FCC Adopts 10-Application Limit for NCE FM New Station Applications in Upcoming 2021 Filing Window, 23866-23868 [2021-09508]
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Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Rules and Regulations
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[FR Doc. 2021–09501 Filed 5–4–21; 8:45 am]
BILLING CODE 9110–04–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 20–343; FCC 21–43; FRS
23867]
FCC Adopts 10-Application Limit for
NCE FM New Station Applications in
Upcoming 2021 Filing Window
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document the
Commission adopts a limit of 10
applications filed by any party during
the upcoming 2021 window for new
noncommercial educational (NCE) FM
radio stations. The application cap is
designed to provide a meaningful
opportunity for applicants to file for
new NCE FM stations and expand NCE
SUMMARY:
VerDate Sep<11>2014
16:11 May 04, 2021
Jkt 253001
service while, at the same time, deter
speculative applications and procedural
delays.
DATES: Effective June 4, 2021.
FOR FURTHER INFORMATION CONTACT:
James Bradshaw, James.Bradshaw@
fcc.gov; Lisa Scanlan, Lisa.Scanlan@
fcc.gov; or Amy Van de Kerckhove,
Amy.Vandekerckhove@fcc.gov, of the
Media Bureau, Audio Division, (202)
418–2700. Direct press inquiries to
Janice Wise, Janice.Wise@fcc.gov, (202)
418–8165.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document, FCC 21–43, adopted and
released April 21, 2021. The full text of
this document is available for download
at the FCC’s Electronic Document
Management System (EDOCS) website
at https://www.fcc.gov/edocs or via the
FCC’s Electronic Comment Filing
System (ECFS) website at https://
www.fcc.gov/ecfs by using the search
function for MB Docket No. 20–343
(Documents will be available
electronically in ASCII, Microsoft Word,
and/or Adobe Acrobat.)
Synopsis
1. Introduction. The Commission
recently announced the intention to
open a 2021 filing window for FM
reserved band (channels 201–220)
applications for new noncommercial
educational (NCE) FM radio stations
and sought comment on a proposed
limit of 10 applications filed by any
party during the upcoming window.
This document adopts the proposed 10application cap on NCE FM new station
applications.
2. Background. In 2007, before the
first NCE FM filing window opened, the
Commission sought comment on an
application cap and subsequently
established a limit of 10 NCE FM new
station applications filed by any party
during the October 2007 filing window.
This application limit helped foster the
goals of localism and diversity as
reflected in the NCE FM point system,
while also restricting the number of
speculative or mutually exclusive (MX)
applications. This, in turn, minimized
the delay caused by processing
complicated application chains. The 10application cap also allowed the
Commission to expeditiously process
and grant thousands of applications to
a wide range of local and diverse
applicants, therefore promoting the
rapid expansion of new NCE FM service
throughout the country. In the October
2020 Cap Comment Notice (published at
85 FR 70569 on Nov. 5, 2020), the
Commission tentatively concluded that
it should also establish a 10-application
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
limit for the upcoming 2021 NCE FM
filing window.
3. In the Cap Comment Notice, the
Commission sought comment on
whether 10 applications is the
appropriate limit to enable the efficient
processing of applications and initiation
of new NCE FM service. Although the
commenters addressing the proposed
cap agree that some limit is advisable,
they were not in agreement on what
specific limit would be most
appropriate and beneficial. Specifically,
while National Public Radio, Inc. (NPR)
endorses the Commission’s proposed
10-application cap, REC Networks (REC)
proposes a lower five-application limit,
and Educational Media Foundation
(EMF) recommends allowing parties to
file more than 10 applications if the
additional applications are for areas
outside the home counties of Nielsen
Audio markets.
4. Discussion. The Commission
adopts the proposal from the Cap
Comment Notice to establish a limit of
10 NCE FM new station applications
filed by any party during the upcoming
filing window. The Commission finds a
10-application cap will best deter
speculative filings, permit the
expeditious processing of the
applications filed in the window, and
provide interested parties with a
meaningful opportunity to file for and
obtain new NCE FM station licenses.
5. The document acknowledges that
REC’s proposed five-application cap
could theoretically curb the number of
MX applications, and therefore, have
the benefit of simplifying and
expediting the processing of
applications. The Commission finds,
however, that this benefit is outweighed
by the fact that a five-application limit
will also curtail the expansion of new
NCE FM service, and therefore, disserve
the public interest. The last NCE FM
filing window was over 13 years ago,
and accordingly, there is pent-up
demand for new NCE FM channels,
which is unlikely to be satisfied with a
lower five-application cap.
6. The document acknowledges EMF’s
novel proposal, but concludes that the
logistical and administrative challenges
of implementing EMF’s two-tiered
approach are simply too cumbersome
and create the potential for
extraordinary procedural delays and the
ultimate delay of new NCE FM service
to the public. The Commission finds
that adopting EMF’s approach is not
administratively feasible at this time.
The time required to further revise the
Commission’s rules and forms to adopt
the EMF proposal would significantly
delay the initiation of the filing window
E:\FR\FM\05MYR1.SGM
05MYR1
Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Rules and Regulations
and service to the public and outweigh
any benefit from the EMF proposal.
7. The document recognizes EMF’s
claim that its proposal would increase
NCE FM service to rural areas and allow
parties to file more applications to
upgrade FM translators serving rural
areas to protected full-power stations.
The Commission notes, however, that
EMF’s proposal, which was not
endorsed by any of the commenters,
also has the drawback of increasing the
potential for more MX groups, created
by the secondary application filings,
larger MX groups, and complicated
application chains, which could lead to
processing delays, and ultimately, delay
the initiation of new NCE FM service to
the public.
8. The Commission finds that the
proven 10-application cap strikes the
best balance of its multiple objectives of
providing a meaningful opportunity for
applicants to file for new NCE FM
stations and expanding service while, at
the same time, deterring speculative
applications and procedural delays. The
10-application cap, employed during
the 2007 NCE FM filing window, has
proven, in practice, to be very effective.
9. The document adopts the proposal
that an applicant may file no more than
a total of 10 applications in the 2021
NCE FM filing window. Under existing
precedent, this means that a party to an
application filed in the 2021 NCE FM
filing window may hold attributable
interests in no more than a total of 10
applications filed in the window. If it is
determined that any party to an
application has an attributable interest
in more than 10 applications, the Media
Bureau will retain the 10 applications
that were filed first—based on the date
of application receipt—and dismiss all
other applications.
Procedural Matters
10. Regulatory Flexibility Analysis. As
required by the Regulatory Flexibility
Act of 1980 (RFA), as amended, an
Initial Regulatory Flexibility Analysis
was incorporated in the initial Public
Notice, FCC Seeks Comment on
Proposed Application Limit for NCE FM
New Station Applications in Upcoming
2021 Window, FCC 20–145. The
Commission sought written public
comment on the proposal in the
document, including comment on the
IRFA. The Commission received no
comments specifically directed toward
the IRFA. This Final Regulatory
Flexibility Analysis (FRFA) conforms to
the RFA.
11. Need for, and Objectives of, the
10-Application Limit. The document
adopts a limit of 10 NCE FM radio
station applications filed by any party
VerDate Sep<11>2014
16:11 May 04, 2021
Jkt 253001
during the upcoming 2021 filing
window. The Commission has
determined that, absent a limit on the
number of applications that a party may
file in the upcoming filing window,
some parties may file a large number of
speculative applications, including
applications that are mutually exclusive
with each other, resulting in procedural
delays and the delay of new NCE FM
service to the public. The Commission
has concluded that a limit of 10
applications for new NCE FM
construction permits in the filing
window is an appropriate procedural
safeguard to deter speculation and
permit the expeditious processing of the
NCE FM applications while still
allowing applicants meaningful
opportunities to expand NCE FM
service. The Commission believes that
the adopted limit will benefit small
entities.
12. Summary of Significant Issues
Raised by Public Comments in Response
to the IRFA. There were no comments
to the IRFA filed.
13. Response to Comments by the
Chief Counsel for Advocacy of the Small
Business Administration. Pursuant to
the Small Business Jobs Act of 2010,
which amended the RFA, the
Commission is required to respond to
any comments filed by the Chief
Counsel for Advocacy of the Small
Business Administration (SBA), and to
provide a detailed statement of any
change made to the proposed rules as a
result of those comments. The Chief
Counsel did not file any comments in
response to the proposed rule in this
proceeding.
14. 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 entity.’’ In addition, the
term ‘‘small business’’ has the same
meaning as the term ‘‘small business
concern’’ under the Small Business Act.
A small business concern is one which:
(1) Is independently owned and
operated; (2) is not dominant in its field
of operation; and (3) satisfies any
additional criteria established by the
SBA.
15. NCE FM Radio Stations. The
application limit applies to potential
licensees of the NCE FM radio service.
This Economic Census category
‘‘comprises establishments primarily
engaged in broadcasting aural programs
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
23867
by radio to the public.’’ The SBA has
created the following small business
size standard for this category: Those
having $41.5 million or less in annual
receipts. Census data for 2012 show that
2,849 firms in this category operated in
that year. Of this number, 2,806 firms
had annual receipts of less than $25
million, and 43 firms had annual
receipts of $25 million or more. Because
the Census has no additional
classifications that could serve as a basis
for determining the number of stations
whose receipts exceeded $41.5 million
in that year, the Commission concludes
that the majority of radio broadcast
stations were small entities under the
applicable SBA size standard. In
addition, the Commission has estimated
the number of NCE FM radio stations to
be 4,195. NCE stations are non-profit,
and therefore considered to be small
entities.
16. Description of Projected
Reporting, Recordkeeping, and Other
Compliance Requirements. The
Commission anticipates that none of the
changes adopted as a result of the
document will result in an increase to
the reporting and recordkeeping
requirements of broadcast stations or
applicants for NCE FM authorizations.
17. 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.
18. The Commission is directed under
law to describe any alternatives it
considered, including alternatives not
explicitly listed above. The adopted 10application limit is intended to benefit
all small NCE entities seeking to
establish a new NCE FM service on a
local or regional basis by preventing
mass filings of speculative applications.
This limit should benefit all applicants
by expediting the review and processing
of applications filed during the window.
Based on the record in this proceeding,
the Commission concludes that a lower
limit would not effectively meet the
demand for new NCE FM channels,
whereas a higher limit would impose
E:\FR\FM\05MYR1.SGM
05MYR1
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Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Rules and Regulations
unacceptable processing delays on all
applicants, overriding any potential
benefits to the few applicants interested
in filing more than 10 applications in
this window. The adopted limit does
not impose any significant compliance
or reporting requirements because it
would merely set a limit on the number
of applications for new NCE FM
authorizations that a party could file
during the window. Accordingly, the
Commission is not aware of any
alternatives that would benefit small
entities.
19. Report to Congress. The
Commission will send a copy of the
document, including this FRFA, in a
report to be sent to Congress pursuant
to the Congressional Review Act. In
addition, the Commission will send a
copy of the document, including this
FRFA, to the Chief Counsel for
Advocacy of the SBA. A copy of the
document and FRFA (or summaries
thereof) will also be published in the
Federal Register.
Paperwork Reduction Act
20. This document does not contain
new or modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. In addition, therefore, it
does not contain any new or modified
information collection burden for small
business concerns with fewer than 25
employees, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Congressional Review Act
21. The Commission has determined,
and the Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget
concurs, that this rule is ‘‘non-major’’
under the Congressional Review Act, 5
U.S.C. 804(2). The Commission will
send a copy of this document to
Congress and the Government
Accountability Office pursuant to 5
U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Radio, Reporting and recordkeeping
requirements
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rule
For the reasons set forth in the
preamble, the Federal Communications
Commission amends part 73 of chapter
1 of title 47 of the Code of Federal
Regulations as follows:
VerDate Sep<11>2014
16:11 May 04, 2021
Jkt 253001
PART 73—RADIO BROADCAST
SERVICES
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, 339.
2. Section 73.503 is amended by
adding paragraph (g) to read as follows:
■
§ 73.503
service.
Licensing requirements and
*
*
*
*
*
(g) Application limit. An applicant
may file no more than a total of 10
applications in the 2021 NCE FM filing
window. A party to an application filed
in the 2021 NCE FM filing window may
hold attributable interests, as defined in
§ 73.7000, in no more than a total of 10
applications filed in the window. If it is
determined that any party to an
application has an attributable interest
in more than 10 applications, the Media
Bureau will retain the 10 applications
that were filed first—based on the date
of application receipt—and dismiss all
other applications.
*
*
*
*
*
[FR Doc. 2021–09508 Filed 5–4–21; 8:45 am]
This is a
synopsis of the Commission’s Order,
adopted April 19, 2021 and released
April 20, 2021. The full text of this
Commission decision is available online
at https://apps.fcc.gov/ecfs/. This
document does not contain information
collection requirements subject to the
Paperwork Reduction Act of 1995,
Public Law 104–13. The Commission
will not send a copy of the Order in a
report to be sent to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act, see 5 U.S.C. 801(a)(1)(A) because
the Order is a ministerial action.
SUPPLEMENTARY INFORMATION:
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
Federal Communications Commission.
Nazifa Sawez,
Assistant Chief, Audio Division, Media
Bureau.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
BILLING CODE 6712–01–P
PART 73—RADIO BROADCAST
SERVICES
FEDERAL COMMUNICATIONS
COMMISSION
■
47 CFR Part 73
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
[DA 21–446; FRS 24122]
■
Radio Broadcasting Services; Various
Locations
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
This document amends the
FM Table of Allotments, of the
Commission’s rules, by reinstating
certain vacant FM allotments. These FM
allotments are considered vacant
because of the cancellation of the
associated authorizations and licenses,
or the dismissal of long-form auction
applications. Theses vacant FM
allotments have previously undergone
notice and comment rule making.
Reinstatement of the vacant allotments
is merely a ministerial action to
effectuate licensing procedures.
Therefore, we find for good cause that
further notice and comment are
unnecessary.
SUMMARY:
DATES:
2. In § 73.202, the table in paragraph
(b) is amended by adding in
alphabetical order the following entries:
■ i. Under California, ‘‘Visalia’’;
■ ii. Under Colorado, ‘‘Yampa’’;
■ iii. Under New Mexico, ‘‘Carrizozo’’;
■ iv. Under North Dakota, ‘‘Beulah’’;
and
■ v. Under Texas, ‘‘Girard’’ and
‘‘Kermit’’.
The additions read as follows:
§ 73.202
*
Table of Allotments.
*
*
(b) * * *
*
*
TABLE 1 TO PARAGRAPH (b)
[U.S. States]
Channel No.
*
*
*
*
*
CALIFORNIA
Effective May 5, 2021.
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2700.
PO 00000
1. The authority citation for part 73
continues to read as follows:
Frm 00006
Fmt 4700
Sfmt 4700
*
*
*
Visalia ...................................
E:\FR\FM\05MYR1.SGM
05MYR1
*
*
241A
Agencies
[Federal Register Volume 86, Number 85 (Wednesday, May 5, 2021)]
[Rules and Regulations]
[Pages 23866-23868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09508]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 20-343; FCC 21-43; FRS 23867]
FCC Adopts 10-Application Limit for NCE FM New Station
Applications in Upcoming 2021 Filing Window
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document the Commission adopts a limit of 10
applications filed by any party during the upcoming 2021 window for new
noncommercial educational (NCE) FM radio stations. The application cap
is designed to provide a meaningful opportunity for applicants to file
for new NCE FM stations and expand NCE service while, at the same time,
deter speculative applications and procedural delays.
DATES: Effective June 4, 2021.
FOR FURTHER INFORMATION CONTACT: James Bradshaw,
[email protected]; Lisa Scanlan, [email protected]; or Amy Van
de Kerckhove, [email protected], of the Media Bureau, Audio
Division, (202) 418-2700. Direct press inquiries to Janice Wise,
[email protected], (202) 418-8165.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
document, FCC 21-43, adopted and released April 21, 2021. The full text
of this document is available for download at the FCC's Electronic
Document Management System (EDOCS) website at https://www.fcc.gov/edocs
or via the FCC's Electronic Comment Filing System (ECFS) website at
https://www.fcc.gov/ecfs by using the search function for MB Docket No.
20-343 (Documents will be available electronically in ASCII, Microsoft
Word, and/or Adobe Acrobat.)
Synopsis
1. Introduction. The Commission recently announced the intention to
open a 2021 filing window for FM reserved band (channels 201-220)
applications for new noncommercial educational (NCE) FM radio stations
and sought comment on a proposed limit of 10 applications filed by any
party during the upcoming window. This document adopts the proposed 10-
application cap on NCE FM new station applications.
2. Background. In 2007, before the first NCE FM filing window
opened, the Commission sought comment on an application cap and
subsequently established a limit of 10 NCE FM new station applications
filed by any party during the October 2007 filing window. This
application limit helped foster the goals of localism and diversity as
reflected in the NCE FM point system, while also restricting the number
of speculative or mutually exclusive (MX) applications. This, in turn,
minimized the delay caused by processing complicated application
chains. The 10-application cap also allowed the Commission to
expeditiously process and grant thousands of applications to a wide
range of local and diverse applicants, therefore promoting the rapid
expansion of new NCE FM service throughout the country. In the October
2020 Cap Comment Notice (published at 85 FR 70569 on Nov. 5, 2020), the
Commission tentatively concluded that it should also establish a 10-
application limit for the upcoming 2021 NCE FM filing window.
3. In the Cap Comment Notice, the Commission sought comment on
whether 10 applications is the appropriate limit to enable the
efficient processing of applications and initiation of new NCE FM
service. Although the commenters addressing the proposed cap agree that
some limit is advisable, they were not in agreement on what specific
limit would be most appropriate and beneficial. Specifically, while
National Public Radio, Inc. (NPR) endorses the Commission's proposed
10-application cap, REC Networks (REC) proposes a lower five-
application limit, and Educational Media Foundation (EMF) recommends
allowing parties to file more than 10 applications if the additional
applications are for areas outside the home counties of Nielsen Audio
markets.
4. Discussion. The Commission adopts the proposal from the Cap
Comment Notice to establish a limit of 10 NCE FM new station
applications filed by any party during the upcoming filing window. The
Commission finds a 10-application cap will best deter speculative
filings, permit the expeditious processing of the applications filed in
the window, and provide interested parties with a meaningful
opportunity to file for and obtain new NCE FM station licenses.
5. The document acknowledges that REC's proposed five-application
cap could theoretically curb the number of MX applications, and
therefore, have the benefit of simplifying and expediting the
processing of applications. The Commission finds, however, that this
benefit is outweighed by the fact that a five-application limit will
also curtail the expansion of new NCE FM service, and therefore,
disserve the public interest. The last NCE FM filing window was over 13
years ago, and accordingly, there is pent-up demand for new NCE FM
channels, which is unlikely to be satisfied with a lower five-
application cap.
6. The document acknowledges EMF's novel proposal, but concludes
that the logistical and administrative challenges of implementing EMF's
two-tiered approach are simply too cumbersome and create the potential
for extraordinary procedural delays and the ultimate delay of new NCE
FM service to the public. The Commission finds that adopting EMF's
approach is not administratively feasible at this time. The time
required to further revise the Commission's rules and forms to adopt
the EMF proposal would significantly delay the initiation of the filing
window
[[Page 23867]]
and service to the public and outweigh any benefit from the EMF
proposal.
7. The document recognizes EMF's claim that its proposal would
increase NCE FM service to rural areas and allow parties to file more
applications to upgrade FM translators serving rural areas to protected
full-power stations. The Commission notes, however, that EMF's
proposal, which was not endorsed by any of the commenters, also has the
drawback of increasing the potential for more MX groups, created by the
secondary application filings, larger MX groups, and complicated
application chains, which could lead to processing delays, and
ultimately, delay the initiation of new NCE FM service to the public.
8. The Commission finds that the proven 10-application cap strikes
the best balance of its multiple objectives of providing a meaningful
opportunity for applicants to file for new NCE FM stations and
expanding service while, at the same time, deterring speculative
applications and procedural delays. The 10-application cap, employed
during the 2007 NCE FM filing window, has proven, in practice, to be
very effective.
9. The document adopts the proposal that an applicant may file no
more than a total of 10 applications in the 2021 NCE FM filing window.
Under existing precedent, this means that a party to an application
filed in the 2021 NCE FM filing window may hold attributable interests
in no more than a total of 10 applications filed in the window. If it
is determined that any party to an application has an attributable
interest in more than 10 applications, the Media Bureau will retain the
10 applications that were filed first--based on the date of application
receipt--and dismiss all other applications.
Procedural Matters
10. Regulatory Flexibility Analysis. As required by the Regulatory
Flexibility Act of 1980 (RFA), as amended, an Initial Regulatory
Flexibility Analysis was incorporated in the initial Public Notice, FCC
Seeks Comment on Proposed Application Limit for NCE FM New Station
Applications in Upcoming 2021 Window, FCC 20-145. The Commission sought
written public comment on the proposal in the document, including
comment on the IRFA. The Commission received no comments specifically
directed toward the IRFA. This Final Regulatory Flexibility Analysis
(FRFA) conforms to the RFA.
11. Need for, and Objectives of, the 10-Application Limit. The
document adopts a limit of 10 NCE FM radio station applications filed
by any party during the upcoming 2021 filing window. The Commission has
determined that, absent a limit on the number of applications that a
party may file in the upcoming filing window, some parties may file a
large number of speculative applications, including applications that
are mutually exclusive with each other, resulting in procedural delays
and the delay of new NCE FM service to the public. The Commission has
concluded that a limit of 10 applications for new NCE FM construction
permits in the filing window is an appropriate procedural safeguard to
deter speculation and permit the expeditious processing of the NCE FM
applications while still allowing applicants meaningful opportunities
to expand NCE FM service. The Commission believes that the adopted
limit will benefit small entities.
12. Summary of Significant Issues Raised by Public Comments in
Response to the IRFA. There were no comments to the IRFA filed.
13. Response to Comments by the Chief Counsel for Advocacy of the
Small Business Administration. Pursuant to the Small Business Jobs Act
of 2010, which amended the RFA, the Commission is required to respond
to any comments filed by the Chief Counsel for Advocacy of the Small
Business Administration (SBA), and to provide a detailed statement of
any change made to the proposed rules as a result of those comments.
The Chief Counsel did not file any comments in response to the proposed
rule in this proceeding.
14. 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 entity.'' In addition, the
term ``small business'' has the same meaning as the term ``small
business concern'' under the Small Business Act. A small business
concern is one which: (1) Is independently owned and operated; (2) is
not dominant in its field of operation; and (3) satisfies any
additional criteria established by the SBA.
15. NCE FM Radio Stations. The application limit applies to
potential licensees of the NCE FM radio service. This Economic Census
category ``comprises establishments primarily engaged in broadcasting
aural programs by radio to the public.'' The SBA has created the
following small business size standard for this category: Those having
$41.5 million or less in annual receipts. Census data for 2012 show
that 2,849 firms in this category operated in that year. Of this
number, 2,806 firms had annual receipts of less than $25 million, and
43 firms had annual receipts of $25 million or more. Because the Census
has no additional classifications that could serve as a basis for
determining the number of stations whose receipts exceeded $41.5
million in that year, the Commission concludes that the majority of
radio broadcast stations were small entities under the applicable SBA
size standard. In addition, the Commission has estimated the number of
NCE FM radio stations to be 4,195. NCE stations are non-profit, and
therefore considered to be small entities.
16. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements. The Commission anticipates that none of the
changes adopted as a result of the document will result in an increase
to the reporting and recordkeeping requirements of broadcast stations
or applicants for NCE FM authorizations.
17. 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.
18. The Commission is directed under law to describe any
alternatives it considered, including alternatives not explicitly
listed above. The adopted 10-application limit is intended to benefit
all small NCE entities seeking to establish a new NCE FM service on a
local or regional basis by preventing mass filings of speculative
applications. This limit should benefit all applicants by expediting
the review and processing of applications filed during the window.
Based on the record in this proceeding, the Commission concludes that a
lower limit would not effectively meet the demand for new NCE FM
channels, whereas a higher limit would impose
[[Page 23868]]
unacceptable processing delays on all applicants, overriding any
potential benefits to the few applicants interested in filing more than
10 applications in this window. The adopted limit does not impose any
significant compliance or reporting requirements because it would
merely set a limit on the number of applications for new NCE FM
authorizations that a party could file during the window. Accordingly,
the Commission is not aware of any alternatives that would benefit
small entities.
19. Report to Congress. The Commission will send a copy of the
document, including this FRFA, in a report to be sent to Congress
pursuant to the Congressional Review Act. In addition, the Commission
will send a copy of the document, including this FRFA, to the Chief
Counsel for Advocacy of the SBA. A copy of the document and FRFA (or
summaries thereof) will also be published in the Federal Register.
Paperwork Reduction Act
20. This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(PRA), Public Law 104-13. In addition, therefore, it does not contain
any new or modified information collection burden for small business
concerns with fewer than 25 employees, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4).
Congressional Review Act
21. The Commission has determined, and the Administrator of the
Office of Information and Regulatory Affairs, Office of Management and
Budget concurs, that this rule is ``non-major'' under the Congressional
Review Act, 5 U.S.C. 804(2). The Commission will send a copy of this
document to Congress and the Government Accountability Office pursuant
to 5 U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Radio, Reporting and recordkeeping requirements
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rule
For the reasons set forth in the preamble, the Federal
Communications Commission amends part 73 of chapter 1 of title 47 of
the Code of Federal Regulations 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, 339.
0
2. Section 73.503 is amended by adding paragraph (g) to read as
follows:
Sec. 73.503 Licensing requirements and service.
* * * * *
(g) Application limit. An applicant may file no more than a total
of 10 applications in the 2021 NCE FM filing window. A party to an
application filed in the 2021 NCE FM filing window may hold
attributable interests, as defined in Sec. 73.7000, in no more than a
total of 10 applications filed in the window. If it is determined that
any party to an application has an attributable interest in more than
10 applications, the Media Bureau will retain the 10 applications that
were filed first--based on the date of application receipt--and dismiss
all other applications.
* * * * *
[FR Doc. 2021-09508 Filed 5-4-21; 8:45 am]
BILLING CODE 6712-01-P