Program Originating FM Broadcast Booster Stations, 26786-26793 [2024-07910]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 89, Number 74 (Tuesday, April 16, 2024)]
[Rules and Regulations]
[Pages 26786-26793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07910]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 11, 73, and 74

[MB Docket No. 20-401; FCC 24-35; FR ID 213398]


Program Originating FM Broadcast Booster Stations

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In a Report and Order, the Federal Communications Commission 
(Commission) finds that allowing FM booster stations to originate 
content on a limited basis would serve the public interest. The Report 
and Order adopts rules to allow for the voluntary implementation of 
program originating FM booster stations, subject to future adoption of 
processing, licensing, and service rules proposed concurrently in a 
further notice of proposed rulemaking, published elsewhere in this 
issue of the Federal Register. The rule changes in this document are 
needed to expand the potential uses of FM booster stations, which 
currently may not originate programming. The intended effect is to 
allow radio broadcasters to provide more relevant localized programming 
and information to different zones within their service areas.

DATES: Effective date: May 16, 2024.

FOR FURTHER INFORMATION CONTACT: Albert Shuldiner, Chief, Media Bureau, 
Audio Division, (202) 418-2721, [email protected]; Irene 
Bleiweiss, Attorney, Media Bureau, Audio Division, (202) 418-2785, 
[email protected]. For additional information concerning the 
Paperwork Reduction Act (PRA) information collection requirements 
contained in this document, contact Cathy Williams at (202) 418-2918, 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (R&O), MB Docket No. 20-401; FCC 24-35, adopted on March 27, 
2024, and released on April 2, 2024. The full text of this document 
will be available via the FCC's Electronic Comment Filing System 
(ECFS), https://www.fcc.gov/cgb/ecfs/. Documents will be available 
electronically in ASCII, Microsoft Word, and/or Adobe Acrobat. 
Alternative formats are available for people with disabilities 
(braille, large print, electronic files, audio format), by sending an 
email to [email protected] or calling the Commission's Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY). The Commission published the notice of proposed rulemaking 
(NPRM) at 86 FR 1909 on January 11, 2021.

Paperwork Reduction Act of 1995 Analysis

    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 burdens 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

    The Commission has determined, and the Administrator of the Office 
of Information and Regulatory Affairs, Office of Management and Budget, 
concurs, that these rules are non-major under the Congressional Review 
Act, 5 U.S.C. 804(2). The Commission will send a copy of the R&O to 
Congress and the Government Accountability Office (GAO) pursuant to 5 
U.S.C. 801(a)(1)(A).

Synopsis

    1. Introduction. In the R&O, the Commission expands the potential 
uses of FM boosters, which are low power, secondary stations that 
operate in the FM broadcast band. As a secondary service, FM booster 
stations are not permitted to cause adjacent-channel interference to 
other primary services or previously-authorized secondary stations. 
They must operate on the same frequency as the primary station, and 
have been limited to rebroadcasting the primary station's signal in its 
entirety (i.e., no transmission of original content). Historically, the 
sole use of FM boosters has been to improve signal strength of primary 
FM stations in areas where reception is poor due to terrain or distance 
from the transmitter. The R&O amends the Commission's rules to allow FM 
and low power FM (LPFM) broadcasters to employ FM booster stations to 
originate programming for up to three minutes per hour. This represents 
a change from current requirements of 47 CFR 74.1201(f) and 74.1231 
which, respectively, define FM booster stations as not altering the 
signal they receive from their primary FM station and prohibit FM 
boosters from making independent transmissions.
    2. GeoBroadcast Solutions, LLC (GBS), the proponent of the rule 
changes, has developed technology designed to allow licensees of 
primary FM and LPFM broadcast stations to ``geo-target'' a portion of 
their programming by using FM boosters to originate different content 
for different parts of their service areas. Prior to proposing rule 
changes, GBS tested its technology under different conditions in three 
radio markets and concluded that the technology could be deployed for 
limited periods of time within the primary station's protected service 
contour without causing any adjacent-channel interference, and that any 
resulting co-channel interference (self-interference to the licensee's 
own signal) would be manageable and not detrimental to listeners. GBS 
filed a Petition for Rulemaking (Petition) seeking to allow FM boosters 
to originate programming. The Petition suggested that geo-targeted 
broadcasting can deliver significant value to broadcasters, 
advertisers, and listeners in distinct communities by broadcasting more 
relevant localized information and advancing diversity. Stations might, 
for example, air hyper-local news and weather reports most relevant to 
a particular community. Stations also might air advertisements or 
underwriting acknowledgements from businesses that are only interested 
in reaching small geographic areas, thereby enhancing the stations' 
ability to compete for local support. GBS pointed out that many other 
types of media, such as online content providers, cable companies, and 
newspapers are able to differentiate their content geographically, but 
that no such option has existed for radio broadcasting. On April 2, 
2020, the Consumer and Governmental Affairs Bureau issued a

[[Page 26787]]

public notice seeking comment on the Petition. The Petition garnered 
significant public participation.
    3. The Commission released a notice of proposed rulemaking (NPRM) 
on December 1, 2020, FCC 20-166, to seek comment on the GBS proposal 
and published a Federal Register summary on January 11, 2021, 86 FR 
1909. The NPRM posed questions to determine whether--and if so, how--to 
change FM booster station rules to permit FM boosters to transmit 
original geo-targeted content. It asked whether booster program 
origination may result in self-interference that would be disruptive to 
listeners and whether there are alternatives to GBS's proposal. The 
NPRM also invited comment on whether to require programming originated 
by the FM booster station to be ``substantially similar'' to the 
primary station's programming, as GBS had proposed, and how to define 
that term. Additionally, the NPRM sought comment on the potential 
impact of GBS's proposal on primary station broadcasts, the Emergency 
Alert System (EAS), and digital HD Radio broadcasts. Finally, the NPRM 
asked commenters to address the potential public interest implications 
of geo-targeted content on localism, diversity, and competition in the 
media marketplace. GBS clarified in its comments that it was proposing 
that boosters be allowed to originate programming for up to three 
minutes per hour.
    4. After the comment period closed, the Commission granted GBS's 
request for experimental authority to conduct additional tests and 
required GBS to report the results. The reports contained detailed 
information about the technology's operation in two additional radio 
markets, its compatibility with the EAS, and potential impact on 
digital FM broadcasts. Because this information was not available to 
the public during the NPRM comment cycle, the Commission issued a 
public notice on April 18, 2022, DA 22-429, opening the record for 
additional comments.
    5. Discussion. The issues raised in this proceeding fall into three 
broad categories: (1) non-technical matters such as the advantages and 
disadvantages of program originating boosters from an economic and 
public interest perspective; (2) technical issues such as whether 
program originating boosters, if properly engineered, would cause 
harmful interference to their primary station or adjacent channel 
stations; and (3) administrative matters the Commission would need to 
address in order to authorize program originating boosters and respond 
to any resulting operational issues. The R&O resolves the first two 
categories by determining that program originating boosters limited to 
originating programming for three minutes per hour would serve the 
public interest and that concerns about the technology's impact on 
advertising revenue of other broadcasters and harmful interference are 
speculative. The R&O also concludes that properly engineered program 
originating boosters will not cause interference to the primary station 
or adjacent channel stations. Any interference concerns that arise in 
individual circumstances can be addressed by the Bureau through 
conditions imposed as part of the authorization process. Thus, the R&O, 
the Commission finds that it is in the public interest to allow FM and 
low power FM (LPFM) broadcasters to use FM booster stations to provide 
booster-originated content on a voluntary, limited basis, subject to 
certain restrictions described in the R&O, and further subject to the 
adoption of licensing, interference and service rules proposed in the 
concurrently adopted FNPRM that would be required to authorize 
broadcasters to originate programming on boosters on a permanent basis. 
The ability to originate content will enable broadcasters to serve 
specific geographic segments within their broadcast areas, could open 
up more affordable advertising to smaller and minority-owned 
businesses, and generally provide broadcasters and listeners options 
for more targeted and varied advertising and content.
    6. Non-technical Matters. In order to distinguish between a booster 
station used only to fill in gaps in service and a program originating 
FM booster station, the R&O adopts a new definition of program 
originating boosters. As suggested by GBS, the definition provides that 
program originating boosters may air no more than three minutes per 
hour of booster-originated content. Commenters, while focusing on the 
overall pros and cons of booster-originated content, did not raise any 
concern that a three minute per hour limitation is too long or too 
short. The Commission believes that three minutes per hour is 
sufficient to achieve the technology's goals, and provides the best 
balance between the desire to offer broadcasters the flexibility to 
originate content on boosters, and the need for safeguards to minimize 
the risks of interference as the Commission assesses the rollout of 
this new technology. Given adoption of this three-minute limit, the 
Commission finds it unnecessary to further limit the definition of a 
program originating booster as one airing programming that is 
``substantially similar'' to the main station's, as GBS had also 
proposed.
    7. In addition, the R&O determines that the potential public 
interest advantages of program originating boosters outweigh potential 
disadvantages. It finds that concerns about the impact of program 
originating boosters on advertising revenue of other broadcasters are 
not supported by the record. Commenters differ on whether program 
originating boosters would be beneficial or harmful to stations, 
advertisers, listeners, the radio industry, and the overall economy. 
There is general consensus among the commenters that the radio industry 
has experienced declining revenues over the past decade, and continues 
to lose advertising market share to other media sources. However, while 
supporters view program originating boosters as a solution capable of 
reversing that trend, opponents believe such booster use would 
exacerbate these financial challenges. The record reflects that the 
potential costs and benefits of program originating boosters on 
broadcast revenue will likely vary from station to station and market 
to market. Because the use of boosters would be voluntary for stations 
and potentially beneficial to listeners and consumers, the R&O finds 
that the public interest will be served by providing each individual 
radio licensee the opportunity to evaluate whether or not program 
originating booster use would be advantageous under its own unique 
circumstances.
    8. Commenters also differ in opinion on the potential impact of 
program originating boosters on advertising revenue. Supporting 
commenters state that program originating boosters can provide 
advertisers with better opportunities to direct messages to the 
listeners they want to reach, and may also provide listeners with 
content that is more relevant and engaging to their areas of interest. 
Opposing commenters, however, are concerned that targeted programming 
or advertising could result in intentional or inadvertent socio-
economic ``redlining,'' giving advertisers the means to reach more 
``desirable'' neighborhoods and to overlook others. Some argue that 
geo-targeting would make it easier for businesses to avoid advertising 
to minority and low-income communities. Other commenters dispute these 
arguments because their review of business and academic literature 
found no documented redlining by other types local media that can 
already offer geo-targeted content.
    9. The R&O finds that program originating boosters could further 
the

[[Page 26788]]

public interest by enabling radio stations to seek new sources of 
revenue while providing audiences with hyper-local content. Program 
originating boosters could enhance the competitiveness of the overall 
FM radio industry by expanding the range of advertising opportunities 
available in the relevant geographic areas. The R&O acknowledges the 
concern in the comments that program originating boosters could drive 
down advertising rates and thereby could negatively impact radio 
stations' revenue, but concludes that this concern does not justify 
rejecting the authorization of program originating boosters. Whether a 
broadcaster could recoup any lost revenues by selling more spots could 
vary from market to market and from station to station. It would be up 
to each broadcaster to weigh its own individual circumstances, market, 
and needs of its community of license to arrive at a voluntary decision 
of whether to use boosters for limited program origination. Although 
the Commission agrees with some comments that the cost of building and 
operating multiple boosters may be too significant for some 
broadcasters, it finds that, in many ways, this concern is not 
different than the decisions that broadcasters routinely make about 
investment in technologies. The R&O rejects as speculative the argument 
that stations that would otherwise not adopt program originating 
boosters will allegedly be forced to do so in order to compete with 
lower advertising rates offered by those stations in a market that have 
adopted the technology. The R&O concludes that this theoretical risk 
does not outweigh the potential public interest benefits of the 
technology. Although the Commission has considered the concern that 
some broadcasters and advertisers might have an economic motivation to 
use program originating boosters to the disadvantage of certain 
communities or geographic areas, the Commission believes that such an 
outcome would be unlikely, based on commenter research finding no 
documentation of such practices by other local media offering targeted 
advertising. With respect to concerns that GBS is a single vendor with 
a proprietary technology, the Commission states that it has no reason 
to conclude that providers of program originating booster technologies 
will have a relationship with a broadcast licensee that is materially 
different from any other technology vendor. Nonetheless, the Commission 
emphasizes that existing broadcast ownership rules will continue to 
apply to licensees, including those that use program originating 
boosters.
    10. Technical Matters/Interference Issues. With respect to 
technical issues, the Commission concludes that properly engineered 
program originating boosters will not cause objectionable co-channel 
interference to the primary station or adjacent channel interference to 
other stations. It further determines that such boosters, when properly 
engineered, are compatible with EAS and HD Radio.
    11. Co-Channel Self-Interference. The main interference concern in 
the record is whether program originating boosters will cause self-
interference to the primary station associated with the booster. Due to 
the fact that boosters operate on the same channel as the primary 
station and within the primary station's coverage area, there always is 
a risk of self-interference. Existing rules currently take this into 
account by permitting a booster to cause ``limited interference'' to 
its primary station provided it does not disrupt the existing service 
of its primary station or cause such interference within the boundaries 
of the principal community of its primary station. Because the purpose 
of programming originating boosters is to replace the signal of the 
primary station for limited periods, the R&O considers the extent to 
which self-interference is acceptable.
    12. GBS and supporting commenters argue that program originating 
boosters can be configured to ensure that any co-channel interference 
will be brief. They base this assertion on the tests that GBS 
conducted. They also note that broadcasters have a business incentive 
to avoid self-interference to the greatest extent possible.
    13. Opposing commenters reject these assertions, and are concerned 
that self-interference might diminish the audience experience and lead 
to listeners becoming frustrated, tuning away, and suspecting that 
their car radios are defective. These comments focus primarily on the 
methodology of the GBS tests, which they contend were optimized to 
avoid showing interference and inadequate by omitting critical 
scenarios. Even commenters that do not completely oppose the Petition 
urge the Commission to proceed cautiously and to require further 
testing.
    14. The R&O finds the test record has shown that properly 
engineered program originating boosters can be implemented without 
causing more than a limited amount of co-channel interference. The 
R&O's decision to limit program origination to three minutes per hour 
combined with the economic incentive broadcasters have to minimize 
self-interference will help to reduce any potential for harmful 
interference from a booster's airing of programming different from that 
of the primary station. The Commission amends Sec.  74.1203(c) to 
clarify that a booster's limited origination of programming does not 
cause interference into or disrupt the service of the primary station 
solely because it originates programming different from the primary 
station. The Commission also amends Sec.  74.1203(c) to eliminate the 
specific prohibition on interference within the primary station's 
principal community as applied to program originating boosters. The 
Commission believes a broadcaster's economic incentive to avoid self-
interference negates the ongoing need for this restriction as applied 
to program originating boosters. Retaining the restriction could impede 
the voluntary deployment of program originating boosters, and the 
corresponding public interest benefits, even in cases of a well-
engineered transition zone located within the primary station's 
principal community. However, the Commission retains the requirement 
that all boosters may provide only ``limited'' interference to 
emphasize the Commission's expectation that booster stations minimize 
their impact on their primary station wherever possible. The Commission 
will not hesitate to address non-compliance if poorly engineered 
program originating booster systems result in unduly large transition 
zones or otherwise cause excessive interference.
    15. Adjacent Channel Interference. The Commission finds that record 
does not contain any evidence that allowing boosters to originate 
programming increases their risk of generating adjacent channel 
interference. A limited number of commenters address adjacent channel 
interference. These commenters support the Commission's conclusion that 
program originating boosters will not cause harmful interference to 
first-adjacent or second adjacent channel stations.
    16. The R&O finds that existing rules provide adequate protection 
to ensure boosters do not cause adjacent channel interference. These 
rules include a requirement that booster station signals must be 
contained within the coverage area of the primary station; operate with 
a signal 6 dB less than the signal of a first-adjacent channel full-
service station; and be subject to a process for addressing any claims 
of actual interference. As an additional safeguard in this proceeding, 
however, the Commission adopts a notification requirement so that the 
Commission and interested parties are able to identify

[[Page 26789]]

which booster stations are originating content. This will allow the 
Commission to address more quickly any reports of interference or other 
issues that may arise through the introduction of program originating 
boosters.
    17. EAS Compatibility. Consistent with the Commission's findings 
about overall interference from program originating boosters, the R&O 
concludes these stations can be implemented without causing harmful 
interference to the EAS. GBS tests in two markets document successful 
reception of EAS tones from both the primary station and the program 
originating booster. Engineering consultants hired by supporting 
commenters and GBS state that program origination on boosters will have 
no effect on EAS because the signals and data contained within the EAS 
tones will override any booster-originated content before it is 
delivered to the booster.
    18. Opposing commenters, however, argue that the EAS tests were 
optimized and inadequate. Commenters also express concerns that 
individuals crossing an interference zone at a slow rate (which may be 
likely during an emergency situation when traffic would be heavier), 
could experience longer interruptions to emergency alerts.
    19. The R&O notes that no commenter presented definitive evidence 
that program originating boosters are incompatible with the EAS or any 
evidence that the booster's substitution of programming caused a dead 
zone unable to receive an emergency alert. To ensure that listeners to 
program originating boosters receive timely emergency alerts, the R&O 
requires program originating boosters to receive and broadcast all 
emergency alerts in the same manner as their primary station. While the 
Commission concludes that this requirement will ensure that EAS 
messages are passed through, it states that in light of the significant 
concerns that interested parties have expressed about the EAS, and the 
importance of the EAS to public safety, the Commission will carefully 
monitor the implementation of program originating boosters and may 
revisit this issue if it receives reports of interference to EAS tests 
and alerts.
    20. Impact On HD Radio. Consistent with findings about self-
interference and EAS compatibility, the R&O concludes that it is 
possible for program originating boosters to minimize disruption to HD 
Radio. GBS, based on tests at one station airing HD Radio, reports that 
boosters can originate programming without material degradation of the 
listener's experience, when deployed with optimal system design and 
successful synchronization. Xperi, the developer of HD Radio, while 
having some reservations about the impact on HD due to GBS's limited 
testing, concludes that the listener experience was ``generally good'' 
when characterized by well-designed booster antennas to diminish 
transition zone size, and absent synchronization issues. Independent 
engineers specializing in HD Radio agree that when professionally 
designed and deployed with successful synchronization, the technology 
causes ``no appreciable degradation'' to HD Radio signals.
    21. Yet, a number of commenters raise concerns that the impact of 
program originating boosters on digital radio has not been sufficiently 
examined because the one digital station used for GBS testing was 
protected by terrain obstructions, and because the test failed to 
assess HD3 and HD4 subchannels. Commenters also argue that program 
originating boosters could cause significant disruption to HD Radio in 
transition regions between the booster and primary signals, causing 
listener dissatisfaction. Xperi also asserts that its own testing 
confirmed signal degradation in transition zones due to frequent 
switching between main and zone audio programs, and loss of both 
physical and digital synchronization, resulting in audio outages. 
Commenters therefore request further testing and propose potential 
scenarios that have not yet been tested.
    22. The Commission concludes that program originating boosters can 
be designed to minimize interference to or disruption of HD Radio 
signals. The R&O finds it significant that Xperi, the developer of HD 
Radio, has not opposed the adoption of program originating boosters 
even though it has a strong incentive to prevent interference to 
digital operations. The Commission also based its conclusion on its 
determination that the only potential interference concern of any 
significance from program originating boosters is co-channel 
interference from the booster to the primary station. Broadcasters that 
find they are unable to engineer boosters to avoid co-channel 
interference to their HD Radio operations can opt not to implement 
those boosters. The definition of program originating boosters adopted 
in the R&O, which limits program origination to three minutes per hour, 
further reduces the risk of widespread interference to HD Radio 
broadcasts. Nonetheless, the Commission recognizes commenter assertions 
that testing to date has not examined many typical digital radio 
implementations. If the Commission receives reports of significant 
disruption to digital broadcasts, it may revisit this issue.
    23. Since current use of boosters is a response to weak signals 
caused by terrain, few stations now use multiple boosters. The new 
ability to originate programming over boosters has the potential to 
significantly increase the use of booster stations. Accordingly, in the 
FNPRM, the Commission seeks comment on a program originating booster 
cap or other measures, and whether they will be necessary to ensure 
compliance with the Local Community Radio Act of 2010 (LCRA), and its 
license availability requirements regarding FM translator stations, 
LPFM stations, and FM booster stations. During the interim when the 
Commission is considering these matters proposed in the FNPRM, it will 
limit to 25 the number of program originating boosters licensed to each 
full-service FM station.
    24. Part 5 Authorizations. As of the effective date of the R&O and 
until the effective date of final service rules based on the proposals 
in the FNPRM, a licensed FM station may originate programming on a 
booster under a one-year, renewable experimental authorization obtained 
pursuant to 47 CFR part 5. The Commission views experimental use of 
program-originating boosters as an appropriate mechanism during the 
pendency of the FNPRM because it allows the FCC to closely monitor the 
rollout of the technology. In the FNPRM, the Commission seeks comment 
on the proposed processing, licensing, and service rules required to 
authorize broadcasters to originate programming on boosters on a 
permanent basis.
    25. Correction of Spelling Error. The Commission also corrects an 
error in the spelling of the word ``radial'' in 47 CFR 74.1235.

Procedural Matters

Final Regulatory Flexibility Analysis

    26. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the Amendment of Section 74.1231(i) of the Commission's 
Rules on FM Broadcast Booster Stations, Notice of Proposed Rulemaking 
(NPRM), released in December 2020 (86 FR 1909, January 11, 2021). The 
Federal Communications Commission (Commission) sought written public 
comment on the proposals in the NPRM, including comment on the IRFA. No 
comments were filed addressing the IRFA. The Final Regulatory 
Flexibility Analysis

[[Page 26790]]

(FRFA) conforms to the RFA. See 5 U.S.C. 604.

A. Need For, and Objectives of, the Report and Order

    27. In the Report and Order, the Commission finds that it is in the 
public interest to allow FM and low power FM (LPFM) broadcasters to use 
FM booster stations to provide booster-originated content on a 
voluntary, limited basis, subject to certain restrictions described in 
the Report and Order, and further subject to the adoption of licensing, 
interference and service rules for origination of content on boosters 
as proposed in the concurrently adopted FNPRM. In order to distinguish 
between a fill-in station and a Program Originating FM booster station, 
the Report and Order adopts a new definition of program originating 
boosters. The ability to originate content will enable broadcasters to 
serve geographic segments of their broadcast areas, could open up more 
affordable advertising to smaller and minority-owned businesses, and 
will generally provide broadcasters and listeners options for more 
targeted and varied advertising and content that FM stations are not 
able to provide today.
    28. The issues raised in this proceeding fall into three broad 
categories: (1) non-technical matters such as the advantages and 
disadvantages of program originating boosters from an economic and 
public interest perspective; (2) technical issues such as whether 
program originating boosters, if properly engineered, would cause 
harmful interference to their primary station or adjacent channel 
stations; and (3) administrative matters the Commission would need to 
address in order to authorize program originating boosters and respond 
to any resulting operational issues. The Report and Order resolves the 
first category by adopting a rule that determines program originating 
boosters limited to originating programming for three minutes per hour 
would serve the public interest. In addition, the Report and Order 
determines concerns about the technology's impact on advertising 
revenue of other broadcasters and harmful interference are not 
supported by the record. It also addresses the second category about 
interference by concluding that properly engineered program originating 
boosters will not cause interference to the primary station or adjacent 
channel stations. The Report and Order also requires that program 
originating boosters receive and broadcast all emergency alerts in the 
same manner as their primary station. While stations will not be 
permitted to install or operate program originating boosters pursuant 
to these rules until we adopt final service rules in response to the 
FNPRM and such rules have been reviewed by the Office of Management and 
Budget, the Commission provides that pending adoption and OMB review of 
such rules, stations can pursue experimental authorizations for 
installation and use of program originating boosters pursuant to part 5 
of our rules. In the FNPRM, the Commission seeks comment on the 
proposed processing, licensing, and service rules required to authorize 
broadcasters to originate programming on boosters on a permanent basis.

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

    29. Parties that filed comments did not specifically reference the 
IRFA in their comments. Some commenters, however, expressed concern 
about increased costs, such as the cost of building and operating 
multiple boosters, particularly for smaller broadcasters, and the 
initial outlay to cover infrastructure and maintenance expenses, and 
additional expenses to hire and train staff, and purchase content 
management systems to feed secondary programming to the boosters. In 
addition, commenters claim the GeoBroadcast Solutions (GBS) proprietary 
technology could ultimately lead to unfavorable rates for small 
entities that are late adopters of the technology. These and other 
concerns are discussed in section F of this FRFA.

C. Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    30. 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. 5 U.S.C. 604(a)(3). 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

    31. The RFA directs the agencies to provide a description of and, 
where feasible, an estimate of the number of small entities that may be 
affected by the rules adopted herein. 5 U.S.C. 604(a)(4). The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
government jurisdiction.'' Id. 601(6). In addition, the term ``small 
business'' has the same meaning as the term ``small business concern'' 
under the Small Business Act. Id. 601(3). A small business concern is 
one which: (1) is independently owned and operated; (2) is not dominant 
in its field of operation; and (3) satisfies any additional criteria 
established by the SBA. 15 U.S.C. 632.
    32. Radio Stations. This industry is comprised of ``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 small business 
size standard for this industry classifies firms having $41.5 million 
or less in annual receipts as small. 13 CFR 121.201. U.S. Census Bureau 
data for 2017 show that 2,963 firms operated in this industry during 
that year. Of this number, 1,879 firms operated with revenue of less 
than $25 million per year. Id. Based on this data and the SBA's small 
business size standard, we estimate a majority of such entities are 
small entities.
    33. The Commission estimates that as of September 30, 2023, there 
were 4,452 licensed commercial AM radio stations and 6,670 licensed 
commercial FM radio stations, for a combined total of 11,122 commercial 
radio stations. Of this total, 11,120 stations (or 99.98%) had revenues 
of $41.5 million or less in 2022, according to Commission staff review 
of the BIA Kelsey Inc. Media Access Pro Database (BIA) on October 4, 
2023, and therefore these licensees qualify as small entities under the 
SBA definition. In addition, the Commission estimates that as of 
September 30, 2023, there were 4,263 licensed noncommercial (NCE) FM 
radio stations, 1,978 low power FM (LPFM) stations, and 8,928 FM 
translators and boosters. The Commission however does not compile, and 
otherwise does not have access to financial information for these radio 
stations that would permit it to determine how many of these stations 
qualify as small entities under the SBA small business size standard. 
Nevertheless, given the SBA's large annual receipts threshold for this 
industry and the nature of radio station licensees, we presume that all 
of these entities qualify as small entities under the SBA small 
business size standard.
    34. We note, however, that in assessing whether a business concern 
qualifies as ``small'' under the above definition, business (control) 
affiliations must be included. Our estimate, therefore, likely 
overstates the number of small entities that might be affected

[[Page 26791]]

by our action, because the revenue figure on which it is based does not 
include or aggregate revenues from affiliated companies. In addition, 
another element of the definition of ``small business'' requires that 
an entity not be dominant in its field of operation. We are unable at 
this time to define or quantify the criteria that would establish 
whether a specific radio or television broadcast station is dominant in 
its field of operation. Accordingly, the estimate of small businesses 
to which the rules may apply does not exclude any radio or television 
station from the definition of a small business on this basis and is 
therefore possibly over-inclusive. An additional element of the 
definition of ``small business'' is that the entity must be 
independently owned and operated. Because it is difficult to assess 
these criteria in the context of media entities, the estimate of small 
businesses to which the rules may apply does not exclude any radio or 
television station from the definition of a small business on this 
basis and similarly may be over-inclusive.

E. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    35. The Report and Order adopts rules requiring compatibility 
between program originating boosters and the Emergency Alert System 
(EAS) as well as rules limiting program origination to three minutes 
per hour. Stations that wish to originate programming on a booster 
station may request experimental authorization pursuant to Sec.  5.203 
of the Commission's rules, which would require an application 
describing the nature, purpose, and duration of the experimental 
authorization, and require the station to file any supplemental reports 
that flow from this authorization. The Commission's Media Bureau is 
required to provide expedited treatment for any such requests. As 
discussed previously, the use of program originating boosters will be 
voluntary. To the extent that broadcasters choose to use boosters in 
this way, they will be required to follow the rules adopted in the 
Report and Order. We also note the Commission concurrently adopted an 
FNPRM in this proceeding, which proposes modified reporting 
requirements for FM booster stations.

F. Steps Taken To Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    36. The RFA requires an agency to provide, ``a description of the 
steps the agency has taken to minimize the significant economic impact 
on small entities . . . including a statement of the factual, policy, 
and legal reasons for selecting the alternative adopted in the final 
rule and why each one of the other significant alternatives to the rule 
considered by the agency which affect the impact on small entities was 
rejected.'' 5 U.S.C. 604(a)(6). In the Report and Order, the Commission 
adopted measures authorizing program originating boosters to benefit 
the public by providing broadcasters and listeners with increased 
options for more targeted and varied advertising and content that many 
stations are not able to currently provide. We sought to weigh the 
impact of these measures on small entities against the public interest 
benefits gained from them and have determined that the benefits 
outweigh the costs. Commenters have asserted that while booster use 
causes advertising revenues to increase, the gains may be offset by 
increased costs. Other commenters claim purchasing program originating 
boosters will necessitate additional expenses, such as purchasing 
additional content management systems to feed the secondary programming 
to the boosters, new sales software to handle sub-areas, and hiring and 
retraining staff. In contrast, supporters of FM geotargeting claim the 
technology will enable small and minority-owned broadcasters to become 
more competitive by attracting new advertisers and listeners, and offer 
targeted advertisements relevant to the local community.
    37. Commenters also raised concerns about the potential of GBS' 
proprietary technology to create unfavorable rates for small entities 
who are late adopters. However, we do not require broadcasters to use 
the GBS system. Other, more economical solutions that are in compliance 
with our interference rules may be viable options for broadcasters. 
Lastly, we considered concerns regarding the potential impact of 
program originating boosters on minority and female broadcasters, 
however, the record does not provide clear evidence concerning the 
potential impact to these entities. While we acknowledge and have 
considered these concerns, we have determined that the public interest 
benefits of localism, diversity, and competition obtained by the 
adopted rules outweigh those potential risks.

G. Report to Congress

    38. The Commission will send a copy of the Report and Order, 
including the FRFA, in a report to Congress pursuant to the 
Congressional Review Act, 5 U.S.C. 801(a)(1)(A). In addition, the 
Commission will send a copy of the Report and Order, including the 
FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the 
Report and Order and FRFA (or summaries thereof) will also be published 
in the Federal Register. Id. 604(b).
    39. Paperwork Reduction Act Analysis. 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 burdens 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).
    40. Congressional Review Act. The Commission has determined, and 
the Administrator of the Office of Information and Regulatory Affairs, 
Office of Management and Budget, concurs that these rules are ``non-
major'' under the Congressional Review Act, 5 U.S.C. 804(2). The 
Commission will send a copy of the Report and Order to Congress and the 
Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).

Ordering Clauses

    41. Accordingly, it is ordered that pursuant to the authority 
contained in sections 1, 2, 4(i), 7, 301, 302, 303, 307, 308, 309, 316, 
319, and 324 of the Communications Act of 1934, 47 U.S.C. 151, 154, 
157, 301, 302, 303, 307, 308, 309, 316, 319, and 324, the Report and 
Order is adopted.
    42. It is further ordered that the Report and Order and the 
amendments to the Commission's rules set forth in Appendix B of the 
Report and Order shall be effective 30 days after publication of a 
summary in the Federal Register.
    43. It is further ordered that the Commission's Office of the 
Secretary, Reference Information Center, shall send a copy of the 
Report and Order and Further Notice of Proposed Rulemaking, including 
the Final and Initial Regulatory Flexibility Analysis, to the Chief 
Counsel for Advocacy of the Small Business Administration, and shall 
cause it to be published in the Federal Register.
    44. It is further ordered that Office of the Managing Director, 
Performance Program Management, shall send a copy of the Report and 
Order and Further Notice of Proposed Rulemaking in a report to be sent 
to Congress and the Government Accountability Office pursuant to the 
Congressional Review Act, 5 U.S.C. 801(a)(1)(A).

[[Page 26792]]

List of Subjects

47 CFR Part 11

    Radio.

47 CFR Part 73

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

47 CFR Part 74

    Communications equipment, Radio, Reporting and recordkeeping 
requirements, Research.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR parts 11, 73, and 74 as 
follows:

PART 11--EMERGENCY ALERT SYSTEM (EAS)

0
1. The authority citation for part 11 continues to read as follows:

    Authority:  47 U.S.C. 151, 154(i) and (o), 303(r), 544(g), 606, 
1201, 1206.

0
2. Amend Sec.  11.11 by revising paragraph (a) introductory text, table 
1 to paragraph (a), and paragraph (b) to read as follows:


Sec.  11.11  The Emergency Alert System (EAS).

    (a) The EAS is composed of analog radio broadcast stations 
including AM, FM, Low-power FM (LPFM), and program originating FM 
booster stations; digital audio broadcasting (DAB) stations, including 
digital AM, FM, LPFM, and program originating FM booster stations; 
Class A television (CA) and Low-power TV (LPTV) stations; digital 
television (DTV) broadcast stations, including digital CA and digital 
LPTV stations; analog cable systems; digital cable systems which are 
defined for purposes of this part only as the portion of a cable system 
that delivers channels in digital format to subscribers at the input of 
a Unidirectional Digital Cable Product or other navigation device; 
wireline video systems; wireless cable systems which may consist of 
Broadband Radio Service (BRS), or Educational Broadband Service (EBS) 
stations; DBS services, as defined in Sec.  25.701(a) of this chapter 
(including certain Ku-band Fixed-Satellite Service Direct to Home 
providers); and SDARS, as defined in Sec.  25.201 of this chapter. 
These entities are referred to collectively as EAS Participants in this 
part, and are subject to this part, except as otherwise provided in 
this section. At a minimum EAS Participants must use a common EAS 
protocol, as defined in Sec.  11.31, to send and receive emergency 
alerts, and comply with the requirements set forth in Sec.  11.56, in 
accordance with the following tables:

                            Table 1 to Paragraph (a)--Analog and Digital Broadcast Station Equipment Deployment Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          Analog &
                                      AM & FM &     Digital AM & FM      Analog &      digital LPFM &                       Analog &
    EAS equipment requirement          program         & program        digital FM        program            DTV        digital class A      Analog &
                                    originating FM   originating FM      class D       originating FM                          TV          digital LPTV
                                   booster station  booster station                   booster station
--------------------------------------------------------------------------------------------------------------------------------------------------------
EAS Decoder \1\..................               Y                Y                Y                Y                Y                Y                Y
EAS Encoder......................               Y                Y                N                N                Y                Y                N
Audio message....................               Y                Y                Y                Y                Y                Y                Y
Video message....................             N/A              N/A              N/A              N/A                Y                Y                Y
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ EAS Participants may comply with the obligations set forth in Sec.   11.56 to decode and convert CAP-formatted messages into EAS Protocol-compliant
  messages by deploying an Intermediary Device, as specified in Sec.   11.56(b).

* * * * *
    (b) Analog class D non-commercial educational FM stations as 
defined in Sec.  73.506 of this chapter, digital class D non-commercial 
educational FM stations, analog LPFM stations as defined in Sec. Sec.  
73.811 and 73.853 of this chapter, digital LPFM stations, analog LPTV 
stations as defined in Sec.  74.701(f), and digital LPTV stations as 
defined in Sec.  74.701(k) of this chapter are not required to comply 
with Sec.  11.32. Analog and digital LPTV stations that operate as 
television broadcast translator stations, as defined in Sec.  74.701(b) 
of this chapter, are not required to comply with the requirements of 
this part. FM broadcast booster stations as defined in Sec.  
74.1201(f)(1) of this chapter and FM translator stations as defined in 
Sec.  74.1201(a) of this chapter which entirely rebroadcast the 
programming of other local FM broadcast stations are not required to 
comply with the requirements of this part. Program originating FM 
booster stations as defined in Sec.  74.1201(f)(2) of this chapter must 
comply with the requirements of this part as set forth in table 1 to 
paragraph (a) of this section. International broadcast stations as 
defined in Sec.  73.701 of this chapter are not required to comply with 
the requirements of this part. Analog and digital broadcast stations 
that operate as satellites or repeaters of a hub station (or common 
studio or control point if there is no hub station) and rebroadcast 100 
percent of the programming of the hub station (or common studio or 
control point) may satisfy the requirements of this part through the 
use of a single set of EAS equipment at the hub station (or common 
studio or control point) which complies with Sec. Sec.  11.32 and 
11.33.
* * * * *

PART 73--RADIO BROADCAST SERVICES

0
3. 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
4. Amend Sec.  73.860 by:
0
a. Removing the word ``and'' at the end of paragraph (b)(3);
0
b. Removing the period at the end of paragraph (b)(4) and adding ``; 
and'' in its place; and
0
c. Adding paragraph (b)(5).
    The addition reads as follows:


Sec.  73.860   Cross-ownership.

* * * * *
    (b) * * *
    (5) Booster stations commonly owned by LPFM stations may conduct 
transmissions independent of those broadcast by the primary LPFM 
station for a period not to exceed three minutes of each broadcast 
hour. This is a strict hourly limit that may not be exceeded by 
aggregating unused minutes of program origination.
* * * * *

[[Page 26793]]

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

0
5. The authority citation for part 74 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303, 307, 309, 310, 325, 336 
and 554.


0
6. Amend Sec.  74.1201 by revising paragraph (f) to read as follows:


Sec.  74.1201   Definitions.

* * * * *
    (f) FM broadcast booster station--(1) In general. A station in the 
broadcasting service operated for the sole purpose of retransmitting 
the signals of an FM radio broadcast station, by amplifying and 
reradiating such signals, without significantly altering any 
characteristic of the incoming signal other than its amplitude. Unless 
specified otherwise, an FM broadcast booster station includes LPFM 
boosters as defined in paragraph (l) of this section.
    (2) Program originating FM booster station. An FM broadcast booster 
station that retransmits the signals of an FM radio broadcast station 
or a low-power FM broadcast station, and that may replace the content 
of the incoming signal by originating programming for a period not to 
exceed three minutes of each broadcast hour. This is a strict hourly 
limit that may not be exceeded by aggregating unused minutes of program 
origination. A program originating FM booster station is subject to the 
same technical and interference protection requirements as are all FM 
broadcast booster stations, including but not limited to those set 
forth in Sec. Sec.  74.1203 through 74.1262.
* * * * *

0
7. Amend Sec.  74.1203 by revising paragraph (c) to read as follows:


Sec.  74.1203   Interference.

* * * * *
    (c) An FM broadcast booster station will be exempted from the 
provisions of paragraphs (a) and (b) of this section to the extent that 
it may cause limited interference to its primary station's signal, 
provided it does not disrupt the existing service of its primary 
station or cause such interference within the boundaries of the 
principal community of its primary station. A program originating FM 
booster station will be exempted from the provisions of paragraphs (a) 
and (b) to the extent that it may cause limited interference to its 
primary station's signal. A properly synchronized program originating 
FM booster station transmitting programming different than that 
broadcast by the primary station, subject to the limits set forth in 
Sec.  74.1201(f)(2), is not considered to cause interference to its 
primary station solely because such originated programming differs from 
that transmitted by the primary station.
* * * * *

0
8. Amend Sec.  74.1231 by:
0
a. Revising paragraph (i);
0
b. Removing the note following paragraph (i); and
0
c. Adding paragraph (j).
    The addition reads as follows:


Sec.  74.1231   Purpose and permissible service.

* * * * *
    (i) FM broadcast booster stations provide a means whereby the 
licensee of an FM broadcast station may provide service to areas in any 
region within the primary station's predicted authorized service 
contour. An FM broadcast booster station is authorized to retransmit 
only the signals of its primary station which have been received 
directly through space and suitably amplified, or received by 
alternative signal delivery means including, but not limited to, 
satellite and terrestrial microwave facilities. The FM booster station 
shall not retransmit the signals of any other station nor make 
independent transmissions except as set forth in Sec.  74.1201(f)(2), 
and except that locally generated signals may be used to excite the 
booster apparatus for the purpose of conducting tests and measurements 
essential to the proper installation and maintenance of the apparatus.
    (j) In the case of an FM broadcast station authorized with 
facilities in excess of those specified by Sec.  73.211 of this 
chapter, an FM booster station will only be authorized within the 
protected contour of the class of station being rebroadcast as 
predicted on the basis of the maximum powers and heights set forth in 
that section for the applicable class of FM broadcast station 
concerned.

0
9. Amend Sec.  74.1232 by revising paragraph (f) to read as follows:


Sec.  74.1232   Eligibility and licensing requirements.

* * * * *
    (f) An FM broadcast booster station will be authorized only to the 
licensee or permittee of the FM radio broadcast station whose signals 
the booster station will retransmit, to serve areas within the 
protected contour of the primary station, subject to Sec.  74.1231(j).
* * * * *

0
10. Amend Sec.  74.1235 by revising paragraph (b) introductory text to 
read as follows:


Sec.  74.1235   Power limitations and antenna systems.

* * * * *
    (b) An application for an FM translator station, other than one for 
fill-in service which is covered in paragraph (a) of this section, will 
not be accepted for filing if it specifies an effective radiated power 
(ERP) which exceeds the maximum ERP (MERP) value determined in 
accordance with this paragraph (b). The antenna height above average 
terrain (HAAT) shall be determined in accordance with Sec.  73.313(d) 
of this chapter for each of 12 distinct radials, with each radial 
spaced 30 degrees apart and with the bearing of the first radial 
bearing true north. Each radial HAAT value shall be rounded to the 
nearest meter. For each of the 12 radial directions, the MERP is the 
value corresponding to the calculated HAAT in the following tables that 
is appropriate for the location of the translator. For an application 
specifying a nondirectional transmitting antenna, the specified ERP 
must not exceed the smallest of the 12 MERP's. For an application 
specifying a directional transmitting antenna, the ERP in each 
azimuthal direction must not exceed the MERP for the closest of the 12 
radial directions.
* * * * *

[FR Doc. 2024-07910 Filed 4-15-24; 8:45 am]
BILLING CODE 6712-01-P