Broadcast Radio Technical Rules, 15339-15344 [2022-05684]
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Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Rules and Regulations
have a substantial direct effect on States
or Tribal Governments, on the
relationship between the National
Government and the States or Tribal
Governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
Tribes. Thus, the Agency has
determined that Executive Order 13132,
entitled ‘‘Federalism’’ (64 FR 43255,
August 10, 1999) and Executive Order
13175, entitled ‘‘Consultation and
Coordination with Indian Tribal
Governments’’ (65 FR 67249, November
9, 2000) do not apply to this action. In
addition, this action does not impose
any enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et
seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: March 9, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR
chapter I as follows:
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
1. The authority citation for part 180
continues to read as follows:
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■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.682 amend Table 1 to
Paragraph (a) (1) by adding in
alphabetical order the entries ‘‘Banana’’;
‘‘Broccoli’’; ‘‘Hop, dried cones’’;
‘‘Horseradish’’; ‘‘Onion, bulb’’; ‘‘Onion,
■
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green’’; ‘‘Papaya’’; ‘‘Strawberry’’; ‘‘Sweet
potato, tuber’’; ‘‘Timothy, forage’’;
Timothy, hay’’; and ‘‘Watermelon’’ to
read as follows:
Media Bureau, Audio Division (202)
418–2739, James.Bradshaw@fcc.gov;
Christine Goepp, Attorney Advisor,
Media Bureau, Audio Division, (202)
418–7834, Christine.Goepp@fcc.gov.
§ 180.682 Bicyclopyrone; tolerances for
SUPPLEMENTARY INFORMATION: This is a
residues.
summary of the Commission’s Report
(a) * * *
and Order (R&O), MB Docket No. 21–
(1) * * *
263, FCC 22–13, adopted on February
16, 2022, and released on February 17,
TABLE 1 TO PARAGRAPH (a)(1)
2022. The full text of the R&O will be
available electronically via the FCC’s
Parts per
Commodity
Electronic Document Management
million
System (EDOCS) website at
Banana .......................................
0.01 www.fcc.gov/edocs or via the FCC’s
Electronic Comment Filing System
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(ECFS) website at www.fcc.gov/ecfs. The
Broccoli .......................................
0.01 Commission published the notice of
proposed rulemaking (NPRM) at 86 FR
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43145 on August 6, 2021.
Hop, dried cones ........................
0.04
Synopsis
1. The Federal Communication
Commission amends the following rules
applicable to broadcast radio stations to
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Onion, bulb .................................
0.02 better reflect current requirements and
Onion, green ...............................
0.05 eliminate redundant, outdated, or
Papaya ........................................
0.01 conflicting technical provisions.
2. Maximum rated transmitter power
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for AM stations. The Commission
Strawberry ..................................
0.01 amends 47 CFR 73.1665(b) to remove
the maximum rated transmitter power
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limit for AM stations and deletes the
Sweet potato, tuber ....................
0.02
Timothy, forage ...........................
1.5 corresponding ‘‘Table 1 to paragraph
Timothy, hay ...............................
2 (b).’’ This equipment limitation on
potential transmitter power is outdated
and unnecessary given the
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Watermelon ................................
0.01 Commission’s current reliance on actual
operating antenna input power as the
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most accurate and effective means of
ensuring that AM stations adhere to
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their authorized power limits. The
[FR Doc. 2022–05737 Filed 3–17–22; 8:45 am]
Commission anticipates that elimination
BILLING CODE 6560–50–P
of this technical restriction on AM
transmitters will allow AM stations of
any class to use transmitters of any rated
FEDERAL COMMUNICATIONS
power, thus benefiting the AM service
COMMISSION
by broadening the market of transmitters
available to stations, enhancing the
47 CFR Parts 73 and 74
secondary market for AM transmitters,
and reducing the number of transmitters
[MB Docket No. 21–263; FCC 22–13; FR ID
that need to be disposed of.
76380]
Accordingly, it amends 47 CFR
Broadcast Radio Technical Rules
73.1665(b) by removing the maximum
rated transmitter power for AM stations,
AGENCY: Federal Communications
deletes the ‘‘Table 1 to paragraph (b),’’
Commission.
and replaces ‘‘power rating limit’’ in the
ACTION: Final rule.
first sentence with ‘‘manufacturer-rated
power limit’’ to indicate that this is a
SUMMARY: The Federal Communication
technical specification established by
Commission (Commission or FCC)
the transmitter manufacturer.
amends the rules applicable to
3. Noncommercial Educational (NCE)
broadcast radio stations to better reflect
community of license coverage. The
current requirements and eliminate
Commission eliminates the
redundant, outdated, or conflicting
inconsistency between 47 CFR
technical provisions.
73.316(c)(2)(ix)(B) and 73.1690(c)(8)(i)
DATES: Effective April 18, 2022.
and the NCE FM community coverage
FOR FURTHER INFORMATION CONTACT:
standard set out in 47 CFR 73.515.
James Bradshaw, Deputy Division Chief, Specifically, it amends
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Horseradish ................................
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§§ 73.316(c)(2)(ix)(B) and
73.1690(c)(8)(i) to conform to the
updated standard that NCE applicants
must show that their predicted 60 dBu
contour will cover at least 50% of the
relevant community of license or reach
50% of the population within the
community.
4. FM transmitter interference to
nearby antennas. The Commission
declines to eliminate the proximate
interference rule, 47 CFR 73.316(d), on
the basis of industry feedback. However,
it correct a typographical error in this
rule by replacing the word
‘‘approximate’’ with ‘‘proximate.’’
5. NCE FM Class D second-adjacent
channel interference ratio. The
Commission amends 47 CFR 73.509(b),
which sets out signal strength contour
overlap requirements for NCE FM Class
D stations, to harmonize with the more
permissive standard applied to all other
NCE–FM stations. The Commission
states that the less restrictive
requirements have proven effective for
other station classes and that there is no
reason to continue treating Class D
stations differently in this context.
Although this distinction was originally
designed to accommodate the
establishment of the low power FM
(LPFM) service, because the LPFM
service is now mature, it is appropriate
to extend the general contour overlap
limits to Class D NCE stations. The
Commission anticipates that the less
preclusive requirement will create
opportunities for NCE stations to
increase power and coverage, as well as
provide them with greater site selection
flexibility. Accordingly, it amends 47
CFR 73.509(b) as set out in the final
rules and makes non-substantive and
formatting edits to the table contained
in 47 CFR 73.509(a).
6. Protection for grandfathered
common carriers in Alaska in the 76–
100 MHz band. The Commission deletes
47 CFR 73.501(b), 74.1202(b)(3), the
second sentence of 74.702(a)(1), and the
second sentence of 74.786(b), all
containing similar language requiring
broadcast services to protect
grandfathered common carrier services
in Alaska operating in the 76–100 MHz
frequency band. The Commission
explains that this requirement is
unnecessary and obsolete because the
Commission’s licensing databases
indicate that there are no longer any
common carrier services remaining in
this frequency band in Alaska.
7. AM fill-in area definition. The
Commission amends the definition of
‘‘AM fill-in area’’ set out in 47 CFR
74.1201(j) to conform to the requirement
in 47 CFR 74.1201(g) that the ‘‘coverage
contour of an FM translator
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rebroadcasting an AM radio broadcast
station as its primary station must be
contained within the greater of either
the 2 mV/m daytime contour of the AM
station or a 25-mile (40 km) radius
centered at the AM transmitter site.’’
This change harmonizes the various
rules governing fill-in translator
transmitter siting and does not affect the
signal coverage requirement set out in
47 CFR 74.1201(g).
8. International coordinations. The
Commission updates 47 CFR 73.207(b)
and 74.1235(d) to comport with the
relevant international treaties.
Specifically, it updates 47 CFR
73.207(b)(2) and the associated table to
reflect the spacing requirements set out
in the 1997 amendment to the 1991
U.S.-Canada FM Broadcasting
Agreement and to reference the contour
overlap provisions of section 5.2 of the
Agreement. The Commission concludes
that there is no need to grandfather
stations that do not meet the new
requirements because, at the time that
the 1997 amendment took effect, the
Commission coordinated with Canada
Table B allotment modifications in
accordance with the increase of Class A
allotments to 6kW and has subsequently
applied the distance separations set out
in the amended 1991 U.S.-Canada FM
Broadcasting Agreement when
processing applications for more than
two decades. The Commission clarifies
that no facility modifications will be
ordered because of the administrative
updates to the distance separation
requirements and that any Class A FM
station may continue to operate under
its licensed parameters. However, any
application to modify the technical
parameters in the station’s license must
include a showing that the proposed
facilities satisfy the treaty requirements
with respect to the Canadian border as
set out in amended 47 CFR 73.207(b)(2).
9. The Commission also updates 47
CFR 73.207(b)(3) and the associated
table to reflect the spacing requirements
set out in the 1992 U.S.-Mexico FM
Broadcasting Agreement. It clarifies
that, for the purposes of the table
associated with 47 CFR 73.207(b)(3),
U.S. Class C0 assignments or allotments
are considered Class C. In addition, the
Commission states that the distances in
both 47 CFR 73.207(b)(2) and (3) are to
be calculated using the distance
calculation methodology set out in the
two respective Agreements. Finally, it
makes non-substantive and formatting
edits to all of the minimum distance
separation tables contained in 47 CFR
73.207(b).
10. The Commission also updates 47
CFR 74.1235(d) to eliminate
inconsistent provisions and reflect
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current treaty requirements applicable
to FM translators. Specifically, it deletes
all of the current introductory language
of paragraph (d) prior to paragraphs
(d)(1), (2), and (3). The first sentence of
that introductory paragraph is
inconsistent with the current treaty
power limits established in the 1991
U.S.-Canada FM Broadcasting
Agreement, as amended, which are
already codified in paragraph (d)(3). The
remainder of the introductory paragraph
is inconsistent with the terms of the
1992 U.S.-Mexico FM Broadcasting
Agreement, which specifies that FM
translator stations are subject to a
contour overlap based spacing
methodology and are thus not subject to
the distance separations of 47 CFR
73.207(b)(3). Finally, the reference in
that paragraph to a 10-watt transmitter
power output limitation is a superseded
provision originally set out in the U.S.Mexican FM Broadcast Agreement of
1972 and is no longer required under
the current treaty. For these reasons, the
Commission deletes all of the
introductory language of § 74.1235(d) as
obsolete.
Paperwork Reduction Act Analysis
11. This document does not contain
proposed 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 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).
Final Regulatory Flexibility Analysis
12. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility
Analysis (IRFA) was incorporated in the
notice of proposed rulemaking (NPRM)
to this proceeding. The Commission
sought written public comment on the
proposals in the NPRM, including
comment on the IRFA. The Commission
received no comments on the IRFA.
This Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the
Report and Order
13. This document adopts several rule
changes to better reflect current
requirements and eliminate redundant,
outdated, or conflicting provisions.
Specifically, the Commission:
• Eliminates the maximum rated
transmitter power limit rule for AM
stations. The Commission finds that an
equipment limitation on potential
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transmitter power that is established by
the transmitter manufacturer is outdated
and unnecessary given the
Commission’s current reliance on actual
operating antenna input power as the
most accurate and effective means of
ensuring that AM stations adhere to
their authorized power limits.
• Updates several rule provisions
containing an obsolete noncommercial
educational (NCE) FM community of
license coverage standard to harmonize
with the later-adopted, more specific,
NCE community of license coverage
requirement.
• Updates the signal strength contour
overlap requirements for NCE FM Class
D stations to harmonize with the
contour overlap requirements for all
other classes of NCE FM stations. The
Commission concludes that there is no
reason to continue treating Class D
stations differently in this context and
that a less preclusive standard will
create opportunities for NCE stations to
increase power and coverage, as well as
provide them with greater site selection
flexibility.
• Eliminates the requirement for
radio broadcast services to protect
grandfathered common carrier services
in Alaska operating in the 76–100 MHz
frequency band. This requirement is no
longer necessary as there are no more
common carriers in this band in Alaska.
• Harmonizes the definition of an
‘‘AM fill-in area’’ set out in multiple
rule sections. This correction applies
the most up-to-date definition of ‘‘AM
fill-in area’’ consistently across the
relevant rules.
• Amends regulations applicable to
broadcast stations within 320 kilometers
of the Mexican and Canadian borders to
implement the most current treaty
provisions.
Amending these rules to accurately
reflect current requirements will reduce
potential confusion and eliminate
unnecessary burdens on broadcasters.
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B. Summary of Significant Issues Raised
by Public Comments in Response to the
IRFA
14. There were no comments to the
IRFA filed.
C. Response to Comments by the Chief
Counsel for Advocacy of the Small
Business Administration
15. 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
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Counsel did not file any comments in
response to the proposed rules in this
proceeding.
D. Description and Estimate of the
Number of Small Entities to Which the
Rules Apply
16. The RFA directs the Commission
to provide a description of and, where
feasible, an estimate of the number of
small entities that will be affected by the
rules adopted herein. The RFA generally
defines the term ‘‘small entity’’ as
having the same meaning as the terms
‘‘small business,’’ ‘‘small organization,’’
and ‘‘small government 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 Small Business
Administration (SBA).
17. Radio Stations. Radio stations are
an Economic Census category that
‘‘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 $41.5 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, 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, we conclude that the
majority of radio broadcast stations were
small entities under the applicable SBA
size standard.
18. Apart from the U.S. Census, the
Commission has estimated the number
of licensed commercial AM stations to
be 4,509 and the number of commercial
FM stations to be 6,676 for a total of
11,185, along with 8,866 FM translator
and booster stations. According to BIA/
Kelsey Publications, Inc.’s Media Access
Pro Database, as of March 2020, 4,389
a.m. stations and 6,767 FM stations had
revenues of $41.5 million or less. In
addition, the Commission has estimated
the number of noncommercial
educational FM radio stations to be
4,204. NCE stations are non-profit, and
therefore considered to be small entities.
Accordingly, we estimate that the
majority of radio broadcast stations are
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15341
small entities. We note, however, that,
in assessing whether a business concern
qualifies as small under the above
definition, business affiliations must be
included. Our estimate, therefore, likely
overstates the number of small entities
that might be affected by our action,
because the revenue figure on which it
is based does not include or aggregate
revenues from affiliated companies.
19. Moreover, 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 overinclusive 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.
E. Description of Projected Reporting,
Record Keeping and Other Compliance
Requirements
20. The rule changes adopted in the
Report and Order do not include any
notification or recordkeeping
requirements.
F. Steps Taken To Minimize Significant
Impact on Small Entities, and
Significant Alternatives Considered
21. 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.
22. The rules adopted or amended in
the Report and Order do not impose any
new substantive requirements on
broadcast radio stations. Rather, they
clarify existing technical requirements,
create consistency across different rules,
and ensure that current treaty terms are
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accurately reflected in the rules. These
measures will help small entities by
reducing their need to rely on third
parties, such as legal counsel, to
understand the rules and comply with
regulatory requirements. Significant
alternatives would include leaving the
rules as they are; however, in the
Commission’s judgment the increased
transparency and certainty under the
amended rules would outweigh any
benefit of familiarity with the existing
rules. The Commission did take this
alternative approach when it decided to
retain the proximate interference rule
set out in § 73.316(d), responding to
industry feedback that that rule serves a
useful purpose.
G. Report to Congress
23. The Commission will send a copy
of the Report and Order, including the
FRFA, in a report to Congress and the
Government Accountability Office
pursuant to the Small Business
Regulatory Enforcement Fairness Act of
1996. In addition, the Commission will
send a copy of the Report and Order,
including the FRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration. A copy of the
Report and Order and FRFA (or
summaries thereof) will also be
published in the Federal Register.
Ordering Clauses
24. Accordingly, it is 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,
the Report and Order is adopted and
will become effective 30 days after
publication in the Federal Register.
25. It is further ordered that parts 73
and 74 of the Commission’s Rules ARE
amended as set forth in the final rules
and such rule amendments will become
effective 30 days after publication in the
Federal Register.
26. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
the Report and Order, including the
Final Regulatory Flexibility
Certification, to the Chief Counsel for
Advocacy of the Small Business
Administration.
27. It is further ordered that the
Commission shall send a copy of the
Report and 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).
28. It is further ordered that, should
no petitions for reconsideration or
petitions for judicial review be timely
filed, MB Docket No. 21–263 shall be
terminated and its docket closed.
Commission amends 47 CFR chapter I,
parts 73 and 74, as follows:
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. Amend § 73.207 by:
■ a. Revising the first sentence of
paragraph (b) introductory text;
■ b. In paragraph (b)(1), revising the
introductory text and the heading for
the table;
■ c. Revising paragraphs (b)(2), (b)(3)
introductory text, and (b)(3)(iv) and (v);
■ d. Adding paragraph (b)(3)(vi); and
■ e. Redesignating Table C following
paragraph (b)(3) as table 3 to paragraph
(b) and revising the heading of the
newly redesignated table.
The revisions and addition read as
follows:
■
§ 73.207 Minimum distance separation
between stations.
List of Subjects
47 CFR Part 73
Mexico, Radio.
*
47 CFR Part 74
Mexico, Radio.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
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(b) The distances listed in Tables 1, 2,
and 3 of this paragraph (b) apply to
allotments and assignments on the same
channel and each of five pairs of
adjacent channels. * * *
(1) Domestic distance separation.
Domestic allotments and assignments
must be separated from each other by
not less than the distances in Table 1 to
this paragraph (b):
TABLE 1 TO PARAGRAPH (b)—MINIMUM DISTANCE SEPARATION REQUIREMENTS IN KILOMETERS
[Miles]
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(2) Canadian border distance
separation. Under the 1991 United
States-Canada FM Broadcasting
Agreement, as amended, any domestic
U.S. allotment or assignment within 320
kilometers (199 miles) of the common
border must either satisfy the contour
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overlap provisions set out in the
Agreement or be separated from
Canadian allotments and assignments
by not less than the distance given in
Table 2 to this paragraph (b), using the
distance calculation methodology set
out in the Agreement. When applying
*
*
Table 2, U.S. Class C0 allotments and
assignments are considered to be Class
C; U.S. Class C2 allotments and
assignments are considered to be Class
B; and U.S. Class C3 allotments and
assignments are considered to be Class
B1.
TABLE 2 TO PARAGRAPH (b)—MINIMUM DISTANCE SEPARATION REQUIREMENTS IN KILOMETERS
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[Canada]
Relation
A1
A1
A1
A1
to
to
to
to
Co-channel
A1 ...............................................................................
A .................................................................................
B1 ...............................................................................
B .................................................................................
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200 kHz
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400 kHz
45
78
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10.6/10.8 MHz
(I.F.)
600 kHz
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44
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71
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40
53
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4
7
9
12
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TABLE 2 TO PARAGRAPH (b)—MINIMUM DISTANCE SEPARATION REQUIREMENTS IN KILOMETERS—Continued
[Canada]
Relation
Co-channel
A1 to C1 ...............................................................................
A1 to C .................................................................................
A to A ...................................................................................
A to B1 .................................................................................
A to B ...................................................................................
A to C1 .................................................................................
A to C ...................................................................................
B1 to B1 ...............................................................................
B1 to B .................................................................................
B1 to C1 ...............................................................................
B1 to C .................................................................................
B to B ...................................................................................
B to C1 .................................................................................
B to C ...................................................................................
C1 to C1 ...............................................................................
C1 to C .................................................................................
C to C ...................................................................................
(3) Mexican border distance
separation. Under the 1992 United
States-Mexico FM Broadcasting
Agreement, any domestic U.S.
assignment or allotment within 320
kilometers (199 miles) of the common
border must either satisfy the contour
overlap provisions set out in section 7.3
of the Agreement or be separated from
Mexican assignments or allotments by
200 kHz
223
227
151
184
210
243
247
197
223
256
259
237
271
274
292
302
306
400 kHz
148
162
98
119
137
168
182
131
149
181
195
164
195
209
217
230
241
not less than the distances given in
Table 3 to this paragraph (b), using the
distance calculation methodology set
out in the Agreement. The minimum
required distance separation between
I.F. allotments and assignments cannot
be reduced. When applying Table 3—
*
*
*
*
*
(iv) U.S. Class C2 assignments or
allotments are considered Class B;
600 kHz
92
103
51
64
78
99
110
70
84
108
116
94
115
125
134
144
153
10.6/10.8 MHz
(I.F.)
88
99
42
55
69
90
101
57
71
92
103
74
95
106
101
111
113
19
26
10
12
15
22
29
24
24
40
40
24
40
40
48
48
48
(v) Class C1 assignments or allotments
assume maximum facilities of 100 kW
ERP at 300 meters HAAT. However,
U.S. Class C1 stations may not, in any
event, exceed the domestic U.S. limit of
100 kW ERP at 299 meters HAAT, or the
equivalent; and
(vi) U.S. Class C0 assignments or
allotments are considered Class C.
TABLE 3 TO PARAGRAPH (b)—MINIMUM DISTANCE SEPARATION REQUIREMENTS IN KILOMETERS
[Mexico]
*
*
*
3. Amend § 73.316 by:
a. In paragraph (c)(2)(ix)(B):
i. In the first sentence, removing
‘‘where’’ and adding ‘‘Where’’ in its
place; and
■ ii. Revising the second sentence; and
■ b. Revising paragraph (d).
The revisions read as follows:
■
■
■
§ 73.316
FM antenna systems.
jspears on DSK121TN23PROD with RULES1
*
*
*
*
*
(c) * * *
(2) * * *
(ix) * * *
(B) * * * The application for license
must also demonstrate that coverage of
the community of license by the 70 dBu
contour is maintained for stations
authorized pursuant to § 73.215 on
Channels 221 through 300, as required
by § 73.315(a), while noncommercial
educational stations operating on
Channels 201 through 220 must show
that the proposed transmitter location
will provide a minimum field strength
of 1 mV/m (60 dBu) over at least 50
percent of its community of license or
VerDate Sep<11>2014
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*
*
reach 50 percent of the population
within the community.
(d) Applications proposing the use of
FM transmitting antennas in the
immediate vicinity (i.e., 60 meters or
less) of other FM or TV broadcast
antennas must include a showing as to
the expected effect, if any, of such
proximate operation.
*
*
*
*
*
§ 73.501
[Amended]
4. Amend § 73.501 by removing and
reserving paragraph (b) and removing
the parenthetical authority citation at
the end of the section.
■
5. Amend § 73.507 by:
a. Revising paragraph (c); and
■ b. Removing the parenthetical
authority citation at the end of the
section.
The revision reads as follows:
■
■
§ 73.507 Minimum distance separations
between stations.
*
PO 00000
*
*
Frm 00027
*
Fmt 4700
*
Sfmt 4700
*
*
(c)(1) Stations separated in frequency
by 10.6 or 10.8 MHz (53 or 54 channels)
from allotments or assignments on nonreserved channels will not be
authorized unless they conform to the
separations given in Table 1 to
paragraph (b) of § 73.207.
(2) Under the United States-Mexican
FM Broadcasting Agreement, for
stations and assignments differing in
frequency by 10.6 to 10.8 MHz (53 or 54
channels), U.S. noncommercial
educational FM allotments and
assignments must meet the separations
given in Table 3 to paragraph (b) of
§ 73.207 to Mexican allotments or
assignments in the border area.
■ 6. Amend § 73.509 by:
■ a. In paragraph (a):
■ i. Revising the introductory text; and
■ ii. Adding a heading for the table; and
■ b. Revising paragraph (b).
The revisions read as follows:
§ 73.509
Prohibited overlap.
(a) An application for a new or
modified NCE–FM station other than a
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Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Rules and Regulations
Class D (secondary) station will not be
accepted if the proposed operation
would involve overlap of signal strength
contours with any other station licensed
by the Commission and operating in the
reserved band (Channels 200–220,
inclusive) as set forth in Table 1 to this
paragraph (a):
TABLE 1 TO PARAGRAPH (a)
*
*
*
(b) An application by a Class D
(secondary) station, other than an
application to change class, will not be
*
*
*
accepted if the proposed operation
would involve overlap of signal strength
*
contours with any other station as set
forth in Table 2 to this paragraph (b):
TABLE 2 TO PARAGRAPH (b)
Frequency separation
Contour of
proposed station
Co-channel ...............................................................................................................
200 kHz ....................................................................................................................
400/600 kHz .............................................................................................................
0.1 mV/m (40 dBu) .................................
0.5 mV/m (54 dBu) .................................
100 mV/m (100 dBu) ..............................
*
*
*
*
*
7. Amend § 73.1665 by revising
paragraph (b) to read as follows:
■
12. Amend § 74.1201 by revising
paragraph (j) to read as follows:
§ 73.1665
*
■
§ 74.1201
Main transmitters.
*
*
*
*
*
(b) There is no maximum
manufacturer-rated power limit for AM,
FM, TV or Class A TV station
transmitters.
*
*
*
*
*
■ 8. Amend § 73.1690 by revising the
second sentence of paragraph (c)(8)(i) to
read as follows:
§ 73.1690
systems.
Modification of transmission
*
*
*
*
*
(c) * * *
(8) * * *
(i) * * * Noncommercial educational
FM stations must continue to provide a
60 dBu contour over at least 50 percent
of its community of license or reach 50
percent of the population within the
community. * * *
*
*
*
*
*
PART 74—EXPERIMENTAL RADIO,
AUXILIARY, SPECIAL BROADCAST
AND OTHER PROGRAM
DISTRIBUTIONAL SERVICES
9. The authority citation for part 74
continues to read as follows:
■
jspears on DSK121TN23PROD with RULES1
Authority: 47 U.S.C. 154, 302a, 303, 307,
309, 310, 336 and 554.
§ 74.702
[Amended]
10. Amend § 74.702 by removing the
second sentence of paragraph (a)(1).
■
§ 74.786
[Amended]
11. Amend § 74.786 by removing the
second sentence of paragraph (b).
■
VerDate Sep<11>2014
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[Amended]
13. Amend § 74.1202 by removing
paragraph (b)(3).
■ 14. Amend § 74.1235 by:
■ a. Removing paragraph (d)
introductory text; and
■ b. Revising paragraph (d)(1) and the
first sentence of paragraph (d)(2).
The revisions read as follows:
■
§ 74.1235
systems.
Power limitations and antenna
*
*
*
*
*
(d)(1) Translator or booster stations
located within 125 kilometers of the
Mexican border may not exceed an ERP
of 50 watts (0.050 kW) in the direction
of the Mexican border. Such stations
also may not produce an interfering
contour in excess of 32 km from the
transmitter site in the direction of the
Mexican border, nor may the 60 dBu
service contour exceed 8.7 km from the
transmitter site in the direction of the
Mexican border.
(2) Translator or booster stations
located between 125 kilometers and 320
kilometers from the Mexican border
may operate with an ERP in excess of
50 watts. * * *
*
*
*
*
*
[FR Doc. 2022–05684 Filed 3–17–22; 8:45 am]
BILLING CODE 6712–01–P
PO 00000
Frm 00028
Fmt 4700
1 mV/m (60 dBu)
1 mV/m (60 dBu)
1 mV/m (60 dBu)
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
Definitions.
*
*
*
*
(j) AM Fill-in area. The area within
the greater of the 2 mV/m daytime
contour of the AM radio broadcast
station being rebroadcast or a 25-mile
(40 km) radius centered at the AM
transmitter site.
*
*
*
*
*
§ 74.1202
Contour of
any other station
Sfmt 4700
49 CFR Part 380
[Docket No. FMCSA–2007–27748]
RIN 2126–AB66
Minimum Training Requirements for
Entry-Level Commercial Motor Vehicle
Operators; Correction
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule; correcting
amendment.
AGENCY:
FMCSA removes obsolete
regulatory text from its June 30, 2021,
entry-level driver training (ELDT) final
rule. The section-by-section analysis in
the March 7, 2016 notice of proposed
rulemaking (NPRM) concerning the
ELDT requirements proposed that, upon
the effective date of the final rule, the
subpart setting out the old driver
training standards would be removed
from the regulations and the subpart
reserved for future use. However, the
Agency omitted the amendatory
instruction needed to remove and
reserve the subpart from the December
8, 2016 final rule. FMCSA corrects the
omission, which was repeated in
subsequent ELDT rulemaking notices,
the most recent being the June 2021
final rule.
DATES: This correction is effective
March 18, 2022, and is applicable
beginning February 7, 2022.
FOR FURTHER INFORMATION CONTACT: Mr.
Joshua Jones, Commercial Driver’s
License Division, FMCSA, 1200 New
SUMMARY:
E:\FR\FM\18MRR1.SGM
18MRR1
]]>Agencies
[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Rules and Regulations]
[Pages 15339-15344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05684]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 74
[MB Docket No. 21-263; FCC 22-13; FR ID 76380]
Broadcast Radio Technical Rules
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Communication Commission (Commission or FCC)
amends the rules applicable to broadcast radio stations to better
reflect current requirements and eliminate redundant, outdated, or
conflicting technical provisions.
DATES: Effective April 18, 2022.
FOR FURTHER INFORMATION CONTACT: James Bradshaw, Deputy Division Chief,
Media Bureau, Audio Division (202) 418-2739, [email protected];
Christine Goepp, Attorney Advisor, Media Bureau, Audio Division, (202)
418-7834, [email protected]v.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order (R&O), MB Docket No. 21-263, FCC 22-13, adopted on February
16, 2022, and released on February 17, 2022. The full text of the R&O
will be available electronically via the FCC's Electronic Document
Management System (EDOCS) website at www.fcc.gov/edocs or via the FCC's
Electronic Comment Filing System (ECFS) website at www.fcc.gov/ecfs.
The Commission published the notice of proposed rulemaking (NPRM) at 86
FR 43145 on August 6, 2021.
Synopsis
1. The Federal Communication Commission amends the following rules
applicable to broadcast radio stations to better reflect current
requirements and eliminate redundant, outdated, or conflicting
technical provisions.
2. Maximum rated transmitter power for AM stations. The Commission
amends 47 CFR 73.1665(b) to remove the maximum rated transmitter power
limit for AM stations and deletes the corresponding ``Table 1 to
paragraph (b).'' This equipment limitation on potential transmitter
power is outdated and unnecessary given the Commission's current
reliance on actual operating antenna input power as the most accurate
and effective means of ensuring that AM stations adhere to their
authorized power limits. The Commission anticipates that elimination of
this technical restriction on AM transmitters will allow AM stations of
any class to use transmitters of any rated power, thus benefiting the
AM service by broadening the market of transmitters available to
stations, enhancing the secondary market for AM transmitters, and
reducing the number of transmitters that need to be disposed of.
Accordingly, it amends 47 CFR 73.1665(b) by removing the maximum rated
transmitter power for AM stations, deletes the ``Table 1 to paragraph
(b),'' and replaces ``power rating limit'' in the first sentence with
``manufacturer-rated power limit'' to indicate that this is a technical
specification established by the transmitter manufacturer.
3. Noncommercial Educational (NCE) community of license coverage.
The Commission eliminates the inconsistency between 47 CFR
73.316(c)(2)(ix)(B) and 73.1690(c)(8)(i) and the NCE FM community
coverage standard set out in 47 CFR 73.515. Specifically, it amends
[[Page 15340]]
Sec. Sec. 73.316(c)(2)(ix)(B) and 73.1690(c)(8)(i) to conform to the
updated standard that NCE applicants must show that their predicted 60
dBu contour will cover at least 50% of the relevant community of
license or reach 50% of the population within the community.
4. FM transmitter interference to nearby antennas. The Commission
declines to eliminate the proximate interference rule, 47 CFR
73.316(d), on the basis of industry feedback. However, it correct a
typographical error in this rule by replacing the word ``approximate''
with ``proximate.''
5. NCE FM Class D second-adjacent channel interference ratio. The
Commission amends 47 CFR 73.509(b), which sets out signal strength
contour overlap requirements for NCE FM Class D stations, to harmonize
with the more permissive standard applied to all other NCE-FM stations.
The Commission states that the less restrictive requirements have
proven effective for other station classes and that there is no reason
to continue treating Class D stations differently in this context.
Although this distinction was originally designed to accommodate the
establishment of the low power FM (LPFM) service, because the LPFM
service is now mature, it is appropriate to extend the general contour
overlap limits to Class D NCE stations. The Commission anticipates that
the less preclusive requirement will create opportunities for NCE
stations to increase power and coverage, as well as provide them with
greater site selection flexibility. Accordingly, it amends 47 CFR
73.509(b) as set out in the final rules and makes non-substantive and
formatting edits to the table contained in 47 CFR 73.509(a).
6. Protection for grandfathered common carriers in Alaska in the
76-100 MHz band. The Commission deletes 47 CFR 73.501(b),
74.1202(b)(3), the second sentence of 74.702(a)(1), and the second
sentence of 74.786(b), all containing similar language requiring
broadcast services to protect grandfathered common carrier services in
Alaska operating in the 76-100 MHz frequency band. The Commission
explains that this requirement is unnecessary and obsolete because the
Commission's licensing databases indicate that there are no longer any
common carrier services remaining in this frequency band in Alaska.
7. AM fill-in area definition. The Commission amends the definition
of ``AM fill-in area'' set out in 47 CFR 74.1201(j) to conform to the
requirement in 47 CFR 74.1201(g) that the ``coverage contour of an FM
translator rebroadcasting an AM radio broadcast station as its primary
station must be contained within the greater of either the 2 mV/m
daytime contour of the AM station or a 25-mile (40 km) radius centered
at the AM transmitter site.'' This change harmonizes the various rules
governing fill-in translator transmitter siting and does not affect the
signal coverage requirement set out in 47 CFR 74.1201(g).
8. International coordinations. The Commission updates 47 CFR
73.207(b) and 74.1235(d) to comport with the relevant international
treaties. Specifically, it updates 47 CFR 73.207(b)(2) and the
associated table to reflect the spacing requirements set out in the
1997 amendment to the 1991 U.S.-Canada FM Broadcasting Agreement and to
reference the contour overlap provisions of section 5.2 of the
Agreement. The Commission concludes that there is no need to
grandfather stations that do not meet the new requirements because, at
the time that the 1997 amendment took effect, the Commission
coordinated with Canada Table B allotment modifications in accordance
with the increase of Class A allotments to 6kW and has subsequently
applied the distance separations set out in the amended 1991 U.S.-
Canada FM Broadcasting Agreement when processing applications for more
than two decades. The Commission clarifies that no facility
modifications will be ordered because of the administrative updates to
the distance separation requirements and that any Class A FM station
may continue to operate under its licensed parameters. However, any
application to modify the technical parameters in the station's license
must include a showing that the proposed facilities satisfy the treaty
requirements with respect to the Canadian border as set out in amended
47 CFR 73.207(b)(2).
9. The Commission also updates 47 CFR 73.207(b)(3) and the
associated table to reflect the spacing requirements set out in the
1992 U.S.-Mexico FM Broadcasting Agreement. It clarifies that, for the
purposes of the table associated with 47 CFR 73.207(b)(3), U.S. Class
C0 assignments or allotments are considered Class C. In addition, the
Commission states that the distances in both 47 CFR 73.207(b)(2) and
(3) are to be calculated using the distance calculation methodology set
out in the two respective Agreements. Finally, it makes non-substantive
and formatting edits to all of the minimum distance separation tables
contained in 47 CFR 73.207(b).
10. The Commission also updates 47 CFR 74.1235(d) to eliminate
inconsistent provisions and reflect current treaty requirements
applicable to FM translators. Specifically, it deletes all of the
current introductory language of paragraph (d) prior to paragraphs
(d)(1), (2), and (3). The first sentence of that introductory paragraph
is inconsistent with the current treaty power limits established in the
1991 U.S.-Canada FM Broadcasting Agreement, as amended, which are
already codified in paragraph (d)(3). The remainder of the introductory
paragraph is inconsistent with the terms of the 1992 U.S.-Mexico FM
Broadcasting Agreement, which specifies that FM translator stations are
subject to a contour overlap based spacing methodology and are thus not
subject to the distance separations of 47 CFR 73.207(b)(3). Finally,
the reference in that paragraph to a 10-watt transmitter power output
limitation is a superseded provision originally set out in the U.S.-
Mexican FM Broadcast Agreement of 1972 and is no longer required under
the current treaty. For these reasons, the Commission deletes all of
the introductory language of Sec. 74.1235(d) as obsolete.
Paperwork Reduction Act Analysis
11. This document does not contain proposed 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 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).
Final Regulatory Flexibility Analysis
12. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the notice of proposed rulemaking (NPRM) to this
proceeding. The Commission sought written public comment on the
proposals in the NPRM, including comment on the IRFA. The Commission
received no comments on the IRFA. This Final Regulatory Flexibility
Analysis (FRFA) conforms to the RFA.
A. Need for, and Objectives of, the Report and Order
13. This document adopts several rule changes to better reflect
current requirements and eliminate redundant, outdated, or conflicting
provisions. Specifically, the Commission:
Eliminates the maximum rated transmitter power limit rule
for AM stations. The Commission finds that an equipment limitation on
potential
[[Page 15341]]
transmitter power that is established by the transmitter manufacturer
is outdated and unnecessary given the Commission's current reliance on
actual operating antenna input power as the most accurate and effective
means of ensuring that AM stations adhere to their authorized power
limits.
Updates several rule provisions containing an obsolete
noncommercial educational (NCE) FM community of license coverage
standard to harmonize with the later-adopted, more specific, NCE
community of license coverage requirement.
Updates the signal strength contour overlap requirements
for NCE FM Class D stations to harmonize with the contour overlap
requirements for all other classes of NCE FM stations. The Commission
concludes that there is no reason to continue treating Class D stations
differently in this context and that a less preclusive standard will
create opportunities for NCE stations to increase power and coverage,
as well as provide them with greater site selection flexibility.
Eliminates the requirement for radio broadcast services to
protect grandfathered common carrier services in Alaska operating in
the 76-100 MHz frequency band. This requirement is no longer necessary
as there are no more common carriers in this band in Alaska.
Harmonizes the definition of an ``AM fill-in area'' set
out in multiple rule sections. This correction applies the most up-to-
date definition of ``AM fill-in area'' consistently across the relevant
rules.
Amends regulations applicable to broadcast stations within
320 kilometers of the Mexican and Canadian borders to implement the
most current treaty provisions.
Amending these rules to accurately reflect current requirements
will reduce potential confusion and eliminate unnecessary burdens on
broadcasters.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
14. There were no comments to the IRFA filed.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
15. 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 rules in this proceeding.
D. Description and Estimate of the Number of Small Entities to Which
the Rules Apply
16. The RFA directs the Commission to provide a description of and,
where feasible, an estimate of the number of small entities that will
be affected by the rules adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small government
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 Small Business
Administration (SBA).
17. Radio Stations. Radio stations are an Economic Census category
that ``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 $41.5 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, 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, we conclude that the
majority of radio broadcast stations were small entities under the
applicable SBA size standard.
18. Apart from the U.S. Census, the Commission has estimated the
number of licensed commercial AM stations to be 4,509 and the number of
commercial FM stations to be 6,676 for a total of 11,185, along with
8,866 FM translator and booster stations. According to BIA/Kelsey
Publications, Inc.'s Media Access Pro Database, as of March 2020, 4,389
a.m. stations and 6,767 FM stations had revenues of $41.5 million or
less. In addition, the Commission has estimated the number of
noncommercial educational FM radio stations to be 4,204. NCE stations
are non-profit, and therefore considered to be small entities.
Accordingly, we estimate that the majority of radio broadcast stations
are small entities. We note, however, that, in assessing whether a
business concern qualifies as small under the above definition,
business affiliations must be included. Our estimate, therefore, likely
overstates the number of small entities that might be affected by our
action, because the revenue figure on which it is based does not
include or aggregate revenues from affiliated companies.
19. Moreover, 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.
E. Description of Projected Reporting, Record Keeping and Other
Compliance Requirements
20. The rule changes adopted in the Report and Order do not include
any notification or recordkeeping requirements.
F. Steps Taken To Minimize Significant Impact on Small Entities, and
Significant Alternatives Considered
21. 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.
22. The rules adopted or amended in the Report and Order do not
impose any new substantive requirements on broadcast radio stations.
Rather, they clarify existing technical requirements, create
consistency across different rules, and ensure that current treaty
terms are
[[Page 15342]]
accurately reflected in the rules. These measures will help small
entities by reducing their need to rely on third parties, such as legal
counsel, to understand the rules and comply with regulatory
requirements. Significant alternatives would include leaving the rules
as they are; however, in the Commission's judgment the increased
transparency and certainty under the amended rules would outweigh any
benefit of familiarity with the existing rules. The Commission did take
this alternative approach when it decided to retain the proximate
interference rule set out in Sec. 73.316(d), responding to industry
feedback that that rule serves a useful purpose.
G. Report to Congress
23. The Commission will send a copy of the Report and Order,
including the FRFA, in a report to Congress and the Government
Accountability Office pursuant to the Small Business Regulatory
Enforcement Fairness Act of 1996. In addition, the Commission will send
a copy of the Report and Order, including the FRFA, to the Chief
Counsel for Advocacy of the Small Business Administration. A copy of
the Report and Order and FRFA (or summaries thereof) will also be
published in the Federal Register.
Ordering Clauses
24. Accordingly, it is 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, the Report and
Order is adopted and will become effective 30 days after publication in
the Federal Register.
25. It is further ordered that parts 73 and 74 of the Commission's
Rules ARE amended as set forth in the final rules and such rule
amendments will become effective 30 days after publication in the
Federal Register.
26. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of the Report and Order, including the Final Regulatory
Flexibility Certification, to the Chief Counsel for Advocacy of the
Small Business Administration.
27. It is further ordered that the Commission shall send a copy of
the Report and 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).
28. It is further ordered that, should no petitions for
reconsideration or petitions for judicial review be timely filed, MB
Docket No. 21-263 shall be terminated and its docket closed.
List of Subjects
47 CFR Part 73
Mexico, Radio.
47 CFR Part 74
Mexico, Radio.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR chapter I, 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, 339.
0
2. Amend Sec. 73.207 by:
0
a. Revising the first sentence of paragraph (b) introductory text;
0
b. In paragraph (b)(1), revising the introductory text and the heading
for the table;
0
c. Revising paragraphs (b)(2), (b)(3) introductory text, and (b)(3)(iv)
and (v);
0
d. Adding paragraph (b)(3)(vi); and
0
e. Redesignating Table C following paragraph (b)(3) as table 3 to
paragraph (b) and revising the heading of the newly redesignated table.
The revisions and addition read as follows:
Sec. 73.207 Minimum distance separation between stations.
* * * * *
(b) The distances listed in Tables 1, 2, and 3 of this paragraph
(b) apply to allotments and assignments on the same channel and each of
five pairs of adjacent channels. * * *
(1) Domestic distance separation. Domestic allotments and
assignments must be separated from each other by not less than the
distances in Table 1 to this paragraph (b):
Table 1 to Paragraph (b)--Minimum Distance Separation Requirements in
Kilometers
[Miles]
* * * * * * *
(2) Canadian border distance separation. Under the 1991 United
States-Canada FM Broadcasting Agreement, as amended, any domestic U.S.
allotment or assignment within 320 kilometers (199 miles) of the common
border must either satisfy the contour overlap provisions set out in
the Agreement or be separated from Canadian allotments and assignments
by not less than the distance given in Table 2 to this paragraph (b),
using the distance calculation methodology set out in the Agreement.
When applying Table 2, U.S. Class C0 allotments and assignments are
considered to be Class C; U.S. Class C2 allotments and assignments are
considered to be Class B; and U.S. Class C3 allotments and assignments
are considered to be Class B1.
Table 2 to Paragraph (b)--Minimum Distance Separation Requirements in Kilometers
[Canada]
----------------------------------------------------------------------------------------------------------------
10.6/10.8 MHz
Relation Co-channel 200 kHz 400 kHz 600 kHz (I.F.)
----------------------------------------------------------------------------------------------------------------
A1 to A1........................ 78 45 24 20 4
A1 to A......................... 131 78 44 40 7
A1 to B1........................ 164 98 57 53 9
A1 to B......................... 190 117 71 67 12
[[Page 15343]]
A1 to C1........................ 223 148 92 88 19
A1 to C......................... 227 162 103 99 26
A to A.......................... 151 98 51 42 10
A to B1......................... 184 119 64 55 12
A to B.......................... 210 137 78 69 15
A to C1......................... 243 168 99 90 22
A to C.......................... 247 182 110 101 29
B1 to B1........................ 197 131 70 57 24
B1 to B......................... 223 149 84 71 24
B1 to C1........................ 256 181 108 92 40
B1 to C......................... 259 195 116 103 40
B to B.......................... 237 164 94 74 24
B to C1......................... 271 195 115 95 40
B to C.......................... 274 209 125 106 40
C1 to C1........................ 292 217 134 101 48
C1 to C......................... 302 230 144 111 48
C to C.......................... 306 241 153 113 48
----------------------------------------------------------------------------------------------------------------
(3) Mexican border distance separation. Under the 1992 United
States-Mexico FM Broadcasting Agreement, any domestic U.S. assignment
or allotment within 320 kilometers (199 miles) of the common border
must either satisfy the contour overlap provisions set out in section
7.3 of the Agreement or be separated from Mexican assignments or
allotments by not less than the distances given in Table 3 to this
paragraph (b), using the distance calculation methodology set out in
the Agreement. The minimum required distance separation between I.F.
allotments and assignments cannot be reduced. When applying Table 3--
* * * * *
(iv) U.S. Class C2 assignments or allotments are considered Class
B;
(v) Class C1 assignments or allotments assume maximum facilities of
100 kW ERP at 300 meters HAAT. However, U.S. Class C1 stations may not,
in any event, exceed the domestic U.S. limit of 100 kW ERP at 299
meters HAAT, or the equivalent; and
(vi) U.S. Class C0 assignments or allotments are considered Class
C.
Table 3 to Paragraph (b)--Minimum Distance Separation Requirements in
Kilometers
[Mexico]
* * * * * * *
0
3. Amend Sec. 73.316 by:
0
a. In paragraph (c)(2)(ix)(B):
0
i. In the first sentence, removing ``where'' and adding ``Where'' in
its place; and
0
ii. Revising the second sentence; and
0
b. Revising paragraph (d).
The revisions read as follows:
Sec. 73.316 FM antenna systems.
* * * * *
(c) * * *
(2) * * *
(ix) * * *
(B) * * * The application for license must also demonstrate that
coverage of the community of license by the 70 dBu contour is
maintained for stations authorized pursuant to Sec. 73.215 on Channels
221 through 300, as required by Sec. 73.315(a), while noncommercial
educational stations operating on Channels 201 through 220 must show
that the proposed transmitter location will provide a minimum field
strength of 1 mV/m (60 dBu) over at least 50 percent of its community
of license or reach 50 percent of the population within the community.
(d) Applications proposing the use of FM transmitting antennas in
the immediate vicinity (i.e., 60 meters or less) of other FM or TV
broadcast antennas must include a showing as to the expected effect, if
any, of such proximate operation.
* * * * *
Sec. 73.501 [Amended]
0
4. Amend Sec. 73.501 by removing and reserving paragraph (b) and
removing the parenthetical authority citation at the end of the
section.
0
5. Amend Sec. 73.507 by:
0
a. Revising paragraph (c); and
0
b. Removing the parenthetical authority citation at the end of the
section.
The revision reads as follows:
Sec. 73.507 Minimum distance separations between stations.
* * * * *
(c)(1) Stations separated in frequency by 10.6 or 10.8 MHz (53 or
54 channels) from allotments or assignments on non-reserved channels
will not be authorized unless they conform to the separations given in
Table 1 to paragraph (b) of Sec. 73.207.
(2) Under the United States-Mexican FM Broadcasting Agreement, for
stations and assignments differing in frequency by 10.6 to 10.8 MHz (53
or 54 channels), U.S. noncommercial educational FM allotments and
assignments must meet the separations given in Table 3 to paragraph (b)
of Sec. 73.207 to Mexican allotments or assignments in the border
area.
0
6. Amend Sec. 73.509 by:
0
a. In paragraph (a):
0
i. Revising the introductory text; and
0
ii. Adding a heading for the table; and
0
b. Revising paragraph (b).
The revisions read as follows:
Sec. 73.509 Prohibited overlap.
(a) An application for a new or modified NCE-FM station other than
a
[[Page 15344]]
Class D (secondary) station will not be accepted if the proposed
operation would involve overlap of signal strength contours with any
other station licensed by the Commission and operating in the reserved
band (Channels 200-220, inclusive) as set forth in Table 1 to this
paragraph (a):
Table 1 to Paragraph (a)
* * * * * * *
(b) An application by a Class D (secondary) station, other than an
application to change class, will not be accepted if the proposed
operation would involve overlap of signal strength contours with any
other station as set forth in Table 2 to this paragraph (b):
Table 2 to Paragraph (b)
------------------------------------------------------------------------
Contour of Contour of any other
Frequency separation proposed station station
------------------------------------------------------------------------
Co-channel................... 0.1 mV/m (40 1 mV/m (60 dBu)
dBu).
200 kHz...................... 0.5 mV/m (54 1 mV/m (60 dBu)
dBu).
400/600 kHz.................. 100 mV/m (100 1 mV/m (60 dBu)
dBu).
------------------------------------------------------------------------
* * * * *
0
7. Amend Sec. 73.1665 by revising paragraph (b) to read as follows:
Sec. 73.1665 Main transmitters.
* * * * *
(b) There is no maximum manufacturer-rated power limit for AM, FM,
TV or Class A TV station transmitters.
* * * * *
0
8. Amend Sec. 73.1690 by revising the second sentence of paragraph
(c)(8)(i) to read as follows:
Sec. 73.1690 Modification of transmission systems.
* * * * *
(c) * * *
(8) * * *
(i) * * * Noncommercial educational FM stations must continue to
provide a 60 dBu contour over at least 50 percent of its community of
license or reach 50 percent of the population within the community. * *
*
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
9. 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.
Sec. 74.702 [Amended]
0
10. Amend Sec. 74.702 by removing the second sentence of paragraph
(a)(1).
Sec. 74.786 [Amended]
0
11. Amend Sec. 74.786 by removing the second sentence of paragraph
(b).
0
12. Amend Sec. 74.1201 by revising paragraph (j) to read as follows:
Sec. 74.1201 Definitions.
* * * * *
(j) AM Fill-in area. The area within the greater of the 2 mV/m
daytime contour of the AM radio broadcast station being rebroadcast or
a 25-mile (40 km) radius centered at the AM transmitter site.
* * * * *
Sec. 74.1202 [Amended]
0
13. Amend Sec. 74.1202 by removing paragraph (b)(3).
0
14. Amend Sec. 74.1235 by:
0
a. Removing paragraph (d) introductory text; and
0
b. Revising paragraph (d)(1) and the first sentence of paragraph
(d)(2).
The revisions read as follows:
Sec. 74.1235 Power limitations and antenna systems.
* * * * *
(d)(1) Translator or booster stations located within 125 kilometers
of the Mexican border may not exceed an ERP of 50 watts (0.050 kW) in
the direction of the Mexican border. Such stations also may not produce
an interfering contour in excess of 32 km from the transmitter site in
the direction of the Mexican border, nor may the 60 dBu service contour
exceed 8.7 km from the transmitter site in the direction of the Mexican
border.
(2) Translator or booster stations located between 125 kilometers
and 320 kilometers from the Mexican border may operate with an ERP in
excess of 50 watts. * * *
* * * * *
[FR Doc. 2022-05684 Filed 3-17-22; 8:45 am]
BILLING CODE 6712-01-P
