An Inquiry Into the Commission's Policies and Rules Regarding AM Radio Service Directional Antenna Performance Verification, 66288-66298 [2013-24139]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 78, Number 214 (Tuesday, November 5, 2013)]
[Rules and Regulations]
[Pages 66288-66298]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24139]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 22, 27, 73, and 74

[MM Docket No. 93-177; FCC 13-115]


An Inquiry Into the Commission's Policies and Rules Regarding AM 
Radio Service Directional Antenna Performance Verification

AGENCY: Federal Communications Commission.

ACTION: Final Rule; Denial of Petition for Reconsideration.

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SUMMARY: In this document, the Commission adopted a single protection 
scheme for tower construction and modification near AM tower arrays and 
designated ``moment method'' computer modeling as the principal means 
of determining whether a nearby tower affects an AM radiation pattern. 
The Commission also dismissed in part as moot and denied in all other 
respects a petition for reconsideration of the Second Report and Order 
in MM Docket No. 93-177.

DATES: Effective December 5, 2013, except for amendments to 47 CFR 
1.30002, 1.30003, 1.30004, 73.875, 73.1675, and 73.1690, which contain 
new and revised information collection requirements that have not been 
approved by the Office of Management and Budget (OMB). The Commission 
will publish a document in the Federal Register announcing the 
effective date.
    Applicability Date: The applicability date of the amendments 47 CFR 
1.30000, 1.30001, 22.371, 27.63, 73.45, 73.316, 73.685, 73.1692, 
73.6025, and 74.1237 is indefinitely delayed. The FCC will publish a 
document in the Federal Register announcing the applicability date.

ADDRESSES: Peter Doyle or Susan Crawford, Federal Communications 
Commission, Media Bureau, Audio Division, 445 12th Street SW., 
Washington, DC 20445.

FOR FURTHER INFORMATION CONTACT: Peter Doyle, Chief, Media Bureau, 
Audio Division, (202) 418-2700 or Peter.Doyle@fcc.gov; or Susan 
Crawford, Assistant Division Chief, Media Bureau, Audio Division, (202) 
418-2700 or Susan.Crawford@fcc.gov.
    For additional information concerning the Paperwork Reduction Act 
information collection requirements contained in this document, contact 
Cathy Williams at 202-418-2918, or via the Internet at 
Cathy.Williams@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Third 
Report and Order (Third R&O), FCC 13-115, adopted August 14, 2013, and 
released August 16, 2013. The full text of the Third R&O is available 
for inspection and copying during regular business hours in the FCC 
Reference Center, 445 12th Street SW., Room CY-A257, Portals II, 
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 call 1-800-378-3160. 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 the FCC by email: FCC504@fcc.gov or phone: 
202-418-0530 or TTY: 202-418-0432.

Paperwork Reduction Act of 1995 Analysis

    This Third R&O adopts new and revised information collection 
requirements, subject to the Paperwork Reduction Act of 1995 (PRA) 
(Pub. L. 104-13, 109 Stat 163 (1995) (codified in 44 U.S.C. 3501-
3520)). These information collection requirements will be submitted to 
OMB for review under section 3507(d) of the PRA. The Commission will 
publish a separate notice in the Federal Register inviting comment on 
the new and revised information collection requirements adopted in this 
document. The requirements will not go into effect until OMB has 
approved them and the Commission has published a notice announcing the 
effective date of the information collection requirements. In addition, 
the Commission notes that pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), it 
previously sought specific comment on how the Commission might 
``further reduce the information collection burden for small business 
concerns with fewer than 25 employees.''

Summary of Third Report and Order and Second Order on Reconsideration

    1. In the Third R&O, the Commission furthered the initiative to 
simplify the Media Bureau's licensing procedures. This Order harmonizes 
and streamlines the Commission's rules regarding tower

[[Page 66289]]

construction near AM stations in two respects. First, the Order 
establishes a single protection scheme for tower construction and 
modification near AM tower arrays. Second, the Order designates 
``moment method'' computer modeling as the principal means of 
determining whether a nearby tower affects an AM radiation pattern. 
These actions take another step in the Commission's modernization by 
replacing time-consuming direct measurement procedures with an 
efficient computer modeling methodology that is reflective of current 
practice.

I. Background

    2. In AM radio, the tower itself functions as the antenna. 
Consequently, a nearby tower may become an unintended part of the AM 
antenna system, reradiating the AM signal and distorting the authorized 
AM radiation pattern. The Commission's rules contain several sections 
concerning tower construction near AM antennas that are intended to 
protect AM stations from the effects of such tower construction, 
specifically, 47 CFR 73.1692, 22.371, and 27.63. These existing rule 
sections impose differing requirements on the broadcast and wireless 
entities, although the issue is the same regardless of the types of 
antennas mounted on a tower. Other rule parts, such as part 90 (Private 
Land Mobile Radio Services) and part 24 (Personal Communications 
Services), entirely lack provisions for protecting AM stations from 
possible effects of nearby tower construction.
    3. The Second Further Notice of Proposed Rulemaking (Second Further 
Notice) in this proceeding (73 FR 75376), tentatively concluded that 
the issue of tower construction or modification near AM stations should 
be addressed by a single set of rules applying to all tower 
construction and sought comment on proposed new rules which would 
appear in part 1 of the Commission's rules. The new rules are based on 
proposals by an ad hoc technical group of radio broadcasters, equipment 
manufacturers, and broadcast consulting engineers, acting collectively 
as the AM Directional Antenna Performance Verification Coalition 
(Coalition).

II. Discussion

    4. In the Second Further Notice, the Commission requested comment 
on the proposal to adopt a uniform set of rules applicable to all 
services, the use of moment method modeling to assess the effects of 
tower construction or modification near AM stations, as well as a 
number of issues that could establish limits on the scope of the new 
rules and the technical and/or policy grounds for such limits. 
Specifically, the Commission sought comment on: (1) The proposed 
exclusion of short towers and antenna structures mounted on buildings 
from AM proximity analysis; (2) the proper notification procedures to 
AM stations regarding nearby tower construction; (3) a rule provision 
to cover circumstances that would be otherwise excluded from the new 
rules; (4) the structures subject to the new rules; and (5) the 
proposed application of the new rules to towers constructed or 
substantially modified after the rules' effective date.
    5. Threshold Heights and Exclusion of Building-Mounted Antennas. 
The proposed rules excluded short towers from AM proximity analysis on 
the grounds that such towers are inefficient re-radiators that would 
not generally affect an AM pattern. Most commenters agree with the 
proposed threshold heights of 36 electrical degrees for a directional 
antenna and 60 electrical degrees for a non-directional antenna. Two 
commenters, however, propose lower threshold heights. Greater Media 
urges the Commission to reduce the non-directional antenna threshold 
height from 60 to 36 electrical degrees and adopt a more stringent 1 
decibel (dB) pattern distortion threshold. Cohen, Dippell and Everist, 
P.C. (CDE) recommends that a 20 degree electrical height be used in 
lieu of the 36 electrical degree height proposed for directional 
antennas. These commenters, however, offer no analytical support for 
their alternative proposals. In contrast, our threshold height limits 
are premised on extensive staff modeling studies and modeling studies 
previously submitted by the Association of Federal Communications 
Consulting Engineers. The Commission's proposed 2 dB pattern distortion 
threshold, which was supported by the majority of commenters, is the 
criterion utilized in assessing the circularity of a nondirectional 
pattern in other broadcast services. Accordingly, we adopt the 2 dB 
pattern distortion threshold and the threshold heights of 36 electrical 
degrees for a directional antenna and 60 electrical degrees for a non-
directional antenna, and therefore, exclude shorter towers from 
consideration.
    6. Similarly, the proposed rules excluded all antenna structures 
mounted on buildings from AM proximity analysis. The Joint Commenters, 
while agreeing in substance with the exclusion of building-mounted 
antennas, suggest a modification of the proposed rule. The Joint 
Commenters warn that, in some cases, buildings may support towers tall 
enough to be significant re-radiators at an AM frequency. According to 
the Joint Commenters, ``[s]ignificant tower structures can be mounted 
on buildings, and [we] are aware of several instances where the height 
of a microwave or other type of tower actually exceeds the height of 
the building on which the tower is mounted.'' Therefore, the Joint 
Commenters suggest that the new rules should apply to any tower that 
would increase ``the overall physical height of a building by more than 
10 electrical degrees.'' We acknowledge the Joint Commenters' concern 
regarding taller towers atop buildings, and we agree that the proposed 
categorical exemption of all antennas mounted on buildings is overly 
broad, and therefore, could potentially expose AM stations to adverse 
pattern distortions. We believe, however, that the criterion of 10 
electrical degrees is not a practical solution because: (1) It is 
difficult, if not infeasible, to predict and accurately measure re-
radiation from a building; and (2) it is impossible to detune a 
building and similarly, impossible to detune the combination of a 
building and a tower. Accordingly, because it is not feasible to 
analyze the combined effects of the building and tower, we believe that 
it is more appropriate to consider the potential effects of a tower 
separately from any building on which it is mounted. We therefore 
revise the rule to exclude most antenna structures atop buildings, 
except where the antenna structure alone would be a significant re-
radiator as defined in 47 CFR 1.30002(a) or (b).
    7. Notification. Commenters were divided on the provisions of the 
proposed rules requiring 30 days' prior notice of tower construction, 
including significant tower modifications, to a nearby AM station. 
Greater Media considers the proposed 30-day notice period too short, 
advocating instead for a 120-day notice period. PCIA prefers that the 
rules require no minimum notice when tower construction is deemed not 
to affect the AM pattern. Alternatively, PCIA supports procedures for 
expedited notice to reduce delays. The Joint Commenters support the 30-
day notice proposal, but also suggest procedures for expedited notice 
of tower construction, citing similar provisions in the Commission's 
rules governing fixed microwave services in Part 101 of the Rules. 
Further, the Joint Commenters recommend that the rules incorporate a 
narrow exception to the prior notice requirement to address

[[Page 66290]]

``urgent but temporary needs in the event of an emergency situation.'' 
Finally, the Joint Commenters propose that the rules include detailed 
notification procedures, explicitly listing the information to be 
included in the notice, such as a physical description of the planned 
construction, and adding a requirement for a response by the affected 
AM station. We agree with the Joint Commenters' proposals, and 
accordingly, adopt the 30-day notification period, with the addition of 
specific notification procedures, requests for expedited notice, and an 
emergency exception. We believe this represents a reasonable compromise 
between the competing proposals. A 30-day notification period, in lieu 
of the 120-day period proposed by Greater Media, will minimize 
unnecessary deployment delays. The detailed notification procedures 
will enable AM stations to effectively assess the impact of the 
proposed construction within the shorter 30-day period. Finally, the 
expedited notice process we adopt should allay PCIA's concerns and 
reduce construction delays. We believe these new notification 
procedures, which are based on existing Commission rules, will reduce 
the potential for disputes, provide adequate notice to AM licensees, 
and enable affected AM licensees to more easily verify the proponent's 
analysis without unnecessary duplication of work.
    8. The Commission also sought comment on the point in the AM 
licensing process at which the notification procedures should apply. 
Specifically, the Second Further Notice asked whether a tower proponent 
should be required to notify the permittee of an unconstructed AM 
station, or whether notification procedures should apply only when the 
AM station is licensed or operating pursuant to Program Test Authority 
(PTA) prior to construction of the nearby structure. In the absence of 
any comments on this issue, we will apply the notification procedures 
to AM stations that are licensed or operating pursuant to PTA. We will 
not require a tower proponent to notify the permittee of an 
unconstructed AM station. Because the facilities authorized by AM 
station construction permits often remain unconstructed when the permit 
expires or the permits are modified before the authorized facilities 
are constructed, we believe it would be unproductive to require tower 
proponents to analyze and protect unconstructed AM facilities. 
Moreover, because both the field strength measurements described in 47 
CFR 1.30002(f) and the adjustment of a detuning network require the 
presence of the AM signal, we feel that this interpretation reasonably 
balances the interests of the AM station with those of the tower 
proponent.
    9. Determination of distance from a directional AM station. A non-
directional AM antenna consists of a single tower, the coordinates of 
which appear in Commission databases. Directional AM antennas, on the 
other hand, consist of multiple towers, which may be several hundred 
meters apart. The relatively large spacing between directional AM 
towers leaves some potential for confusion when determining distances 
from a directional AM station. The proposed new rules require that 
proponents of new towers or significant modifications to existing 
towers examine the potential effects of the proposed construction 
activity on the nearby AM directional station if the tower is ``within 
the lesser of 10 wavelengths or 3 kilometers of the AM [directional] 
station.'' The proposed rules, however, do not specify the measuring 
point from which to calculate these critical distances. The Joint 
Commenters and Waterford each suggest clarifying the determination of 
distance from a directional AM station by specifying that the array 
center coordinates now used in the Consolidated Database System (CDBS), 
the Media Bureau's database, should be used for such calculations. We 
agree, and revise the rule accordingly. This minor clarification is 
essential to facilitate compliance and mitigate confusion when 
determining distances, and is therefore a logical and necessary 
outgrowth of the proposed rules.
    10. Towers that are excluded from the pre-construction evaluation. 
The Second Further Notice sought comment on a rule provision to cover 
towers that are excluded from the routine pre-construction study and 
notification to the AM licensee, but that nonetheless affect an AM 
station's radiation pattern. For example, there may be circumstances in 
which a tower more than 3 kilometers away may nevertheless affect a 
directional AM station. Similarly, a short tower or tower modification 
that would be otherwise excluded from study may affect an AM station if 
it is very close to the AM antenna. Commenters were divided on this 
issue. According to Waterford, ``the proposed rules leave the tower 
proponents' responsibilities open-ended'' in these situations. 
Waterford asserts that tower proponents need to have their financial 
obligations clearly defined from the outset and that mandating ``clear 
documentation at or very near the time of construction about the need 
to detune'' would provide tower proponents with more certainty. Greater 
Media supports the proposed rule provision, stating that ``there are no 
absolutes in such situations.'' The Joint Commenters support the 
proposed rule provision with modifications. They advocate defining the 
type of analysis that would constitute a credible showing that the 
tower construction has affected the AM station. Specifically, the Joint 
Commenters recommend that the AM station must supply either a moment 
method analysis or field strength measurements to support its claim. 
The tower proponent, according to the Joint Commenters, should be 
afforded an opportunity to respond to the AM station's showing of 
adverse impact. Finally, the Joint Commenters propose that the rule 
include a two-year time limit within which the AM station must make a 
claim of adverse impact.
    11. We agree that the proposed rule should be modified. Defining 
the type of showing required from an AM station when an otherwise 
excluded tower construction or modification affects the station's 
radiation pattern and requiring the AM station to share the study with 
the tower proponent, as the Joint Commenters suggest, will facilitate 
resolution of possible problems. We also acknowledge the difficulties 
of potentially open-ended financial obligations, as Waterford notes. A 
reasonable time limit on claims of adverse impact will encourage AM 
station licensees to promptly identify potential pattern disruptions 
and provide tower proponents with greater certainty regarding future 
potential liabilities. We find, however, that a time limit of less than 
two years will not allow an AM station licensee sufficient time to 
ascertain that its pattern has been adversely affected, identify the 
source of the pattern disruption, and prepare and submit an adverse 
impact showing. We therefore require that showings of adverse impact 
under this rule section be made within two years after the date of 
completion of the tower construction or modification. We find that a 
two-year time limit fairly balances the interests of AM stations and 
tower proponents. The two-year time frame will protect the interests of 
AM stations while relieving tower proponents of long-term financial 
obligations. New 47 CFR 1.30002(g) includes these modifications to the 
proposed rule.
    12. Structures subject to the rules. The Second Further Notice 
proposed to apply the revised rules to construction of all 
communications towers falling within established geographic limits and 
above a specified height, not only

[[Page 66291]]

to towers requiring notice to the Federal Aviation Administration and 
registration under part 17 of the rules. The Commission sought comment 
on whether the Commission may apply the proposed rules to the owners of 
structures that are not otherwise subject to Commission licensing 
processes, such as towers that do not require registration and which no 
Commission licensee, permittee or applicant uses or proposes to use. 
The Second Further Notice asked whether, alternatively, the Commission 
should prohibit applicants from proposing and licensees or permittees 
from using a tower when the owner has not complied with notice and 
detuning requirements. The Joint Commenters support applying the new 
rules to either all tower owners or, alternatively, to all Commission 
licensees proposing to use towers that may fall under the provisions of 
the new rules. Greater Media and CDE also favor applying the new rules 
to non-licensee tower owners.
    13. Many structures other than communications towers may re-radiate 
an AM signal, e.g., water towers, power lines, and buildings. 
Furthermore, the parties that construct both registered towers and 
towers that do not require registration may or may not be Commission 
authorization holders, and a tower may or may not house a Commission 
licensee at the time of construction. The Second Further Notice sought 
comment on whether the Commission should assert jurisdiction over non-
licensee tower owners and whether the towers, as incidental radiators, 
would be subject to part 15 restrictions. No party addressed the issue 
of the Commission's jurisdiction over non-licensees who build towers 
and other structures near AM stations. Greater Media, the only 
commenter to address these issues, expressed its belief that ``such 
structures would very likely fall within the restrictions of part 15 in 
regard to incidental radiators,'' but offered no support for its 
contention. While the Commission's jurisdictional authority over non-
licensees is well established for certain purposes, we find it 
administratively prudent to apply the rules only to applicants, 
licensees, and permittees. We adopt the Second Further Notice proposal 
that will bar applicants from proposing and licensees and permittees 
from using towers that have not completed our revised study and notice 
process and any necessary detuning. We clarify that under this rule, a 
licensee or permittee may locate an antenna on a tower that did not 
complete this process prior to construction if either the tower owner 
or any collocator completes all the required steps before the 
licensee's or permittee's collocation. Similarly, we prohibit a 
licensee or permittee from locating an antenna on a tower that an AM 
station owner has shown creates a disturbance to its radiation pattern 
unless appropriate remedial action has been taken. We find this 
approach promotes the public interest in maximizing collocation 
opportunities for wireless and broadcast licensees and permittees 
because it: (1) Provides an incentive for all tower owners to complete 
the study and notice process before construction in order to make the 
tower most readily available for collocation; (2) provides an avenue 
through which towers that do not complete the process before 
construction may become available for collocation; and (3) avoids 
interfering with contractual or other business arrangements between 
Commission authorization holders and non-authorization holder tower 
owners.
    14. Application of the new rules. The Second Further Notice 
tentatively concluded that any new rules adopted should be applied only 
to towers constructed or modified after the effective date of the new 
rules, i.e., where actual construction commences after the effective 
date. Commenters addressing this issue were divided. Greater Media 
supports this approach, while Ronald L. Myers suggests ``making this 
rule retroactive.'' Crawford recommends that, if the Commission applies 
the new rules only to towers constructed or modified after the new 
rules' effective date, the Commission should also: (1) Clarify and 
identify how it will respond to pending formal tower complaints, and 
(2) employ language to ``deal with existing situations wherein AM 
stations must operate with STA because of uncoordinated antenna 
structure construction near their arrays.''
    15. We affirm the tentative conclusion to apply the new rules to 
towers constructed or modified after the effective date of the new 
rules, an approach supported and/or unopposed by the majority of 
commenters. In addition, as explained below, we will apply the new 
rules' remediation requirement to construction commenced before the 
effective date, except that pending complaints will be resolved in 
accordance with any pre-existing rules that are applicable to the 
service in question. New 47 CFR 1.30002(h) includes this modification 
to the proposed rules. Consistent with the other rules adopted in this 
proceeding, the rules will only apply to Commission applicants, 
permittees, and licensees, and, in accordance with the ``newcomer'' 
policy, will only apply to construction or modification that has 
adversely affected preexisting AM stations, i.e., stations that were 
operating before the tower proponent commenced construction or 
modification. Although the new rules will not apply to tower owners 
that are not applicants and do not hold Commission authorizations, this 
does not mean that a Commission licensee or permittee can locate an 
antenna on such a tower with no obligations. Rather, we clarify that as 
of the effective date of the new rules, a Commission applicant may not 
propose, and a Commission licensee or permittee may not locate, an 
antenna on an existing tower that is causing a disturbance to the 
radiation pattern of an AM station, as defined in 47 CFR 1.30002(a) or 
(b), and that has not previously been studied for AM radiation pattern 
disturbance, unless the applicant, licensee, permittee or tower owner 
completes the new study and notification process and takes appropriate 
ameliorative action to correct any disturbance, such as detuning the 
tower.
    16. We recognize that there may be circumstances in which an AM 
station has been adversely affected by tower construction or 
modification authorized and either commenced or completed before or on 
the effective date of the new rules. The Commission's longstanding 
``newcomer'' policy obligates FCC licensees to remedy interference 
caused to existing stations. We acknowledge, however, that the current 
absence of explicit rules across all services with respect to tower 
construction near AM arrays has led to confusion as to what should be 
done to protect the AM station, and therefore, inconsistent protection 
to AM stations. Accordingly, we direct any affected AM station seeking 
remediation to submit a showing that its operation has been adversely 
affected by tower construction or modification authorized and either 
commenced or completed before or on the effective date of the new 
rules. Such showings must be made within one year after the effective 
date of the new rules. A one-year time frame will allow a potentially 
affected AM station sufficient time to identify the source of the 
pattern disruption and prepare and submit an adverse impact showing. We 
authorize the Commission staff, if necessary, to direct the tower owner 
to take appropriate ameliorative action to correct disturbances to the 
radiation pattern of an AM station caused by the tower construction or 
modification, such as installing, maintaining, and, if

[[Page 66292]]

necessary, adjusting any detuning apparatus necessary to restore proper 
operation of the AM antenna. This rule change does not impose any new 
obligations on licensees or permittees with respect to disturbances 
caused to AM antenna patterns. It does not alter the tower owner's 
underlying responsibility to cooperate and remediate interference 
caused to existing AM stations. Rather, this change simply clarifies 
and codifies this implicit remediation obligation, or the ``newcomer'' 
policy, a mainstay of interference protection.

III. Second Order on Reconsideration

    17. In response to the Second Report and Order in this proceeding, 
73 FR 64558, which adopted rules permitting AM radio licensees to use 
computer modeling techniques to demonstrate that directional AM 
antennas perform as authorized, CDE filed a timely petition for 
reconsideration seeking clarification and alteration of the new rules. 
CDE claims that the new rules adopted in the Second Report and Order do 
not clearly define what information an AM station should submit with a 
moment method proof of performance pursuant to 47 CFR 73.151(c), and 
also do not explain how the Commission will determine whether such a 
proof of performance is acceptable. CDE urges the Commission to clarify 
these questions with a Public Notice. Finally, CDE reiterates comments 
it made earlier in this proceeding, questioning directional AM 
stations' use of computer modeling techniques, given that such 
techniques do not account for certain effects of the local environment 
on the AM antenna pattern.
    18. As CDE suggests, the new rules adopted in the Second Report and 
Order represent a significant departure from long-established 
procedures in AM radio. In order to assist licensees, on October 29, 
2009, the Media Bureau released a Public Notice clarifying certain 
requirements of the new rules and answering common questions. 
Accordingly, CDE's request to the same effect is now moot. Moreover, 
the Media Bureau's experience with the new rules since the Public 
Notice indicates that most applicants understand the requirements, and 
the Bureau stands ready to answer additional questions. Finally, 
regarding CDE's repeated concern about the use of moment method 
techniques without regard to the local environment, the Commission 
addressed this matter in the Second Report and Order. It is well 
established that the Commission does not grant reconsideration for the 
purpose of debating matters on which it has already deliberated. We 
therefore dismiss in part as moot and deny in all other respects CDE's 
Petition for Reconsideration.

Final Regulatory FlexibilityAnalysis

    19. As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 
603, as amended (RFA), an Initial Regulatory Flexibility Analysis 
(IRFA) was incorporated in the Second Further Notice to this 
proceeding. The Commission sought written public comment on the 
proposals in the Second Further Notice, including comment on the IRFA. 
The Commission received no comments on the IRFA. This present Final 
Regulatory Flexibility Analysis (FRFA) conforms to the RFA. See 5 
U.S.C. 604.

Need for, and Objectives of, the Report and Order

    20. In the Third R&O in this proceeding, the Commission harmonizes 
and streamlines the Commission's rules regarding tower construction and 
modification near AM stations, incorporating moment method computer 
modeling techniques and simplifying the rule provisions. The new 
procedures were adopted in order to simplify the Media Bureau's 
licensing procedures.
    21. The further rulemaking proceeding leading to the Third R&O was 
initiated to further reduce the regulatory burden on AM broadcasters by 
permitting the use of computer modeling techniques to verify AM 
directional antenna performance. In the Second Further Notice, the 
Commission tentatively concluded that the issue of tower construction 
and modification near AM stations should be addressed by a single rule 
applying to all tower construction and sought comment on proposed new 
rules which would appear in part 1 of the Commission's rules.
    22. Existing Commission rules require Commission authorization 
holders to notify AM stations and take appropriate action when a tower 
is constructed within a fixed distance of an AM station. The new rules 
define the critical distance for directional AM stations as any 
distance less than ten wavelengths of the frequency of the AM station 
up to a maximum distance of three kilometers, as specified in existing 
rules for certain wireless licensees. The rules designate moment method 
modeling as the principal means of determining whether a nearby tower 
affects an AM pattern. The rules also allow traditional partial proof 
measurements taken before and after tower construction as an 
alternative procedure when the AM station in question was licensed 
pursuant to field strength measurements. Lastly, the rules eliminate 
short towers from consideration and exclude many routine cases in which 
antennas are added to existing towers.
    23. More specifically, the Commission adopted a threshold height 
for antennas, excluding most antenna structures atop buildings, except 
where the structure alone would be a significant re-radiator as defined 
in 47 CFR 1.30002(a) or (b). It also adopted a 30-day period in which 
those who build or modify a tower can notify an AM station in order to 
reduce the potential for disputes while providing adequate notice to AM 
licensees. Per one commenter's suggestion, the Commission added 
specific procedures including requests for expedited notice. In the 
absence of comments on the issue of when the notification procedures 
would apply, the Commission adopted its proposal to apply the 
notification procedures to AM stations that are licensed or operating 
pursuant to program test authority. It clarified the determination of 
distance from a directional AM station by specifying the use of the 
array center coordinates now used in the consolidated database system. 
It further adopted the rule provision in 47 CFR 1.30002(g) addressing 
tower construction otherwise excluded, with certain modifications. In 
general, the Commission will apply the notification requirements only 
to Commission applicants, licensees, and permittees prospectively for 
towers constructed after the effective date of the new rules, but there 
may be circumstances in which an AM station has been adversely affected 
by prior tower construction. In such circumstances, the affected AM 
station may seek relief by filing a showing of adverse impact within 
two years of the effective date of the new rules, and the Commission 
may direct the tower owner to install and maintain any detuning 
apparatus necessary to restore proper operation of the AM station.

Summary of Significant Issues Raised by Public Comments in Response to 
the IRFA

    24. There were no comments filed that specifically addressed the 
rules and policies proposed in the IRFA.

Description and Estimate of the Number of Small Entities to Which the 
Proposed Rules Will Apply

    25. 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

[[Page 66293]]

rules adopted herein. 5 U.S.C. 603(b)(3). The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' small organization,'' and ``small government 
jurisdiction.'' 5 U.S.C. 601(6). In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act. 5 U.S.C. 601(3). 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). 15 
U.S.C. 632.
    26. Nationwide, there are a total of approximately 22.4 million 
small businesses, according to SBA data. A ``small organization'' is 
generally ``any not-for-profit enterprise which is independently owned 
and operated and is not dominant in its field.'' 5 U.S.C. 601(4). 
Nationwide, as of 2002, there were approximately 1.6 million small 
organizations. The term ``small governmental jurisdiction'' is defined 
generally as ``governments of cities, towns, townships, villages, 
school districts, or special districts, with a population of less than 
fifty thousand.'' Census Bureau data for 2002 indicate that there were 
87,525 local governmental jurisdictions in the United States. We 
estimate that, of this total, 84,377 entities were ``small governmental 
jurisdictions.'' Thus, we estimate that most governmental jurisdictions 
are small.
    27. Wireless Telecommunications Carriers (except Satellite). This 
industry comprises establishments engaged in operating and maintaining 
switching and transmission facilities to provide communications via the 
airwaves. Establishments in this industry have spectrum licenses and 
provide services using that spectrum, such as cellular phone services, 
paging services, wireless Internet access, and wireless video services. 
The appropriate size standard under SBA rules is for the category 
Wireless Telecommunications Carriers. The size standard for that 
category is that a business is small if it has 1,500 or fewer 
employees. Under the present and prior categories, the SBA has deemed a 
wireless business to be small if it has 1,500 or fewer employees. For 
this category, census data for 2007 show that there were 1,383 firms 
that operated for the entire year. Of this total, 1,368 firms had 
employment of 999 or fewer employees and 15 had employment of 1000 
employees or more. Thus under this category and the associated small 
business size standard, the Commission estimates that the majority of 
wireless telecommunications carriers (except satellite) are small 
entities that may be affected by our proposed action.
    28. Non-Licensee Tower Owners. Many communications towers, while 
used to support multiple antennas for Commission licensees in various 
services, are owned by entities which are not themselves Commission 
licensees. Although tower owners that do not hold Commission 
authorizations are not directly responsible for complying with the new 
rules, Commission authorization holders cannot lease space and locate 
an antenna on a non-licensee's tower that is causing a disturbance to 
the radiation pattern of an AM station, unless the applicant, licensee, 
or tower owner takes appropriate ameliorative steps to correct the 
disturbance. Therefore, tower owners that do not hold Commission 
authorizations may be indirectly affected by the rules adopted in this 
proceeding. Communications towers fall into two categories: those 
requiring antenna structure registration, and those exempt from 
registration. The Commission's rules require that any entity proposing 
to construct an antenna structure over 200 feet or within the glide 
slope of an airport must register the antenna structure with the 
Commission on FCC Form 854. As of September 3, 2008, there were 97,617 
registration records in a `Constructed' status and 13,047 registration 
records in a `Granted, Not Constructed' status in the Antenna Structure 
Registration (ASR) database. This includes both towers registered to 
licensees and towers registered to non-licensee tower owners. The 
Commission does not keep information from which we can easily determine 
how many of these towers are registered to non-licensees or how many 
non-licensees have registered towers. Regarding towers that do not 
require antenna structure registration, we do not collect information 
as to the number of such towers in use and therefore cannot estimate 
the number of tower owners who would be subject to the proposed new 
rules. Moreover, the SBA has not developed a size standard for small 
businesses in the category ``Tower Owners.'' Therefore, we are unable 
to estimate the number of non-licensee tower owners that are small 
entities. We assume, however, that nearly all non-licensee tower 
companies are small businesses under the SBA's definition for cellular 
and other wireless telecommunications services.
    29. Radio Broadcasting. The policies adopted in the Third R&O apply 
to radio broadcast licensees, and potential licensees of radio service. 
The SBA defines a radio broadcast station as a small business if such 
station has no more than $7 million in annual receipts. Business 
concerns included in this industry are those primarily engaged in 
broadcasting aural programs by radio to the public. According to 
Commission staff review of the BIA Publications, Inc. Master Access 
Radio Analyzer Database on as of January 31, 2011, about 10,820 (97 
percent) of 11,100 commercial radio stations) have revenues of $7 
million or less and thus qualify as small entities under the SBA 
definition. We note, however, that, in assessing whether a business 
concern qualifies as small under the above definition, business 
(control) affiliations must be included. Our estimate, therefore, 
likely overstates the number of small entities that might be affected 
by our action, because the revenue figure on which it is based does not 
include or aggregate revenues from affiliated companies.
    30. In addition, an element of the definition of ``small business'' 
is that the entity not be dominant in its field of operation. We are 
unable at this time to define or quantify the criteria that would 
establish whether a specific radio station is dominant in its field of 
operation. Accordingly, the estimate of small businesses to which rules 
may apply do not exclude any radio station from the definition of a 
small business on this basis and therefore may be over-inclusive to 
that extent. Also as noted, an additional element of the definition of 
``small business'' is that the entity must be independently owned and 
operated. We note that it is difficult at times to assess these 
criteria in the context of media entities and our estimates of small 
businesses to which they apply may be over-inclusive to this extent.
    31. FM Translator Stations and Low Power FM Stations. The new rules 
apply to licensees of FM translator and booster stations and low power 
FM (LPFM) stations, as well as to potential licensees in these radio 
services. The same SBA definition that applies to radio broadcast 
licensees would apply to these stations. The SBA defines a radio 
broadcast station as a small business if such station has no more than 
$7.0 million in annual receipts. Currently, there are approximately 
6,105 licensed FM translator and booster stations and 824 licensed LPFM 
stations. Given the nature of these services, we will presume that all 
of these licensees qualify as small entities under the SBA definition.
    32. Television Broadcasting. The SBA defines a television 
broadcasting station as a small business if such station has no more 
than $14.0 million in annual

[[Page 66294]]

receipts. Business concerns included in this industry are those 
``primarily engaged in broadcasting images together with sound.'' The 
Commission has estimated the number of licensed commercial television 
stations to be 1,995. According to Commission staff review of the BIA 
Kelsey Inc. Media Access Pro Television Database (BIA) as of January 
31, 2011, 1,006 (or about 78 percent) of an estimated 1,298 commercial 
television stations in the United States have revenues of $14 million 
or less and, thus, qualify as small entities under the SBA definition. 
The Commission has estimated the number of licensed noncommercial 
educational (NCE) television stations to be 396. We note, however, 
that, in assessing whether a business concern qualifies as small under 
the above definition, business (control) affiliations must be included. 
Our estimate, therefore, likely overstates the number of small entities 
that might be affected by our action, because the revenue figure on 
which it is based does not include or aggregate revenues from 
affiliated companies. The Commission does not compile and otherwise 
does not have access to information on the revenue of NCE stations that 
would permit it to determine how many such stations would qualify as 
small entities.
    33. In addition, an element of the definition of ``small business'' 
is that the entity not be dominant in its field of operation. We are 
unable at this time to define or quantify the criteria that would 
establish whether a specific television station is dominant in its 
field of operation. Accordingly, the estimate of small businesses to 
which rules may apply do not exclude any television station from the 
definition of a small business on this basis and are therefore over-
inclusive to that extent. Also, as noted, an additional element of the 
definition of ``small business'' is that the entity must be 
independently owned and operated. We note that it is difficult at times 
to assess these criteria in the context of media entities and our 
estimates of small businesses to which they apply may be over-inclusive 
to this extent.

Description of Projected Reporting, Record Keeping and Other Compliance 
Requirements

    34. The Third R&O establishes a single protection scheme for tower 
construction near AM tower arrays and designates ``moment method'' 
computer modeling as the principal means of determining whether a 
nearby tower affects an AM radiation pattern. Overall, the changes we 
are adopting are designed to simplify the requirements of the existing 
rules and reduce the time and expense required to determine the impact 
of nearby tower construction or significant modification on affected AM 
stations. Specifically, although the new rules require modest 
engineering analysis, the use of computer modeling is less onerous, 
time consuming, and costly than the existing proof of performance 
requirements. By eliminating short towers from consideration and 
excluding many routine cases in which antennas are added to existing 
towers, the new rules reduce the regulatory burdens. The new rules will 
modify and reduce the overall reporting, recordkeeping, and compliance 
requirements of tower proponents and AM station licensees and 
permittees. The requirements, detailed below, will affect small and 
large companies equally.
    35. The new rules require a party proposing to construct a new 
tower or significantly modify an existing tower within the pertinent 
critical distance (the ``tower proponent'') to provide notice to the AM 
station at least 30 days prior to the planned commencement of 
construction. The notification must include the following information: 
(1) The tower proponent's name and address; (2) coordinates of the 
tower to be constructed or modified; (3) physical description of the 
planned construction; and (4) results of the analysis showing the 
predicted effect on the AM pattern, if performed. Responses to a 
notification must specify the technical details and be provided to the 
tower proponent within 30 days.
    36. The rules designate moment method modeling as the principal 
means of determining whether a nearby tower affects an AM pattern. The 
rules, however, allow traditional ``partial proof'' measurements taken 
before and after tower construction as an alternative procedure when 
the potentially affected AM station was licensed pursuant to field 
strength measurements, as opposed to computer modeling. The tower 
proponent is responsible for the installation and maintenance of any 
detuning apparatus necessary to restore the AM station's radiation 
pattern.
    37. The new rules permit AM stations to submit a showing that tower 
construction not otherwise subject to the notice and remediation 
requirements has affected the AM station operations. The showing must 
consist of either a moment method analysis or field strength 
measurements and be provided to the tower proponent or owner and to the 
Commission either (1) within two years after the date of completion of 
the tower construction or modification, or (2) in the case of operation 
adversely affected by tower construction or alteration that occurred 
prior to the effective date of the new rules, within one year of the 
effective date of the new rules. The Commission, if necessary, can 
direct the tower proponent or owner to install and maintain any 
detuning apparatus necessary to restore proper operation of the AM 
antenna.
    38. AM station licensees will continue to be required to file FCC 
Form 302-AM before or simultaneously with any license application 
associated with installations on the AM antenna or within 30 days after 
the completion of the installation.

Steps Taken To Minimize Significant Impact of Small Entities, and 
Significant Alternatives Considered

    39. The RFA requires an agency to describe any significant 
alternatives that might minimize any significant impact on small 
entities. Such alternatives 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.
    40. As noted, we are directed under law to describe any such 
alternatives we consider, including alternatives not explicitly listed 
above. In the Third R&O, the Commission revised certain provisions of 
the proposed rules set forth in the Second Further Notice in response 
to concerns expressed by commenters, several of whom represent small 
entities. We believe that the new rules will reduce the compliance 
burden on most Commission licensees, and that this reduction will be 
particularly beneficial to small entities.
    41. Specifically, the Second Further Notice proposed to cover 
circumstances that would be otherwise excluded from the AM proximity 
rules. For example, there may be circumstances in which a tower more 
than 3 kilometers away may affect a directional AM station. Similarly, 
a short tower that would be otherwise excluded from study may affect an 
AM station if it is very close, i.e., within the near field of the AM 
antenna. Commenters, including small entities, were divided on this 
issue. According to Waterford Consultants, ``the proposed rules leave 
the tower proponents' responsibilities open-

[[Page 66295]]

ended.'' Waterford asserted that tower proponents need to have their 
financial obligations clearly defined from the outset. Greater Media 
supported the rule provision, stating that ``there are no absolutes in 
such situations.'' The Joint Commenters supported the rule provision 
with modifications. They advocated defining the type of analysis that 
would constitute a credible showing that the tower construction has 
affected the AM station. In particular, the Joint Commenters 
recommended that the AM station must supply either a moment method 
analysis or field strength measurements to support its claim. The tower 
proponent, according to the Joint Commenters, should be afforded an 
opportunity to respond to the AM station's showing of adverse impact. 
Finally, the Joint Commenters proposed that the rule include a two-year 
time limit within which the AM station must make a claim of adverse 
impact.
    42. We adopted the rule provision in 47 CFR 1.30002(g) addressing 
tower construction otherwise excluded, with certain modifications. We 
felt that defining the type of showing required from an AM station and 
requiring the AM station to share the study with the tower proponent, 
as the Joint Commenters suggest, would facilitate resolution of 
possible problems. We also acknowledged the burden of potentially open-
ended financial obligations, which would affect small entities. We 
therefore required that showings of adverse impact under this rule 
section be made within two years of the date of the tower construction 
or significant modification.
    43. We believe that the rule provision discussed above offers 
significant benefits to small entities. It facilitates conflict 
resolution between the parties, which allows small entities to resolve 
issues on a grassroots level. We believe it adopts a more economically 
advantageous method of conflict resolution because it is likely to be 
faster, more informal, and may avoid the time and expense of hiring 
legal or technical counsel. The new rule also limits the time frame in 
which showings of adverse impact can be made, which benefits small 
entities because it avoids open-ended financial obligations. Lastly, 
the rule gives examples of appropriate showings required from an AM 
station. Such examples give predictability and allow small entities to 
plan, which can help limit the economic impact of making an adverse 
impact showing. Accordingly, by adopting policies that are more 
specific, including examples and a time line, the Commission adopted a 
rule that imposes a substantially less significant economic impact.

Report to Congress

    44. The Commission will send a copy of the Third R&O, including 
this FRFA, in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Small Business Regulatory 
Enforcement Fairness Act of 1996 (5 U.S.C. 801(a)(1)(A)). In addition, 
the Commission will send a copy of the Third R&O, including the FRFA, 
to the Chief Counsel for Advocacy of the Small Business Administration. 
A copy of the Third R&O and FRFA (or summaries thereof) will also be 
published in the Federal Register (See 5 U.S.C. 604(b)).

Ordering Clauses

    45. Accordingly, it is ordered, that, pursuant to the authority 
contained in sections 1, 4(i) 303, 308, 309, 310, and 319 of the 
Communications Act of 1934, as amended; 47 U.S.C. 151, 154(i), 303, 
308, 309, 310, and 319, this Third Report and Order is adopted.
    46. It is further ordered that, pursuant to the authority contained 
in sections 1, 4(i) 303, 308, 309, 310, and 319 of the Communications 
Act of 1934, as amended, 47 U.S.C. 151, 154(i), 303, 308, 309, 310, and 
319, 47 CFR parts 1, 22, 27, 73, and 74 of the Commission's rules are 
amended, as set forth herein.
    47. It is further ordered that the Petition for Reconsideration 
filed December 1, 2008, by Cohen, Dippell and Everist, P.C. is 
dismissed in part as moot and is denied in all other respects.
    48. It is further ordered that the rules contained herein shall 
become effective upon Commission publication of a document in the 
Federal Register announcing that OMB has approved them.

List of Subjects in 47 CFR Parts 1, 22, 27, 73, and 74 Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR Parts 1, 22, 27, and 73 to read 
as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 15 U.S.C. 79 et seq.; 47 U.S.C. 151, 154(i), 154(j), 
155, 157, 225, 227, 303(r), 309, 1403, 1404, and 1451.


0
2. Sections 1.30000 through 1.3000 are added to Subpart AA, to read as 
follows:

Subpart AA--Disturbance of AM Broadcast Station Antenna Patterns

* * * * *
Sec.
1.30000 Purpose.
1.30001 Definitions.
1.30002 Tower construction or modification near AM stations.
1.30003 Installations on an AM antenna.
1.30004 Notice of tower construction or modification near AM 
stations.


Sec.  1.30000  Purpose.

    This rule part protects the operations of AM broadcast stations 
from nearby tower construction that may distort the AM antenna 
patterns. All parties holding or applying for Commission authorizations 
that propose to construct or make a significant modification to an 
antenna tower or support structure in the immediate vicinity of an AM 
antenna, or propose to install an antenna on an AM tower, are 
responsible for completing the analysis and notice process described in 
this subpart, and for taking any measures necessary to correct 
disturbances of the AM radiation pattern, if such disturbances occur as 
a result of the tower construction or modification or as a result of 
the installation of an antenna on an AM tower. In the event these 
processes are not completed before an antenna structure is constructed, 
any holder of or applicant for a Commission authorization is 
responsible for completing these processes before locating or proposing 
to locate an antenna on the structure, as described in this subpart.


Sec.  1.30001  Definitions.

    For purposes of this subpart:
    (a) Wavelength at the AM frequency. In this subpart, critical 
distances from an AM station are described in terms of the AM 
wavelength. The AM wavelength, expressed in meters, is computed as 
follows:

(300 meters)/(AM frequency in megahertz) = AM wavelength in meters.

    For example, at the AM frequency of 1000 kHz, or 1 MHz, the 
wavelength is (300/1 MHz) = 300 meters.
    (b) Electrical degrees at the AM frequency. This term describes the 
height of a proposed tower as a function of the frequency of a nearby 
AM station. To compute tower height in electrical degrees, first 
determine the AM wavelength in meters as described in paragraph (a) of 
this section. Tower height in electrical degrees is computed as 
follows: (Tower height in meters)/(AM wavelength in meters) x 360 
degrees = Tower height in electrical degrees. For example, if the AM

[[Page 66296]]

frequency is 1000 kHz, then the wavelength is 300 meters, per paragraph 
(a) of this section. A nearby tower 75 meters tall is therefore [75/
300] x 360 = 90 electrical degrees tall at the AM frequency.
    (c) Proponent. The term proponent refers in this section to the 
party proposing tower construction or significant modification of an 
existing tower or proposing installation of an antenna on an AM tower.
    (d) Distance from the AM station. The distance shall be calculated 
from the tower coordinates in the case of a nondirectional AM station, 
or from the array center coordinates given in CDBS or any successor 
database for a directional AM station.


Sec.  1.30002  Tower construction or modification near AM stations.

    (a) Proponents of construction or significant modification of a 
tower which is within one wavelength of a nondirectional AM station, 
and is taller than 60 electrical degrees at the AM frequency, must 
notify the AM station at least 30 days in advance of the commencement 
of construction. The proponent shall examine the potential impact of 
the construction or modification as described in paragraph (c) of this 
section. If the construction or modification would distort the 
radiation pattern by more than 2 dB, the proponent shall be responsible 
for the installation and maintenance of any detuning apparatus 
necessary to restore proper operation of the nondirectional antenna.
    (b) Proponents of construction or significant modification of a 
tower which is within the lesser of 10 wavelengths or 3 kilometers of a 
directional AM station, and is taller than 36 electrical degrees at the 
AM frequency, must notify the AM station at least 30 days in advance of 
the commencement of construction. The proponent shall examine the 
potential impact of the construction or modification as described in 
paragraph (c) of this section. If the construction or modification 
would result in radiation in excess of the AM station's licensed 
standard pattern or augmented standard pattern values, the proponent 
shall be responsible for the installation and maintenance of any 
detuning apparatus necessary to restore proper operation of the 
directional antenna.
    (c) Proponents of construction or significant modification of a 
tower within the distances defined in paragraphs (a) and (b) of this 
section of an AM station shall examine the potential effects thereof 
using a moment method analysis. The moment method analysis shall 
consist of a model of the AM antenna together with the potential re-
radiating tower in a lossless environment. The model shall employ the 
methodology specified in Sec.  73.151(c) of this chapter, except that 
the AM antenna elements may be modeled as a series of thin wires driven 
to produce the required radiation pattern, without any requirement for 
measurement of tower impedances.
    (d) A significant modification of a tower in the immediate vicinity 
of an AM station is defined as follows:
    (1) Any change that would alter the tower's physical height by 5 
electrical degrees or more at the AM frequency; or
    (2) The addition or replacement of one or more antennas or 
transmission lines on a tower that has been detuned or base-insulated.
    (e) The addition or modification of an antenna or antenna-
supporting structure on a building shall be considered a construction 
or modification subject to the analysis and notice requirements of this 
subpart if and only if the height of the antenna-supporting structure 
alone exceeds the thresholds in paragraphs (a) and (b) of this section.
    (f) With respect to an AM station that was authorized pursuant to a 
directional proof of performance based on field strength measurements, 
the proponent of the tower construction or modification may, in lieu of 
the study described in paragraph (c) of this section, demonstrate 
through measurements taken before and after construction that field 
strength values at the monitoring points do not exceed the licensed 
values. In the event that the pre-construction monitoring point values 
exceed the licensed values, the proponent may demonstrate that post-
construction monitoring point values do not exceed the pre-construction 
values. Alternatively, the AM station may file for authority to 
increase the relevant monitoring-point value after performing a partial 
proof of performance in accordance with Sec.  73.154 to establish that 
the licensed radiation limit on the applicable radial is not exceeded.
    (g) Tower construction or modification that falls outside the 
criteria described in the preceding paragraphs is presumed to have no 
significant effect on an AM station. In some instances, however, an AM 
station may be affected by tower construction or modification 
notwithstanding the criteria set forth above. In such cases, an AM 
station may submit a showing that its operation has been affected by 
tower construction or modification. Such a showing shall consist of 
either a moment method analysis as described in paragraph (c) of this 
section, or of field strength measurements. The showing shall be 
provided to:
    (1) The tower proponent if the showing relates to a tower that has 
not yet been constructed or modified and otherwise to the current tower 
owner; and
    (2) To the Commission, within two years after the date of 
completion of the tower construction or modification. If necessary, the 
Commission shall direct the tower proponent or tower owner, if the 
tower proponent or tower owner holds a Commission authorization, to 
install and maintain any detuning apparatus necessary to restore proper 
operation of the AM antenna. An applicant for a Commission 
authorization may not propose, and a party holding a Commission 
authorization may not locate, an antenna on any tower or support 
structure that has been shown to affect an AM station's operation 
pursuant to this subparagraph, or for which a disputed showing of 
effect on an AM station's operation is pending, unless the applicant, 
party, or tower owner notifies the AM station and takes appropriate 
action to correct the disturbance to the AM pattern.
    (h) An AM station may submit a showing that its operation has been 
affected by tower construction or modification that was commenced or 
completed prior to or on the effective date of the rules adopted in 
this Part pursuant to MM Docket No. 93-177. Such a showing shall 
consist of either a moment method analysis as described in paragraph 
(c) of this section, or of field strength measurements. The showing 
shall be provided to the current tower owner and the Commission within 
one year of the effective date of the rules adopted in this Part 
pursuant to MM Docket No. 93-177. If necessary, the Commission shall 
direct the tower owner, if the tower owner holds a Commission 
authorization, to install and maintain any detuning apparatus necessary 
to restore proper operation of the AM antenna.
    (i) An applicant for a Commission authorization may not propose, 
and a party holding a Commission authorization may not locate, an 
antenna on any tower or support structure, whether constructed before 
or after December 5, 2013, that meets the criteria in paragraphs (a) 
and (b) of this section, unless the analysis and notice process 
described in this subpart, and any necessary measures to correct 
disturbances of the AM radiation pattern, have been completed by the 
tower owner, the party proposing to locate the antenna, or any other 
party, either prior to construction or at any

[[Page 66297]]

other time prior to the proposal or antenna location.


Sec.  1.30003  Installations on an AM antenna.

    (a) Installations on a nondirectional AM tower. When antennas are 
installed on a nondirectional AM tower the AM station shall determine 
the operating power by the indirect method (see Sec.  73.51 of this 
chapter). Upon completion of the installation, antenna impedance 
measurements on the AM antenna shall be made. If the resistance of the 
AM antenna changes by more than 2 percent (see Sec.  73.45(c)(1) of 
this chapter), an application on FCC Form 302-AM (including a tower 
sketch of the installation) shall be filed with the Commission for the 
AM station to return to direct power measurement.
    (b) Installations on a directional AM array. Before antennas are 
installed on a tower in a directional AM array, the proponent shall 
notify the AM station so that, if necessary, the AM station may 
determine operating power by the indirect method (see Sec.  73.51 of 
this chapter) and request special temporary authority pursuant to Sec.  
73.1635 of this chapter to operate with parameters at variance.
    (1) For AM stations licensed via field strength measurements (see 
Sec.  73.151(a)), a partial proof of performance as defined by Sec.  
73.154 of this chapter shall be conducted by the tower proponent both 
before and after construction to establish that the AM array will not 
be and has not been adversely affected. If the operating parameters of 
the AM array change following the installation, the results of the 
partial proof of performance shall be filed by the AM station with the 
Commission on Form 302-AM.
    (2) For AM stations licensed via a moment method proof (see Sec.  
73.151(c) of this chapter), a base impedance measurement on the tower 
being modified shall be made by the tower proponent as described in 
Sec.  73.151(c)(1). The result of the new tower impedance measurement 
shall be retained in the station's records. If the new measured base 
resistance and reactance values of the affected tower differ by more 
than 2 ohms and 4 percent from the 
corresponding modeled resistance and reactance values contained in the 
last moment method proof, then the station shall file Form 302-AM. The 
Form 302-AM shall be accompanied by the new impedance measurements for 
the modified tower and a new moment method model for each pattern in 
which the tower is a radiating element. Base impedance measurements for 
other towers in the array, sampling system measurements, and reference 
field strength measurements need not be repeated. The procedures 
described in this paragraph may be used as long as the affected tower 
continues to meet the requirements for moment method proofing after the 
modification.
    (c) Form 302-AM Filing. When the AM station is required to file 
Form 302-AM following an installation as set forth in paragraphs (a) 
and (b) of this section, the Form 302-AM shall be filed before or 
simultaneously with any license application associated with the 
installation. If no license application is filed as a result of the 
installation, the Form 302-AM shall be filed within 30 days after the 
completion of the installation.


Sec.  1.30004  Notice of tower construction or modification near AM 
stations.

    (a) Proponents of proposed tower construction or significant 
modification to an existing tower near an AM station that are subject 
to the notification requirement in Sec. Sec.  1.30002 and 1.30003 shall 
provide notice of the proposed tower construction or modification to 
the AM station at least 30 days prior to commencement of the planned 
tower construction or modification. Notice shall be provided to any AM 
station that is licensed or operating under Program Test Authority 
using the official licensee information and address listed in CDBS or 
any successor database. Notification to an AM station and any responses 
may be oral or written. If such notification and/or response is oral, 
the party providing such notification or response must supply written 
documentation of the communication and written documentation of the 
date of communication upon request of the other party to the 
communication or the Commission. Notification must include the relevant 
technical details of the proposed tower construction or modification. 
At a minimum, the notification should include the following:
    (1) Proponent's name and address. Coordinates of the tower to be 
constructed or modified.
    (2) Physical description of the planned structure.
    (3) Results of the analysis showing the predicted effect on the AM 
pattern, if performed.
    (b) Response to a notification should be made as quickly as 
possible, even if no technical problems are anticipated. Any response 
to a notification indicating a potential disturbance of the AM 
radiation pattern must specify the technical details and must be 
provided to the proponent within 30 days. If no response to 
notification is received within 30 days, the proponent may proceed with 
the proposed tower construction or modification.
    (c) The 30-day response period is calculated from the date of 
receipt of the notification by the AM station. If notification is by 
mail, this date may be ascertained by:
    (1) The return receipt on certified mail;
    (2) The enclosure of a card to be dated and returned by the 
recipient; or
    (3) A conservative estimate of the time required for the mail to 
reach its destination, in which case the estimated date when the 30-day 
period would expire shall be stated in the notification.
    (d) An expedited notification period (less than 30 days) may be 
requested when deemed necessary by the proponent. The notification 
shall be identified as ``expedited'' and the requested response date 
shall be clearly indicated. The proponent may proceed with the proposed 
tower construction or modification prior to the expiration of the 30-
day notification period only upon receipt of written concurrence from 
the affected AM station (or oral concurrence, with written confirmation 
to follow).
    (e) To address immediate and urgent communications needs in the 
event of an emergency situation involving essential public services, 
public health, or public welfare, a tower proponent may erect a 
temporary new tower or make a temporary significant modification to an 
existing tower without prior notice to potentially affected nearby AM 
stations, provided that the tower proponent shall provide written 
notice to such AM stations within five days of the construction or 
modification of the tower and shall cooperate with such AM stations to 
promptly remedy any pattern distortions that arise as a consequence of 
such construction.

PART 22--PUBLIC MOBILE SERVICES

0
3. The authority for Part 22 continues to read as follows:

    Authority: 47 U.S.C. 154, 222, 303, 309, and 332.


Sec.  22.371  [Removed and Reserved]

0
4. Remove Sec.  22.371.

PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICES

0
5. The authority for Part 27 continues to read as follows:

    Authority: 47 U.S.C. 154, 301, 302(a), 303, 307, 309, 332, 336, 
337, 1403, 1404, and 1451 unless otherwise noted.

[[Page 66298]]

Sec.  27.63  [Removed and Reserved]

0
6. Remove Sec.  27.63.

PART 73--RADIO BROADCAST SERVICES

0
7. The authority for Part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, 336 and 339.


0
8. Amend Sec.  73.45 paragraph (c) introductory text by revising the 
first two sentences to read as follows:


Sec.  73.45   AM antenna systems.

* * * * *
    (c) Should any changes be made or otherwise occur which would 
possibly alter the resistance of the antenna system, the licensee must 
commence the determination of the operating power by a method described 
in Sec.  73.51(a)(1) or (d). (If the changes are due to the addition of 
antennas to the AM tower, see Sec.  1.30003.) * * *
* * * * *

0
9. Sec.  73.316 paragraph (e) is revised to read as follows:


Sec.  73.316  FM antenna systems.

* * * * *
    (e) Where an FM licensee or permittee proposes to mount its antenna 
on or near an AM tower, as defined in Sec.  1.30002, the FM licensee or 
permittee must comply with Sec.  1.30003 or Sec.  1.30002, depending on 
whether the antenna is proposed to be mounted on an AM tower (Sec.  
1.30003) or near an AM tower (Sec.  1.30002).

0
10. Sec.  73.685 paragraph (h) is revised to read as follows:


Sec.  73.685  Transmitter location and antenna system.

* * * * *
    (h) Where the TV licensee or permittee proposes to mount its 
antenna on or near an AM tower, as defined in Sec.  1.30002, the TV 
licensee or permittee must comply with Sec.  1.30003 or Sec.  1.30002.

0
11. Amend Sec.  73.875 paragraph (c) introductory text by revising the 
last sentence to read as follows:


Sec.  73.875  Modification of transmission systems.

* * * * *
    (c) * * * In addition, for applications filed solely pursuant to 
paragraphs (c)(1) or (2) of this section, where the installation is on 
or near an AM tower, as defined in Sec.  1.30002, an exhibit 
demonstrating compliance with Sec.  1.30003 or Sec.  1.30002, as 
applicable, is also required.
* * * * *

0
12. Amend Sec.  73.1675 paragraph (c)(1) by revising the last sentence 
to read as follows:


Sec.  73.1675  Auxiliary antennas.

* * * * *
    (c)(1) * * * Where an FM, TV, or Class A TV licensee or permittee 
proposes to mount an auxiliary facility on an AM tower, it must also 
demonstrate compliance with Sec.  1.30003 in the license application.
* * * * *

0
13. Amend Sec.  73.1690 paragraph (c) introductory text by revising the 
last sentence to read as follows:


Sec.  73.1690  Modification of transmission systems.

* * * * *
    (c) * * * In addition, except for applications solely filed 
pursuant to paragraphs (c)(6) or (c)(9) of this section, where the 
installation is located on or near an AM tower, as defined in Sec.  
1.30002, an exhibit demonstrating compliance with Sec.  1.30003 or 
Sec.  1.30002, as applicable, is also required.
* * * * *


Sec.  73.1692  [Removed and Reserved]

0
14. Remove and reserve Sec.  73.1692.

0
15. Amend Sec.  73.6025 by revising paragraph (c) to read as follows:


Sec.  73.6025  Antenna system and station location.

* * * * *
    (c) Where a Class A TV licensee or permittee proposes to mount its 
antenna on or near an AM tower, as defined in Sec.  1.30002, the Class 
A TV licensee or permittee must comply with Sec.  1.30003 or Sec.  
1.30002.
* * * * *

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

0
16. The authority for Part 74 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 307, 309, 336 and 554.


0
17. In Sec.  74.1237, paragraph (e) is revised to read as follows:


Sec.  74.1237  Antenna location.

* * * * *
    (e) Where an FM translator or booster licensee or permittee 
proposes to mount its antenna on or near an AM tower, as defined in 
Sec.  1.30002, the FM translator or booster licensee or permittee must 
comply with Sec.  1.30003 or Sec.  1.30002.

[FR Doc. 2013-24139 Filed 11-4-13; 8:45 am]
BILLING CODE 6712-01-P