Digital Audio Broadcasting Systems and Their Impact on the Terrestrial Radio Broadcast Service, 17874-17878 [2010-8012]
Download as PDF
17874
Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations
of the Small Business Administration,
and will be published in the Federal
Register.
C. Congressional Review Act
12. The Commission will send a copy
of the Report and Order in a report to
be sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act.
List of Subjects
Rule Changes
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR parts 36
and 54 as follows:
■
PART 36—JURISDICTIONAL
SEPARATIONS PROCEDURES;
STANDARD PROCEDURES FOR
SEPARATING
TELECOMMUNICATIONS PROPERTY
COSTS, REVENUES, EXPENSES,
TAXES AND RESERVES FOR
TELECOMMUNICATIONS COMPANIES
1. The authority citation continues to
read as follows:
■
Authority: 47 U.S.C. 151, 154(i), 154(j),
205, 221(c), 254, 403, and 410 unless
otherwise noted.
2. Section 36.125 is amended by
revising paragraph (j) to read as follows:
§ 36.125 Local switching equipment—
Category 3.
sroberts on DSKD5P82C1PROD with RULES
Local switching support.
(a) * * *
(2) * * *
(ii) If the number of a study area’s
access lines increases such that, under
§ 36.125(f) of this chapter, the weighted
interstate DEM factor for 1997 or any
successive year would be reduced, that
lowered weighted interstate DEM factor
shall be applied to the study area’s 1996
unweighted interstate DEM factor to
derive a new local switching support
factor. If the number of a study area’s
access lines decreases or has decreased
such that, under § 36.125(f) of this
chapter, the weighted interstate DEM
factor for 2010 or any successive year
would be raised, that higher weighted
interstate DEM factor shall be applied to
the study area’s 1996 unweighted
interstate DEM factor to derive a new
local switching support factor.
*
*
*
*
*
[FR Doc. 2010–8010 Filed 4–7–10; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
■
*
*
*
*
(j) If the number of a study area’s
access lines increases such that, under
§ 36.125(f), the weighted interstate DEM
factor for 1997 or any successive year
would be reduced, that lowered
weighted interstate DEM factor shall be
applied to the study area’s 1996
unweighted interstate DEM factor to
derive a new local switching support
factor. If the number of a study area’s
access lines decreases or has decreased
such that, under § 36.125(f), the
weighted interstate DEM factor for 2010
or any successive year would be raised,
that higher weighted interstate DEM
Jkt 220001
Authority: 47 U.S.C. 151, 154(i), 201, 205,
214, and 254 unless otherwise noted.
§ 54.301
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
15:46 Apr 07, 2010
3. The authority citation continues to
read as follows:
■
4. Section 54.301 is amended by
revising paragraph (a)(2)(ii) to read as
follows:
47 CFR Part 54
Communications common carriers,
Health facilities, Infants and children,
Libraries, Reporting and recordkeeping
requirements, Schools,
Telecommunications, Telephone.
VerDate Nov<24>2008
PART 54—UNIVERSAL SERVICE
■
47 CFR Part 36
Reporting and recordkeeping
requirements, Telecommunications,
Telephone.
*
factor shall be applied to the study
area’s 1996 unweighted interstate DEM
factor to derive a new local switching
support factor.
[MM Docket No. 99–325; DA 10–208]
Digital Audio Broadcasting Systems
and Their Impact on the Terrestrial
Radio Broadcast Service
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: The Media Bureau adopts
changes in the digital audio
broadcasting (DAB) rules to permit FM
radio stations to voluntarily increase FM
hybrid digital effective radiated power
(ERP), and implements interference
mitigation and remediation procedures
to resolve promptly allegations of digital
interference to authorized full-service
FM analog stations resulting from an FM
digital ERP increase undertaken
pursuant to the procedures adopted.
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
The increase in FM hybrid digital ERP
will allow an FM station’s digital
coverage area to more closely replicate
its licensed analog coverage area, and
the interference mitigation and
remediation procedures will make
certain that permissible increases in FM
digital ERP do not adversely affect
existing FM analog operations. These
rule changes balance the immediate
need for improved FM digital coverage
with the continued need to limit
interference from digital FM facilities to
FM analog stations.
DATES: Effective May 10, 2010.
FOR FURTHER INFORMATION CONTACT:
Peter H. Doyle or Susan N. Crawford,
Media Bureau, Federal Communications
Commission, 202–418–2700.
SUPPLEMENTARY INFORMATION: This is a
summary of the Media Bureau’s Order
in MM Docket No. 99–325, adopted
January 27, 2010, and released January
29, 2010.
Background and Related Documents
In the First Report and Order in MM
Docket No. 99–325 (See 67 FR 78193,
December 12, 2002), the Commission
adopted rules permitting terrestrial
radio stations to begin hybrid digital
operations, i.e. the simultaneous
transmission of analog and digital
signals, using the in band-on channel
(IBOC) DAB system developed by
iBiquity Digital Corporation (iBiquity).
As adopted, the IBOC DAB system
permitted an FM station to operate with
digital effective radiated power (ERP)
equal to one percent (1%) of its analog
ERP.
In 2007, after over four years of realworld hybrid digital operation by over
1,100 FM stations, it was apparent to
both FM station licensees and the IBOC
system developer that the coverage from
an FM station’s hybrid digital facilities
was significantly less than the coverage
from its analog facilities, and that this
digital coverage shortfall was a direct
result of the very low FM digital ERP
permitted. Several FM station licensees
and the IBOC system developer
undertook an experimental field test
program to determine the FM digital
ERP required for hybrid digital coverage
to replicate analog coverage. Based on
their results, in June 2008, a group of
FM stations licensees and FM
transmission equipment manufacturers
(Joint Parties) submitted a technical
report of these studies prepared by
iBiquity, and asked the Commission to
increase maximum permissible FM
digital ERP to ten percent (10%) of
analog ERP for nearly all FM stations.
The Joint Parties also requested that the
Commission establish procedures to
E:\FR\FM\08APR1.SGM
08APR1
Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations
investigate and resolve allegations of
harmful interference from increased
power digital operations. Shortly
thereafter, National Public Radio (NPR)
submitted a technical study disputing
the results of the iBiquity study and
opposing an unqualified increase in FM
digital ERP based on its prediction of
substantial interference to authorized
analog FM operations. The Commission
sought public comment on issues and
technical studies related to the proposed
FM digital ERP increase by Public
Notice DA 08–2340 on October 23,
2008, and Public Notice DA 09–1127 on
May 22, 2009 (See 74 FR 27985, June 12,
2009). Over 60 parties filed comments
in response to each of these notices. In
November 2009, NPR filed an additional
technical study. Based on the results of
that study, NPR reached an agreement
with iBiquity on an increase in FM
Digital ERP acceptable to both parties.
NPR and iBiquity jointly filed this
agreement, along with their proposal
requesting that the Commission permit
a blanket increase in FM Digital ERP to
four percent (4%) of analog ERP for all
FM stations except those with licensed
facilities exceeding their allowable class
maximum, and permit FM stations
meeting certain criteria to increase
digital ERP up to a maximum of 10% of
analog ERP. Additionally, they
requested that the Commission adopt
specific procedures and requirements to
address and resolve complaints of
interference to licensed full-service
analog FM stations resulting from
increased FM digital ERP operation, and
asked that the Commission reserve the
right to revisit the FM digital ERP
increase issue should harmful
interference be widespread.
sroberts on DSKD5P82C1PROD with RULES
Synopsis of Order
Based on seven years of hybrid digital
operation by over 1,500 FM stations that
were free of well-documented
interference complaints, and review and
analysis of detailed technical studies
and voluminous public comments
submitted to the Commission, the Media
Bureau concluded that it is necessary
and prudent to increase maximum
permissible FM digital ERP to improve
FM digital coverage, and to eliminate
regulatory impediments to FM digital
radio’s ability to realize its full potential
and deliver its promised benefits.
Specifically, this Order takes the
following actions:
1. Increases maximum permissible
hybrid FM digital ERP to 10% of
authorized analog power.
2. Permits most FM stations to
immediately commence operation with
FM digital ERP equal to 4% of
VerDate Nov<24>2008
15:46 Apr 07, 2010
Jkt 220001
authorized analog power without prior
approval from the Commission.
3. Establishes application procedures
for FM stations desiring to increase FM
digital ERP to more than 4% of
authorized analog ERP.
4. Establishes interference
remediation procedures that require the
Media Bureau to review and resolve
each bona fide interference complaint
within 90 days of Bureau receipt of the
complaint, and details required tiered
digital ERP reductions for the alleged
interfering digital station should the
Bureau fail to act in the allowable 90day period.
5. Reserves the right of the
Commission to revisit the issue of FM
digital ERP levels if harmful and
significant interference results to
existing analog FM operations.
Document Availability
The full text of this document and all
related documents are available for
public inspection and copying during
regular business hours in the
Commission’s Reference Information
Center, Portals II, 445 12th Street, SW.,
Room CY–A257, Washington, DC 20554,
and may also be purchased from the
Commission’s copy contractor, BCPI,
Inc., Portals II, 445 12th Street, SW.,
Room CY–B402, Washington, DC 20554.
Customers may contact BCPI, Inc. via
their Web site, https://www.bcpi.com, or
by telephone at 1–800–378–3160.
Additionally, all documents are
available for download using the
Commission’s Electronic Comment
Filing System at https://fjallfoss.fcc.gov/
ecfs/. This document is available in
alternative formats (computer diskette,
large print, audio record and Braille).
Persons with disabilities who need
documents in these formats may contact
Brian Millin at (202) 418–7426 (voice),
(202) 418–7365 (TTY), or via e-mail at
Brian.Millin@fcc.gov.
Final Paperwork Reduction Act
Analysis. This Order adopts a new or
revised information collection
requirement(s) subject to the Paperwork
Reduction Act of 1995 (‘‘PRA’’), Public
Law 104–13 (44 U.S.C. 3501–3520). The
requirement will be submitted to the
Office of Management and Budget
(OMB) for review under section 3507 of
the PRA. The Commission published a
separate notice in the Federal Register
inviting comment on the new or revised
information collection requirement(s)
adopted in this document (See 75 FR
10266, March 5, 2010). The
requirement(s) will not go into effect
until OMB has approved it and the
Commission has published a notice
announcing the effective date of the
information collection requirement(s).
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
17875
In addition, we note that pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4), we previously sought
specific comment on how the
Commission might ‘‘further reduce the
information collection burden for small
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 rules, as described in the
Report and Order.
Final Regulatory Flexibility Act
Analysis. As required by the Regulatory
Flexibility Act (RFA),1 as amended, an
Initial Regulatory Flexibility Analysis
(IRFA) was incorporated in the FM
Digital Power Increase and Associated
Technical Studies Notice of Proposed
Rules in this proceeding (See 74 FR
27985, June 12, 2009). The Commission
sought written public comment on the
proposals in the Notice of Proposed
Rules section, including comment on
the IRFA. The Commission received no
comments specifically on the IRFA.
This Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
Need For and Objectives of the
Proposed Rules. The Commission’s
current rules limit the maximum
permissible digital effective radiated
power for FM stations (FM Digital ERP)
to 1 percent of a station’s authorized
analog effective radiated power (Analog
ERP) (20 decibels below carrier (¥20
dBc)). Operating pursuant to that
limitation, many stations have observed
deficiencies in their digital signal
coverage as compared to the coverage of
their analog signal, particularly with
regard to portable and indoor listening.
A group consisting of 18 broadcasters
that operate over 1200 commercial and
noncommercial educational (NCE) FM
radio stations throughout the United
States and the 4 largest manufacturers of
broadcast transmission equipment,
collectively identifying themselves as
the ‘‘Joint Parties,’’ filed with the
Commission a request that the
maximum permissible FM Digital ERP
be increased to 10 percent of a station’s
authorized Analog ERP (¥10 dBc) to
allow stations to improve their digital
coverage (Joint Parties’ Request). Filed
concurrently with and in support of the
Joint Parties’ Request was a technical
report on the proposed increase,
prepared by iBiquity Digital Corporation
(‘‘iBiquity’’). National Public Radio
1 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et
seq., has been amended by the Contract With
America Advancement Act of 1996, Pub. L. 104–
121, 110 Stat. 847 (1996) (CWAAA). Title II of the
CWAAA is the Small Business Regulatory
Enforcement Fairness Act of 1996 (SBREFA).
E:\FR\FM\08APR1.SGM
08APR1
17876
Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations
sroberts on DSKD5P82C1PROD with RULES
(NPR) subsequently submitted its
Corporation for Public Broadcasting
(CPB)-supported research on FM digital
radio coverage and interference at
higher power levels and expressed its
opposition to the Joint Parties’ Request,
citing interference concerns. The Media
Bureau (Bureau) issued a public notice
seeking comment on the Joint Parties’
Request and the iBiquity and NPR
technical studies.2
NPR subsequently announced that it
would complete additional studies on
FM DAB at higher power levels, which
it stated would be released in September
2009. The Bureau thereafter issued a
second public notice in which it
specifically asked whether an increase
in maximum authorized FM digital
operating power is warranted, and
whether it should defer consideration of
a power increase until completion of
and comment on the further NPR
studies.3 In response, the majority of
commenters stated that improvements
to FM digital coverage are necessary for
the successful consumer adoption of FM
DAB technology. Some commenters
stated, however, that the Bureau should
delay any increase until completion of
and comment on the further NPR
studies, in order to ensure that higherpowered digital operation does not
cause unacceptable interference to first
adjacent analog stations.
On November 4, 2009, NPR submitted
the results of its additional FM Digital
ERP increase studies, ‘‘Report to the FCC
on the Advanced IBOC Coverage and
Compatibility Study’’ (AICCS Project
Report), to the Commission. Based on its
AICCS Project Report findings, NPR
concluded that a blanket 6 dB increase
in FM Digital ERP (from ¥20 dBc to
¥14 dBc) was acceptable for most FM
stations, and that using a formula it
developed based on its testing, certain
FM stations could increase FM Digital
ERP up to a maximum of 10 dB (from
¥20 dBc to ¥10 dBc).
Based on the results of the AICCS
Project Report and the five years of
generally interference-free FM hybrid
digital operations by approximately
1500 stations, the Order adopts rule
changes to allow eligible authorized FM
stations to commence operation of FM
digital facilities with operating power
up to ¥14 dBc upon notice to the
Commission (licensees of a super2 Comment Sought on Joint Parties Request for
FM Digital Power Increase and Associated
Technical Studies, Public Notice, DA 08–2340 (MB
rel. Oct. 23, 2008).
3 Comment Sought on Specific Issues Regarding
Joint Parties’ Request for FM Digital Power Increase
and Associated Technical Studies, Public Notice,
24 FCC Rcd (MB 2009) (DA 09–1127).
VerDate Nov<24>2008
15:46 Apr 07, 2010
Jkt 220001
powered FM station 4 must file an
informal request for any increase in the
station’s FM Digital ERP). The rule
changes will further allow licensees to
submit an application to the Media
Bureau, in the form of an informal
request, for any increase in FM Digital
ERP beyond 6 dB. Licensees submitting
such a request must use a simplified
method set forth in the Order to
determine the proponent station’s
maximum permissible FM Digital ERP.
In situations where the simplified
method is not applicable due to unusual
terrain or other environmental or
technical considerations or when it
produces anomalous FM Digital ERP
results, the Bureau will accept
applications for FM Digital ERP in
excess of ¥14 dBc. Such an application
must be accompanied by a detailed
showing containing a complete
explanation of the prediction
methodology used as well as data, maps
and sample calculations. The Media
Bureau will evaluate these applications
on a case-by-case basis. Finally, the
Order implements interference
mitigation and remediation procedures
to resolve promptly allegations of digital
interference to an authorized FM analog
facility resulting from an FM Digital
ERP power increase undertaken
pursuant to the procedures adopted in
the Order. Specifically, if an analog FM
station is receiving verifiable listener
complaints of interference within its
protected contour from FM digital
facilities operating with FM Digital ERP
in excess of ¥20 dBc, the licensee of the
affected analog FM station must contact
the licensee of the station operating the
FM digital facilities. Stations are
required to work cooperatively to
confirm the instances of interference. If
the stations fail to reach agreement on
appropriate interference remediation
measures, the licensee of the affected
analog FM station may file an
interference complaint with the Bureau.
The rule changes adopted in the
Order balance the pressing need for
improved FM digital coverage with the
continued need to limit interference to
first-adjacent analog stations. The rules
will allow an FM station’s digital signal
to more closely approximate the
coverage of their analog signal,
improving service to listeners, and
provide a detailed mechanism for
resolving interference complaints, thus
providing regulatory certainty as this
4 Super-powered FM stations are stations that
have effective radiated powers in excess of the
maximum permitted for their class, or stations with
authorized facilities that produce a reference
contour that exceeds the pertinent maximum class
contour distance, as specified in § 73.211.
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
relatively new service continues to
develop.
Summary of Significant Issues Raised
by Public Comments in Response to the
IRFA. In the IRFA, the Bureau sought
comment regarding how small entities
would be affected if the Commission
were to adopt an increase in maximum
digital operating power, whether such
adoption could result in the disparate
treatment of small entities with limited
financial and/or technical resources,
and any information on alternative
approaches to alleviate any potential
burdens on small entities. The
Commission received no comments
specifically in response to the IRFA.
Description and Estimate of the
Number of Small Entities to Which the
Proposed Rules Will Apply. The RFA
directs the Commission to provide a
description of and, where feasible, an
estimate of the number of small entities
that will be affected by the proposed
rules.5 The RFA generally defines the
term ‘‘small entity’’ as encompassing the
terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
entity.’’ 6 In addition, the term ‘‘small
business’’ has the same meaning as the
term ‘‘small business concern’’ under the
Small Business Act.7 A small business
concern is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the Small Business
Administration (SBA).8 The proposed
rules and policies potentially will apply
to all FM radio broadcasting licensees
and potential licensees.
The SBA defines a radio broadcasting
station that has $7 million or less in
annual receipts as a small business.9 A
radio broadcasting station is an
establishment primarily engaged in
broadcasting aural programs by radio to
the public.10 Included in this industry
are commercial, religious, educational,
and other radio stations.11 Radio
broadcasting stations which primarily
are engaged in radio broadcasting and
which produce radio program materials
55
U.S.C. 603(b)(3).
U.S.C. 601(6).
7 5 U.S.C. 601(3) (incorporating by reference the
definition of ‘‘small business concern’’ in the Small
Business Act, 15 U.S.C. 632). Pursuant to 5 U.S.C.
601(3), the statutory definition of a small business
applies ‘‘unless an agency, after consultation with
the Office of Advocacy of the Small Business
Administration and after opportunity for public
comment, establishes one or more definitions of
such term which are appropriate to the activities of
the agency and publishes such definition(s) in the
Federal Register.’’
8 15 U.S.C. 632.
9 See 13 CFR 121.201, NAICS Code 515112
(changed from 513112 in October 2002).
10 Id.
11 Id.
65
E:\FR\FM\08APR1.SGM
08APR1
sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations
are similarly included.12 According to
Commission staff review of the BIA
Financial Network, Inc. Media Access
Radio Analyzer Database as of February
19, 2009, about 10,600 (96 percent) of
11,050 commercial radio stations in the
United States have revenues of $7
million or less. We note that many radio
stations are affiliated with much larger
corporations having much higher
revenue. Our estimate, therefore, likely
overstates the number of small entities
that might be affected by our action.
Description of Projected Reporting,
Recordkeeping and Other Compliance
Requirements. The increase of FM
Digital ERP as authorized in the Order
is at the option of the licensee. As noted
above, a broadcast licensee may opt not
to increase its power and will thus incur
no costs. To the extent that a licensee
chooses to increase its digital operating
power, the associated burdens and costs
depend on the nature of the increase.
The rule changes will allow eligible
authorized FM stations to commence
operation of FM digital facilities with
operating power up to ¥14 dBc upon
notice to the Commission. The rule
changes will further allow licensees to
submit an application to the Media
Bureau, in the form of an informal
request, for any increase in FM Digital
ERP beyond 6 dB (or, in the case of
super-powered stations, any increase in
its Digital ERP). Licensees submitting
such a request must use a simplified
method set forth in the Order to
determine the proponent station’s
maximum permissible FM Digital ERP.
In situations where the simplified
method is not applicable due to unusual
terrain or other environmental or
technical considerations or when it
produces anomalous FM Digital ERP
results, the Bureau will accept
applications for FM Digital ERP in
excess of ¥14 dBc on a case-by-case
basis when accompanied by a detailed
showing containing a complete
explanation of the prediction
methodology used as well as data, maps
and sample calculations.
Steps Taken to Minimize Significant
Impact on Small Entities, and
Significant Alternatives Considered. The
RFA requires an agency to describe any
significant alternatives that it has
considered in reaching its proposed
approach, which may include the
following four alternatives (among
others): (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
12 Id.
VerDate Nov<24>2008
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.13
In the Order, we take actions that may
affect FM stations that are small entities
by providing them the opportunity to
operate at higher digital power levels.
Prior to the instant rule changes,
broadcasting in digital was optional for
FM stations, and it will remain optional
for FM stations following the rule
changes. As a result, FM radio stations
of all sizes may choose to take no action
in response to the rule changes. In
addition, FM radio stations already
broadcasting in digital will not be
required to take any action under the
new rule if they continue operation at
one percent of their Analog ERP levels,
the maximum FM Digital ERP
previously authorized, because the
authorized increases in FM Digital ERP
adopted in the Order are voluntary. In
other words, small entities may
continue to operate as authorized prior
to today’s rule changes if they lack, for
instance, the resources to make
investments in equipment necessary to
implement a digital power increase. We
acknowledge that an argument could be
made by smaller entities that they could
face an unacceptable disproportionate
burden because of a comparative lack of
capital and other resources. This
argument suggests that the adopted rule
changes places smaller entities at a
resultant disadvantage in relation to
larger entities. However, we reject such
an argument because allowing such
voluntary upgrades will ultimately
provide: (1) Improved digital coverage;
(2) the advancement of digital radio
technology; (3) increased listenership;
(4) greater regulatory certainty; (5)
flexibility to licensees in the timing and
scope of the rollout of their digital radio
services; and (6) the facilitation of
informed decisions regarding equipment
purchases that will best serve licensees’
needs. Allowing licensees to voluntarily
increase their Digital ERP will, in the
long run, prove to impose a lesser
burden on smaller entities than
alternative measures, such as making
digital power increases compulsory or
prohibiting increases altogether. In light
of these considerations, the Bureau has
determined that the rule changes will
not have a significant disproportionate
impact on small entities.
Report to Congress. The Commission
will send a copy of this Order, including
the FRFA, in a report to be sent to
Congress and the Government
13 5
17:39 Apr 07, 2010
Jkt 220001
PO 00000
U.S.C. 603(b).
Frm 00029
Fmt 4700
Accountability Office pursuant to the
SBREFA.14
Legal Basis
The authority for the actions taken in
this Order is contained in sections 1,
4(i), 301, 302, 303, 307, 308, 309, 319,
and 324 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154(i),
301, 302, 303, 307, 308, 309, 319, and
324, as well as the authority delegated
to the Media Bureau by the Commission
in the Second Report and Order (See 72
FR 45670, August 15, 2007) in this
proceeding.
List of Subjects in 47 CFR Part 73
Radio.
Federal Communications Commission.
William T. Lake,
Chief, Media Bureau.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR Part 73 as
follows:
■
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for Part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336,
and 339.
2. Section 73.404 is amended by
revising paragraphs (a) and (e)(5) as
follows:
■
§ 73.404 Interim hybrid IBOC DAB
operation.
(a) The licensee of an AM or FM
station, or the permittee of a new AM or
FM station which has commenced
program test operation pursuant to
§ 73.1620, may commence interim
hybrid IBOC DAB operation with digital
facilities which conform to the technical
specifications specified for hybrid DAB
operation in the First Report and Order
in MM Docket No. 99–325, as revised in
the Media Bureau’s subsequent Order in
MM Docket No. 99–325. FM stations are
permitted to operate with hybrid digital
effective radiated power equal to one
percent (¥20 decibels below carrier
(dBc)) of authorized analog effective
radiated power and may operate with
up to ten percent (¥10 dBc) of
authorized analog effective radiated
power in accordance with the
procedures set forth in the Media
Bureau’s Order in MM Docket No. 99–
325. An AM or FM station may transmit
IBOC signals during all hours for which
the station is licensed to broadcast.
*
*
*
*
*
14 See
Sfmt 4700
17877
E:\FR\FM\08APR1.SGM
5 U.S.C. 801(a)(1)(A).
08APR1
17878
Federal Register / Vol. 75, No. 67 / Thursday, April 8, 2010 / Rules and Regulations
(e) * * *
(5) FM digital effective radiated power
used and certification that the FM
analog effective radiated power remains
as authorized;
*
*
*
*
*
[FR Doc. 2010–8012 Filed 4–7–10; 8:45 am]
sroberts on DSKD5P82C1PROD with RULES
BILLING CODE 6712–01–P
VerDate Nov<24>2008
15:46 Apr 07, 2010
Jkt 220001
PO 00000
Frm 00030
Fmt 4700
Sfmt 9990
E:\FR\FM\08APR1.SGM
08APR1
Agencies
[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Rules and Regulations]
[Pages 17874-17878]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8012]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 99-325; DA 10-208]
Digital Audio Broadcasting Systems and Their Impact on the
Terrestrial Radio Broadcast Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Media Bureau adopts changes in the digital audio
broadcasting (DAB) rules to permit FM radio stations to voluntarily
increase FM hybrid digital effective radiated power (ERP), and
implements interference mitigation and remediation procedures to
resolve promptly allegations of digital interference to authorized
full-service FM analog stations resulting from an FM digital ERP
increase undertaken pursuant to the procedures adopted. The increase in
FM hybrid digital ERP will allow an FM station's digital coverage area
to more closely replicate its licensed analog coverage area, and the
interference mitigation and remediation procedures will make certain
that permissible increases in FM digital ERP do not adversely affect
existing FM analog operations. These rule changes balance the immediate
need for improved FM digital coverage with the continued need to limit
interference from digital FM facilities to FM analog stations.
DATES: Effective May 10, 2010.
FOR FURTHER INFORMATION CONTACT: Peter H. Doyle or Susan N. Crawford,
Media Bureau, Federal Communications Commission, 202-418-2700.
SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's
Order in MM Docket No. 99-325, adopted January 27, 2010, and released
January 29, 2010.
Background and Related Documents
In the First Report and Order in MM Docket No. 99-325 (See 67 FR
78193, December 12, 2002), the Commission adopted rules permitting
terrestrial radio stations to begin hybrid digital operations, i.e. the
simultaneous transmission of analog and digital signals, using the in
band-on channel (IBOC) DAB system developed by iBiquity Digital
Corporation (iBiquity). As adopted, the IBOC DAB system permitted an FM
station to operate with digital effective radiated power (ERP) equal to
one percent (1%) of its analog ERP.
In 2007, after over four years of real-world hybrid digital
operation by over 1,100 FM stations, it was apparent to both FM station
licensees and the IBOC system developer that the coverage from an FM
station's hybrid digital facilities was significantly less than the
coverage from its analog facilities, and that this digital coverage
shortfall was a direct result of the very low FM digital ERP permitted.
Several FM station licensees and the IBOC system developer undertook an
experimental field test program to determine the FM digital ERP
required for hybrid digital coverage to replicate analog coverage.
Based on their results, in June 2008, a group of FM stations licensees
and FM transmission equipment manufacturers (Joint Parties) submitted a
technical report of these studies prepared by iBiquity, and asked the
Commission to increase maximum permissible FM digital ERP to ten
percent (10%) of analog ERP for nearly all FM stations. The Joint
Parties also requested that the Commission establish procedures to
[[Page 17875]]
investigate and resolve allegations of harmful interference from
increased power digital operations. Shortly thereafter, National Public
Radio (NPR) submitted a technical study disputing the results of the
iBiquity study and opposing an unqualified increase in FM digital ERP
based on its prediction of substantial interference to authorized
analog FM operations. The Commission sought public comment on issues
and technical studies related to the proposed FM digital ERP increase
by Public Notice DA 08-2340 on October 23, 2008, and Public Notice DA
09-1127 on May 22, 2009 (See 74 FR 27985, June 12, 2009). Over 60
parties filed comments in response to each of these notices. In
November 2009, NPR filed an additional technical study. Based on the
results of that study, NPR reached an agreement with iBiquity on an
increase in FM Digital ERP acceptable to both parties. NPR and iBiquity
jointly filed this agreement, along with their proposal requesting that
the Commission permit a blanket increase in FM Digital ERP to four
percent (4%) of analog ERP for all FM stations except those with
licensed facilities exceeding their allowable class maximum, and permit
FM stations meeting certain criteria to increase digital ERP up to a
maximum of 10% of analog ERP. Additionally, they requested that the
Commission adopt specific procedures and requirements to address and
resolve complaints of interference to licensed full-service analog FM
stations resulting from increased FM digital ERP operation, and asked
that the Commission reserve the right to revisit the FM digital ERP
increase issue should harmful interference be widespread.
Synopsis of Order
Based on seven years of hybrid digital operation by over 1,500 FM
stations that were free of well-documented interference complaints, and
review and analysis of detailed technical studies and voluminous public
comments submitted to the Commission, the Media Bureau concluded that
it is necessary and prudent to increase maximum permissible FM digital
ERP to improve FM digital coverage, and to eliminate regulatory
impediments to FM digital radio's ability to realize its full potential
and deliver its promised benefits. Specifically, this Order takes the
following actions:
1. Increases maximum permissible hybrid FM digital ERP to 10% of
authorized analog power.
2. Permits most FM stations to immediately commence operation with
FM digital ERP equal to 4% of authorized analog power without prior
approval from the Commission.
3. Establishes application procedures for FM stations desiring to
increase FM digital ERP to more than 4% of authorized analog ERP.
4. Establishes interference remediation procedures that require the
Media Bureau to review and resolve each bona fide interference
complaint within 90 days of Bureau receipt of the complaint, and
details required tiered digital ERP reductions for the alleged
interfering digital station should the Bureau fail to act in the
allowable 90-day period.
5. Reserves the right of the Commission to revisit the issue of FM
digital ERP levels if harmful and significant interference results to
existing analog FM operations.
Document Availability
The full text of this document and all related documents are
available for public inspection and copying during regular business
hours in the Commission's Reference Information Center, Portals II, 445
12th Street, SW., Room CY-A257, Washington, DC 20554, and may also be
purchased from the Commission's copy contractor, BCPI, Inc., Portals
II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. Customers
may contact BCPI, Inc. via their Web site, https://www.bcpi.com, or by
telephone at 1-800-378-3160. Additionally, all documents are available
for download using the Commission's Electronic Comment Filing System at
https://fjallfoss.fcc.gov/ecfs/. This document is available in
alternative formats (computer diskette, large print, audio record and
Braille). Persons with disabilities who need documents in these formats
may contact Brian Millin at (202) 418-7426 (voice), (202) 418-7365
(TTY), or via e-mail at Brian.Millin@fcc.gov.
Final Paperwork Reduction Act Analysis. This Order adopts a new or
revised information collection requirement(s) subject to the Paperwork
Reduction Act of 1995 (``PRA''), Public Law 104-13 (44 U.S.C. 3501-
3520). The requirement will be submitted to the Office of Management
and Budget (OMB) for review under section 3507 of the PRA. The
Commission published a separate notice in the Federal Register inviting
comment on the new or revised information collection requirement(s)
adopted in this document (See 75 FR 10266, March 5, 2010). The
requirement(s) will not go into effect until OMB has approved it and
the Commission has published a notice announcing the effective date of
the information collection requirement(s). In addition, we note that
pursuant to the Small Business Paperwork Relief Act of 2002, Public Law
107-198, see 44 U.S.C. 3506(c)(4), we previously sought specific
comment on how the Commission might ``further reduce the information
collection burden for small 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 rules, as described in the Report and
Order.
Final Regulatory Flexibility Act Analysis. As required by the
Regulatory Flexibility Act (RFA),\1\ as amended, an Initial Regulatory
Flexibility Analysis (IRFA) was incorporated in the FM Digital Power
Increase and Associated Technical Studies Notice of Proposed Rules in
this proceeding (See 74 FR 27985, June 12, 2009). The Commission sought
written public comment on the proposals in the Notice of Proposed Rules
section, including comment on the IRFA. The Commission received no
comments specifically on the IRFA. This Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
---------------------------------------------------------------------------
\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has
been amended by the Contract With America Advancement Act of 1996,
Pub. L. 104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA
is the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA).
---------------------------------------------------------------------------
Need For and Objectives of the Proposed Rules. The Commission's
current rules limit the maximum permissible digital effective radiated
power for FM stations (FM Digital ERP) to 1 percent of a station's
authorized analog effective radiated power (Analog ERP) (20 decibels
below carrier (-20 dBc)). Operating pursuant to that limitation, many
stations have observed deficiencies in their digital signal coverage as
compared to the coverage of their analog signal, particularly with
regard to portable and indoor listening. A group consisting of 18
broadcasters that operate over 1200 commercial and noncommercial
educational (NCE) FM radio stations throughout the United States and
the 4 largest manufacturers of broadcast transmission equipment,
collectively identifying themselves as the ``Joint Parties,'' filed
with the Commission a request that the maximum permissible FM Digital
ERP be increased to 10 percent of a station's authorized Analog ERP (-
10 dBc) to allow stations to improve their digital coverage (Joint
Parties' Request). Filed concurrently with and in support of the Joint
Parties' Request was a technical report on the proposed increase,
prepared by iBiquity Digital Corporation (``iBiquity''). National
Public Radio
[[Page 17876]]
(NPR) subsequently submitted its Corporation for Public Broadcasting
(CPB)-supported research on FM digital radio coverage and interference
at higher power levels and expressed its opposition to the Joint
Parties' Request, citing interference concerns. The Media Bureau
(Bureau) issued a public notice seeking comment on the Joint Parties'
Request and the iBiquity and NPR technical studies.\2\
---------------------------------------------------------------------------
\2\ Comment Sought on Joint Parties Request for FM Digital Power
Increase and Associated Technical Studies, Public Notice, DA 08-2340
(MB rel. Oct. 23, 2008).
---------------------------------------------------------------------------
NPR subsequently announced that it would complete additional
studies on FM DAB at higher power levels, which it stated would be
released in September 2009. The Bureau thereafter issued a second
public notice in which it specifically asked whether an increase in
maximum authorized FM digital operating power is warranted, and whether
it should defer consideration of a power increase until completion of
and comment on the further NPR studies.\3\ In response, the majority of
commenters stated that improvements to FM digital coverage are
necessary for the successful consumer adoption of FM DAB technology.
Some commenters stated, however, that the Bureau should delay any
increase until completion of and comment on the further NPR studies, in
order to ensure that higher-powered digital operation does not cause
unacceptable interference to first adjacent analog stations.
---------------------------------------------------------------------------
\3\ Comment Sought on Specific Issues Regarding Joint Parties'
Request for FM Digital Power Increase and Associated Technical
Studies, Public Notice, 24 FCC Rcd (MB 2009) (DA 09-1127).
---------------------------------------------------------------------------
On November 4, 2009, NPR submitted the results of its additional FM
Digital ERP increase studies, ``Report to the FCC on the Advanced IBOC
Coverage and Compatibility Study'' (AICCS Project Report), to the
Commission. Based on its AICCS Project Report findings, NPR concluded
that a blanket 6 dB increase in FM Digital ERP (from -20 dBc to -14
dBc) was acceptable for most FM stations, and that using a formula it
developed based on its testing, certain FM stations could increase FM
Digital ERP up to a maximum of 10 dB (from -20 dBc to -10 dBc).
Based on the results of the AICCS Project Report and the five years
of generally interference-free FM hybrid digital operations by
approximately 1500 stations, the Order adopts rule changes to allow
eligible authorized FM stations to commence operation of FM digital
facilities with operating power up to -14 dBc upon notice to the
Commission (licensees of a super-powered FM station \4\ must file an
informal request for any increase in the station's FM Digital ERP). The
rule changes will further allow licensees to submit an application to
the Media Bureau, in the form of an informal request, for any increase
in FM Digital ERP beyond 6 dB. Licensees submitting such a request must
use a simplified method set forth in the Order to determine the
proponent station's maximum permissible FM Digital ERP. In situations
where the simplified method is not applicable due to unusual terrain or
other environmental or technical considerations or when it produces
anomalous FM Digital ERP results, the Bureau will accept applications
for FM Digital ERP in excess of -14 dBc. Such an application must be
accompanied by a detailed showing containing a complete explanation of
the prediction methodology used as well as data, maps and sample
calculations. The Media Bureau will evaluate these applications on a
case-by-case basis. Finally, the Order implements interference
mitigation and remediation procedures to resolve promptly allegations
of digital interference to an authorized FM analog facility resulting
from an FM Digital ERP power increase undertaken pursuant to the
procedures adopted in the Order. Specifically, if an analog FM station
is receiving verifiable listener complaints of interference within its
protected contour from FM digital facilities operating with FM Digital
ERP in excess of -20 dBc, the licensee of the affected analog FM
station must contact the licensee of the station operating the FM
digital facilities. Stations are required to work cooperatively to
confirm the instances of interference. If the stations fail to reach
agreement on appropriate interference remediation measures, the
licensee of the affected analog FM station may file an interference
complaint with the Bureau.
---------------------------------------------------------------------------
\4\ Super-powered FM stations are stations that have effective
radiated powers in excess of the maximum permitted for their class,
or stations with authorized facilities that produce a reference
contour that exceeds the pertinent maximum class contour distance,
as specified in Sec. 73.211.
---------------------------------------------------------------------------
The rule changes adopted in the Order balance the pressing need for
improved FM digital coverage with the continued need to limit
interference to first-adjacent analog stations. The rules will allow an
FM station's digital signal to more closely approximate the coverage of
their analog signal, improving service to listeners, and provide a
detailed mechanism for resolving interference complaints, thus
providing regulatory certainty as this relatively new service continues
to develop.
Summary of Significant Issues Raised by Public Comments in Response
to the IRFA. In the IRFA, the Bureau sought comment regarding how small
entities would be affected if the Commission were to adopt an increase
in maximum digital operating power, whether such adoption could result
in the disparate treatment of small entities with limited financial
and/or technical resources, and any information on alternative
approaches to alleviate any potential burdens on small entities. The
Commission received no comments specifically in response to the IRFA.
Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply. The RFA directs the Commission to
provide a description of and, where feasible, an estimate of the number
of small entities that will be affected by the proposed rules.\5\ The
RFA generally defines the term ``small entity'' as encompassing the
terms ``small business,'' ``small organization,'' and ``small
governmental entity.'' \6\ In addition, the term ``small business'' has
the same meaning as the term ``small business concern'' under the Small
Business Act.\7\ A small business concern is one which: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA).\8\ The proposed rules and policies
potentially will apply to all FM radio broadcasting licensees and
potential licensees.
---------------------------------------------------------------------------
\5\ 5 U.S.C. 603(b)(3).
\6\ 5 U.S.C. 601(6).
\7\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in the Small Business Act, 15 U.S.C.
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a
small business applies ``unless an agency, after consultation with
the Office of Advocacy of the Small Business Administration and
after opportunity for public comment, establishes one or more
definitions of such term which are appropriate to the activities of
the agency and publishes such definition(s) in the Federal
Register.''
\8\ 15 U.S.C. 632.
---------------------------------------------------------------------------
The SBA defines a radio broadcasting station that has $7 million or
less in annual receipts as a small business.\9\ A radio broadcasting
station is an establishment primarily engaged in broadcasting aural
programs by radio to the public.\10\ Included in this industry are
commercial, religious, educational, and other radio stations.\11\ Radio
broadcasting stations which primarily are engaged in radio broadcasting
and which produce radio program materials
[[Page 17877]]
are similarly included.\12\ According to Commission staff review of the
BIA Financial Network, Inc. Media Access Radio Analyzer Database as of
February 19, 2009, about 10,600 (96 percent) of 11,050 commercial radio
stations in the United States have revenues of $7 million or less. We
note that many radio stations are affiliated with much larger
corporations having much higher revenue. Our estimate, therefore,
likely overstates the number of small entities that might be affected
by our action.
---------------------------------------------------------------------------
\9\ See 13 CFR 121.201, NAICS Code 515112 (changed from 513112
in October 2002).
\10\ Id.
\11\ Id.
\12\ Id.
---------------------------------------------------------------------------
Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements. The increase of FM Digital ERP as authorized
in the Order is at the option of the licensee. As noted above, a
broadcast licensee may opt not to increase its power and will thus
incur no costs. To the extent that a licensee chooses to increase its
digital operating power, the associated burdens and costs depend on the
nature of the increase. The rule changes will allow eligible authorized
FM stations to commence operation of FM digital facilities with
operating power up to -14 dBc upon notice to the Commission. The rule
changes will further allow licensees to submit an application to the
Media Bureau, in the form of an informal request, for any increase in
FM Digital ERP beyond 6 dB (or, in the case of super-powered stations,
any increase in its Digital ERP). Licensees submitting such a request
must use a simplified method set forth in the Order to determine the
proponent station's maximum permissible FM Digital ERP. In situations
where the simplified method is not applicable due to unusual terrain or
other environmental or technical considerations or when it produces
anomalous FM Digital ERP results, the Bureau will accept applications
for FM Digital ERP in excess of -14 dBc on a case-by-case basis when
accompanied by a detailed showing containing a complete explanation of
the prediction methodology used as well as data, maps and sample
calculations.
Steps Taken to Minimize Significant Impact on Small Entities, and
Significant Alternatives Considered. The RFA requires an agency to
describe any significant alternatives that it has considered in
reaching its proposed approach, which may include the following four
alternatives (among others): (1) The establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for small entities; (3) the use
of performance, rather than design, standards; and (4) an exemption
from coverage of the rule, or any part thereof, for small entities.\13\
---------------------------------------------------------------------------
\13\ 5 U.S.C. 603(b).
---------------------------------------------------------------------------
In the Order, we take actions that may affect FM stations that are
small entities by providing them the opportunity to operate at higher
digital power levels. Prior to the instant rule changes, broadcasting
in digital was optional for FM stations, and it will remain optional
for FM stations following the rule changes. As a result, FM radio
stations of all sizes may choose to take no action in response to the
rule changes. In addition, FM radio stations already broadcasting in
digital will not be required to take any action under the new rule if
they continue operation at one percent of their Analog ERP levels, the
maximum FM Digital ERP previously authorized, because the authorized
increases in FM Digital ERP adopted in the Order are voluntary. In
other words, small entities may continue to operate as authorized prior
to today's rule changes if they lack, for instance, the resources to
make investments in equipment necessary to implement a digital power
increase. We acknowledge that an argument could be made by smaller
entities that they could face an unacceptable disproportionate burden
because of a comparative lack of capital and other resources. This
argument suggests that the adopted rule changes places smaller entities
at a resultant disadvantage in relation to larger entities. However, we
reject such an argument because allowing such voluntary upgrades will
ultimately provide: (1) Improved digital coverage; (2) the advancement
of digital radio technology; (3) increased listenership; (4) greater
regulatory certainty; (5) flexibility to licensees in the timing and
scope of the rollout of their digital radio services; and (6) the
facilitation of informed decisions regarding equipment purchases that
will best serve licensees' needs. Allowing licensees to voluntarily
increase their Digital ERP will, in the long run, prove to impose a
lesser burden on smaller entities than alternative measures, such as
making digital power increases compulsory or prohibiting increases
altogether. In light of these considerations, the Bureau has determined
that the rule changes will not have a significant disproportionate
impact on small entities.
Report to Congress. The Commission will send a copy of this Order,
including the FRFA, in a report to be sent to Congress and the
Government Accountability Office pursuant to the SBREFA.\14\
---------------------------------------------------------------------------
\14\ See 5 U.S.C. 801(a)(1)(A).
---------------------------------------------------------------------------
Legal Basis
The authority for the actions taken in this Order is contained in
sections 1, 4(i), 301, 302, 303, 307, 308, 309, 319, and 324 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 301,
302, 303, 307, 308, 309, 319, and 324, as well as the authority
delegated to the Media Bureau by the Commission in the Second Report
and Order (See 72 FR 45670, August 15, 2007) in this proceeding.
List of Subjects in 47 CFR Part 73
Radio.
Federal Communications Commission.
William T. Lake,
Chief, Media Bureau.
Final Rules
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR Part 73 as follows:
PART 73--RADIO BROADCAST SERVICES
0
1. The authority citation for Part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, 336, and 339.
0
2. Section 73.404 is amended by revising paragraphs (a) and (e)(5) as
follows:
Sec. 73.404 Interim hybrid IBOC DAB operation.
(a) The licensee of an AM or FM station, or the permittee of a new
AM or FM station which has commenced program test operation pursuant to
Sec. 73.1620, may commence interim hybrid IBOC DAB operation with
digital facilities which conform to the technical specifications
specified for hybrid DAB operation in the First Report and Order in MM
Docket No. 99-325, as revised in the Media Bureau's subsequent Order in
MM Docket No. 99-325. FM stations are permitted to operate with hybrid
digital effective radiated power equal to one percent (-20 decibels
below carrier (dBc)) of authorized analog effective radiated power and
may operate with up to ten percent (-10 dBc) of authorized analog
effective radiated power in accordance with the procedures set forth in
the Media Bureau's Order in MM Docket No. 99-325. An AM or FM station
may transmit IBOC signals during all hours for which the station is
licensed to broadcast.
* * * * *
[[Page 17878]]
(e) * * *
(5) FM digital effective radiated power used and certification that
the FM analog effective radiated power remains as authorized;
* * * * *
[FR Doc. 2010-8012 Filed 4-7-10; 8:45 am]
BILLING CODE 6712-01-P