FM Translator Interference, 26229-26237 [2018-11964]
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Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Proposed Rules
Office of the Secretariat, Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, MD 20814;
telephone (301) 504–6833.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2018–12074 Filed 6–5–18; 8:45 am]
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. 2005–6]
Statutory Cable, Satellite, and DART
License Reporting Practices
U.S. Copyright Office, Library
of Congress.
ACTION: Notice of proposed rulemaking;
extension of comment period.
AGENCY:
The United States Copyright
Office is extending the deadlines for the
submission of written comments in
response to its December 1, 2017 notice
of proposed rulemaking concerning the
royalty reporting practices of cable
operators under section 111 and
proposed revisions to the Statement of
Account forms, and on proposed
amendments to the Statement of
Account filing requirements.
DATES: The comment period for the
notice of proposed rulemaking
published on December 1, 2017 (82 FR
56926), which was extended on
December 27, 2017 (82 FR 61200) and
further extended on March 8, 2018 (83
FR 9824), is again extended. Initial
written comments must be received no
later than 11:59 p.m. Eastern time on
October 4, 2018. Written reply
comments must be received no later
than 11:59 p.m. Eastern time on October
25, 2018.
ADDRESSES: For reasons of government
efficiency, the Copyright Office is using
the regulations.gov system for the
submission and posting of public
comments in this proceeding. All
comments are therefore to be submitted
electronically through regulations.gov.
Specific instructions for submitting
comments are available on the
Copyright Office website at https://
copyright.gov/rulemaking/section111. If
electronic submission of comments is
not feasible due to lack of access to a
computer and/or the internet, please
contact the Office using the contact
information below for special
instructions.
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Regan A. Smith, General Counsel and
Associate Register of Copyrights, by
email at resm@loc.gov, or Anna
Chauvet, Assistant General Counsel, by
email at achau@loc.gov, or either of
them by telephone at 202–707–8350.
On
December 1, 2017, the Office issued a
notice of proposed rulemaking
(‘‘NPRM’’) on proposed rules governing
the royalty reporting practices of cable
operators under section 111 and
proposed revisions to the Statement of
Account forms, and on proposed
amendments to the Statement of
Account filing requirements.1
On December 13, 2017, NCTA—The
Internet & Television Association
submitted a motion seeking to extend
the initial comment period until March
16, 2018, with written reply comments
due by April 2, 2018.2
On May 29, 2018, Program Suppliers
submitted a motion seeking to extend
the initial comment period until
October 4, 2018, with written reply
comments due by October 25, 2018
(‘‘2018 Extension Request’’).3 The 2018
Extension Request notes that NCTA—
The Internet & Television Association
supports the requested extension and
that Joint Sports Claimants will not
oppose it.4 In addition, the 2018
Extension Request states that the
‘‘parties have been developing their
positions as to what and how reporting
practices might be improved in light of
intervening statutory and regulatory
changes,’’ and ‘‘whether a consensus
can be reached on some or all the issues
raised’’ in the NPRM.5
To ensure that current remitters and
other stakeholders have sufficient time
to try and reach consensus on some or
all of the issues raised in the NPRM, the
Office is extending the deadline for the
submission of initial written comments
to 11:59 p.m. Eastern time on October 4,
2018. Written reply comments must be
received no later than 11:59 p.m.
Eastern time on October 25, 2018.
SUPPLEMENTARY INFORMATION:
BILLING CODE 6355–01–P
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Dated: May 30, 2018.
Regan A. Smith,
General Counsel and Associate Register of
Copyrights.
[FR Doc. 2018–12080 Filed 6–5–18; 8:45 am]
BILLING CODE 1410–30–P
1 82
FR 56926 (Dec. 1, 2017).
2 COLC–2017–0013–0003.
3 COLC–2017–0013–0007.
4 Id.
5 Id.
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 74
[MB Docket No. 18–119; FCC 18–60]
FM Translator Interference
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the
Commission discusses several proposals
designed to streamline the rules relating
to interference caused by FM translators
and expedite the translator complaint
resolution process, based in part upon
the petitions for rulemaking filed by the
National Association of Broadcasters
and Aztec Capital Partners, Inc.
DATES: Comments may be filed on or
before July 6, 2018 and reply comments
may be filed on or before August 6,
2018. Written comments on the
Paperwork Reduction Act proposed
information collection requirements
must be submitted by the public, Office
of Management and Budget (OMB), and
other interested parties on or before
August 6, 2018.
ADDRESSES: You may submit comments,
identified by MB Docket No. 18–119, by
any of the following methods:
• Federal Communications
Commission’s Website: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• Mail: 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.
• 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:
Albert Shuldiner, Chief, Media Bureau,
Audio Division, (202) 418–2721;
Christine Goepp, Media Bureau, Audio
Division, (202) 418–7834. Direct press
inquiries to Janice Wise at (202) 418–
8165. For additional information
concerning the Paperwork Reduction
Act (PRA) information collection
SUMMARY:
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Federal Register / Vol. 83, No. 109 / Wednesday, June 6, 2018 / Proposed Rules
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
summary of the Commission’s Notice of
Proposed Rulemaking, MB Docket No.
18–119, FCC 18–60, adopted and
released May 10, 2018. The full text of
this document is available electronically
via the FCC’s Electronic Document
Management System (EDOCS) website
at https://fjallfoss.fcc.gov/edocs_public/
or via the FCC’s Electronic Comment
Filing System (ECFS) website at https://
fjallfoss.fcc.gov/ecfs2/. (Documents will
be available electronically in ASCII,
Microsoft Word, and/or Adobe Acrobat.)
This document is also available for
public inspection and copying during
regular business hours in the FCC
Reference Information Center, which is
located in Room CY–A257 at FCC
Headquarters, 445 12th Street SW,
Washington, DC 20554. The Reference
Information Center is open to the public
Monday through Thursday from 8:00
a.m. to 4:30 p.m. and Friday from 8:00
a.m. to 11:30 a.m. The complete text
may be purchased from the
Commission’s copy contractor, 445 12th
Street SW, Room CY–B402, Washington,
DC 20554. Alternative formats are
available for people with disabilities
(Braille, large print, electronic files,
audio format), by sending an email to
fcc504@fcc.gov or calling the
Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
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Initial Paperwork Reduction Act of
1995 Analysis
The Notice of Proposed Rulemaking
(NPRM) contains proposed information
collection requirements subject to the
PRA, Public Law 104–13. OMB, the
general public, and other Federal
agencies are invited to comment on the
proposed new and modified information
collection requirements contained in
this NPRM.
Comments on the proposed
information collection requirements
should address: (a) Whether the
proposed collection of information is
necessary for the proper performance of
the functions of the Commission,
including whether the information shall
have practical utility; (b) the accuracy of
the Commission’s burden estimates; (c)
ways to enhance the quality, utility, and
clarity of the information collected; and
(d) ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
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other forms of information technology.
Pursuant to the Small Business
Paperwork Relief Act of 2002, Public
Law 107–198, see 44 U.S.C. 3506(c)(4),
the FCC seeks specific comment on how
it might ‘‘further reduce the information
collection burden for small business
concerns with fewer than 25
employees.’’
In addition to filing comments with
the Secretary, a copy of any Paperwork
Reduction Act comments on the
information collection requirements
contained herein should be submitted to
Cathy Williams, via the internet to
Cathy.Williams@fcc.gov, and to
Nicholas A. Fraser, Office of
Management and Budget (OMB), via the
internet to Nicholas_A._Fraser@
omb.eop.gov.
To view a copy of this information
collection request (ICR) submitted to
OMB: (1) Go to the web page https://
www.reginfo.gov/public/do/PRAMain,
(2) look for the section of the web page
called ‘‘Currently Under Review,’’ (3)
click on the downward-pointing arrow
in the ‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the
right of the ‘‘Select Agency’’ box, (6)
when the list of FCC ICRs currently
under review appears, look for the Title
of this ICR and then click on the ICR
Reference Number. A copy of the FCC
submission to OMB will be displayed.
The proposed information collections
are as follows:
OMB Control Number: 3060–xxxx.
Title: Sections 74.1203(a)(3),
Interference, and 74.1204(f), Protection
of FM broadcast, FM Translator and
LP100 stations.
Type of Review: New collection.
Respondents: Business or other forprofit entities; Not-for-profit
institutions; State, Local or Tribal
Government.
Number of Respondents and
Responses: 270 respondents; 270
responses.
Estimated Time per Response: 3–5
hours.
Frequency of Response: Third party
disclosure requirement and on occasion
reporting requirement.
Total Annual Burden: 1,080 hours.
Total Annual Cost: $924,100.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in sections 1,
4(i), 4(j), 301, 303, 307, 308, 309, 316,
and 319 of the Communications Act, 47
U.S.C. 151, 154(i), 154(j), 301, 303, 307,
308, 309, 316, and 319.
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Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Privacy Act Impact Assessment: No
impact(s).
Needs and Uses: On May 10, 2018,
the Commission adopted a Notice of
Proposed Rulemaking, Amendment of
Part 74 of the Commission’s Rules
Regarding FM Translator Interference,
FCC 18–60, MB Docket No. 18–119,
proposing to streamline the rules
relating to interference caused by FM
translators and expedite the translator
interference complaint resolution
process. The proposals, if implemented,
could limit or avoid protracted and
contentious interference resolution
disputes, provide translator licensees
both additional flexibility to remediate
interference and additional investment
certainty, and allow expedited
resolution of interference claims by
affected stations.
The rule changes proposed in the
NPRM would, if adopted, potentially
increase the number of listener
complaints that must be included with
an interference claim to a minimum of
six, and increase the amount of
information to be included with each
listener complaint to include signed
listener statements regarding listening
regularity and non-affiliation with the
complaining station. In the NPRM, the
Commission is seeking comment on its
proposal to specify and clarify the
information that must be contained in
each listener interference complaint,
thus potentially reducing lengthy and
resource-intensive disputes over a
listener’s bona fides. To discourage the
filing of poorly substantiated claims, the
Commission is proposing to require that
a minimum number of listener
complaints be submitted with each
translator interference claim and that
listener complaints beyond a certain
contour would not be actionable.
Finally, the Commission is seeking
comment on streamlining the
interference resolution process by
applying technical data, rather than
relying on listener involvement, to
demonstrate resolution of properly
documented, bona fide listener
complaints. Under this new information
collection, the following information
collection requirements require OMB
approval.
The Commission proposes to amend
§§ 74.1203(a)(3) (actual interference)
and 74.1204(f) (predicted interference)
of the rules to state that interference will
be considered to occur whenever
reception of a regularly used signal by
six or more listeners, at separate
locations using separate receivers, is
impaired or is predicted to be impaired,
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by the signals radiated by the FM
translator station.
The Commission also proposes to
codify the § 74.1203(a)(3) and 74.1204(f)
listener complaint requirements in
§ 74.1201(k). All listener complaints,
whether submitted under § 74.1203(a)(3)
or § 74.1204(f), must be signed by the
listener and contain the following: (1)
Full name and contact information; (2)
a clear, concise, and accurate
description of the location where the
interference is alleged to occur; (3) to
demonstrate that the complainant is a
regular listener, a statement that the
complainant listens to the desired
station at least twice a month; and (4)
to demonstrate that the complainant is
disinterested, a statement that the
complainant has no legal, financial, or
familial affiliation with the desired
station. In addition, stations submitting
a translator interference claim pursuant
to either § 74.1203(a)(3) or § 74.1204(f)
must include a map plotting specific
listener addresses in relation to the
relevant station contours. Section
74.1204(f) complaints must also provide
technical evidence of interference to the
reception of the desired station at the
listener locations specified, such as
through U/D signal strength data.
Finally, in order to simplify and
expedite the interference resolution
process, the NPRM proposes to require
that the FM translator operator, once
interference has been initially
established through bona fide listener
complaints under either § 74.1203(a)(3)
or § 74.1204(f), submit a technical
showing that all interference has been
eliminated. The NPRM proposes to
require that this technical showing be
based on the same U/D ratio
methodology applicable to § 74.1204(f)
complaints described above, in addition
to on/off tests, if appropriate, and as
directed by Commission staff.
OMB Control Number: 3060–0405.
Title: Application for Authority to
Construct or Make Changes in an FM
Translator or FM Booster Station, FCC
Form 349.
Form Number: FCC Form 349.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities; State, Local or Tribal
Government; Not-for-profit institutions.
Number of Respondents and
Responses: 1,350 respondents; 2,700
responses.
Estimated Time per Response: 1–1.5
hours.
Frequency of Response: On occasion
reporting requirement; Third party
disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
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authority for this information collection
is contained in sections 154(i), 303 and
308 of the Communications Act of 1934,
as amended.
Total Annual Burden: 5,050 hours.
Total Annual Cost: $5,291,550.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this information collection.
Needs and Uses: FCC Form 349 is
used to apply for authority to construct
a new FM translator or FM booster
broadcast station, or to make changes in
the existing facilities of such stations.
Form 349 also contains a third-party
disclosure requirement, pursuant to 47
CFR 73.3580. This rule requires stations
applying for a new broadcast station, or
to make major changes to an existing
station, to give local public notice of
this filing in a newspaper of general
circulation in the community in which
the station is located. This local public
notice must be completed within 30
days of the tendering of the application.
This notice must be published at least
twice a week for two consecutive weeks
in a three-week period. In addition, a
copy of this notice must be placed in the
station’s public inspection file along
with the application, pursuant to 47
CFR 73.3527. This recordkeeping
information collection requirement is
contained in OMB Control No. 3060–
0214, which covers § 73.3527.
On May 10, 2018, the Commission
adopted a Notice of Proposed
Rulemaking, Amendment of Part 74 of
the Commission’s Rules Regarding FM
Translator Interference, FCC 18–60, MB
Docket No. 18–119, proposing to
streamline the rules relating to
interference caused by FM translators,
and expedite the translator interference
complaint resolution process. The
proposals, if implemented, could limit
or avoid protracted and contentious
interference resolution disputes,
provide translator licensees both
additional flexibility to remediate
interference and additional investment
certainty, and allow earlier and
expedited resolution of interference
complaints by affected stations.
In the NPRM, the Commission seeks
comment on its proposal to offer
additional flexibility to translator
licensees, by allowing them to resolve
interference issues using the effective
and low-cost method of submitting a
minor modification application to
change frequency to any available FM
channel. This method could potentially
reduce the need for pleadings to be filed
at a later stage to prosecute or defend an
interference claim.
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Specifically, the NPRM pertains to
this Information Collection as it
proposes to modify § 74.1233(a)(1) of
the rules to define an FM translator
station’s change to any available FM
channel as a minor change, filed using
FCC Form 349, upon a showing of
actual interference to or from any other
broadcast station. Currently, if an
existing FM translator causes actual
interference as prohibited by
§ 74.1203(a), it is limited to remedial
channel changes, filing FCC Form 349
as a minor change application, to first,
second, or third adjacent, or IF
channels. A change to any other channel
is considered a major change on FCC
Form 349, which currently may only be
submitted during a filing window. The
NPRM, if adopted, will enable more
translator stations to cure interference
by simply changing channels by filing
Form 349 as a minor change
application, rather than other costlier
and less efficient remedies.
With this submission, the
Commission is currently seeking to
obtain OMB approval for the proposed
revision to § 74.1233(a)(1) of the rules.
This revision will modify the number of
respondents, number of responses,
annual burden hours, and annual costs
for this collection.
Synopsis of Notice of Proposed Rule
Making
Introduction
1. In this Notice of Proposed
Rulemaking (NPRM), the Commission
proposes to streamline the rules relating
to interference caused by FM translators
and expedite the translator complaint
resolution process, based in part upon
the petitions for rulemaking filed by the
National Association of Broadcasters
(NAB) (NAB Petition) and Aztec Capital
Partners, Inc. (Aztec) (Aztec Petition).
Specifically, the Commission seeks
comment on: (1) Allowing FM
translators to resolve interference issues
by changing channels to any available
frequency using a minor modification
application; (2) requiring a minimum
number of listener complaints to be
submitted with any FM translator
interference claim; (3) standardizing the
information that must be included
within such a listener complaint; (4)
streamlining and expediting
interference complaint resolution
procedures; (5) establishing an outer
contour limit for the affected station
beyond which listener complaints
would not be considered actionable; and
(6) modifying the scope of interference
complaints permitted to be filed by
affected stations at the application stage.
The Commission’s proposals also apply
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to booster stations, although we note
that, as booster stations are limited in
operation to the same channel as their
primary station, the proposal to allow
non-adjacent frequency changes by
minor change application will not be
available to booster stations. These
proposals could, if implemented, limit
or avoid protracted and contentious
interference resolution disputes,
provide translator licensees both
additional flexibility to remediate
interference and additional investment
certainty, and allow earlier and
expedited resolution of interference
complaints by affected stations.
2. Recent substantial growth in the
translator service, as well as the
economic importance of translators for
AM station viability, has led to
increased industry interest in clarifying
and streamlining the translator
interference rules to create greater
investment certainty and avoid
protracted and expensive interference
resolution disputes. As a secondary
service, FM translators must not cause
either predicted or actual interference to
any authorized broadcast station. If
interference is demonstrated, the
translator must resolve the issue or
cease operation. The Commission
distinguishes between predicted
interference, which is determined at the
time a construction permit application
is processed, and actual interference,
which is determined after a translator
station has begun operation. Under 47
CFR 74.1203(a), a translator is
prohibited from causing actual
interference to the direct reception by
the public of the off-the-air signals of
any authorized broadcast station at any
time after the translator commences
operation. Although listeners are
permitted to submit interference
complaints directly to the Commission,
it is much more common for the affected
station to submit a claim of actual
interference to the Commission based
on complaints obtained from its
listeners. Under 47 CFR 74.1204(f), an
application will not be granted if an
objector provides convincing evidence
that the predicted 60 dBm contour of the
translator would overlap a populated
area already receiving a regularly used,
off-the-air signal of any authorized cochannel, first, second or third adjacent
channel broadcast station and grant of
the authorization will result in
interference to the reception of such
signal.
3. Channel changes. If the
Commission receives a valid
interference complaint, the translator
licensee must either eliminate the
interference using ‘‘suitable techniques’’
or suspend operations. Changing
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channels is often the preferred solution,
because it allows translators to quickly
resolve interference at minimal cost and
with little or any reduction in service
area. However, this option is currently
limited by 47 CFR 74.1233(a)(1), which
restricts translator modifications that
can be carried out using a minor change
application to: (1) Channel changes to
first, second, or third adjacent channels,
or intermediate frequency channels; and
(2) changes in antenna location where
the translator station would continue to
provide 60 dBm service to some portion
of its previously authorized 60 dBm
service area. Changes that do not qualify
as minor may only be submitted during
a filing window. In the NPRM, the
Commission proposes to define an FM
translator’s change to any same-band
available FM channel as a minor change
upon a showing of interference to or
from any other broadcast station. It
anticipates that this measure would
facilitate interference resolution, avoid
time- and resource-consuming conflicts,
and, in some cases, prevent translator
stations from being forced to suspend
operations. The Commission seeks
comment on this proposal, and on
whether to impose any minimum
technical requirements on such
showings, e.g., an engineering
statement.
4. The Commission also seeks
comment on limiting this flexibility to
modification applications seeking
channels within the same FM band (i.e.,
the reserved or non-reserved FM bands).
Specifically, it proposes to modify
§ 74.1233(a)(1) to define any channel
change for a translator from a nonreserved band frequency to a reserved
band frequency, or vice versa, as a major
change. Currently, this prohibition is
limited to unbuilt stations. With the
increased channel change activity that it
anticipates will be generated by this
proposal, as well as the overall growth
of the FM translator service, the
Commission believes that this measure
is necessary to preserve the integrity of
the filing window system.
5. Minimum number of listener
complaints. The existing interference
resolution process consists of
Commission staff mediating interference
disputes based upon as little as one
listener complaint of interference. In the
NPRM, the Commission proposes to
require a minimum number of listener
complaints to be submitted in support
of any claim of translator interference.
NAB suggests six listener complaints as
a ‘‘reasonable starting point,’’ based on
consultation with various industry
stakeholders. This measure, NAB
claims, would help avoid disputes over
whether a claim supported by only one
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or two listeners has been adequately
substantiated. A number of commenters
suggested a higher required minimum
number of listener complaints, such as
ten, or a variable system based on the
size of the market or population
affected. The Commission seeks
comment on whether six complaints is
a reasonable threshold of listener
complaints, noting that six listener
complaints are required in the context
of a digital FM signal causing
interference to an analog station. Should
the Commission vary this figure based
on the population of the area affected,
the total population served by the
complaining station, or any other
potential denominator, or would a
single number work in most situations?
Would it be administratively feasible to
vary the figure in this way? Should the
Commission apply this minimum
complaint requirement in both
predicted and actual interference
contexts? If so, should the same
minimum number apply to each rule
section? The Commission proposes to
apply this requirement to both
translators and boosters and seeks
comment on this proposal. Are there
reasons to distinguish between
translator and booster stations in this
context? Is there a need to establish a
maximum time period within which the
required number of complaints must be
obtained by the affected station and/or
received by the Commission? Although
most interference claims are submitted
by the affected station, the Commission
also seeks comment on appropriate
procedures for handling complaints
received directly from listeners. Should
the Commission forward such
complaints to the affected station
licensee?
6. The Commission tentatively
concludes that six represents a
reasonable minimum of listener
complaints that will address the
concern that interference complaints
may be inadequately substantiated
without imposing too heavy an
evidentiary burden on the complaining
station. Therefore, the Commission
proposes to amend §§ 74.1204(f) and
74.1203(a)(3) to state that interference
will be considered to occur whenever
reception of a regularly used signal by
six or more listeners, at separate
locations using separate receivers, is
impaired or is predicted to be impaired
by the signals radiated by the FM
translator station. The Commission
seeks comment on this proposal.
Although the Commission proposes a
minimum number of listener
complaints, it tentatively concludes that
it will not adopt NAB’s proposal that
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the Commission require a showing of
interference at a sufficient number of
locations within the affected area to
demonstrate ‘‘a real and consistent
interference problem.’’ This proposal
would have the Commission overlook or
undervalue multiple listener complaints
from the same approximate location,
such as an apartment building, and is
thus in tension with the Commission’s
focus on ‘‘reception by the public’’ in
§ 74.1203(a)(3) and prevention of
interference to ‘‘populated areas’’ in
§ 74.1204(f). The Commission seeks
comment on this conclusion.
7. Complaint requirements and
remediation procedures. In the NPRM,
the Commission observes that the
interference resolution process is often
delayed or sidetracked by disputes over
the validity of the claimed interference,
the objectivity of complaining listeners,
or procrastination by one of the parties.
Addressing these matters can be timeconsuming for Commission staff and
detrimental to one or both parties.
Moreover, seemingly similar cases can
vary in the time, effort, and expense
needed to resolve them, leading to a
perception of an ad hoc process with
inconsistent outcomes. Although the
Commission requires that listener
complainants regularly listen to the
affected station and be disinterested in
the affected station, it currently does not
require upfront listener certifications to
this effect. Rather, listener bona fides
are contested after the interference
claim is submitted to the Commission.
8. The Commission seeks comment on
mandating that all listener complaints,
whether submitted under 47 CFR
74.1203(a)(3) or 74.1204(f), must be
signed by the listener and contain the
following: (1) Full name and contact
information; (2) a clear, concise, and
accurate description of the location
where the interference is alleged to
occur; (3) to demonstrate that the
complainant is a regular listener, a
statement that the complainant listens
to the desired station at least twice a
month; and (4) to demonstrate that the
complainant is disinterested, a
statement that the complainant has no
legal, financial, or familial affiliation
with the desired station. In addition,
stations submitting a translator
interference claim pursuant to either 47
CFR 74.1203(a)(3) or 74.1204(f) must
include a map plotting specific listener
addresses in relation to the relevant
station contours. This proposal would
not affect the existing 47 CFR 74.1204(f)
requirement to provide technical
evidence of interference to the reception
of the desired station at the listener
locations specified, such as through U/
D signal strength data.
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9. The Commission seeks comment on
whether these strengthened upfront
listener complaint requirements would
significantly reduce challenges to a
listener’s bona fides and hence simplify
and streamline translator interference
proceedings. The Commission also
proposes to clarify that listener
complaints solicited by the station and/
or presented in a standardized format,
such as a list or form letter, will not be
taken as evidence that a listener is
impermissibly affiliated with the
complaining station. Similarly, it
proposes to clarify that social media
connections, such as friending or
following a station or its personnel on
Facebook, Twitter, or other social media
platforms, between listeners and the
complaining station or its personnel
will not be taken as evidence that a
listener is impermissibly affiliated with
the complaining station, because such a
connection does not amount to a legal,
economic, or familial interest in the
station. The Commission seeks
comment on these proposals.
10. The Commission also proposes
that a listener complaint that meets the
above content requirements will
presumptively establish interference at
the relevant location, which must then
be promptly eliminated by the translator
operator using any suitable technique—
including, as appropriate, a
modification application to change
channels as proposed herein—or, if
necessary, suspending operations. The
Commission anticipates that the more
formal and detailed complaint format
proposed herein will reduce the need
for staff involvement in disputes over
the validity of complaints. Moreover,
the Commission believes that the U/D
signal ratio test procedure outlined
below will minimize the need for staff
involvement in the interference
resolution process beyond: (1)
Confirming the sufficiency of listener
complaints submitted formally to the
Commission; (2) notifying the relevant
translator of such complaints and any
applicable deadline for resolution; and
(3) reviewing any technical showings
purporting to establish that all
interference has been resolved. The
Commission also proposes to clarify that
a listener whose complaint is sent to a
station and then submitted as part of an
interference claim or other request for
relief filed by an affected station
licensee is not entitled to protection
under the ex parte rules because the
listener has not submitted a filing with
the Commission. Therefore, listener
complainants are not parties to any
proceeding that may be initiated by a
complaint or other request for relief
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filed by a station licensee and are not
entitled to protection under the ex parte
rules. However, as before, a station
licensee filing an interference claim or
other request for relief is considered a
party to the proceeding and entitled to
protection under the ex parte rules. The
Commission seeks comment on these
proposals.
11. The Commission proposes to
eliminate the current requirement that
the complaining listener cooperate with
remediation efforts. For example, a
listener would not be required to accept
equipment or equipment modifications
(e.g., a new receiver) as a way of
addressing interference. Instead, the
Commission seeks comment on
removing the listener from the
complaint resolution process by
requiring the translator operator, once
interference has been initially
established through listener complaints,
to submit a technical showing that all
interference has been eliminated. The
Commission proposes to require this
technical showing to be based on the
same U/D ratio methodology applicable
to 47 CFR 74.1204(f) complaints, using
the standard contour prediction
methodology specified in 47 CFR
73.313, in addition to on/off tests if
appropriate and directed by
Commission staff. A translator licensee
could use these U/D showings to
demonstrate the parameters with which
it could operate on its current frequency
and not cause interference. The
Commission seeks comment on this
proposal to simplify and expedite
interference resolution. Will the U/D
showings, in conjunction with the
standard contour prediction
methodology, be sufficient to make
these determinations accurately in the
majority of interference scenarios? The
Commission notes that a number of
commenters questioned the reliability of
listeners’ assessment of interference.
Should the Commission rely exclusively
on technical U/D showings as proposed,
or continue to involve the listener if the
listener alleges that he or she
subjectively continues to experience
interference despite U/D showings to
the contrary? If on/off tests are included
as part of the remediation process, what
technical standards or procedures, if
any, should be required regarding
location, timing, receivers, etc.? Should
the Commission require the use of
specific receivers, or types of receivers,
to promote consistent on/off test results?
Would this proposal reduce or eliminate
unproductive or unpleasant interactions
between translator operators and
complaining listeners? Finally, the
Commission seeks comment on
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establishing an appropriate deadline for
translators to resolve all properly
substantiated interference complaints
and submit an acceptable technical
showing or be subject to suspension of
operation. In addition to imposing a
deadline on translators to resolve
interference, are there other measures
the Commission could take to expedite
the interference resolution process? The
Commission seeks comment on NAB’s
suggestion that it establish Commission
deadlines for acting on interference
complaints. Is this necessary should the
Commission adopt deadlines on
translators to resolve complaints? How
should the Commission balance this
work against its other competing
priorities affecting radio broadcasters?
12. Limit on actual interference
complaints. The Commission seeks
comment on identifying a signal
strength beyond which an FM station
may not claim interference to its
listeners from an FM translator. This
proposal addresses a concern raised by
Aztec and other commenters that the
current rules encourage competitor
licensees to file minimally substantiated
claims against distant translators.
13. The Commission expresses
reservations about two aspects of
Aztec’s proposal. First, the Commission
believes that Aztec’s proposal to
prohibit translator interference only
within the 60 dBm contour of other
stations would be inconsistent with
translators’ role as a secondary service,
fundamentally changing the existing
balance of equities between translators
and other broadcast stations and affect
the listening options for listeners
outside the other broadcast station’s
protected contour. Second, the
Commission tentatively concludes that
it would not be advisable or
administratively feasible to distinguish
between fill-in and other area translators
in this context, because it is a relatively
simple matter for a translator licensee to
change primary stations and hence
change the fill-in status and protection
obligations of the translator station. The
Commission declines to assume that a
fill-in translator presumptively provides
‘‘local’’ service or, conversely, that a
complaining station is ‘‘distant’’ based
merely on the distance between its
transmitter site and certain of its
listeners, particularly commuters. These
terms may refer as much to
programming content as to the
proximity of the transmitter site. While
the Commission’s translator policy is
intended to promote overall program
diversity, it does not otherwise assess
the value of content—again, taking into
consideration the ease with which
programming can be changed. For these
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reasons, the Commission does not seek
comment on Aztec’s suggestion to
differentiate between fill-in and other
area translators for interference
protection purposes. However, the
Commission seeks comment on possible
alternative ways to address Aztec’s
underlying concerns.
14. The Commission proposes to
identify a predicted signal contour
within which most of a station’s
listeners are located and to not require
the elimination of interference beyond
that contour. The Commission believes
that it can thus restrict stations from
making specious interference allegations
while preserving translators’ status as a
secondary service. This approach is
similar to that used in the LPFM service
and is based on the common language
of §§ 74.1203(a)(3) and 74.1204(f),
which prohibit interference to a
‘‘regularly used’’ broadcast signal, and
§ 74.1203(a)(3), which prohibits
interference with another station’s
‘‘reception by the public.’’ These
provisions assume the existence of a
signal capable of being regularly
received by the public and therefore
should not permit complaints regarding
a signal that is not so received. Thus,
the Commission concludes that this
proposal is consistent with the
secondary nature of translators. In this
respect, it notes that the 60 dBm contour
standard is by no means an outer limit
of listenability. Rather, this contour has
been principally used as an allocations
tool, which reflects a balance between
providing adequate service areas and
permitting a sufficient number of FM
assignments.
15. For these reasons, the Commission
proposes to modify 47 CFR
74.1203(a)(3) to state that no complaint
of actual interference will be considered
actionable if the alleged interference
occurs outside the desired station’s 54
dBm contour. Would this contour limit
achieve the goal of safeguarding the
technical integrity of the FM band?
Should there be different outer limits for
interference complaints for FM stations
in different Zones? The Commission
tentatively concludes that the greater
contour protections afforded to Class B
and Class B1 in the non-reserved band
are based on allocations concerns
regarding populous service areas and
thus do not affect this analysis or
warrant separate treatment for Class B
and Class B1 stations in this respect.
The Commission seeks comment on this
conclusion.
16. Observing that the actual
interference provisions of 47 CFR
74.1203(a)(3) and 74.1203(b) have given
rise to some of the most lengthy and
contentious proceedings—as well as to
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allegations of negative interactions
between translator operators and
complaining listeners—the Commission
proposes to reduce reliance on actual
interference complaints by harmonizing
the scope of complaints that can be
preemptively brought under 47 CFR
74.1204(f) with those that are based on
allegations of actual interference.
Specifically, it seeks comment on
amending 47 CFR 74.1204(f) to allow an
objector to submit evidence of bona fide
listeners that are within the
complaining station’s predicted 54 dBm
contour rather than, as currently, the
relevant translator’s ‘‘predicted 1 mV/v
(60 dBm) contour.’’ By modifying the
scope of predicted interference claims to
more closely reflect post-grant actual
interference requirements, the
Commission anticipates that more
potential conflicts can be resolved
before applicants are fully invested in
the proposed facility and may have
greater flexibility in pursuing remedial
steps. The Commission seeks comment
on whether this proposal would
encourage translator applicants and
their engineers to propose facilities that
are more viable in the long term. It
tentatively concludes that the proposal
is consistent with section 5(3) of the
Local Community Radio Act of 2010
(LCRA), which states that the
Commission must, when licensing new
FM translator stations, ensure that they
remain secondary to existing and
modified full service FM stations. The
proposal to modify the existing
limitation in § 74.1204(f) will expand
the geographic scope of potential
interference complaints against
translators by full service stations in
most cases. In addition, as discussed
above, this proposal is consistent with
the secondary nature of translators. The
Commission seeks comment on this
conclusion.
Initial Regulatory Flexibility Analysis
17. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the Commission has prepared
this Initial Regulatory Flexibility
Analysis (IRFA) concerning the possible
significant economic impact on small
entities of the policies and rules
proposed in the Notice of Proposed
Rulemaking (NPRM). 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 provided
on the first page of the NPRM. The
Commission will send a copy of the
NPRM, including this IRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration (SBA). In
addition, the NPRM and IRFA (or
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summaries thereof) will be published in
the Federal Register.
Need for, and Objectives of, the
Proposed Rule Changes
18. In this NPRM, the Commission
seeks comment on whether to modify
certain standards and procedures
relating to FM translator interference
complaints. Specifically, the
Commission seeks comment on the
following proposals: (1) Allowing
translators to resolve interference issues
by changing channels to any available
FM frequency using a minor
modification application; (2) requiring a
minimum number of listener complaints
to be submitted with any FM translator
interference claim; (3) clarifying the
information that must be included
within a listener complaint; (4)
establishing an outer contour limit for
the affected station beyond which
listener complaints would not be
actionable; (5) modifying the scope of
interference complaints permitted to be
filed by affected stations at the
application stage; and (6) streamlining
and expediting interference complaint
resolution procedure. These proposals
could, if implemented, avoid protracted
and contentious interference resolution
disputes, provide translator licensees
additional flexibility to remediate
interference, provide translator
licensees with additional investment
certainty, and allow earlier and
expedited resolution of interference
complaints by affected stations.
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Legal Basis
19. The proposed action is authorized
pursuant to sections 1, 4(i), 4(j), 301,
303, 307, 308, 309, 316, and 319 of the
Communications Act, 47 U.S.C. 151,
154(i), 154(j), 301, 303, 307, 308, 309,
316, and 319.
Description and Estimate of the Number
of Small Entities to Which the Proposed
Rules Will Apply
20. The RFA directs agencies to
provide a description of, and where
feasible, an estimate of the number of
small entities that may be affected by
the proposed rules, if adopted. The RFA
generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act. A small
business concern is one which: (1) Is
independently owned and operated; (2)
is not dominant in its field of operation;
and (3) satisfies any additional criteria
established by the SBA. Below, we
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provide a description of such small
entities, as well as an estimate of the
number of such small entities, where
feasible.
21. Radio Stations. This Economic
Census category ‘‘comprises
establishments primarily engaged in
broadcasting aural programs by radio to
the public. Programming may originate
in their own studio, from an affiliated
network, or from external sources.’’ The
SBA has established a small business
size standard for this category as firms
having $38.5 million or less in annual
receipts. Economic Census data for 2012
shows that 2,849 radio station firms
operated during that year. Of that
number, 2,806 operated with annual
receipts of less than $25 million per
year, 17 with annual receipts between
$25 million and $49,999,999 million
and 26 with annual receipts of $50
million or more. Therefore, based on the
SBA’s size standard, the majority of
such entities are small entities.
22. According to BIA/Kelsey
Publications, Inc.’s Media Access Pro
Database, on March 30, 2018, 10,859 (or
about 99.94 percent) of the then total
number of FM radio stations (10,865);
4,629 (or about 99.94 percent) of the
then total number of AM radio stations
(4,632); and all of the 7,238 total FM
translator stations (100 percent) had
revenues of $38.5 million or less for the
year ending 2017, and thus qualify as
small entities under the SBA definition.
We note that in assessing whether a
business entity qualifies as small under
the above definition, business control
affiliations must be included. This
estimate, therefore, likely overstates the
number of small entities that might be
affected, because the revenue figure on
which it is based does not include or
aggregate revenues from affiliated
companies.
23. As noted above, an element of the
definition of ‘‘small business’’ is that the
entity not be dominant in its field of
operation. The Commission is 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 does 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.
The Commission notes that it is difficult
at times to assess these criteria in the
context of media entities and the
estimates of small businesses to which
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they apply may be over-inclusive to this
extent.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
24. The rule changes proposed in the
NPRM would, if adopted, potentially
increase the number of listener
complaints that must be included with
an interference claim to a minimum of
six and increase the amount of
information to be included with each
listener complaint to include signed
listener statements regarding listening
regularity and disinterestedness in the
complaining station. However, licensees
are encouraged to resolve interference
complaints privately and the recourse of
filing an interference claim with the
Commission is purely voluntary.
Moreover, the type of information to be
filed (i.e., information required to be
included with listener complaints) is
already familiar to broadcasters, so the
additional paperwork burdens would be
minimal.
Steps Taken To Minimize Significant
Impact on Small Entities and Significant
Alternatives Considered
25. 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.
26. In the NPRM, the Commission
seeks comment on its proposal to offer
additional flexibility to translator
licensees, including small entities, by
allowing them to resolve interference
issues using the effective and low-cost
method of submitting a minor
modification application to change
frequency to any available FM channel.
We also propose to clarify the
information that must be contained in
each listener interference complaint,
thus potentially reducing lengthy and
resource-intensive disputes over listener
bona fides. The Commission does not
anticipate that the proposed
certifications would add much, if any,
time needed to collect each listener
complaint. These requirements could
also potentially reduce the need for
pleadings to be filed at a later stage to
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prosecute or defend an interference
claim. To discourage the filing of poorly
substantiated interference claims, we
propose to require that a minimum
number of listener complaints be
submitted with each FM translator
interference and that listener complaints
beyond a certain contour would not be
considered actionable. Finally, the
Commission seeks comment on
streamlining the FM translator
interference resolution process by
relying on technical data rather than
requiring listener involvement with the
resolution process after prima facie
interference has been established by a
minimum number of properly
documented listener complaints. We
anticipate that these proposals will
facilitate a consistent and fair
interference claim resolution process
and reduce the number of prolonged
and contentious FM translator
proceedings. Alternatives considered by
the Bureau include retaining the
existing process, requiring a greater or
lesser number of listener complaints to
be submitted with each claim,
establishing a greater or lesser contour
beyond which listener complaints
would not be considered actionable, and
alternative forms of technical data, such
as field strength tests, to demonstrate
resolution of translator interference
complaints. The NPRM requests
comment on the effect of the proposed
rule changes on all affected entities. The
Commission is open to consideration of
alternatives to the proposals under
consideration, including but not limited
to alternatives that will minimize the
burden on FM broadcasters, many of
whom are small businesses.
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Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rule
27. None.
Ex Parte Rules
28. Permit But Disclose. The
proceeding this NPRM initiates shall be
treated as a ‘‘permit-but-disclose’’
proceeding in accordance with the
Commission’s ex parte rules. 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 ex
parte presentations must file a copy of
any written presentation or a
memorandum summarizing any oral
presentation within two business days
after the presentation (unless a different
deadline applicable to the Sunshine
period applies). Persons making oral ex
parte presentations are reminded that
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memoranda summarizing the
presentation must (1) list all persons
attending or otherwise participating in
the meeting at which the ex parte
presentation was made, and (2)
summarize all data presented and
arguments made during the
presentation. Memoranda must contain
a summary of the substance of the ex
parte 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. If the presentation
consisted in whole or in part of the
presentation of data or arguments
already reflected in the presenter’s
written comments, memoranda or other
filings in the proceeding, the presenter
may provide citations to such data or
arguments in his or her prior comments,
memoranda, or other filings (specifying
the relevant page and/or paragraph
numbers where such data or arguments
can be found) in lieu of summarizing
them in the memorandum. Documents
shown or given to Commission staff
during ex parte meetings are deemed to
be written ex parte presentations and
must be filed consistent with § 1.1206(b)
of the rules. In proceedings governed by
§ 1.49(f) of the rules or for which the
Commission has made available a
method of electronic filing, written ex
parte presentations and memoranda
summarizing oral ex parte
presentations, and all attachments
thereto, must be filed through the
electronic comment filing system
available for that proceeding, and must
be filed in their native format (e.g., .doc,
.xml, .ppt, searchable .pdf). Participants
in this proceeding should familiarize
themselves with the Commission’s ex
parte rules.
Filing Procedures
29. 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
before the dates indicated on the first
page of this document. Comments may
be filed using the Commission’s
Electronic Comment Filing System
(ECFS). Electronic Filers: Comments
may be filed electronically using the
internet by accessing the ECFS: https://
apps.fcc.gov/ecfs/.
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://apps.fcc.gov/
ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
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each additional docket or rulemaking
number.
Æ Filings can be sent by hand or
messenger delivery, by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
Æ All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW, Room TW–A325,
Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes and boxes must be disposed
of before entering the building.
Æ Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.
Æ U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street SW,
Washington, DC 20554.
• People with Disabilities: To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
Ordering Clauses
30. It is ordered that, pursuant to the
authority contained in § 1.407 of the
Commission’s rules, 47 CFR 1.407, the
Petitions for Rulemaking filed by
National Association of Broadcasters
and Aztec Capital Partners, Inc. are
granted to the extent specified herein.
31. It is further ordered that, pursuant
to the authority contained in sections 1,
4(i), 4(j), 301, 303, 307, 308, 309, 316,
and 319 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154(i),
154(j), 301, 303, 307, 308, 309, 316, and
319, this Notice of Proposed
Rulemaking is adopted.
32. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
this Notice of Proposed Rulemaking,
including the Initial Regulatory
Flexibility Analysis, to the Chief
Counsel for Advocacy of the Small
Business Administration.
List of Subjects in 47 CFR Part 74
Communications equipment,
Education, Radio, Reporting and
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recordkeeping requirements, Research,
Television.
§ 74.1204 Protection of FM broadcast, FM
Translator and LP100 stations.
DEPARTMENT OF COMMERCE
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
*
National Oceanic and Atmospheric
Administration
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 74 as follows:
PART 74—EXPERIMENTAL RADIO,
AUXILIARY, SPECIAL BROADCAST
AND OTHER PROGRAM
DISTRIBUTIONAL SERVICES
1. The authority citation for part 74
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, 307,
309, 310, 336 and 554.
2. Section 74.1201 is amended by
adding paragraph (k) to read as follows:
■
§ 74.1201
Definitions.
*
*
*
*
*
(k) Listener complaint. A complaint
that is signed by the listener and
contains the following information:
(1) Full name and contact
information;
(2) A clear, concise, and accurate
description of the location where the
interference is alleged or predicted to
occur;
(3) A statement that the complainant
listens to the desired station at least
twice a month; and
(4) A statement that the complainant
has no legal, financial, or familial
affiliation with the desired station.
■ 3. Section 74.1203 is amended by
revising paragraph (a)(3) to read as
follows:
daltland on DSKBBV9HB2PROD with PROPOSALS
§ 74.1203
Interference.
(a) * * *
(3) The direct reception by the public
of the off-the-air signals of any full
service station or previously authorized
secondary station. Interference will be
considered to occur whenever reception
of a regularly used signal, as
demonstrated by six or more listener
complaints as defined in § 74.1201(k)
and a map plotting specific listener
addresses in relation to the relevant
station contours, is impaired by the
signals radiated by the FM translator or
booster station, regardless of the quality
of such reception or the channel on
which the protected signal is
transmitted; except that no listener
complaint will be considered actionable
if the alleged interference occurs outside
the desired station’s 54 dBm contour.
*
*
*
*
*
■ 4. Section 74.1204 is amended by
revising paragraph (f) to read as follows:
VerDate Sep<11>2014
16:21 Jun 05, 2018
Jkt 244001
*
*
*
*
(f) An application for an FM translator
station will not be accepted for filing
even though the proposed operation
would not involve overlap of field
strength contours with any other station,
as set forth in paragraph (a) of this
section, if grant of the authorization will
result in interference to the reception of
a regularly used, off-the-air signal of any
authorized co-channel, first, second or
third adjacent channel broadcast station,
including previously authorized
secondary service stations, within the
54 dBm field strength contour of the
desired station, as demonstrated by six
or more listener complaints, as defined
in § 74.1201(k), as well as a map
plotting specific listener addresses in
relation to the relevant station contours.
*
*
*
*
*
■ 5. Section 74.1233 is amended by
revising paragraph (a)(1) to read as
follows:
§ 74.1233 Processing FM translator and
booster station applications.
(a) * * *
(1) In the first group are applications
for new stations or for major changes in
the facilities of authorized stations. For
FM translator stations, a major change
is:
(i) Any change in frequency (output
channel) except:
(A) Changes to first, second or third
adjacent channels, or intermediate
frequency channels; or
(B) Upon a showing of interference to
or from any other broadcast station,
remedial changes to any frequency; or
(ii) Any change in antenna location
where the station would not continue to
provide 1 mV/m service to some portion
of its previously authorized 1 mV/m
service area.
(iii) In addition, any change in
frequency relocating a station from the
non-reserved band to the reserved band,
or from the reserved band to the nonreserved band, will be considered major.
All other changes will be considered
minor. All major changes are subject to
the provisions of §§ 73.3580 and 1.1104
of this chapter pertaining to major
changes.
*
*
*
*
*
[FR Doc. 2018–11964 Filed 6–5–18; 8:45 am]
BILLING CODE 6712–01–P
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
50 CFR Part 679
[Docket No. 170630613–8489–01]
RIN 0648–BH02
Fisheries of the Exclusive Economic
Zone Off Alaska; Yellowfin Sole
Management in the Groundfish
Fisheries of the Bering Sea and
Aleutian Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes regulations to
implement Amendment 116 to the
Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(BSAI FMP). If approved, Amendment
116 would limit access to the Bering Sea
and Aleutian Islands (BSAI) Trawl
Limited Access Sector (TLAS) yellowfin
sole directed fishery by vessels that
deliver their catch of yellowfin sole to
motherships for processing. This
proposed rule would establish eligibility
criteria based on historical participation
in the BSAI TLAS yellowfin sole
directed fishery, issue an endorsement
to those groundfish License Limitation
Program (LLP) licenses that meet the
eligibility criteria, and authorize
delivery of BSAI TLAS yellowfin sole to
motherships by only those vessels
designated on a groundfish LLP license
that is endorsed for the BSAI TLAS
yellowfin sole directed fishery.
This proposed action is necessary to
prevent increased catcher vessel
participation from reducing the benefits
the fishery provides to historic and
recent participants, mitigate the risk that
a ‘‘race for fish’’ could develop, and
help to maintain the consistently low
rates of halibut bycatch in the BSAI
TLAS yellowfin sole directed fishery.
This proposed rule is intended to
promote the goals and objectives of the
Magnuson-Stevens Fishery
Conservation and Management Act,
Amendment 116, the BSAI FMP, and
other applicable laws.
DATES: Submit comments on or before
July 6, 2018.
ADDRESSES: You may submit comments
on this document, identified by FDMS
Docket Number NOAA–NMFS–2017–
0083, by any of the following methods:
SUMMARY:
E:\FR\FM\06JNP1.SGM
06JNP1
Agencies
[Federal Register Volume 83, Number 109 (Wednesday, June 6, 2018)]
[Proposed Rules]
[Pages 26229-26237]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11964]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 74
[MB Docket No. 18-119; FCC 18-60]
FM Translator Interference
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Commission discusses several proposals
designed to streamline the rules relating to interference caused by FM
translators and expedite the translator complaint resolution process,
based in part upon the petitions for rulemaking filed by the National
Association of Broadcasters and Aztec Capital Partners, Inc.
DATES: Comments may be filed on or before July 6, 2018 and reply
comments may be filed on or before August 6, 2018. Written comments on
the Paperwork Reduction Act proposed information collection
requirements must be submitted by the public, Office of Management and
Budget (OMB), and other interested parties on or before August 6, 2018.
ADDRESSES: You may submit comments, identified by MB Docket No. 18-119,
by any of the following methods:
Federal Communications Commission's Website: https://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
Mail: 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.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] 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: Albert Shuldiner, Chief, Media Bureau,
Audio Division, (202) 418-2721; Christine Goepp, Media Bureau, Audio
Division, (202) 418-7834. Direct press inquiries to Janice Wise at
(202) 418-8165. For additional information concerning the Paperwork
Reduction Act (PRA) information collection
[[Page 26230]]
requirements contained in this document, contact Cathy Williams at 202-
418-2918, or via the internet at [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking, MB Docket No. 18-119, FCC 18-60, adopted and
released May 10, 2018. The full text of this document is available
electronically via the FCC's Electronic Document Management System
(EDOCS) website at https://fjallfoss.fcc.gov/edocs_public/ or via the
FCC's Electronic Comment Filing System (ECFS) website at https://fjallfoss.fcc.gov/ecfs2/. (Documents will be available electronically
in ASCII, Microsoft Word, and/or Adobe Acrobat.) This document is also
available for public inspection and copying during regular business
hours in the FCC Reference Information Center, which is located in Room
CY-A257 at FCC Headquarters, 445 12th Street SW, Washington, DC 20554.
The Reference Information Center is open to the public Monday through
Thursday from 8:00 a.m. to 4:30 p.m. and Friday from 8:00 a.m. to 11:30
a.m. The complete text may be purchased from the Commission's copy
contractor, 445 12th Street SW, Room CY-B402, Washington, DC 20554.
Alternative formats are available for people with disabilities
(Braille, large print, electronic files, audio format), by sending an
email to [email protected] or calling the Commission's Consumer and
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432
(TTY).
Initial Paperwork Reduction Act of 1995 Analysis
The Notice of Proposed Rulemaking (NPRM) contains proposed
information collection requirements subject to the PRA, Public Law 104-
13. OMB, the general public, and other Federal agencies are invited to
comment on the proposed new and modified information collection
requirements contained in this NPRM.
Comments on the proposed information collection requirements should
address: (a) Whether the proposed collection of information is
necessary for the proper performance of the functions of the
Commission, including whether the information shall have practical
utility; (b) the accuracy of the Commission's burden estimates; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology.
Pursuant to the Small Business Paperwork Relief Act of 2002, Public Law
107-198, see 44 U.S.C. 3506(c)(4), the FCC seeks specific comment on
how it might ``further reduce the information collection burden for
small business concerns with fewer than 25 employees.''
In addition to filing comments with the Secretary, a copy of any
Paperwork Reduction Act comments on the information collection
requirements contained herein should be submitted to Cathy Williams,
via the internet to [email protected], and to Nicholas A. Fraser,
Office of Management and Budget (OMB), via the internet to
[email protected].
To view a copy of this information collection request (ICR)
submitted to OMB: (1) Go to the web page https://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the web page called ``Currently
Under Review,'' (3) click on the downward-pointing arrow in the
``Select Agency'' box below the ``Currently Under Review'' heading, (4)
select ``Federal Communications Commission'' from the list of agencies
presented in the ``Select Agency'' box, (5) click the ``Submit'' button
to the right of the ``Select Agency'' box, (6) when the list of FCC
ICRs currently under review appears, look for the Title of this ICR and
then click on the ICR Reference Number. A copy of the FCC submission to
OMB will be displayed.
The proposed information collections are as follows:
OMB Control Number: 3060-xxxx.
Title: Sections 74.1203(a)(3), Interference, and 74.1204(f),
Protection of FM broadcast, FM Translator and LP100 stations.
Type of Review: New collection.
Respondents: Business or other for-profit entities; Not-for-profit
institutions; State, Local or Tribal Government.
Number of Respondents and Responses: 270 respondents; 270
responses.
Estimated Time per Response: 3-5 hours.
Frequency of Response: Third party disclosure requirement and on
occasion reporting requirement.
Total Annual Burden: 1,080 hours.
Total Annual Cost: $924,100.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this collection of information is contained in
sections 1, 4(i), 4(j), 301, 303, 307, 308, 309, 316, and 319 of the
Communications Act, 47 U.S.C. 151, 154(i), 154(j), 301, 303, 307, 308,
309, 316, and 319.
Nature and Extent of Confidentiality: There is no need for
confidentiality with this collection of information.
Privacy Act Impact Assessment: No impact(s).
Needs and Uses: On May 10, 2018, the Commission adopted a Notice of
Proposed Rulemaking, Amendment of Part 74 of the Commission's Rules
Regarding FM Translator Interference, FCC 18-60, MB Docket No. 18-119,
proposing to streamline the rules relating to interference caused by FM
translators and expedite the translator interference complaint
resolution process. The proposals, if implemented, could limit or avoid
protracted and contentious interference resolution disputes, provide
translator licensees both additional flexibility to remediate
interference and additional investment certainty, and allow expedited
resolution of interference claims by affected stations.
The rule changes proposed in the NPRM would, if adopted,
potentially increase the number of listener complaints that must be
included with an interference claim to a minimum of six, and increase
the amount of information to be included with each listener complaint
to include signed listener statements regarding listening regularity
and non-affiliation with the complaining station. In the NPRM, the
Commission is seeking comment on its proposal to specify and clarify
the information that must be contained in each listener interference
complaint, thus potentially reducing lengthy and resource-intensive
disputes over a listener's bona fides. To discourage the filing of
poorly substantiated claims, the Commission is proposing to require
that a minimum number of listener complaints be submitted with each
translator interference claim and that listener complaints beyond a
certain contour would not be actionable. Finally, the Commission is
seeking comment on streamlining the interference resolution process by
applying technical data, rather than relying on listener involvement,
to demonstrate resolution of properly documented, bona fide listener
complaints. Under this new information collection, the following
information collection requirements require OMB approval.
The Commission proposes to amend Sec. Sec. 74.1203(a)(3) (actual
interference) and 74.1204(f) (predicted interference) of the rules to
state that interference will be considered to occur whenever reception
of a regularly used signal by six or more listeners, at separate
locations using separate receivers, is impaired or is predicted to be
impaired,
[[Page 26231]]
by the signals radiated by the FM translator station.
The Commission also proposes to codify the Sec. 74.1203(a)(3) and
74.1204(f) listener complaint requirements in Sec. 74.1201(k). All
listener complaints, whether submitted under Sec. 74.1203(a)(3) or
Sec. 74.1204(f), must be signed by the listener and contain the
following: (1) Full name and contact information; (2) a clear, concise,
and accurate description of the location where the interference is
alleged to occur; (3) to demonstrate that the complainant is a regular
listener, a statement that the complainant listens to the desired
station at least twice a month; and (4) to demonstrate that the
complainant is disinterested, a statement that the complainant has no
legal, financial, or familial affiliation with the desired station. In
addition, stations submitting a translator interference claim pursuant
to either Sec. 74.1203(a)(3) or Sec. 74.1204(f) must include a map
plotting specific listener addresses in relation to the relevant
station contours. Section 74.1204(f) complaints must also provide
technical evidence of interference to the reception of the desired
station at the listener locations specified, such as through U/D signal
strength data.
Finally, in order to simplify and expedite the interference
resolution process, the NPRM proposes to require that the FM translator
operator, once interference has been initially established through bona
fide listener complaints under either Sec. 74.1203(a)(3) or Sec.
74.1204(f), submit a technical showing that all interference has been
eliminated. The NPRM proposes to require that this technical showing be
based on the same U/D ratio methodology applicable to Sec. 74.1204(f)
complaints described above, in addition to on/off tests, if
appropriate, and as directed by Commission staff.
OMB Control Number: 3060-0405.
Title: Application for Authority to Construct or Make Changes in an
FM Translator or FM Booster Station, FCC Form 349.
Form Number: FCC Form 349.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; State, Local or
Tribal Government; Not-for-profit institutions.
Number of Respondents and Responses: 1,350 respondents; 2,700
responses.
Estimated Time per Response: 1-1.5 hours.
Frequency of Response: On occasion reporting requirement; Third
party disclosure requirement.
Obligation to Respond: Required to obtain or retain benefits. The
statutory authority for this information collection is contained in
sections 154(i), 303 and 308 of the Communications Act of 1934, as
amended.
Total Annual Burden: 5,050 hours.
Total Annual Cost: $5,291,550.
Privacy Act Impact Assessment: No impact(s).
Nature and Extent of Confidentiality: There is no need for
confidentiality with this information collection.
Needs and Uses: FCC Form 349 is used to apply for authority to
construct a new FM translator or FM booster broadcast station, or to
make changes in the existing facilities of such stations.
Form 349 also contains a third-party disclosure requirement,
pursuant to 47 CFR 73.3580. This rule requires stations applying for a
new broadcast station, or to make major changes to an existing station,
to give local public notice of this filing in a newspaper of general
circulation in the community in which the station is located. This
local public notice must be completed within 30 days of the tendering
of the application. This notice must be published at least twice a week
for two consecutive weeks in a three-week period. In addition, a copy
of this notice must be placed in the station's public inspection file
along with the application, pursuant to 47 CFR 73.3527. This
recordkeeping information collection requirement is contained in OMB
Control No. 3060-0214, which covers Sec. 73.3527.
On May 10, 2018, the Commission adopted a Notice of Proposed
Rulemaking, Amendment of Part 74 of the Commission's Rules Regarding FM
Translator Interference, FCC 18-60, MB Docket No. 18-119, proposing to
streamline the rules relating to interference caused by FM translators,
and expedite the translator interference complaint resolution process.
The proposals, if implemented, could limit or avoid protracted and
contentious interference resolution disputes, provide translator
licensees both additional flexibility to remediate interference and
additional investment certainty, and allow earlier and expedited
resolution of interference complaints by affected stations.
In the NPRM, the Commission seeks comment on its proposal to offer
additional flexibility to translator licensees, by allowing them to
resolve interference issues using the effective and low-cost method of
submitting a minor modification application to change frequency to any
available FM channel. This method could potentially reduce the need for
pleadings to be filed at a later stage to prosecute or defend an
interference claim.
Specifically, the NPRM pertains to this Information Collection as
it proposes to modify Sec. 74.1233(a)(1) of the rules to define an FM
translator station's change to any available FM channel as a minor
change, filed using FCC Form 349, upon a showing of actual interference
to or from any other broadcast station. Currently, if an existing FM
translator causes actual interference as prohibited by Sec.
74.1203(a), it is limited to remedial channel changes, filing FCC Form
349 as a minor change application, to first, second, or third adjacent,
or IF channels. A change to any other channel is considered a major
change on FCC Form 349, which currently may only be submitted during a
filing window. The NPRM, if adopted, will enable more translator
stations to cure interference by simply changing channels by filing
Form 349 as a minor change application, rather than other costlier and
less efficient remedies.
With this submission, the Commission is currently seeking to obtain
OMB approval for the proposed revision to Sec. 74.1233(a)(1) of the
rules. This revision will modify the number of respondents, number of
responses, annual burden hours, and annual costs for this collection.
Synopsis of Notice of Proposed Rule Making
Introduction
1. In this Notice of Proposed Rulemaking (NPRM), the Commission
proposes to streamline the rules relating to interference caused by FM
translators and expedite the translator complaint resolution process,
based in part upon the petitions for rulemaking filed by the National
Association of Broadcasters (NAB) (NAB Petition) and Aztec Capital
Partners, Inc. (Aztec) (Aztec Petition). Specifically, the Commission
seeks comment on: (1) Allowing FM translators to resolve interference
issues by changing channels to any available frequency using a minor
modification application; (2) requiring a minimum number of listener
complaints to be submitted with any FM translator interference claim;
(3) standardizing the information that must be included within such a
listener complaint; (4) streamlining and expediting interference
complaint resolution procedures; (5) establishing an outer contour
limit for the affected station beyond which listener complaints would
not be considered actionable; and (6) modifying the scope of
interference complaints permitted to be filed by affected stations at
the application stage. The Commission's proposals also apply
[[Page 26232]]
to booster stations, although we note that, as booster stations are
limited in operation to the same channel as their primary station, the
proposal to allow non-adjacent frequency changes by minor change
application will not be available to booster stations. These proposals
could, if implemented, limit or avoid protracted and contentious
interference resolution disputes, provide translator licensees both
additional flexibility to remediate interference and additional
investment certainty, and allow earlier and expedited resolution of
interference complaints by affected stations.
2. Recent substantial growth in the translator service, as well as
the economic importance of translators for AM station viability, has
led to increased industry interest in clarifying and streamlining the
translator interference rules to create greater investment certainty
and avoid protracted and expensive interference resolution disputes. As
a secondary service, FM translators must not cause either predicted or
actual interference to any authorized broadcast station. If
interference is demonstrated, the translator must resolve the issue or
cease operation. The Commission distinguishes between predicted
interference, which is determined at the time a construction permit
application is processed, and actual interference, which is determined
after a translator station has begun operation. Under 47 CFR
74.1203(a), a translator is prohibited from causing actual interference
to the direct reception by the public of the off-the-air signals of any
authorized broadcast station at any time after the translator commences
operation. Although listeners are permitted to submit interference
complaints directly to the Commission, it is much more common for the
affected station to submit a claim of actual interference to the
Commission based on complaints obtained from its listeners. Under 47
CFR 74.1204(f), an application will not be granted if an objector
provides convincing evidence that the predicted 60 dB[micro] contour of
the translator would overlap a populated area already receiving a
regularly used, off-the-air signal of any authorized co-channel, first,
second or third adjacent channel broadcast station and grant of the
authorization will result in interference to the reception of such
signal.
3. Channel changes. If the Commission receives a valid interference
complaint, the translator licensee must either eliminate the
interference using ``suitable techniques'' or suspend operations.
Changing channels is often the preferred solution, because it allows
translators to quickly resolve interference at minimal cost and with
little or any reduction in service area. However, this option is
currently limited by 47 CFR 74.1233(a)(1), which restricts translator
modifications that can be carried out using a minor change application
to: (1) Channel changes to first, second, or third adjacent channels,
or intermediate frequency channels; and (2) changes in antenna location
where the translator station would continue to provide 60 dB[micro]
service to some portion of its previously authorized 60 dB[micro]
service area. Changes that do not qualify as minor may only be
submitted during a filing window. In the NPRM, the Commission proposes
to define an FM translator's change to any same-band available FM
channel as a minor change upon a showing of interference to or from any
other broadcast station. It anticipates that this measure would
facilitate interference resolution, avoid time- and resource-consuming
conflicts, and, in some cases, prevent translator stations from being
forced to suspend operations. The Commission seeks comment on this
proposal, and on whether to impose any minimum technical requirements
on such showings, e.g., an engineering statement.
4. The Commission also seeks comment on limiting this flexibility
to modification applications seeking channels within the same FM band
(i.e., the reserved or non-reserved FM bands). Specifically, it
proposes to modify Sec. 74.1233(a)(1) to define any channel change for
a translator from a non-reserved band frequency to a reserved band
frequency, or vice versa, as a major change. Currently, this
prohibition is limited to unbuilt stations. With the increased channel
change activity that it anticipates will be generated by this proposal,
as well as the overall growth of the FM translator service, the
Commission believes that this measure is necessary to preserve the
integrity of the filing window system.
5. Minimum number of listener complaints. The existing interference
resolution process consists of Commission staff mediating interference
disputes based upon as little as one listener complaint of
interference. In the NPRM, the Commission proposes to require a minimum
number of listener complaints to be submitted in support of any claim
of translator interference. NAB suggests six listener complaints as a
``reasonable starting point,'' based on consultation with various
industry stakeholders. This measure, NAB claims, would help avoid
disputes over whether a claim supported by only one or two listeners
has been adequately substantiated. A number of commenters suggested a
higher required minimum number of listener complaints, such as ten, or
a variable system based on the size of the market or population
affected. The Commission seeks comment on whether six complaints is a
reasonable threshold of listener complaints, noting that six listener
complaints are required in the context of a digital FM signal causing
interference to an analog station. Should the Commission vary this
figure based on the population of the area affected, the total
population served by the complaining station, or any other potential
denominator, or would a single number work in most situations? Would it
be administratively feasible to vary the figure in this way? Should the
Commission apply this minimum complaint requirement in both predicted
and actual interference contexts? If so, should the same minimum number
apply to each rule section? The Commission proposes to apply this
requirement to both translators and boosters and seeks comment on this
proposal. Are there reasons to distinguish between translator and
booster stations in this context? Is there a need to establish a
maximum time period within which the required number of complaints must
be obtained by the affected station and/or received by the Commission?
Although most interference claims are submitted by the affected
station, the Commission also seeks comment on appropriate procedures
for handling complaints received directly from listeners. Should the
Commission forward such complaints to the affected station licensee?
6. The Commission tentatively concludes that six represents a
reasonable minimum of listener complaints that will address the concern
that interference complaints may be inadequately substantiated without
imposing too heavy an evidentiary burden on the complaining station.
Therefore, the Commission proposes to amend Sec. Sec. 74.1204(f) and
74.1203(a)(3) to state that interference will be considered to occur
whenever reception of a regularly used signal by six or more listeners,
at separate locations using separate receivers, is impaired or is
predicted to be impaired by the signals radiated by the FM translator
station. The Commission seeks comment on this proposal. Although the
Commission proposes a minimum number of listener complaints, it
tentatively concludes that it will not adopt NAB's proposal that
[[Page 26233]]
the Commission require a showing of interference at a sufficient number
of locations within the affected area to demonstrate ``a real and
consistent interference problem.'' This proposal would have the
Commission overlook or undervalue multiple listener complaints from the
same approximate location, such as an apartment building, and is thus
in tension with the Commission's focus on ``reception by the public''
in Sec. 74.1203(a)(3) and prevention of interference to ``populated
areas'' in Sec. 74.1204(f). The Commission seeks comment on this
conclusion.
7. Complaint requirements and remediation procedures. In the NPRM,
the Commission observes that the interference resolution process is
often delayed or sidetracked by disputes over the validity of the
claimed interference, the objectivity of complaining listeners, or
procrastination by one of the parties. Addressing these matters can be
time-consuming for Commission staff and detrimental to one or both
parties. Moreover, seemingly similar cases can vary in the time,
effort, and expense needed to resolve them, leading to a perception of
an ad hoc process with inconsistent outcomes. Although the Commission
requires that listener complainants regularly listen to the affected
station and be disinterested in the affected station, it currently does
not require upfront listener certifications to this effect. Rather,
listener bona fides are contested after the interference claim is
submitted to the Commission.
8. The Commission seeks comment on mandating that all listener
complaints, whether submitted under 47 CFR 74.1203(a)(3) or 74.1204(f),
must be signed by the listener and contain the following: (1) Full name
and contact information; (2) a clear, concise, and accurate description
of the location where the interference is alleged to occur; (3) to
demonstrate that the complainant is a regular listener, a statement
that the complainant listens to the desired station at least twice a
month; and (4) to demonstrate that the complainant is disinterested, a
statement that the complainant has no legal, financial, or familial
affiliation with the desired station. In addition, stations submitting
a translator interference claim pursuant to either 47 CFR 74.1203(a)(3)
or 74.1204(f) must include a map plotting specific listener addresses
in relation to the relevant station contours. This proposal would not
affect the existing 47 CFR 74.1204(f) requirement to provide technical
evidence of interference to the reception of the desired station at the
listener locations specified, such as through U/D signal strength data.
9. The Commission seeks comment on whether these strengthened
upfront listener complaint requirements would significantly reduce
challenges to a listener's bona fides and hence simplify and streamline
translator interference proceedings. The Commission also proposes to
clarify that listener complaints solicited by the station and/or
presented in a standardized format, such as a list or form letter, will
not be taken as evidence that a listener is impermissibly affiliated
with the complaining station. Similarly, it proposes to clarify that
social media connections, such as friending or following a station or
its personnel on Facebook, Twitter, or other social media platforms,
between listeners and the complaining station or its personnel will not
be taken as evidence that a listener is impermissibly affiliated with
the complaining station, because such a connection does not amount to a
legal, economic, or familial interest in the station. The Commission
seeks comment on these proposals.
10. The Commission also proposes that a listener complaint that
meets the above content requirements will presumptively establish
interference at the relevant location, which must then be promptly
eliminated by the translator operator using any suitable technique--
including, as appropriate, a modification application to change
channels as proposed herein--or, if necessary, suspending operations.
The Commission anticipates that the more formal and detailed complaint
format proposed herein will reduce the need for staff involvement in
disputes over the validity of complaints. Moreover, the Commission
believes that the U/D signal ratio test procedure outlined below will
minimize the need for staff involvement in the interference resolution
process beyond: (1) Confirming the sufficiency of listener complaints
submitted formally to the Commission; (2) notifying the relevant
translator of such complaints and any applicable deadline for
resolution; and (3) reviewing any technical showings purporting to
establish that all interference has been resolved. The Commission also
proposes to clarify that a listener whose complaint is sent to a
station and then submitted as part of an interference claim or other
request for relief filed by an affected station licensee is not
entitled to protection under the ex parte rules because the listener
has not submitted a filing with the Commission. Therefore, listener
complainants are not parties to any proceeding that may be initiated by
a complaint or other request for relief filed by a station licensee and
are not entitled to protection under the ex parte rules. However, as
before, a station licensee filing an interference claim or other
request for relief is considered a party to the proceeding and entitled
to protection under the ex parte rules. The Commission seeks comment on
these proposals.
11. The Commission proposes to eliminate the current requirement
that the complaining listener cooperate with remediation efforts. For
example, a listener would not be required to accept equipment or
equipment modifications (e.g., a new receiver) as a way of addressing
interference. Instead, the Commission seeks comment on removing the
listener from the complaint resolution process by requiring the
translator operator, once interference has been initially established
through listener complaints, to submit a technical showing that all
interference has been eliminated. The Commission proposes to require
this technical showing to be based on the same U/D ratio methodology
applicable to 47 CFR 74.1204(f) complaints, using the standard contour
prediction methodology specified in 47 CFR 73.313, in addition to on/
off tests if appropriate and directed by Commission staff. A translator
licensee could use these U/D showings to demonstrate the parameters
with which it could operate on its current frequency and not cause
interference. The Commission seeks comment on this proposal to simplify
and expedite interference resolution. Will the U/D showings, in
conjunction with the standard contour prediction methodology, be
sufficient to make these determinations accurately in the majority of
interference scenarios? The Commission notes that a number of
commenters questioned the reliability of listeners' assessment of
interference. Should the Commission rely exclusively on technical U/D
showings as proposed, or continue to involve the listener if the
listener alleges that he or she subjectively continues to experience
interference despite U/D showings to the contrary? If on/off tests are
included as part of the remediation process, what technical standards
or procedures, if any, should be required regarding location, timing,
receivers, etc.? Should the Commission require the use of specific
receivers, or types of receivers, to promote consistent on/off test
results? Would this proposal reduce or eliminate unproductive or
unpleasant interactions between translator operators and complaining
listeners? Finally, the Commission seeks comment on
[[Page 26234]]
establishing an appropriate deadline for translators to resolve all
properly substantiated interference complaints and submit an acceptable
technical showing or be subject to suspension of operation. In addition
to imposing a deadline on translators to resolve interference, are
there other measures the Commission could take to expedite the
interference resolution process? The Commission seeks comment on NAB's
suggestion that it establish Commission deadlines for acting on
interference complaints. Is this necessary should the Commission adopt
deadlines on translators to resolve complaints? How should the
Commission balance this work against its other competing priorities
affecting radio broadcasters?
12. Limit on actual interference complaints. The Commission seeks
comment on identifying a signal strength beyond which an FM station may
not claim interference to its listeners from an FM translator. This
proposal addresses a concern raised by Aztec and other commenters that
the current rules encourage competitor licensees to file minimally
substantiated claims against distant translators.
13. The Commission expresses reservations about two aspects of
Aztec's proposal. First, the Commission believes that Aztec's proposal
to prohibit translator interference only within the 60 dB[micro]
contour of other stations would be inconsistent with translators' role
as a secondary service, fundamentally changing the existing balance of
equities between translators and other broadcast stations and affect
the listening options for listeners outside the other broadcast
station's protected contour. Second, the Commission tentatively
concludes that it would not be advisable or administratively feasible
to distinguish between fill-in and other area translators in this
context, because it is a relatively simple matter for a translator
licensee to change primary stations and hence change the fill-in status
and protection obligations of the translator station. The Commission
declines to assume that a fill-in translator presumptively provides
``local'' service or, conversely, that a complaining station is
``distant'' based merely on the distance between its transmitter site
and certain of its listeners, particularly commuters. These terms may
refer as much to programming content as to the proximity of the
transmitter site. While the Commission's translator policy is intended
to promote overall program diversity, it does not otherwise assess the
value of content--again, taking into consideration the ease with which
programming can be changed. For these reasons, the Commission does not
seek comment on Aztec's suggestion to differentiate between fill-in and
other area translators for interference protection purposes. However,
the Commission seeks comment on possible alternative ways to address
Aztec's underlying concerns.
14. The Commission proposes to identify a predicted signal contour
within which most of a station's listeners are located and to not
require the elimination of interference beyond that contour. The
Commission believes that it can thus restrict stations from making
specious interference allegations while preserving translators' status
as a secondary service. This approach is similar to that used in the
LPFM service and is based on the common language of Sec. Sec.
74.1203(a)(3) and 74.1204(f), which prohibit interference to a
``regularly used'' broadcast signal, and Sec. 74.1203(a)(3), which
prohibits interference with another station's ``reception by the
public.'' These provisions assume the existence of a signal capable of
being regularly received by the public and therefore should not permit
complaints regarding a signal that is not so received. Thus, the
Commission concludes that this proposal is consistent with the
secondary nature of translators. In this respect, it notes that the 60
dB[micro] contour standard is by no means an outer limit of
listenability. Rather, this contour has been principally used as an
allocations tool, which reflects a balance between providing adequate
service areas and permitting a sufficient number of FM assignments.
15. For these reasons, the Commission proposes to modify 47 CFR
74.1203(a)(3) to state that no complaint of actual interference will be
considered actionable if the alleged interference occurs outside the
desired station's 54 dB[micro] contour. Would this contour limit
achieve the goal of safeguarding the technical integrity of the FM
band? Should there be different outer limits for interference
complaints for FM stations in different Zones? The Commission
tentatively concludes that the greater contour protections afforded to
Class B and Class B1 in the non-reserved band are based on allocations
concerns regarding populous service areas and thus do not affect this
analysis or warrant separate treatment for Class B and Class B1
stations in this respect. The Commission seeks comment on this
conclusion.
16. Observing that the actual interference provisions of 47 CFR
74.1203(a)(3) and 74.1203(b) have given rise to some of the most
lengthy and contentious proceedings--as well as to allegations of
negative interactions between translator operators and complaining
listeners--the Commission proposes to reduce reliance on actual
interference complaints by harmonizing the scope of complaints that can
be preemptively brought under 47 CFR 74.1204(f) with those that are
based on allegations of actual interference. Specifically, it seeks
comment on amending 47 CFR 74.1204(f) to allow an objector to submit
evidence of bona fide listeners that are within the complaining
station's predicted 54 dB[micro] contour rather than, as currently, the
relevant translator's ``predicted 1 mV/v (60 dB[micro]) contour.'' By
modifying the scope of predicted interference claims to more closely
reflect post-grant actual interference requirements, the Commission
anticipates that more potential conflicts can be resolved before
applicants are fully invested in the proposed facility and may have
greater flexibility in pursuing remedial steps. The Commission seeks
comment on whether this proposal would encourage translator applicants
and their engineers to propose facilities that are more viable in the
long term. It tentatively concludes that the proposal is consistent
with section 5(3) of the Local Community Radio Act of 2010 (LCRA),
which states that the Commission must, when licensing new FM translator
stations, ensure that they remain secondary to existing and modified
full service FM stations. The proposal to modify the existing
limitation in Sec. 74.1204(f) will expand the geographic scope of
potential interference complaints against translators by full service
stations in most cases. In addition, as discussed above, this proposal
is consistent with the secondary nature of translators. The Commission
seeks comment on this conclusion.
Initial Regulatory Flexibility Analysis
17. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Commission has prepared this Initial Regulatory
Flexibility Analysis (IRFA) concerning the possible significant
economic impact on small entities of the policies and rules proposed in
the Notice of Proposed Rulemaking (NPRM). 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 provided on the
first page of the NPRM. The Commission will send a copy of the NPRM,
including this IRFA, to the Chief Counsel for Advocacy of the Small
Business Administration (SBA). In addition, the NPRM and IRFA (or
[[Page 26235]]
summaries thereof) will be published in the Federal Register.
Need for, and Objectives of, the Proposed Rule Changes
18. In this NPRM, the Commission seeks comment on whether to modify
certain standards and procedures relating to FM translator interference
complaints. Specifically, the Commission seeks comment on the following
proposals: (1) Allowing translators to resolve interference issues by
changing channels to any available FM frequency using a minor
modification application; (2) requiring a minimum number of listener
complaints to be submitted with any FM translator interference claim;
(3) clarifying the information that must be included within a listener
complaint; (4) establishing an outer contour limit for the affected
station beyond which listener complaints would not be actionable; (5)
modifying the scope of interference complaints permitted to be filed by
affected stations at the application stage; and (6) streamlining and
expediting interference complaint resolution procedure. These proposals
could, if implemented, avoid protracted and contentious interference
resolution disputes, provide translator licensees additional
flexibility to remediate interference, provide translator licensees
with additional investment certainty, and allow earlier and expedited
resolution of interference complaints by affected stations.
Legal Basis
19. The proposed action is authorized pursuant to sections 1, 4(i),
4(j), 301, 303, 307, 308, 309, 316, and 319 of the Communications Act,
47 U.S.C. 151, 154(i), 154(j), 301, 303, 307, 308, 309, 316, and 319.
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
20. The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (1) Is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the SBA. Below, we
provide a description of such small entities, as well as an estimate of
the number of such small entities, where feasible.
21. Radio Stations. This Economic Census category ``comprises
establishments primarily engaged in broadcasting aural programs by
radio to the public. Programming may originate in their own studio,
from an affiliated network, or from external sources.'' The SBA has
established a small business size standard for this category as firms
having $38.5 million or less in annual receipts. Economic Census data
for 2012 shows that 2,849 radio station firms operated during that
year. Of that number, 2,806 operated with annual receipts of less than
$25 million per year, 17 with annual receipts between $25 million and
$49,999,999 million and 26 with annual receipts of $50 million or more.
Therefore, based on the SBA's size standard, the majority of such
entities are small entities.
22. According to BIA/Kelsey Publications, Inc.'s Media Access Pro
Database, on March 30, 2018, 10,859 (or about 99.94 percent) of the
then total number of FM radio stations (10,865); 4,629 (or about 99.94
percent) of the then total number of AM radio stations (4,632); and all
of the 7,238 total FM translator stations (100 percent) had revenues of
$38.5 million or less for the year ending 2017, and thus qualify as
small entities under the SBA definition. We note that in assessing
whether a business entity qualifies as small under the above
definition, business control affiliations must be included. This
estimate, therefore, likely overstates the number of small entities
that might be affected, because the revenue figure on which it is based
does not include or aggregate revenues from affiliated companies.
23. As noted above, an element of the definition of ``small
business'' is that the entity not be dominant in its field of
operation. The Commission is 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 does 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. The Commission notes that it is
difficult at times to assess these criteria in the context of media
entities and the estimates of small businesses to which they apply may
be over-inclusive to this extent.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
24. The rule changes proposed in the NPRM would, if adopted,
potentially increase the number of listener complaints that must be
included with an interference claim to a minimum of six and increase
the amount of information to be included with each listener complaint
to include signed listener statements regarding listening regularity
and disinterestedness in the complaining station. However, licensees
are encouraged to resolve interference complaints privately and the
recourse of filing an interference claim with the Commission is purely
voluntary. Moreover, the type of information to be filed (i.e.,
information required to be included with listener complaints) is
already familiar to broadcasters, so the additional paperwork burdens
would be minimal.
Steps Taken To Minimize Significant Impact on Small Entities and
Significant Alternatives Considered
25. 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.
26. In the NPRM, the Commission seeks comment on its proposal to
offer additional flexibility to translator licensees, including small
entities, by allowing them to resolve interference issues using the
effective and low-cost method of submitting a minor modification
application to change frequency to any available FM channel. We also
propose to clarify the information that must be contained in each
listener interference complaint, thus potentially reducing lengthy and
resource-intensive disputes over listener bona fides. The Commission
does not anticipate that the proposed certifications would add much, if
any, time needed to collect each listener complaint. These requirements
could also potentially reduce the need for pleadings to be filed at a
later stage to
[[Page 26236]]
prosecute or defend an interference claim. To discourage the filing of
poorly substantiated interference claims, we propose to require that a
minimum number of listener complaints be submitted with each FM
translator interference and that listener complaints beyond a certain
contour would not be considered actionable. Finally, the Commission
seeks comment on streamlining the FM translator interference resolution
process by relying on technical data rather than requiring listener
involvement with the resolution process after prima facie interference
has been established by a minimum number of properly documented
listener complaints. We anticipate that these proposals will facilitate
a consistent and fair interference claim resolution process and reduce
the number of prolonged and contentious FM translator proceedings.
Alternatives considered by the Bureau include retaining the existing
process, requiring a greater or lesser number of listener complaints to
be submitted with each claim, establishing a greater or lesser contour
beyond which listener complaints would not be considered actionable,
and alternative forms of technical data, such as field strength tests,
to demonstrate resolution of translator interference complaints. The
NPRM requests comment on the effect of the proposed rule changes on all
affected entities. The Commission is open to consideration of
alternatives to the proposals under consideration, including but not
limited to alternatives that will minimize the burden on FM
broadcasters, many of whom are small businesses.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
27. None.
Ex Parte Rules
28. Permit But Disclose. The proceeding this NPRM initiates shall
be treated as a ``permit-but-disclose'' proceeding in accordance with
the Commission's ex parte rules. 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 ex parte presentations must file a
copy of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. Memoranda must contain a
summary of the substance of the ex parte 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.
If the presentation consisted in whole or in part of the presentation
of data or arguments already reflected in the presenter's written
comments, memoranda or other filings in the proceeding, the presenter
may provide citations to such data or arguments in his or her prior
comments, memoranda, or other filings (specifying the relevant page
and/or paragraph numbers where such data or arguments can be found) in
lieu of summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with Sec. 1.1206(b)
of the rules. In proceedings governed by Sec. 1.49(f) of the rules or
for which the Commission has made available a method of electronic
filing, written ex parte presentations and memoranda summarizing oral
ex parte presentations, and all attachments thereto, must be filed
through the electronic comment filing system available for that
proceeding, and must be filed in their native format (e.g., .doc, .xml,
.ppt, searchable .pdf). Participants in this proceeding should
familiarize themselves with the Commission's ex parte rules.
Filing Procedures
29. 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 the Commission's Electronic
Comment Filing System (ECFS). Electronic Filers: Comments may be filed
electronically using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
[cir] Filings can be sent by hand or messenger delivery, by
commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail. All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
[cir] All hand-delivered or messenger-delivered paper filings for
the Commission's Secretary must be delivered to FCC Headquarters at 445
12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours are
8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
[cir] Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
[cir] U.S. Postal Service first-class, Express, and Priority mail
must be addressed to 445 12th Street SW, Washington, DC 20554.
People with Disabilities: To request materials in
accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an email to [email protected] or
call the Consumer & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (tty).
Ordering Clauses
30. It is ordered that, pursuant to the authority contained in
Sec. 1.407 of the Commission's rules, 47 CFR 1.407, the Petitions for
Rulemaking filed by National Association of Broadcasters and Aztec
Capital Partners, Inc. are granted to the extent specified herein.
31. It is further ordered that, pursuant to the authority contained
in sections 1, 4(i), 4(j), 301, 303, 307, 308, 309, 316, and 319 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j),
301, 303, 307, 308, 309, 316, and 319, this Notice of Proposed
Rulemaking is adopted.
32. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Notice of Proposed Rulemaking, including the Initial
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of
the Small Business Administration.
List of Subjects in 47 CFR Part 74
Communications equipment, Education, Radio, Reporting and
[[Page 26237]]
recordkeeping requirements, Research, Television.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 74 as follows:
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
1. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 336 and 554.
0
2. Section 74.1201 is amended by adding paragraph (k) to read as
follows:
Sec. 74.1201 Definitions.
* * * * *
(k) Listener complaint. A complaint that is signed by the listener
and contains the following information:
(1) Full name and contact information;
(2) A clear, concise, and accurate description of the location
where the interference is alleged or predicted to occur;
(3) A statement that the complainant listens to the desired station
at least twice a month; and
(4) A statement that the complainant has no legal, financial, or
familial affiliation with the desired station.
0
3. Section 74.1203 is amended by revising paragraph (a)(3) to read as
follows:
Sec. 74.1203 Interference.
(a) * * *
(3) The direct reception by the public of the off-the-air signals
of any full service station or previously authorized secondary station.
Interference will be considered to occur whenever reception of a
regularly used signal, as demonstrated by six or more listener
complaints as defined in Sec. 74.1201(k) and a map plotting specific
listener addresses in relation to the relevant station contours, is
impaired by the signals radiated by the FM translator or booster
station, regardless of the quality of such reception or the channel on
which the protected signal is transmitted; except that no listener
complaint will be considered actionable if the alleged interference
occurs outside the desired station's 54 dB[micro] contour.
* * * * *
0
4. Section 74.1204 is amended by revising paragraph (f) to read as
follows:
Sec. 74.1204 Protection of FM broadcast, FM Translator and LP100
stations.
* * * * *
(f) An application for an FM translator station will not be
accepted for filing even though the proposed operation would not
involve overlap of field strength contours with any other station, as
set forth in paragraph (a) of this section, if grant of the
authorization will result in interference to the reception of a
regularly used, off-the-air signal of any authorized co-channel, first,
second or third adjacent channel broadcast station, including
previously authorized secondary service stations, within the 54
dB[micro] field strength contour of the desired station, as
demonstrated by six or more listener complaints, as defined in Sec.
74.1201(k), as well as a map plotting specific listener addresses in
relation to the relevant station contours.
* * * * *
0
5. Section 74.1233 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 74.1233 Processing FM translator and booster station
applications.
(a) * * *
(1) In the first group are applications for new stations or for
major changes in the facilities of authorized stations. For FM
translator stations, a major change is:
(i) Any change in frequency (output channel) except:
(A) Changes to first, second or third adjacent channels, or
intermediate frequency channels; or
(B) Upon a showing of interference to or from any other broadcast
station, remedial changes to any frequency; or
(ii) Any change in antenna location where the station would not
continue to provide 1 mV/m service to some portion of its previously
authorized 1 mV/m service area.
(iii) In addition, any change in frequency relocating a station
from the non-reserved band to the reserved band, or from the reserved
band to the non-reserved band, will be considered major. All other
changes will be considered minor. All major changes are subject to the
provisions of Sec. Sec. 73.3580 and 1.1104 of this chapter pertaining
to major changes.
* * * * *
[FR Doc. 2018-11964 Filed 6-5-18; 8:45 am]
BILLING CODE 6712-01-P