
Sec. 74.1232 Eligibility and licensing requirements.
* * * * *
(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, or, in the case of an FM translator
authorized to operate on an unreserved channel, to a party with a valid
rebroadcast consent agreement with such a permittee or licensee to
rebroadcast that station as the translator's primary station. In
addition, any FM translator providing service to an AM fill-in area
must have been authorized by a license or construction permit in effect
as of May 1, 2009. A subsequent modification of any such FM translator
will not affect its eligibility to rebroadcast an AM signal.
* * * * *
0
5. Section 74.1263 is amended 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 Class D AM stations may continue to operate during
nighttime hours only if the AM station has operated within the last 24
hours.
* * * * *
0
6. Section 74.1284 is amended 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 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
[[Page 45131]]
broadcast station or another FM translator.
[FR Doc. E9-21049 Filed 8-31-09; 8:45 am]
BILLING CODE 6712-01-P