Low Power FM Radio Service Technical Rules, 49205-49212 [2019-19744]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 84, Number 182 (Thursday, September 19, 2019)]
[Proposed Rules]
[Pages 49205-49212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19744]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[MB Docket Nos. 19-193 and 17-105; FCC 19-74]


Low Power FM Radio Service Technical Rules

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) seeks comment on a Notice of Proposed Rulemaking (NPRM) 
proposing to improve technical rules that primarily affect Low Power FM 
(LPFM) radio stations, based upon a petition for rulemaking filed by 
REC Networks.

DATES: Comments may be filed on or before October 21, 2019 and reply 
comments may be filed on or before November 4, 2019.

ADDRESSES: You may submit comments, identified by MB Docket Nos. 19-193 
and 17-105, 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: Irene Bleiweiss, Media Bureau, Audio 
Division, (202) 418-2785. Direct press inquiries to Janice Wise at 
(202) 418-8165. For additional information concerning the Paperwork 
Reduction Act (PRA) information collection 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 NPRM, 
in

[[Page 49206]]

MB Docket Nos. 19-193 and 17-105, FCC 19-74, adopted and released on 
July 30, 2019. 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. 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 NPRM in document FCC 19-74 seeks comment on proposed rule 
amendments that may result in modified information collection 
requirements. If the Commission adopts any modified information 
collection requirements, the Commission will publish another notice in 
the Federal Register inviting the public to comment on the 
requirements, as required by the Paperwork Reduction Act. Public Law 
104-13; 44 U.S.C. 3501-3520. In addition, pursuant to the Small 
Business Paperwork Relief Act of 2002, the Commission seeks comment on 
how it might further reduce the information collection burden for small 
business concerns with fewer than 25 employees. Public Law 107-198; 44 
U.S.C. 3506(c)(4).

Synopsis

    1. Introduction. On July 30, 2019, the Commission adopted a Notice 
of Proposed Rulemaking, Amendment of Parts 73 and 74 of the 
Commission's Rules to Improve the Low Power FM Radio Service Technical 
Rules; Modernization of Media Regulation Initiative; FCC 19-75, MB 
Docket Nos. 19-193, 17-105, proposing to make the technical rules more 
flexible for LPFM stations. The NPRM states that the highly simplified 
engineering requirements adopted when it created the LPFM service 
almost 20 years ago do not provide LPFM applicants with transmission 
and siting options available to other broadcast stations, and that it 
may be possible to improve LPFM service by providing such options now 
that the LPFM service has matured.
    2. The rule changes proposed in the NPRM would, if adopted, revise 
the technical rules in four main ways: (1) Allowing LPFM use of 
directional antennas to avoid interference to other FM stations; (2) 
Setting a July 13, 2021 sunset date for a current requirement that FM 
stations protect adjacent television stations operating on TV channel 
6; (3) providing LPFM stations with greater flexibility to relocate 
their transmitter sites by providing applicants with an additional way 
to demonstrate that a proposed change is ``minor;'' and (4) permitting 
retransmission of LPFM signals over FM booster stations. The proposals, 
if implemented, could improve LPFM reception and increase flexibility 
in transmitter siting while maintaining interference protection and the 
core LPFM goals of diversity and localism.
    3. Directional Antennas. The Commission proposes to amend section 
73.816 of its rules (Rules) to expand the optional use of directional 
antennas in the LPFM service, including custom-designed models. The 
Commission expects that use of directional antennas would primarily 
assist LPFM licensees constructing stations near the borders with 
Canada and Mexico and those that must relocate in areas with few 
available transmitter sites. In connection with this proposal, the 
Commission seeks comment on whether to delineate specific circumstances 
in which LPFM directional antennas are permissible or, alternatively, 
to leave decisions about antenna use to the applicant's discretion. The 
Commission also seeks comment on the type of information that licensed 
applicants would submit to the Commission to verify proper installation 
and operation of such antennas and to prevent interference.
    4. Protecting TV Channel 6 Television Stations. The Commission 
proposes to establish a July 13, 2021, sunset date for the requirement 
that LPFM stations operating on the FM reserved band (channels 201 to 
220) protect television stations operating on adjacent television 
channel 6 (TV6). Because the precise TV6 protections issue also affects 
noncommercial FM (NCE), FM translator, and Class D radio stations on 
the reserved band, the Commission also proposes to eliminate the TV6 
protection requirements for those stations. The proposed July 13, 2021, 
sunset date corresponds to the date by which all TV6 stations will have 
transitioned from analog to digital operations. The sunset date would 
be included in sections 73.525 (NCE-FM and Class D stations), 73.825 
(LPFM stations), and 74.1205 (FM translators).
    5. Since 1985, the Commission has required stations proposing 
operations on FM reserved band channels 201 through 220 to protect full 
service television, Low Power Television (LPTV), Class A, and 
television translator stations operating on TV6. The TV6 spectrum is 
located at 82 to 88 MHz, immediately adjacent to the FM band. Full 
power TV6 stations, however, transitioned to digital operations in 2009 
and the Commission expects that most of the remaining LPTV stations on 
TV6 will transition by July 13, 2021. The Commission believes that the 
transition to digital and the use of digital receivers with improved 
selectivity reduces the need for radio stations to provide protection 
to TV6 stations.
    6. Given these circumstances, the Commission proposes a July 13, 
2021, sunset date for distance separation requirements between all 
reserved band radio stations and TV6 stations. In the intervening time 
between the effective date of final rules and July 13, 2021, the 
Commission proposes to implement a waiver process. Radio stations 
proposing facilities that do not meet TV6 spacing requirements could 
request a waiver by submitting exhibits demonstrating that their 
proposals would not cause interference to the TV6 station. The 
Commission would review these requests on a case-by-case basis.
    7. The Commission invites comment on its proposal and on the 
tentative conclusion that TV6 spacing requirements can be eliminated 
upon completion of the television transition to digital without any 
resulting interference to TV6 station. The Commission also asks whether 
there are any better alternatives. The NPRM further notes that 
approximately 26 LPTV stations currently supplement their analog TV6 
signals with audio programming on 87.7 FM and asks whether the proposed 
elimination of TV6 protection by LPFM and other radio stations would be 
compatible with LPTV audio operations on 87.7 MHz if such operations 
were allowed to continue.
    8. Redefine Minor Changes. The NPRM proposes to amend section 
73.870 to provide an additional way in which LPFM stations can 
demonstrate that a proposed facility change is ``minor.'' An LPFM 
station making a ``minor'' change to its transmitter site, currently 
defined as a move of 5.6

[[Page 49207]]

kilometers or less, may relocate without awaiting the opening of a 
filing window. The NPRM proposes to expand the definition of minor 
change to one which either: (1) Does not exceed 5.6 kilometers; or (2) 
involves overlapping 60 dBu contours of the existing and proposed 
facilities. The Commission accepts contour-based studies for FM 
translator stations seeking minor changes and has, on occasion, 
accepted such studies for LPFM stations on a waiver basis when the LPFM 
applicants demonstrated a lack of available fully-spaced sites. The 
proposal to incorporate a contour showing into the LPFM rules could 
provide additional flexibility for LPFM stations needing to relocate 
but faced with zoning and land use issues.
    9. The Commission recognizes that providing a contour-based showing 
of a ``minor'' change can be expensive because it requires an 
engineering study. However, the Commission notes that applicants would 
not incur the expense unless they choose the alternative of moving 
greater distances than currently permissible. The Commission seeks 
comment on whether a new LPFM minor change analysis should focus, as 
with FM translators, solely on whether the contours of the current and 
proposed facilities overlap, or should also include a threshold 
requirement that LPFM stations show a lack of viable fully-spaced 
sites, similar to the current LPFM waiver standard.
    10. Cross Ownership of FM Booster Stations. The Commission also 
proposes to amend Section 73.860 to allow cross-ownership of LPFM 
stations and FM boosters. Generally, LPFM licensees may not own non-
LFPM stations. There is, however, a limited exception allowing non-
Tribal LPFM licensees to operate up to two FM translator stations if 
they meet certain requirements. The Commission has occasionally granted 
waivers to allow LPFM stations to fill in terrain-associated gaps in 
service by using FM booster stations. Such waivers have permitted an 
LPFM station to substitute an FM booster for one of its permitted FM 
translators. In 2012, the Commission considered but declined to 
authorize LPFM cross-ownership of FM booster stations on a non-waiver 
basis. The Commission reasoned at that that there would be few 
situations in which an LPFM station could operate a booster without 
causing interference to its own signal.
    11. The Commission now proposes to amend section 73.860 to 
incorporate guidelines for potential booster use by LPFM stations in 
lieu of use of an FM translator. Such a booster station could receive 
the signal of the commonly-owned LPFM station by any means authorized 
in section 74.1231(i), the rule that applies to all FM booster 
stations. While such a rule would likely affect only a limited number 
of LPFM stations and such stations could otherwise seek the same relief 
on a waiver basis, the NPRM tentatively concludes that a rule 
permitting use of FM boosters may improve LPFM reception in areas with 
irregular terrain and that in such situations the Commission should not 
require the filing of a waiver request.
    12. Miscellaneous Issues. The NPRM proposes to make several 
additional changes and tentatively rejects others. First, the 
Commission proposes to make a non-substantive change to section 73.810, 
the rule governing LPFM third-adjacent channel interference. The 
current language of section 73.810 is virtually identical to that which 
we recently modified in Docket 18-119, for FM translators in sections 
74.1203(a)(3) and 74.1204(f). To foster consistency and to clarify that 
LPFM stations and FM translator stations must protect the same 
stations, the NPRM proposes to alter section 73.810 in the same manner. 
The NPRM notes that section 73.810(a)(1)(iii) currently requires 
protection of ``previously authorized and operating LPFM stations,'' 
whereas the recently modified FM translator rules reference 
``previously authorized'' stations without specifying an operational 
status. The Commission proposes to adopt the same language for LPFM 
stations as it did for FM translator stations, but seeks comment on 
whether there is a reason to retain the ``operating'' language 
specifically for the LPFM service.
    13. The NPRM also proposes changes to correct small typographical 
errors, to eliminate repetitive language, and to remove out-of-date 
information in the LPFM Rules. The amendments would occur in sections 
73.871(c) concerning ``minor'' amendments and 74.1290 which contains an 
outdated web page address.
    14. The Commission briefly identifies and tentatively rejects 
several additional proposals from LPFM organizations. The suggestions 
tentatively rejected include those: (1) To alter the simplicity of LPFM 
licensing through use of a contour analysis rather than distance 
separations to evaluate potential interference to other stations 
(except for the TV6 waiver process); (2) to revisit an earlier decision 
not to authorize LPFM stations at powers exceeding 100 watts; (3) to 
alter the noncommercial nature or classification of LPFM stations; (4) 
to undertake the resource-intensive process of opening a new LPFM 
window when an LPFM station ceases operation so that others can provide 
replacement service; (5) to revisit the Commission's prior 
interpretation of language in the Local Community Radio Act describing 
LPFM stations and FM translator stations as ``equal in status,'' which 
the Commission has understood to simply require priority neither to new 
LPFM stations nor to new FM translators when making spectrum available 
for initial licensing; and (6) to update a list prepared in 2000 of 
stations carrying radio reading services for the blind and visually 
impaired where such a list would have limited longevity and contain 
information that LPFM applicants needing to protect reading services 
could obtain from other sources.
    15. The Commission also tentatively rejects a suggestion to 
eliminate Emergency Alert System (EAS) requirements for LPFM stations. 
LPFM stations already have fewer EAS requirements than full service 
stations and it has not been shown that EAS requirements are unduly 
burdensome for LPFM stations. The Commission notes, however, that LPFM 
stations have not always participated fully in EAS testing and seeks 
comment on how to increase LPFM involvement in EAS testing.
    16. Finally, the Commission encourages commenters to submit any 
additional technical proposals that follow logically from the proposals 
in the NPRM, excluding any proposals tentatively rejected above.

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 
summaries thereof) will be published in the Federal Register.
    18. Need for and Objectives of the Proposed Rule Change. Commission 
initiates this rulemaking proceeding to seek comment on certain 
proposals designed to improve the public's reception of LPFM broadcast 
station

[[Page 49208]]

signals and to provide greater flexibility to LPFM broadcasters. 
Specifically, the Commission seeks comment on the following: (1) 
Whether to expand the class of LPFM licensees able to use directional 
antennas and to allow LPFM use of antennas beyond off-the-shelf models; 
(2) whether to eliminate or modify the requirement that LPFM stations 
operating on Channels 201 to 220 (reserved band) protect television 
stations still operating on television channel 6; (3) whether to 
redefine a ``minor change'' for LPFM stations as one which either: (a) 
Does not exceed 5.6 kilometers (the simple standard currently in use), 
or (b) involves overlapping 60 dBu contours of the station's own 
existing and proposed facilities (a new standard that would generally 
be used by stations unable to meet the current 5.6 kilometer distance 
but that would be more complex and costly because it would require an 
engineering study); (4) whether to permit LPFM stations to retransmit 
LPFM signals over booster stations (which amplify and reradiate the 
signal) as a substitute for currently permissible use of FM translators 
(which retransmits the signal on a different channel without 
amplification); and (5) whether to update LPFM-related rules in Parts 
73 and 74 to make a non-substantive change to conform the rule 
governing LPFM third-adjacent channel interference, correct 
typographical errors (repetitive language in 47 CFR 73.871), and remove 
outdated information. With respect to the proposed changes to TV 
Channel 6 protection, the Commission also asks whether it should 
eliminate or modify the requirement for all stations operating in the 
FM reserved band, not only LPFM stations in that band. The Commission 
also seeks any additional suggestions designed to enhance LPFM service 
to the public that would follow logically from the proposals in this 
proceeding.
    19. These proposed changes may be needed to improve the public's 
ability to receive signals from low-powered stations, especially in 
areas with irregular terrain and near international borders. The 
proposed changes may also be needed to provide LPFM applicants greater 
flexibility in identifying initial and modified transmitter locations. 
The Commission's objectives are to improve LPFM reception and increase 
flexibility in LPFM siting while protecting primary stations and pre-
existing secondary stations from interference and maintaining the core 
LPFM goals of diversity and localism.
    20. Legal Basis. The authority for this proposed rulemaking is 
contained in sections 1, 2, 4(i), 301, 303, 307, 316, and 403 of the 
Communications Act of 1934, 47 U.S.C. 151, 152, 154(i), 301, 303, 307, 
316, and 403.
    21. Description and Estimate of the Number of Small Entities to 
Which the Proposed Rules Will Apply. 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.
    22. Low Power FM Radio Stations. The proposed policies make 
relatively small rule adjustments that will primarily affect licensees 
and potential licensees of LPFM stations. LPFM stations are classified 
as radio broadcast stations. Business concerns included in this 
industry are those primarily engaged in broadcasting aural programs by 
radio to the public. The SBA has established a small business size 
standard for this category as firms having $38.5 million or less in 
annual receipts. Given the nature of the LPFM service, in which parties 
are generally not permitted to have other broadcast interests and 
eligibility is limited to non-profit organizations, governments, and 
tribal applicants, we will presume that all LPFM licensees and 
applicants qualify as small entities under the SBA definition. As of 
June 30, 2019, there are 2,178 licensed LPFM stations. In addition, 
there is one pending application from the 2013 LPFM filing window. This 
estimate may overstate the number of potentially affected licensees 
because existing LPFM stations that do not seek to modify their 
facilities would not be affected. The estimate may also be an 
overstatement because some of the proposals would affect only stations 
to be located in particular geographic regions, in certain topography, 
or on certain channels. With respect to applicants in future filing 
windows, we anticipate that we will receive a number of applications 
similar to past filing windows and that all applicants will qualify as 
small entities. The last LPFM filing window in 2013 generated 
approximately 2,827 applications.
    23. Noncommercial Educational (NCE) FM Radio Stations. The proposed 
elimination of Channel 6 protection policies could apply to NCE FM 
radio broadcast licensees, and potential licensees of NCE FM radio 
service. The same SBA definition of $38.5 million in annual receipts 
applies to NCE FM stations. Radio stations that the Commission would 
consider commercial, as well as those it would consider NCE stations, 
are included in this industry. A Commission staff review of the BIA 
Publications, Inc., Master Access Radio Analyzer Database reflects that 
as of June 8, 2017, all 4,404 (100 percent) of radio stations operating 
as noncommercial have revenues of $38.5 million or less and thus 
qualify as small entities under the SBA definition. Of these, no more 
than 4,139 authorized stations are potentially affected by the 
proposals because they are licensed as NCE stations, whereas BIA data 
also includes stations that are not licensed as NCE stations but choose 
to operate with a noncommercial format. The estimate may overstate the 
number of potentially affected licensees because Channel 6 protections 
apply only to stations operating in the reserved band (Channels 201 
through 220), whereas the numbers include non-reserved band stations 
that would not be affected. The estimate may also overstate the number 
of small entities because in assessing whether a business concern 
qualifies as small under the above definition, business (control) 
affiliations must be included. Our estimate considers each station 
separately and does not include or aggregate revenues from affiliated 
organizations or from commonly controlled stations.
    24. 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.

[[Page 49209]]

    25. Channel 6 Television Stations. The proposed elimination of 
Channel 6 protection would affect Television Broadcasting firms that 
continue to operate on analog Channel 6. This economic Census category 
``comprises establishments primarily engaged in broadcasting images 
together with sound. These establishments operate television 
broadcasting studios and facilities for the programming and 
transmission of programs to the public.'' The SBA defines Television 
Broadcasting firms as small businesses if they have $38.5 million or 
less in annual receipts. The 2012 economic Census reports that 751 
television broadcasting firms operated during that year. Of that 
number, 656 had annual receipts of less than $25 million per year. 
Based on that Census data we conclude that a majority of firms that 
operate television stations are small. The proposal would affect only 
television stations that operate on Channel 6 and that have not 
transitioned to digital operations. Approximately nine full-power 
television stations and about 117 LPTV and TV translator stations (54 
analog and 63 digital) currently operate on Channel 6. The lower 
powered television stations are scheduled to transition to digital by 
July 13, 2021. Ten additional low power television stations that were 
displaced by an Incentive Auction process hold permits to move to 
Channel 6 in the future, but those operations will be digital rather 
than analog. We will presume that all of these remaining Channel 6 
television stations are small businesses.
    26. FM Translator Stations. FM translator stations operating in the 
reserved band would be affected by the proposed elimination of their 
protection to television stations operating on Channel 6. FM 
translators would continue to protect previously-filed LPFM 
applications and previously authorized LPFM stations. To the extent 
that proposals other than Channel 6 may alter the numbers and locations 
of LPFM facilities that FM translator licensees and proposed licensees 
must protect, the proposals could affect FM translator stations. The 
same $38.5 million SBA definition that applies to radio broadcast 
licensees applies to FM translator stations. There are 8,126 licensed 
FM translator and booster stations and we will presume that each is a 
small business. There are no remaining FM translator applications from 
the 2003 filing window, but there are eight applications from that 
window which were disposed but remain under appeal. There are six 
pending FM translator applications from the 2017 Auction 99 window as 
well as three applications from that window which were disposed of but 
are under appeal. There are 26 pending FM translator applications from 
the 2018 Auction 100 window. Seven others from that window were 
disposed of and are under appeal. We will presume that each applicant 
with an unresolved application is a small entity.
    27. The proposals could also affect future FM translator 
applicants. We anticipate that in future filing windows we will receive 
a number of applications similar to past filing windows and that all 
applicants will qualify as small entities. The 2003 FM translator 
filing window generated approximately 13,303 applications. The 2017 
Auction 99 and 2018 Auction 100 windows, which were limited to 
applicants that are also licensees of AM radio stations, generated 1081 
and 874 applications respectively.
    28. The above-referenced estimates of licensed and future FM 
translator stations may overstate the number of small entities 
affected. The number of licensed stations includes boosters, which will 
not be affected. It may also be an overstatement because the proposals 
will only affect an existing FM translator if it must protect a 
previously LPFM station as part of a modification of the translator's 
facilities. The estimate may also overstate the number of small 
entities because in assessing whether a business concern qualifies as 
small under the above definition, business (control) affiliations must 
be included. Our estimate considers each station separately and does 
not include or aggregate revenues from affiliated organizations or from 
commonly controlled stations.
    29. An additional element of the definition of ``small business'' 
is that the entity not be dominant in its field of operation. We are 
unable at this time to define or quantify the criteria that would 
establish whether a specific radio station is dominant in its field of 
operation. Accordingly, the estimate of small businesses to which the 
proposed 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. We note that it is difficult at times 
to assess these criteria in the context of media entities, and our 
estimates of small businesses to which they apply may be over-inclusive 
to this extent.
    30. The proposed rule and procedural changes may, in some cases, 
impose different reporting requirements on LPFM applicants for new and 
modified facilities. Applicants will be able to demonstrate that their 
proposals are ``minor'' by submitting a different type of showing as an 
alternative to the current requirement. The NPRM also proposes to allow 
cross-ownership of LPFM stations and FM boosters. Stations choosing to 
own boosters would include the booster on bi-annual ownership reports. 
We expect this additional burden with respect to ownership reports for 
boosters to be minimal because LPFM stations would generally not choose 
to operate a booster unless they are experiencing unique terrain issues 
and because the report of booster ownership would be part of the same 
form the licensee would already be filing for its co-owned primary 
station. The NPRM proposes that LPFM applicants authorized to use 
directional antennas implement safeguards to prevent interference and 
submit that information to the Commission. We expect this additional 
burden concerning directional antennas to be minimal because it will 
affect only a small portion of LPFM applicants, primarily those 
constructing stations near the borders with Canada and Mexico.
    31. Steps Taken to Minimize Significant Impact on Small Entities 
and Significant Alternatives Considered. The RFA requires an agency to 
describe any significant alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): (1) The establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance or 
reporting requirements under the rule for small entities; (3) the use 
of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for small entities.
    32. In the NPRM, the Commission seeks comment on its proposal to 
assist LPFM broadcast stations and applicants by providing them with 
additional options that could increase coverage and choice of sites. 
The proposals, if adopted, would enable LPFM organizations: (1) To use 
directional antennas including custom and composite antennas; (2) to 
eliminate or modify protection of television stations operating on 
analog channel 6; (3) to use lack of contour overlap as an additional 
way to demonstrate that a proposed

[[Page 49210]]

LPFM modification qualifies as a ``minor change'' that does not require 
awaiting an application filing window; and (4) to retransmit LPFM 
signals over booster stations. The Commission seeks comment as to 
whether its goals of improving LPFM service to the public without 
negative impact on other FM listeners can be accomplished effectively 
through these means. The Commission recognizes that the TV6 proposal, 
which seeks to assist LPFM, NCE, and FM translator stations, also 
eliminates or modifies a current protection for television stations 
operating on Channel 6 which are also small entities. We believe that 
any potential negative impact on such television stations is minimal 
because full power TV6 stations transitioned to digital operations in 
2009; there has been a lack of interference complaints from current 
full power digital TV6 stations since the transition; and low power 
television stations on TV6 are scheduled to transition by July 13, 
2021. Further, digital television receivers are more selective than the 
analog equipment that existed when the Commission adopted the TV6 
protection requirement. Nevertheless, the Commission does not propose 
complete elimination of TV6 protections until July 13, 2021, the date 
by which the remaining stations are scheduled to transition to digital. 
In the interim, the Commission would provide alternative protections 
such as allowing FM applicants to demonstrate no contour overlap with 
TV6 television station (and, thus, no likely interference) or to reach 
agreements with TV6 television stations without regard to any contour 
overlap. 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, as 
set forth herein, including but not limited to alternatives that will 
minimize the burden on LPFM broadcasters, virtually all of whom are 
small businesses, as well as TV6 broadcasters that are small entities. 
Retaining some or all of the existing process is also an alternative. 
There may be unique circumstances these entities may face, and we will 
consider appropriate action for small broadcasters when preparing a 
Report and Order in this matter.
    33. Federal Rules that May Duplicate, Overlap, or Conflict with the 
Proposed Rule. None.

Ex Parte Rules

    34. 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. 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 section 1.1206(b) of the rules. In proceedings 
governed by section 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

    35. Pursuant to sections 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).
    [ssquf] Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
    [ssquf] 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.
    [ssquf] 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.
    [ssquf] 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.
    [ssquf] 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.
    [ssquf] U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 445 12th Street SW, Washington, DC 20554.
    [ssquf] 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

    36. It is ordered that pursuant to sections 1, 2, 4(i), 301, 303, 
307, 316, and 403 of the Communications Act of 1934, as amended, 47 
U.S.C. 151, 152, 154(i), 301, 303, 307, 316, and 403, and sections 
1.407 and 1.411-19 of the Commission's rules, 47 CFR 1.407, 1.411-19, 
the Petition for Rulemaking filed by REC Networks is granted to the 
extent discussed herein and this Notice of Proposed Rule Making is 
adopted.
    37. It is further ordered that the proceeding in RM No. 11810 is 
terminated.
    38. It is further ordered that the 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

[[Page 49211]]

Small Business Administration, and shall cause it to be published in 
the Federal Register.

List of Subjects in 47 CFR Parts 73 and 74

    Telecommunications, Radio Broadcast Services, Noncommercial 
Educational FM Broadcast Stations, Low Power FM Broadcast Stations, 
Experimental Radio, Auxiliary, Special Broadcast, and Other Program 
Distributional Services, FM Broadcast Translator Stations and FM 
Broadcast Booster Stations.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 73 and 74 as 
follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

     Authority:  47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 
336, and 339.

0
2. In Sec.  73.525, revise the introductory text to read as follows:


Sec.  73.525  TV Channel 6 protection.

    The requirements of this section will sunset on July 13, 2021. 
Until that date, the provision of this section will apply to all 
applications for construction permits for new or modified facilities 
for an NCE-FM station on Channels 200-220, unless the application is 
accompanied by a written agreement between the NCE-FM applicant and 
each affected TV Channel 6 broadcast station concurring with the 
proposed NCE-FM facilities.
* * * * *
0
3. In Sec.  73.807, add paragraph (g)(5) to read as follows:


Sec.  73.807  Minimum distance separation between stations.

* * * * *
    (g) * * *
    (5)(i) LPFM stations located within 125 kilometers of the Mexican 
border are limited to 50 watts (0.05 kW) ERP, a 60 dBu service contour 
of 8.7 kilometers and a 34 dBu interfering contour of 32 kilometers in 
the direction of the Mexican border. LPFM stations may operate up to 
100 watts in all other directions.
    (ii) LPFM stations located between 125 kilometers and 320 
kilometers from the Mexican border may operate in excess of 50 watts, 
up to a maximum ERP of 100 watts. However, in no event shall the 
location of the 60 dBu contour lie within 116.3 kilometers of the 
Mexican border.
    (iii) Applications for LPFM stations within 320 kilometers of the 
Canadian border may employ an ERP of up to a maximum of 100 watts. The 
distance to the 34 dBu interfering contour may not exceed 60 kilometers 
in any direction.
0
4. In Sec.  73.810, revise paragraphs (a)(1) introductory text and 
(a)(1)(iii) to read as follows:


Sec.  73.810  Interference.

    (a) * * *
    (1) Such an LPFM station will not be permitted to continue to 
operate if it causes any actual third-adjacent channel interference to:
* * * * *
    (iii) 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 on a third-adjacent channel is impaired by the 
signals radiated by the LPFM station, regardless of the quality of such 
reception, the strength of the signal so used, or the channel on which 
the protected signal is transmitted.
* * * * *
0
5. In Sec.  73.816, revise paragraphs (b), (c), and (d) to read as 
follows:


Sec.  73.816  Antennas.

* * * * *
    (b) Directional antennas generally will not be authorized and may 
not be utilized in the LPFM service, except as provided in paragraphs 
(c) and (d) of this section.
    (c) The following may use directional antennas in the LPFM service:
    (1) Public safety and transportation permittees and licensees, 
eligible pursuant to Sec.  73.853(a)(2), in connection with the 
operation of a Travelers' Information Service (TIS).
    (2) LPFM permittees and licensees proposing a waiver of the second-
adjacent channel spacing requirements of Sec.  73.807 may utilize 
directional antennas for the sole purpose of justifying such a waiver.
    (3) LPFM permittees and licensees proposing operation within 320 
kilometers of the Mexican or Canadian border in accordance with Sec.  
73.807(g)(5) of this subpart.
    (d) Use of directional antennas in the LPFM service is subject to 
the following standards:
    (1) Composite antennas and antenna arrays may be used where the 
total ERP does not exceed the maximum determined in accordance with 
Sec.  73.811(a) of this subpart.
    (2) Either horizontal, vertical, circular or elliptical 
polarization may be used provided that the supplemental vertically 
polarized ERP required for circular or elliptical polarization does not 
exceed the ERP otherwise authorized. Either clockwise or 
counterclockwise rotation may be used. Separate transmitting antennas 
are permitted if both horizontal and vertical polarization is to be 
provided.
    (3) All applications must comply with Sec.  73.316, paragraphs (d) 
and (e) of this chapter.
    (4) An application that specifies the use of a directional antenna 
must provide the information identified in Sec.  73.316(c) of this 
subpart.

0
6. In Sec.  73.825, add introductory text to read as follows:


Sec.  73.825  Protection to reception of TV channel 6.

    The requirements of this section will sunset on July 13, 2021.
* * * * *
0
7. In Sec.  73.860, revise paragraph (b) to read as follows:


Sec.  73.860  Cross-ownership.

* * * * *
    (b) A party that is not a Tribal Applicant, as defined in Sec.  
73.853(c), may hold attributable interests in one LPFM station and no 
more than two FM translator stations, two FM booster stations, or one 
FM translator station and one FM booster station provided that the 
following requirements are met:
    (1) The 60 dBu contour of the LPFM station overlaps the 60 dBu 
contour of the commonly-owned FM translator and booster station(s);
    (2) The FM translator and/or booster station(s), at all times, 
synchronously rebroadcasts the primary analog signal of the commonly-
owned LPFM station or, if the commonly-owned LPFM station operates in 
hybrid mode, synchronously rebroadcasts the digital HD-1 version of the 
LPFM station's signal;
    (3) The FM translator station receives the signal of the commonly-
owned LPFM station over-the-air and directly from the commonly-owned 
LPFM station itself. The FM booster station receives the signal of the 
commonly-owned LPFM station by any means authorized in Sec.  
74.1231(i);
    (4) The transmitting antenna of the FM translator and/or booster 
station(s) is located within 16.1 kilometers (10 miles) for LPFM 
stations located in the top 50 urban markets and 32.1 kilometers (20 
miles) for LPFM stations outside the top 50 urban markets of

[[Page 49212]]

either the transmitter site of the commonly-owned LPFM station or the 
reference coordinates for that station's community of license; and
    (5) The 60 dBu service contour of the FM booster station(s) must 
remain entirely within the 60 dBu service contour of the commonly-owned 
LPFM station.
* * * * *
0
8. In Sec.  73.870, revise paragraph (a) to read as follows:


Sec.  73.870  Processing of LPFM broadcast station applications.

    (a) A minor change for an LPFM station authorized under this 
subpart is limited to transmitter site relocations not exceeding 5.6 
kilometers or where the 60 dBu contour of the authorized facility 
overlaps the 60 dBu contour of the proposed facility. These distance 
limitations do not apply to amendments or applications proposing 
transmitter site relocation to a common location filed by applicants 
that are parties to a voluntary time-sharing agreement with regard to 
their stations pursuant to Sec.  73.872(c) and (e). These distance 
limitations also do not apply to an amendment or application proposing 
transmitter site relocation to a common location or a location very 
close to another station operating on a third-adjacent channel in order 
to remediate interference to the other station; provided, however, that 
the proposed relocation is consistent with all localism certifications 
made by the applicant in its original application for the LPFM station. 
Minor changes of LPFM stations may include:
    (1) Changes in frequency to adjacent or IF frequencies (+/- 1, 2, 
3, 53 or 54 channels) or, upon a technical showing of reduced 
interference, to any frequency; and
    (2) Amendments to time-sharing agreements, including universal 
agreements that supersede involuntary arrangements.
* * * * *
0
9. In Sec.  73.871, revise paragraph (c)(1), and remove and reserve 
paragraph (c)(2).
    The revision reads as follows:


Sec.  73.871  Amendment of LPFM broadcast station applications.

* * * * *
    (c) * * *
    (1) Site relocations of 5.6 kilometers or less, and site 
relocations that involve overlap between the 60 dBu service contours of 
the currently authorized and proposed facilities;
* * * * *

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

0
10. 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
11. In Sec.  74.1201, revise paragraph (f) and add paragraph (k) to 
read as follows:


Sec.  74.1201  Definitions.

* * * * *
    (f) FM broadcast booster station. A station in the broadcasting 
service operated for the sole purpose of retransmitting the signals of 
an FM radio broadcast station, by amplifying and reradiating such 
signals, without significantly altering any characteristic of the 
incoming signal other than its amplitude. Unless specified otherwise, 
this term includes LPFM boosters as defined in paragraph (k) of this 
section.
* * * * *
    (k) LPFM booster. An FM broadcast booster station as defined in 
paragraph (f) of this section that is commonly-owned by an LPFM station 
for the purpose of retransmitting the signals of the commonly-owned 
LPFM station.
0
12. In Sec.  74.1205, revise the introductory text to read as follows:


Sec.  74.1205  Protection of channel 6 TV broadcast stations.

    The requirements of this section will sunset on July 13, 2021. 
Until that date, the provisions of this section apply to all 
applications for construction permits for construction permits for new 
or modified facilities for a noncommercial educational FM translator 
station on Channels 201-220, unless the application is accompanied by a 
written agreement between the NCE-FM translator applicant and each 
affected TV Channel 6 broadcast station licensee or permittee 
concurring with the proposed NCE-FM translator facility.
* * * * *
0
13. In Sec.  74.1263, revise paragraph (b) to read as follows:


Sec.  74.1263  Time of operation.

* * * * *
    (b) A booster station rebroadcasting the signal of an AM, FM or 
LPFM primary station shall not be permitted to radiate during extended 
periods when signals of the primary station are not being 
retransmitted. Notwithstanding the foregoing, FM translators 
rebroadcasting Class D AM stations may continue to operate during 
nighttime hours only if the AM station has operated within the last 24 
hours.
* * * * *
0
14. In Sec.  74.1283, revise paragraph (b) to read as follows:


Sec.  74.1283  Station identification.

* * * * *
    (b) The call sign of an FM booster station or LPFM booster will 
consist of the call sign of the primary station followed by the letters 
``FM'' or ``LP'' and the number of the booster station being 
authorized, e.g., WFCCFM-1 or WFCCLP-1.
* * * * *


Sec.  74.1290  [Removed and Reserved]

0
15. Remove and reserve Sec.  74.1290.

[FR Doc. 2019-19744 Filed 9-18-19; 8:45 am]
BILLING CODE 6712-01-P