FM Asymmetric Sideband Operation and Associated Technical Studies, 72885-72888 [2011-30598]
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Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Proposed Rules
(b)(2)(i)(A) of this section and, where
necessary, terminating the
correspondent account, except to the
extent that such indirect access to the
correspondent accounts is necessary to
conduct transactions involving Iranian
banking institutions that are: (1)
Authorized pursuant to Executive
Orders issued under IEEPA or pursuant
to 31 CFR Chapter V, including
transactions authorized by the Office of
Foreign Assets Control; (2), exempted
from the prohibitions of such authority;
or (3) not prohibited by such authority.
(3) Recordkeeping and reporting.
(i) A covered financial institution is
required to document its compliance
with the notice requirement set forth in
paragraph (b)(2)(i)(A) of this section.
(ii) Nothing in this section shall
require a covered financial institution to
report any information not otherwise
required to be reported by law or
regulation.
Dated: November 18, 2011.
James H. Freis, Jr.,
Director, Financial Crimes Enforcement
Network.
[FR Doc. 2011–30331 Filed 11–25–11; 8:45 am]
BILLING CODE 4810–02–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–0017–201014(b) &
EPA–R04–OAR–2010–0018–201001(b);
FRL–9495–8]
Approval and Promulgation of Air
Quality Implementation Plans: South
Carolina; Negative Declarations for
Groups I, II, III and IV Control
Techniques Guidelines; and
Reasonably Available Control
Technology
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
several State Implementation Plan (SIP)
revisions submitted by the South
Carolina Department of Health and
Environmental Control (SC DHEC).
These revisions establish reasonably
available control technology (RACT)
requirements for the three major sources
located in the portion of York County,
South Carolina that is within the bi-state
Charlotte-Gastonia-Rock Hill, North
Carolina-South Carolina 1997 8-hour
ozone nonattainment area that either
emit volatile organic compounds,
nitrogen oxides or both. The bi-state
Charlotte-Gastonia-Rock Hill 1997 8-
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SUMMARY:
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hour ozone nonattainment area is
hereinafter referred to as the ‘‘bi-state
Charlotte Area.’’ In addition, South
Carolina’s SIP revisions include
negative declarations for certain source
categories for which EPA has control
technique guidelines, meaning that SC
DHEC has concluded that no such
sources are located in that portion of the
nonattainment area. EPA has evaluated
the proposed revisions to South
Carolina’s SIP, and has preliminarily
concluded that they are consistent with
statutory and regulatory requirements
and EPA guidance.
DATES: Written comments must be
received on or before December 28,
2011.
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2010–0017 and EPA–R04–OAR–
2010–0018 by one of the following
methods:
1. https://www.regulations.gov: Follow
the online instructions for submitting
comments.
2. Email: benjamin.lynorae@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: ‘‘EPA–R04–OAR–2010–0017’’
for comments regarding the RACT
demonstration and the negative
declarations for Groups I and I CTG.
‘‘EPA–R04–OAR–2010–0018’’ for
comments regarding the negative
declarations for Groups III and IV CTG.
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Lynorae
Benjamin, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal
holidays.
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
ADDRESSES:
Zuri
Farngalo, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. Zuri
Farngalo may be reached by phone at
FOR FURTHER INFORMATION CONTACT:
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(404) 562–9152 or by electronic mail
address farngalo.zuri@epa.gov.
SUPPLEMENTARY INFORMATION: On March
12, 2008, EPA issued a revised ozone
NAAQS. See 73 FR 16436. EPA
subsequently announced a
reconsideration of the 2008 NAAQS,
and proposed new 8-hour ozone
NAAQS in January 2010. See 75 Fr
2938. In September 2011, EPA withdrew
the proposed reconsidered NAAQS and
began implementation of the 2008
NAAQS. The current action, however, is
being taken to address requirements
under the 1997 ozone NAAQS for a
portion of York County, South Carolina.
Requirements for the bi-state Charlotte
Area under the 2008 NAAQS will be
addressed in the future.
For additional information see the
direct final rule which is published in
the Rules Section of this Federal
Register. In the Final Rules Section of
this Federal Register, EPA is approving
the State’s SIP revision as a direct final
rule without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this rule, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period
on this document. Any parties
interested in commenting on this
document should do so at this time.
Dated: November 7, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2011–30297 Filed 11–25–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MM Docket No. 99–325; DA 11–1832]
FM Asymmetric Sideband Operation
and Associated Technical Studies
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission seeks
comment on a request by certain private
parties, identified below, that the
Commission authorize voluntary
asymmetric digital sideband power for
SUMMARY:
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Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Proposed Rules
FM stations. This document establishes
a period for public comment on this
request and on two related technical
reports.
Comments for this proceeding
may be filed on or before December 19,
2011 and reply comments may be filed
on or before January 3, 2012.
ADDRESSES: You may submit comments,
identified by MM Docket No. 99–325, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• Email: ecfs@fcc.gov. Include the
docket number in the subject line of the
message. See the SUPPLEMENTARY
INFORMATION section of this document
for detailed information on how to
submit comments by email.
• Mail: 445 12th Street SW.,
Washington, DC 20554.
• People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: FCC504@fcc.gov
or phone: (202) 418–0530 or TTY: (202)
418–0432.
For detailed instructions for submitting
comments and additional information
on the rulemaking process, see the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Peter H. Doyle, Chief, Media Bureau,
Audio Division, at (202) 418–2700;
Susan Crawford, Ann Gallagher, or
Charles Miller, Media Bureau, Audio
Division, at (202) 418–2700.
SUPPLEMENTARY INFORMATION: This is a
summary of a Public Notice released by
the Media Bureau on November 1, 2011.
The full text of this document is
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. The complete
text of this document also may be
purchased from the Commission’s copy
contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street SW., Room
CY–B402, Washington, DC 20554,
telephone (202) 488–5300, facsimile
(202) 488–5563 or via email
FCC@BCPIWEB.com. The full text may
also be downloaded at https://
www.fcc.gov. Pursuant to §§ 1.415 and
1.419 of the Commission’s rules, 47 CFR
1.415, 1.419, interested parties may file
comments and reply comments on or
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DATES:
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before the dates indicated on the first
page of this document. Comments may
be filed using: (1) The Commission’s
Electronic Comment Filing System
(ECFS), (2) the Federal Government’s
eRulemaking Portal, or (3) by filing
paper copies. See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
• Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the ECFS: https://www.fcc.gov/
cbg/ecfs, or the Federal eRulemaking
Portal: https://www.regulations.gov.
Filers should follow the instructions
provided on the Web sites for
submitting comments.
• For ECFS filers, in completing the
transmittal screen, filers should include
their full name, U.S. Postal Service
mailing address, and the applicable
docket number: MM Docket No. 99–325.
Parties may also submit an electronic
comment by Internet email. To get filing
instructions, filers should send an email
to ecfs@fcc.gov, and include the
following words in the body of the
message, ‘‘get form.’’ A sample form and
instructions will be sent in response.
• Paper Filers: Parties who choose to
file by paper must file an original and
four copies of each filing. Filings can be
sent by hand or messenger delivery, by
commercial overnight courier, or by
first-class or overnight U.S. Postal
Service mail (although the Commission
continues to experience delays in
receiving U.S. Postal Service mail). All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission. The Commission’s
contractor will receive hand-delivered
or messenger-delivered paper filings for
the Commission’s Secretary at 236
Massachusetts Avenue NE., Suite 110,
Washington, DC 20002. The filing hours
at this location are 8 a.m. to 7 p.m. All
hand deliveries must be held together
with rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building. Commercial
overnight mail (other than U.S. Postal
Service Express Mail and Priority Mail)
must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743. U.S.
Postal Service first-class mail, Express
Mail, and Priority Mail should be
addressed to 445 12th Street SW.,
Washington, DC 20554.
• Copies of the reports and any
subsequently filed documents in this
matter may be obtained electronically at
https://www.fcc.gov/e-file/ecfs.html, and
in paper form from BCPI during normal
business hours in the Commission’s
Reference Information Center located at
445 12th Street SW., Room CY–A257,
Washington, DC, 20554.
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• Alternate formats of this Public
Notice (computer diskette, large print,
audio recording or Braille) are available
to persons with disabilities by
contacting the Consumer and
Governmental Affairs Bureau at (202)
418–0530 or (202) 418–7365 (TTY).
Summary of Public Notice
On October 4, 2011, representatives of
iBiquity Digital Corporation (iBiquity)
and National Public Radio, Inc. (NPR)
met with Media Bureau staff to discuss
the possibility of permitting FM stations
to operate with unequal digital sideband
power levels. Concurrently, iBiquity
filed a technical report that discusses
the field performance of asymmetric
digital sideband operation by FM
stations. On October 24, 2011, NPR filed
a report describing the results of field
testing of asymmetric FM digital
sidebands used in conjunction with the
testing of newly-developed technology
for reducing the peak-to-average power
ratio in digital transmitters. Based on
these reports, iBiquity and NPR
requested that the Commission
authorize voluntary asymmetric digital
sideband power for FM stations. On
November 1, 2011, the Media Bureau
released the ‘‘November 1, 2011, Public
Notice’’ soliciting comments on the
iBiquity and NPR request and the two
related technical reports. Comment
Sought on Request for FM Asymmetric
Sideband Operation and Associated
Technical Studies, MM Docket No. 99–
325, Public Notice, DA 11–1832 (MB rel.
Nov. 1, 2011).
The iBiquity and NPR request and the
iBiquity and NPR technical studies are
available electronically from the
Commission’s Electronic Comment
Filing System under MM Docket No.
99–235 at https://fjallfoss.fcc.gov/ecfs/
comments/view?id=6016844127 and
https://fjallfoss.fcc.gov/ecfs/document/
view?id=7021717638, respectively; or
from the Commission’s duplicating
contractor, Best Copy and Printing, Inc.,
445 12th Street SW., Room CY–B402,
Washington, DC 20554, 1–(800) 378–
3160. The Media Bureau seeks comment
on the issues identified above. The
Bureau also seeks comment on the
Initial Regulatory Flexibility Analysis
below. This action is taken under
delegated authority pursuant to §§ 0.61
and 0.283 of the Commission’s rules, 47
CFR 0.61, 0.283, and the Second IBOC
Order (Digital Audio Broadcasting
Systems and Their Impact on the
Terrestrial Radio Broadcast Service,
Second Report and Order, First Order
on Reconsideration and Second Further
Notice of Proposed Rulemaking, 22 FCC
Rcd 10344, 10383, para. 99 (2007)).
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Federal Register / Vol. 76, No. 228 / Monday, November 28, 2011 / Proposed Rules
Paperwork Reduction Act
The Public Notice tentatively
concludes that it would be expedient to
modify Form 335–FM (OMB control
number 3060–1034), currently used for
Digital Notifications, to accommodate
requests for increased digital power
and/or operation with asymmetric
digital sideband power. The Public
Notice also seeks comment on the
process by which FM stations engaging
in such operations would notify the
Commission and how such notifications
would be maintained in the
Commission’s electronic databases.
Thus, the proposal under consideration
may result in a new or revised
information collection requirement
being adopted by the Commission when
the final rules are adopted. If the
Commission adopts any new or revised
information collection requirement, the
Commission will publish a separate
notice in the Federal Register inviting
the public to comment on the
requirement, as required by the paper
Reduction Act of 1995, Public Law 104–
13 (44 U.S.C. 3501–3520). In addition,
pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
the Commission seeks specific comment
on how it might ‘‘further reduce the
information collection burden for small
business concerns with fewer than 25
employees.’’
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Ex Parte Rules
This proceeding will be treated as a
‘‘permit-but-disclose’’ proceeding
subject to the ‘‘permit-but-disclose’’
requirements under § 1.1206(b) of the
Commission’s rules (47 CFR 1.1206(b)).
Ex parte presentations are permissible if
disclosed in accordance with
Commission rules, except during the
Sunshine Agenda period when
presentations, ex parte or otherwise, are
generally prohibited. Persons making
oral ex parte presentations are reminded
that a memorandum summarizing a
presentation must contain a summary of
the substance of the presentation and
not merely a listing of the subjects
discussed. More than a one- or twosentence description of the views and
arguments presented is generally
required. Additional rules pertaining to
oral and written presentations are set
forth in 47 CFR 1.1206(b).
Initial Regulatory Flexibility Analysis
As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), 5 U.S.C. 603, the Commission
has prepared this Initial Regulatory
Flexibility Analysis (IRFA) of the
possible significant economic impact on
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a substantial number of small entities by
the policies and rules proposed. Written
public comments are requested on this
IRFA. Comments must be identified as
responses to the IRFA and must be filed
by the deadlines for comments on the
proposed rule as provided in the
‘‘Dates’’ paragraph of the item. The
Commission will send a copy of the
proposed rule, including this IRFA, to
the Chief Counsel for Advocacy of the
Small Business Administration (SBA).
In addition, the proposed rule and IRFA
(or summaries thereof) will be
published in the Federal Register.
A. Need for, and Objectives of, the
Proposed Rules
This document seeks comment on the
iBiquity and NPR request that the
Commission authorize voluntary
asymmetric digital sideband power for
FM stations. Currently, FM stations may
operate only with equal power levels on
the upper and lower primary digital
sidebands. In the First IBOC Order
(Digital Audio Broadcasting Systems
and Their Impact on the Terrestrial
Radio Broadcast Service, First Report
and Order, 17 FCC Rcd 19990 (2002)),
the Commission authorized FM stations
to commence hybrid digital
broadcasting with digital effective
radiated power of one percent (-20 dBc)
of the analog carrier level. In
authorizing in-band-on-channel (IBOC)
operation for FM stations, the
Commission observed: ‘‘The digital
portion of the hybrid IBOC signal is
transmitted on frequencies immediately
adjacent to the main analog signal.
Consequently, minimizing interference
to stations on first-and, to a lesser
extent, second-adjacent channels poses
the most serious analog compatibility
challenge.’’
Early experience with FM IBOC
operation showed the one-percent
digital power level to be insufficient to
replicate analog coverage areas. In
response to a request from a group of
broadcasters, the Media Bureau issued
its January 29, 2010, Order (Digital
Audio Broadcasting Systems and Their
Impact on the Terrestrial Radio
Broadcast Service, Order, 25 FCC Rcd
1182 (MB 2010)), which authorized
most FM stations to increase their
digital power up to 6 dB (to -14 dBc)
upon notification to the Commission,
and some stations up to 10 dB (to -10
dBc) by filing an informal application
demonstrating that certain contour nonoverlap conditions are met with respect
to other stations operating on the upper
and lower first-adjacent channels.
A significant number of FM stations
are currently precluded from taking
advantage of the full 10 dB digital
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power increase permitted by the Order
due to the presence of a nearby station
on one but not both of the two firstadjacent channels. If asymmetric digital
sideband operation is permitted, such
stations could presumably increase their
digital power on the sideband away
from the limiting station. The two
technical reports include data
supporting iBiquity’s and NPR’s
contentions that such operations may
improve a station’s digital coverage
without causing interference. By this
November 1, 2011, Public Notice the
Bureau seeks comment on the iBiquity
and NPR request and the iBiquity and
NPR technical reports.
B. Legal Basis
The authority for this proposed
rulemaking is contained in sections 1, 2,
4(i), 301, 302, 303, 307, 308, and 309(j)
of the Communications Act of 1934, as
amended, 47 U.S.C. 151, 152, 154(i),
301, 302, 303, 307, 308, and 309(j).
C. Description and Estimate of the
Number of Small Entities to Which the
Proposed Rules Will Apply
The RFA directs the Commission to
provide a description of and, where
feasible, an estimate of the number of
small entities that will be affected by the
proposed rules. The RFA generally
defines the term ‘‘small entity’’ as
encompassing the terms ‘‘small
business,’’ ‘‘small organization,’’ and
‘‘small governmental entity.’’ In
addition, the term ‘‘small business’’ has
the same meaning as the term ‘‘small
business concern’’ under the Small
Business Act. A small business concern
is one which: (1) Is independently
owned and operated; (2) is not
dominant in its field of operation; and
(3) satisfies any additional criteria
established by the SBA.
Radio Stations. A radio broadcasting
station is an establishment primarily
engaged in broadcasting aural programs
by radio to the public.1 Included in this
industry are commercial, religious,
educational, and other radio stations.
Radio broadcasting stations which
primarily are engaged in radio
broadcasting and which produce radio
program materials are similarly
included. The SBA has established a
small business size standard for this
category, which is: firms having $7
million or less in annual receipts.2
According to BIA/Kelsey, MEDIA
Access Pro Radio Analyzer Database, on
1 U.S. Census Bureau, 2007 NAICS Code
Definitions for NAICS Code 515112 Radio Stations.
https://www.census.gov/naics/2007/def/
ND515111HTM#N51512.
2 13 CFR 121.201, NAICS code 515112 (updated
for inflation in 2008).
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November 1, 2011, about 10,785 (97%)
of 11,127 commercial radio stations
have revenue of $7 million or less and
thus qualify as small entities under the
SBA definition. Therefore, the majority
of such entities are small entities. We
note, however, that in assessing whether
a business concern qualifies as small
under the above size standard, business
affiliations must be included. 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 any ultimate
changes to the rules and forms.
D. Description of Projected Reporting,
Recordkeeping and Other Compliance
Requirements
In the Second IBOC Order, the
Commission declined to establish a
deadline for radio stations to convert to
digital broadcasting, 22 FCC Rcd at
10351. Presently, radio stations may
choose to commence IBOC digital
operation pursuant to § 73.404 of the
Commission’s rules, 47 CFR 73.404,
which requires that licensees provide
notification to the Commission within
10 days of commencing IBOC digital
operation. The January 29, 2010, Order
allows eligible authorized FM stations
to commence operation of FM digital
facilities with digital effective radiated
power (ERP) up to ¥14 dBc upon notice
to the Commission on FCC Form 335–
FM—Digital Notification. In addition,
licensees must electronically notify the
Media Bureau of any power increase in
their FM digital ERP within 10 days of
commencement using the same Form
335—Digital Notification. However, use
of the Form 335–FM for notification of
commencement of FM hybrid digital
operation, or notification of
modification of FM digital operation, is
currently limited to non-super-powered
FM stations with digital ERP not
exceeding ¥14 dBc and super-powered
stations with digital ERP not exceeding
¥20 dBc.
Non-super-powered FM stations
requesting authorization to operate with
digital ERP between ¥14 dBc and ¥10
dBc, or super-powered FM stations
requesting digital ERP in excess of ¥20
dBc are required to file an informal
request using the Engineering STA Form
prior to commencement of the increased
power FM digital operation. Licensees
submitting such a request must use the
simplified method set forth in the
January 29, 2010, Order to determine
the station’s maximum permissible FM
digital ERP. In situations where the
simplified method is not applicable due
to unusual terrain or other technical
considerations, the Bureau will accept
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applications for FM digital ERP in
excess of ¥14 dBc on a case-by-case
basis, when accompanied by a showing
detailing the prediction methodology,
data, maps and sample calculations.
The proposed rule changes may, in
some cases, impose different reporting
or recordkeeping requirements on FM
radio stations, insofar as they would
allow certain licensees to voluntarily
operate with asymmetric digital
sideband power. However, the
information that would be reported is
already familiar to broadcasters, and is
similar to the current IBOC digital
operation notification or authorization
reporting requirements, so any
additional burdens would be minimal.
The Public Notice tentatively concludes
that it would be expedient to modify
Form 335–FM, currently used for Digital
Notifications, to accommodate requests
for increased digital power and/or
operation with asymmetric digital
sideband power.
E. 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 (5 U.S.C. 603(b)).
Operation of hybrid digital facilities
by Commission licensees and permittees
is voluntary. Likewise, use of
asymmetric FM digital sideband powers
would be limited to those licensees and
permittees expressly seeking
authorization for such operation. The
proposal to permit use of asymmetric
FM digital sideband powers thus would
not impose any additional burden on
FM broadcasters. In fact, for those FM
broadcasters that choose to operate
hybrid FM facilities, the proposal would
confer a benefit. Currently, a significant
number of FM stations are precluded
from operating maximum permissible
hybrid FM digital facilities. This occurs
in the case of an FM station operating
hybrid digital facilities that has a nearby
FM station on one, but not both, of its
two first-adjacent channels, thus
limiting allowable digital power in both
sidebands to a level that protects the
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sole limiting station. By permitting
asymmetric FM digital sideband
operation, such a station could increase
to maximum permissible digital power
on the sideband opposite the limiting
FM station, thus achieving improved
digital facilities and signal coverage.
Because operation under the proposed
rule is voluntary, and would only be
undertaken by licensees and permittees
that would realize a benefit from such
operation, consideration of alternatives
was not required.
F. Federal Rules Which Duplicate,
Overlap, or Conflict With the
Commission’s Proposals
None.
Federal Communications Commission.
Kris A. Monteith,
Deputy Chief, Media Bureau.
[FR Doc. 2011–30598 Filed 11–25–11; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 571
[Docket No. NHTSA–2011–0160]
Federal Motor Vehicle Safety
Standards; Small Business Impacts of
Motor Vehicle Safety
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice of regulatory review;
Request for comments.
AGENCY:
NHTSA seeks comments on
the economic impact of its regulations
on small entities. As required by Section
610 of the Regulatory Flexibility Act, we
are attempting to identify rules that may
have a significant economic impact on
a substantial number of small entities.
We also request comments on ways to
make these regulations easier to read
and understand. The focus of this notice
is rules that specifically relate to school
buses and other buses.
DATES: You should submit comments
early enough to ensure that Docket
Management receives them not later
than January 27, 2012.
ADDRESSES: You may submit comments
[identified by DOT Docket ID Number
NHTSA–2011–0160] by any of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
SUMMARY:
E:\FR\FM\28NOP1.SGM
28NOP1
Agencies
[Federal Register Volume 76, Number 228 (Monday, November 28, 2011)]
[Proposed Rules]
[Pages 72885-72888]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-30598]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 99-325; DA 11-1832]
FM Asymmetric Sideband Operation and Associated Technical Studies
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission seeks
comment on a request by certain private parties, identified below, that
the Commission authorize voluntary asymmetric digital sideband power
for
[[Page 72886]]
FM stations. This document establishes a period for public comment on
this request and on two related technical reports.
DATES: Comments for this proceeding may be filed on or before December
19, 2011 and reply comments may be filed on or before January 3, 2012.
ADDRESSES: You may submit comments, identified by MM Docket No. 99-325,
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: https://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
Email: ecfs@fcc.gov. Include the docket number in the
subject line of the message. See the SUPPLEMENTARY INFORMATION section
of this document for detailed information on how to submit comments by
email.
Mail: 445 12th Street SW., Washington, DC 20554.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: (202) 418-
0530 or TTY: (202) 418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Peter H. Doyle, Chief, Media Bureau,
Audio Division, at (202) 418-2700; Susan Crawford, Ann Gallagher, or
Charles Miller, Media Bureau, Audio Division, at (202) 418-2700.
SUPPLEMENTARY INFORMATION: This is a summary of a Public Notice
released by the Media Bureau on November 1, 2011. The full text of this
document is 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.
The complete text of this document also may be purchased from the
Commission's copy contractor, Best Copy and Printing, Inc., Portals II,
445 12th Street SW., Room CY-B402, Washington, DC 20554, telephone
(202) 488-5300, facsimile (202) 488-5563 or via email FCC@BCPIWEB.com.
The full text may also be downloaded at https://www.fcc.gov. Pursuant to
Sec. Sec. 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415,
1.419, interested parties may file comments and reply comments on or
before the dates indicated on the first page of this document. Comments
may be filed using: (1) The Commission's Electronic Comment Filing
System (ECFS), (2) the Federal Government's eRulemaking Portal, or (3)
by filing paper copies. See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: https://www.fcc.gov/cbg/ecfs,
or the Federal eRulemaking Portal: https://www.regulations.gov. Filers
should follow the instructions provided on the Web sites for submitting
comments.
For ECFS filers, in completing the transmittal screen,
filers should include their full name, U.S. Postal Service mailing
address, and the applicable docket number: MM Docket No. 99-325.
Parties may also submit an electronic comment by Internet email. To get
filing instructions, filers should send an email to ecfs@fcc.gov, and
include the following words in the body of the message, ``get form.'' A
sample form and instructions will be sent in response.
Paper Filers: Parties who choose to file by paper must
file an original and four copies of each filing. Filings can be sent by
hand or messenger delivery, by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail (although the
Commission continues to experience delays in receiving U.S. Postal
Service mail). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
The Commission's contractor will receive hand-delivered or messenger-
delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue NE., Suite 110, Washington, DC 20002. The filing
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes must be
disposed of before entering the building. Commercial overnight mail
(other than U.S. Postal Service Express Mail and Priority Mail) must be
sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal
Service first-class mail, Express Mail, and Priority Mail should be
addressed to 445 12th Street SW., Washington, DC 20554.
Copies of the reports and any subsequently filed documents
in this matter may be obtained electronically at https://www.fcc.gov/e-file/ecfs.html, and in paper form from BCPI during normal business
hours in the Commission's Reference Information Center located at 445
12th Street SW., Room CY-A257, Washington, DC, 20554.
Alternate formats of this Public Notice (computer
diskette, large print, audio recording or Braille) are available to
persons with disabilities by contacting the Consumer and Governmental
Affairs Bureau at (202) 418-0530 or (202) 418-7365 (TTY).
Summary of Public Notice
On October 4, 2011, representatives of iBiquity Digital Corporation
(iBiquity) and National Public Radio, Inc. (NPR) met with Media Bureau
staff to discuss the possibility of permitting FM stations to operate
with unequal digital sideband power levels. Concurrently, iBiquity
filed a technical report that discusses the field performance of
asymmetric digital sideband operation by FM stations. On October 24,
2011, NPR filed a report describing the results of field testing of
asymmetric FM digital sidebands used in conjunction with the testing of
newly-developed technology for reducing the peak-to-average power ratio
in digital transmitters. Based on these reports, iBiquity and NPR
requested that the Commission authorize voluntary asymmetric digital
sideband power for FM stations. On November 1, 2011, the Media Bureau
released the ``November 1, 2011, Public Notice'' soliciting comments on
the iBiquity and NPR request and the two related technical reports.
Comment Sought on Request for FM Asymmetric Sideband Operation and
Associated Technical Studies, MM Docket No. 99-325, Public Notice, DA
11-1832 (MB rel. Nov. 1, 2011).
The iBiquity and NPR request and the iBiquity and NPR technical
studies are available electronically from the Commission's Electronic
Comment Filing System under MM Docket No. 99-235 at https://fjallfoss.fcc.gov/ecfs/comments/view?id=6016844127 and https://fjallfoss.fcc.gov/ecfs/document/view?id=7021717638, respectively; or
from the Commission's duplicating contractor, Best Copy and Printing,
Inc., 445 12th Street SW., Room CY-B402, Washington, DC 20554, 1-(800)
378-3160. The Media Bureau seeks comment on the issues identified
above. The Bureau also seeks comment on the Initial Regulatory
Flexibility Analysis below. This action is taken under delegated
authority pursuant to Sec. Sec. 0.61 and 0.283 of the Commission's
rules, 47 CFR 0.61, 0.283, and the Second IBOC Order (Digital Audio
Broadcasting Systems and Their Impact on the Terrestrial Radio
Broadcast Service, Second Report and Order, First Order on
Reconsideration and Second Further Notice of Proposed Rulemaking, 22
FCC Rcd 10344, 10383, para. 99 (2007)).
[[Page 72887]]
Paperwork Reduction Act
The Public Notice tentatively concludes that it would be expedient
to modify Form 335-FM (OMB control number 3060-1034), currently used
for Digital Notifications, to accommodate requests for increased
digital power and/or operation with asymmetric digital sideband power.
The Public Notice also seeks comment on the process by which FM
stations engaging in such operations would notify the Commission and
how such notifications would be maintained in the Commission's
electronic databases. Thus, the proposal under consideration may result
in a new or revised information collection requirement being adopted by
the Commission when the final rules are adopted. If the Commission
adopts any new or revised information collection requirement, the
Commission will publish a separate notice in the Federal Register
inviting the public to comment on the requirement, as required by the
paper Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3501-3520).
In addition, pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission
seeks specific comment on how it might ``further reduce the information
collection burden for small business concerns with fewer than 25
employees.''
Ex Parte Rules
This proceeding will be treated as a ``permit-but-disclose''
proceeding subject to the ``permit-but-disclose'' requirements under
Sec. 1.1206(b) of the Commission's rules (47 CFR 1.1206(b)). Ex parte
presentations are permissible if disclosed in accordance with
Commission rules, except during the Sunshine Agenda period when
presentations, ex parte or otherwise, are generally prohibited. Persons
making oral ex parte presentations are reminded that a memorandum
summarizing a presentation must contain a summary of the substance of
the presentation and not merely a listing of the subjects discussed.
More than a one- or two-sentence description of the views and arguments
presented is generally required. Additional rules pertaining to oral
and written presentations are set forth in 47 CFR 1.1206(b).
Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), 5 U.S.C. 603, the Commission has prepared this Initial
Regulatory Flexibility Analysis (IRFA) of the possible significant
economic impact on a substantial number of small entities by the
policies and rules proposed. Written public comments are requested on
this IRFA. Comments must be identified as responses to the IRFA and
must be filed by the deadlines for comments on the proposed rule as
provided in the ``Dates'' paragraph of the item. The Commission will
send a copy of the proposed rule, including this IRFA, to the Chief
Counsel for Advocacy of the Small Business Administration (SBA). In
addition, the proposed rule and IRFA (or summaries thereof) will be
published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
This document seeks comment on the iBiquity and NPR request that
the Commission authorize voluntary asymmetric digital sideband power
for FM stations. Currently, FM stations may operate only with equal
power levels on the upper and lower primary digital sidebands. In the
First IBOC Order (Digital Audio Broadcasting Systems and Their Impact
on the Terrestrial Radio Broadcast Service, First Report and Order, 17
FCC Rcd 19990 (2002)), the Commission authorized FM stations to
commence hybrid digital broadcasting with digital effective radiated
power of one percent (-20 dBc) of the analog carrier level. In
authorizing in-band-on-channel (IBOC) operation for FM stations, the
Commission observed: ``The digital portion of the hybrid IBOC signal is
transmitted on frequencies immediately adjacent to the main analog
signal. Consequently, minimizing interference to stations on first-and,
to a lesser extent, second-adjacent channels poses the most serious
analog compatibility challenge.''
Early experience with FM IBOC operation showed the one-percent
digital power level to be insufficient to replicate analog coverage
areas. In response to a request from a group of broadcasters, the Media
Bureau issued its January 29, 2010, Order (Digital Audio Broadcasting
Systems and Their Impact on the Terrestrial Radio Broadcast Service,
Order, 25 FCC Rcd 1182 (MB 2010)), which authorized most FM stations to
increase their digital power up to 6 dB (to -14 dBc) upon notification
to the Commission, and some stations up to 10 dB (to -10 dBc) by filing
an informal application demonstrating that certain contour non-overlap
conditions are met with respect to other stations operating on the
upper and lower first-adjacent channels.
A significant number of FM stations are currently precluded from
taking advantage of the full 10 dB digital power increase permitted by
the Order due to the presence of a nearby station on one but not both
of the two first-adjacent channels. If asymmetric digital sideband
operation is permitted, such stations could presumably increase their
digital power on the sideband away from the limiting station. The two
technical reports include data supporting iBiquity's and NPR's
contentions that such operations may improve a station's digital
coverage without causing interference. By this November 1, 2011, Public
Notice the Bureau seeks comment on the iBiquity and NPR request and the
iBiquity and NPR technical reports.
B. Legal Basis
The authority for this proposed rulemaking is contained in sections
1, 2, 4(i), 301, 302, 303, 307, 308, and 309(j) of the Communications
Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 301, 302, 303,
307, 308, and 309(j).
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
The RFA directs the Commission to provide a description of and,
where feasible, an estimate of the number of small entities that will
be affected by the proposed rules. The RFA generally defines the term
``small entity'' as encompassing the terms ``small business,'' ``small
organization,'' and ``small governmental entity.'' In addition, the
term ``small business'' has the same meaning as the term ``small
business concern'' under the Small Business Act. A small business
concern is one which: (1) Is independently owned and operated; (2) is
not dominant in its field of operation; and (3) satisfies any
additional criteria established by the SBA.
Radio Stations. A radio broadcasting station is an establishment
primarily engaged in broadcasting aural programs by radio to the
public.\1\ Included in this industry are commercial, religious,
educational, and other radio stations. Radio broadcasting stations
which primarily are engaged in radio broadcasting and which produce
radio program materials are similarly included. The SBA has established
a small business size standard for this category, which is: firms
having $7 million or less in annual receipts.\2\ According to BIA/
Kelsey, MEDIA Access Pro Radio Analyzer Database, on
[[Page 72888]]
November 1, 2011, about 10,785 (97%) of 11,127 commercial radio
stations have revenue of $7 million or less and thus qualify as small
entities under the SBA definition. Therefore, the majority of such
entities are small entities. We note, however, that in assessing
whether a business concern qualifies as small under the above size
standard, business affiliations must be included. 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 any ultimate changes to the rules
and forms.
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\1\ U.S. Census Bureau, 2007 NAICS Code Definitions for NAICS
Code 515112 Radio Stations. https://www.census.gov/naics/2007/def/ND515111HTM#N51512.
\2\ 13 CFR 121.201, NAICS code 515112 (updated for inflation in
2008).
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D. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements
In the Second IBOC Order, the Commission declined to establish a
deadline for radio stations to convert to digital broadcasting, 22 FCC
Rcd at 10351. Presently, radio stations may choose to commence IBOC
digital operation pursuant to Sec. 73.404 of the Commission's rules,
47 CFR 73.404, which requires that licensees provide notification to
the Commission within 10 days of commencing IBOC digital operation. The
January 29, 2010, Order allows eligible authorized FM stations to
commence operation of FM digital facilities with digital effective
radiated power (ERP) up to -14 dBc upon notice to the Commission on FCC
Form 335-FM--Digital Notification. In addition, licensees must
electronically notify the Media Bureau of any power increase in their
FM digital ERP within 10 days of commencement using the same Form 335--
Digital Notification. However, use of the Form 335-FM for notification
of commencement of FM hybrid digital operation, or notification of
modification of FM digital operation, is currently limited to non-
super-powered FM stations with digital ERP not exceeding -14 dBc and
super-powered stations with digital ERP not exceeding -20 dBc.
Non-super-powered FM stations requesting authorization to operate
with digital ERP between -14 dBc and -10 dBc, or super-powered FM
stations requesting digital ERP in excess of -20 dBc are required to
file an informal request using the Engineering STA Form prior to
commencement of the increased power FM digital operation. Licensees
submitting such a request must use the simplified method set forth in
the January 29, 2010, Order to determine the station's maximum
permissible FM digital ERP. In situations where the simplified method
is not applicable due to unusual terrain or other technical
considerations, the Bureau will accept applications for FM digital ERP
in excess of -14 dBc on a case-by-case basis, when accompanied by a
showing detailing the prediction methodology, data, maps and sample
calculations.
The proposed rule changes may, in some cases, impose different
reporting or recordkeeping requirements on FM radio stations, insofar
as they would allow certain licensees to voluntarily operate with
asymmetric digital sideband power. However, the information that would
be reported is already familiar to broadcasters, and is similar to the
current IBOC digital operation notification or authorization reporting
requirements, so any additional burdens would be minimal. The Public
Notice tentatively concludes that it would be expedient to modify Form
335-FM, currently used for Digital Notifications, to accommodate
requests for increased digital power and/or operation with asymmetric
digital sideband power.
E. 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 (5 U.S.C. 603(b)).
Operation of hybrid digital facilities by Commission licensees and
permittees is voluntary. Likewise, use of asymmetric FM digital
sideband powers would be limited to those licensees and permittees
expressly seeking authorization for such operation. The proposal to
permit use of asymmetric FM digital sideband powers thus would not
impose any additional burden on FM broadcasters. In fact, for those FM
broadcasters that choose to operate hybrid FM facilities, the proposal
would confer a benefit. Currently, a significant number of FM stations
are precluded from operating maximum permissible hybrid FM digital
facilities. This occurs in the case of an FM station operating hybrid
digital facilities that has a nearby FM station on one, but not both,
of its two first-adjacent channels, thus limiting allowable digital
power in both sidebands to a level that protects the sole limiting
station. By permitting asymmetric FM digital sideband operation, such a
station could increase to maximum permissible digital power on the
sideband opposite the limiting FM station, thus achieving improved
digital facilities and signal coverage. Because operation under the
proposed rule is voluntary, and would only be undertaken by licensees
and permittees that would realize a benefit from such operation,
consideration of alternatives was not required.
F. Federal Rules Which Duplicate, Overlap, or Conflict With the
Commission's Proposals
None.
Federal Communications Commission.
Kris A. Monteith,
Deputy Chief, Media Bureau.
[FR Doc. 2011-30598 Filed 11-25-11; 8:45 am]
BILLING CODE 6712-01-P