Program Originating FM Broadcast Booster Stations, 26847-26855 [2024-07911]
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Federal Register / Vol. 89, No. 74 / Tuesday, April 16, 2024 / Proposed Rules
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 73 and 74
[MB Docket No. 20–401, FCC 24–35; FR ID
213399]
Program Originating FM Broadcast
Booster Stations
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission or FCC) seeks comment on
revising Commission rules to establish
processing, licensing, and service rules
that will enable full power FM and low
power FM (LPFM) broadcast stations to
originate programming using FM
booster stations. In a concurrently
adopted Report and Order (R&O),
published elsewhere in this issue of the
Federal Register, the Commission found
that it would be in the public interest to
provide broadcasters flexibility to use
program originating boosters, subject to
certain safeguards needed to address
concerns raised in the record. This
further notice of proposed rulemaking
(FNPRM) seeks comment on the details
of implementing these safeguards and
on a number of proposed rule changes.
DATES: Comments due on or before May
16, 2024; reply comments due on or
before June 17, 2024.
ADDRESSES: Pursuant to §§ 1.415 and
1.419 of the Commission’s rules, 47 CFR
1.415, 1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments may
be filed using the Commission’s
Electronic Comment Filing System
(ECFS). See Electronic Filing of
Documents in Rulemaking Proceedings,
63 FR 24121 (1998). You may submit
comments, identified by MB Docket No.
20–401, FCC 24–35, by any of the
following methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://
apps.fcc.gov/ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
• Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
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SUMMARY:
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Junction Drive, Annapolis Junction, MD
20701.
• U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
• Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, DA 20–304 (March 19, 2020).
https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy.
• People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (TTY).
FOR FURTHER INFORMATION CONTACT:
Albert Shuldiner, Chief, Media Bureau,
Audio Division, (202) 418–2721,
Albert.Shuldiner@fcc.gov; Irene
Bleiweiss, Attorney, Media Bureau,
Audio Division, (202) 418–2785,
Irene.Bleiweiss@fcc.gov. For additional
information concerning the Paperwork
Reduction Act (PRA) information
collection requirements contained in
this document, contact Cathy Williams
at (202) 418–2918, Cathy.Williams@
fcc.gov.
This is a
summary of the Commission’s FNPRM,
FCC 24–35, adopted March 27, 2024 and
released April 2, 2024. The full text of
this document is available by
downloading the text from the
Commission’s website at: https://
docs.fcc.gov/public/attachments/FCC24-35A1.pdf.
Paperwork Reduction Act of 1995
Analysis: This document proposes new
or modified information collection
requirements. The Commission, as part
of its continuing effort to reduce
paperwork burdens and pursuant to the
Paperwork Reduction Act of 1995,
Public Law 104–13, invites the general
public and the Office of Management
and Budget (OMB) to comment on these
information collection requirements. In
addition, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4), the Commission seeks
specific comment on how it might
further reduce the information
SUPPLEMENTARY INFORMATION:
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collection burden for small business
concerns with fewer than 25 employees.
Providing Accountability Through
Transparency Act: Consistent with the
Providing Accountability Through
Transparency Act, Public Law 118–9, a
summary of this document will be
available on: https://www.fcc.gov/
proposed-rulemakings.
Synopsis
Background
1. In a notice of proposed rulemaking
(NPRM) adopted on December 1, 2020,
and published on January 11, 2021, at
86 FR 1909, the Commission sought
public comment on a proposal by
GeoBroadcast Solutions, LLC (GBS) to
allow a new use for FM booster stations.
FM boosters are low power, secondary
stations that operate in the FM
broadcast band. 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. GBS
developed technology designed to allow
licensees of primary FM and LPFM
broadcast stations to geographically
target a portion of their programming by
using FM boosters to originate different
content for different parts of their
service areas. Stations might, for
example, use the technology to air
hyper-local news and weather reports
most relevant to a particular
community. Stations also might air
advertisements or underwriting
acknowledgements from businesses that
wish or can only afford to focus their
reach on small geographic areas, thereby
enhancing the stations’ ability to
compete for local support. Such
program origination over boosters
cannot be accomplished on a permanent
basis under existing rules.
2. Upon consideration of comments
both supporting and opposing the GBS
proposal, the Commission concluded
that program originating boosters would
serve the public interest if properly
engineered and subject to various
safeguards. In the concurrently adopted
R&O, the Commission authorizes
program originating boosters in the near
term under part 5 of the rules (47 CFR
5.1 to 5.602), which pertains to
experimental use of new technologies.
FM and LPFM broadcasters will have
the flexibility to use FM boosters to
originate geographically targeted
programming on a voluntary basis for
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up to three minutes per hour. However,
the R&O notes that permanent use of
program originating boosters cannot
commence until the Commission adopts
additional rule changes and establishes
details for implementing safeguards to
address concerns raised in the record.
Accordingly, the Commission has
adopted the FNPRM, which proposes
and seeks comments on such rule
changes and asks additional related
questions.
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Program Origination Notification
3. To address concerns in the
comments about the potential impact of
program originating boosters on existing
FM service, the R&O concludes that it
is imperative for the Commission to
adopt a notification requirement for
program originating boosters. This
would enable the Media Bureau to keep
track of which stations are using
boosters to originate content and to
respond to any complaints that may
arise. The FNPRM proposes to require
broadcasters originating programming
on a booster to file a notification 15 days
prior to commencing origination. The
proposed rule would also require
broadcasters that permanently
discontinue originating programming on
a booster to file a notification within 30
days after termination. The Commission
seeks comment on this proposal and the
proposed text of 47 CFR 74.1206 set out
in appendix C of the FNPRM. Would the
information collected in the proposed
FM Booster Notification constitute ‘‘data
assets’’ for purposes of the OPEN
Government Data Act, Public Law 115–
435 (2019)? If so, would the collected
information constitute ‘‘public data
assets’’ as defined in 44 U.S.C. 3502
(22)? Is there any reason the
Commission should not make such
information publicly available?
Section 74.1204(f)
4. Section 74.1204(f) of the rules (47
CFR 74.1204(f)) addresses claims of
predicted interference outside a
protected station’s contour when a
translator station construction permit
application is pending. Unlike the
actual interference rule in § 74.1203,
which addresses both translator and
booster stations, the predicted
interference rule in § 74.1204(f)
addresses only translator stations. The
FNPRM seeks comment on whether to
modify § 74.1204(f) to include a
mechanism to address predicted
interference while booster construction
permit applications remain pending.
The Commission believes this will help
ensure that broadcasters do not invest in
developing booster stations that will
cause interference that must be resolved
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under § 74.1203 once the booster
commences broadcasts. It also proposes
to apply this new mechanism to any
booster applications that are pending at
the time the modifications to § 74.1204
are adopted. The Commission seeks
comment on these proposals.
Synchronization
5. The FNPRM seeks comment on
whether the Commission should adopt
a requirement that broadcasters
synchronize their primary station and
booster signals to reduce and eliminate
self-interference. GBS’s engineering
consultant emphasized in the comments
that synchronization is critical to
successful booster implementation. One
commenter, Anderson, emphasizes the
importance for any booster system, but
particularly those in a program
originating system, to be synchronized
in carrier frequency, pilot phase, and
audio frames for analog FM. In the R&O,
the Commission concluded that
broadcasters have strong economic
incentives to avoid self-interference to
their primary station’s signal. In light of
that conclusion, it believes broadcasters
deploying program originating boosters
will employ a technology that uses
synchronization. Is there any need to
adopt a separate synchronization
requirement as an additional safeguard?
If the Commission were to adopt a
synchronization requirement, what level
of synchronization would be
appropriate? Should the Commission
adopt any standards with regard to
synchronizing any or all of the elements
discussed by Anderson? Would stations
require new or specialized equipment to
maintain proper synchronization or is
that a routine part of existing booster
station operations? Do station signals
change enough to require constant
monitoring and recalibration and if so,
how does this affect our ability to
develop and apply a standard? Or
would a synchronization requirement
impose an unnecessary burden on
booster station operations? The
Commission seeks comment on these
questions.
Notification to Emergency Alert System
(EAS) Participants
6. The R&O requires program
originating boosters to receive and
broadcast all emergency alerts in the
same manner as their primary station,
and codifies this requirement by
amending 47 CFR 11.11 to explicitly
make all EAS requirements that are
applicable to full-service AM and FM
stations and LPFM stations equally
applicable to program originating FM
boosters. In its comments, the Federal
Emergency Management Agency
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(FEMA) recommended a requirement
that FM primary stations implementing
program originating boosters must
notify all EAS participants monitoring
that primary station of the booster’s
program origination. The Commission
seeks comment on this proposal. Does
the Commission’s proposal to require all
program originating boosters to
broadcast emergency alerts negate the
need for this FEMA proposal?
7. As stated in the R&O, the
Commission believes its requirement
that program originating boosters
broadcast all emergency alerts will
ensure no disruptions to the EAS, but
the Commission will monitor the rollout
of program originating boosters to
ensure they do not cause interruptions
to the EAS. Should the Commission
adopt any requirement for broadcasters
using program originating boosters to
report EAS-related problems or
interference to the Commission? What
would be the best means for
broadcasters to provide this information
to the Commission? Should it require
that licensees also submit this
information to FEMA?
Part 74 Licensing Issues
8. The Commission proposes to clarify
certain operational issues for program
originating boosters. The FNPRM
proposes to reorganize and clarify 47
CFR 74.1231 by changing the current
Note to a new paragraph (j), which
clarifies grandfathered superpowered
FM stations will be able to implement
booster stations only within the
standard (i.e., non-superpowered)
maximum contour for their class of
station. We believe this helps to
minimize interference risks by further
isolating program originating boosters
from adjacent FM broadcast stations.
Also, the FNPRM proposes to add a new
paragraph (k) that requires booster
stations to suspend operations any time
their primary stations are not
broadcasting and to file notices of
suspended operations pursuant to
§ 73.1740 of the rules (47 CFR 73.1740).
This change codifies more explicitly
existing requirements. Finally, the
Commission proposes to modify 47 CFR
74.1232 to clarify that a booster station
may not broadcast programming that is
not permitted by its FM primary
station’s authorization. This will ensure
that program originating boosters are not
used in a manner that is inconsistent
with the primary station. The
Commission seeks comment on the
proposed rule changes. The FNPRM also
takes this opportunity to remind
broadcasters that licensees of
noncommercial FM stations may not use
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booster stations for commercial
broadcasts.
Cap on Program Originating FM
Boosters and Other LCRA Issues
9. The FNPRM proposes to amend 47
CFR 74.1232(g) to limit full-service FM
stations to 25 program originating
booster stations. This cap on the number
of program originating FM booster
stations would represent a change from
the current rule, which imposes no
numerical limit on FM booster stations.
The Commission is bound by Section 5
of the Local Community Radio Act of
2010, Public Law 111–371 (LCRA), to
ensure when licensing new FM booster
stations that ‘‘licenses are available’’ to
FM translators and LPFM stations. The
ability of other secondary service
applicants to locate within an existing
full-service FM station’s service contour
is ordinarily constrained by the fullservice FM primary station itself.
Despite this, the Commission does not
yet know the extent of demand for
program originating FM booster stations,
nor the impact that potentially large
numbers of such stations in a market
could have on spectrum availability on
adjacent channels where new FM
translators and LPFM stations might
conceivably wish to locate. Accordingly,
it concludes in the R&O that a limit on
the number of program originating
boosters a station can operate may be
needed to ensure that an increase in
booster stations resulting from the
decision to authorize program
originating boosters is consistent with
the LCRA.
10. The R&O notes that some
commenters have expressed concern
about the effect of additional boosters
on the FM noise floor. Would a program
originating FM booster cap address such
concerns? The Commission tentatively
concludes that a limit of 25 program
originating boosters per full-service FM
primary station is a reasonable
compromise. In seeking comment on
this number, the Commission also notes
that imposing an artificially low number
of program originating boosters could
make it harder for licensees to design
and deploy boosters in a way that
minimizes the risks of interference. It
does not propose an overall per market
limit. The Commission seeks comment
on these tentative conclusions as well as
any alternative number for the cap. GBS
studies evaluated geotargeting
deployments with up to nine boosters.
Thus, the Commission tentatively
concludes that a 25 program originating
booster station cap should not impose
an undue burden on the rollout of this
technology while at the same time
ensuring consistency with the LCRA. It
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also seeks input on any alternatives. The
Commission asks that any alternative
proposals be accompanied by detailed
justifications, as well as a discussion of
the effect any alternative program
originating booster cap or alternative
approach to limiting program
originating boosters might have on other
stations, both full-service and
secondary, and on the local FM noise
floor generally.
11. The FNPRM also seeks comment
on whether there are other requirements
needed to ensure compliance with the
LCRA. The R&O concluded that
authorization of program originating
boosters is consistent with the LCRA.
However, the FNPRM seeks input on
any remaining concerns about
compliance with the LCRA. Currently,
LPFM stations are permitted to originate
programming 100 percent of the time,
while FM translators and boosters do
not originate programming. What
difference, if any, does allowing some
FM boosters to originate programming
for five percent of each broadcast hour
make to the relative status of the
secondary services? The Commission
seeks comment on these matters.
12. Additionally, in discussing any
proposed LCRA-based requirements in
licensing program originating FM
booster stations, the Commission asks
commenters specifically to enumerate
the costs and benefits of their proposals
or any alternatives set forth by
commenters. This should include the
costs of preparing any proposed
application showings, or of licensing an
FM booster in such a manner as to
comply with the LCRA. Commenters
should also quantify projected costs and
benefits, identify supporting evidence
and any underlying assumptions, and
explain any difficulties faced in trying
to quantify benefits and costs of the
proposals and how the Commission
might nonetheless evaluate them.
Political Broadcasting and Advertising
13. If program originating boosters are
widely adopted, candidates and issue
advertisers may seek to use program
originating booster stations to target
their message to particular subsets of a
market, which has political broadcasting
and recordkeeping implications. As an
initial matter, the Commission
tentatively concludes that, to the extent
an FM booster station originates
programming, it should be subject to the
full array of political programming
requirements that are applicable to full
power broadcast stations. These
obligations ensure that candidates for
elective office have access to broadcast
facilities and certain other media
platforms and foster transparency about
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entities sponsoring advertisements. The
FNPRM therefore proposes to adopt a
new provision (47 CFR 74.1290) to make
all political programming requirements
applicable to program originating FM
booster stations. It also proposes to
require broadcasters originating
programming on a booster to maintain a
political file for the booster in the same
political file as the booster’s primary
station. Thus, the Commission proposes
to amend 47 CFR 73.3526 (online public
inspection file of commercial stations)
and 47 CFR 73.3527 (online public
inspection file of noncommercial
educational stations) to appropriately
reflect the obligation of licensees of
program originating FM booster stations
to maintain an online political file for
each such station. LPFM stations
operating program originating boosters
will need to maintain a physical
political file consistent with existing
requirements. The FNPRM invites
comment on this proposal.
14. Political Files. Applying the full
array of political programming
requirements to program originating FM
booster stations raises several additional
issues on which the FNPRM seeks
comment. First, it asks how licensees
should comply with the political file
requirements in 47 CFR 73.1943 and 47
U.S.C. 315(e) for program originating
booster stations. For example, these
sections require commercial licensees to
maintain online political files for
requests for the purchase of broadcast
time by or on behalf of all legally
qualified candidates for public office
and by or on behalf of issues advertisers
whose ads communicate a message
relating to any political matter of
national importance. The requirement
applies to both full service
noncommercial stations and LPFM
stations to the extent that they make
time available without charge for use by
a candidate. What is the best location
for records of such commercial and
noncommercial use of broadcast time on
a program originating booster station?
The FNPRM notes that booster stations
are not required to maintain a public
file. Should records of political use of
broadcast time on a program originating
booster station be commingled with
records of requests for the use of
broadcast time on the licensee’s primary
station so long as they are appropriately
labeled to identify the station on which
the use was made? Alternatively, should
licensees be required to create a
political file subfolder for each of its
booster stations into which it would
place records of requests for the
purchase or free use of broadcast time?
15. Would candidates and members of
the public know that a political message
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that they have heard originated on a
booster station (as opposed to the
licensee’s primary station) and know
where to locate records of the message
in the station’s political file? How
should LPFM stations, which are not
currently required to have an online
public inspection file, keep publicly
available records of political use of their
program originating boosters? For
example, should they keep a physical
file for the booster with the LPFM
station’s files consistent with
requirements for political use of the
LPFM station? The Commission invites
comment on all of these questions and
any additional issues that follow from
requiring licensees to maintain records
of requests for the purchase of political
time and of time made available without
charge for use by a candidate on their
program originating booster stations.
16. Equal Opportunities. Targeted
advertising also raises questions about
how licensees should comply with
obligations related to equal
opportunities. Under 47 CFR 73.1941
and 47 U.S.C. 315(a), if a licensee
permits a legally qualified candidate for
any public office to use its station, it
must, with some exceptions, permit all
other legally qualified candidates for the
same office to also use its station.
Should candidates who are requesting
equal opportunities in response to an
advertisement or noncommercial
announcement that was broadcast on a
particular program originating booster
station be entitled to use only that
booster station, essentially treating
individual booster stations and a
licensee’s primary station as separate
facilities for equal opportunities
purposes?
17. Reasonable Access. Similar
questions arise with respect to how
licensees should entertain requests for
reasonable access by Federal candidates
on program originating booster stations.
Under 47 CFR 73.1944 and 47 U.S.C.
312(a)(7), commercial broadcast stations
must permit candidates for Federal
office to purchase reasonable amounts
of advertising time. In determining what
is ‘‘reasonable’’ for reasonable access
purposes, should licensees treat their
program originating booster and primary
stations as separate facilities? For
example, should the amount of time that
a Federal candidate has purchased on a
licensee’s primary station affect the
amount of time to which the same
candidate is entitled to purchase on one
of the licensee’s program originating
booster stations, and vice versa?
18. Candidate Rates. Program
originating booster stations raise
additional questions about how
licensees should apply candidate rates.
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Pursuant to 47 CFR 73.1942 and 47
U.S.C 315(b), during the 45-day period
preceding a primary or primary run-off
election, and the 60 day period
preceding a general or special election,
stations must charge candidates in
connection with their campaigns no
more than the station’s lowest unit
charge for the same class and amount of
time during the same period. In
determining lowest unit charges, should
licensees treat their program originating
booster stations and primary stations as
separate facilities? Is it reasonable to
expect that the lowest unit rates on a
licensee’s program originating booster
station would be different from the
lowest unit rates on its primary station?
Licensing Issues
19. The FNPRM also seeks comment
on whether to require vendors of
program originating technology and
patent owners in program originating
technology to abide by the
Commission’s patent policy or any other
guidelines common to open standards,
which require that licenses be available
to all parties on fair, reasonable and
nondiscriminatory terms. Would such a
step be necessary or an appropriate
exercise of Commission authority in
light of the fact that the Report and
Order does not endorse a particular
technical approach? Parties suggesting
that we do consider any requirements
should provide detailed information,
including how long such requirements
should last and our authority to adopt
such requirements.
Other Safeguards
20. Are there any other non-technical
safeguards on program originating
boosters that might be useful? For
example, two members of Congress who
support geo-targeted content,
nevertheless suggest that the
Commission should consider requiring
licensees of program originating
boosters to certify that they are being
responsive to needs and issues of their
service areas, especially minority
communities. This appears to be a
response to concerns of a non-technical
nature, such as the potential for
redlining by advertisers or licensees.
Although the Commission finds no
current evidence of factors to cause
redlining, it seeks comment on whether
a safeguard in the form of a reporting
condition might generally be useful to
address non-technical concerns. If so,
what information should licensees
certify to, and how often?
Digital Equity and Inclusion
21. The Commission, as part of its
continuing effort to advance digital
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equity for all, including people of color,
persons with disabilities, persons who
live in rural or Tribal areas, and others
who are or have been historically
underserved, marginalized, or adversely
affected by persistent poverty or
inequality, invites comment on any
equity-related considerations and
benefits (if any) that may be associated
with the proposals and issues discussed
herein. Specifically, it seeks comment
on how the FNPRM’s proposals may
promote or inhibit advances in
diversity, equity, inclusion, and
accessibility, as well the scope of the
Commission’s relevant legal authority.
22. The Commission will send a copy
of the FNPRM including the IRFA, to
the Chief Counsel for Advocacy of the
SBA. A copy of this FNPRM and IRFA
(or summaries thereof) will also be
published in the Federal Register.
Initial Regulatory Flexibility Act
Analysis
23. As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), the Federal Communications
Commission (Commission) has prepared
this Initial Regulatory Flexibility Act
Analysis (IRFA) of the possible
significant economic impact on a
substantial number of small entities by
the policies and rules proposed in the
FNPRM. Written public comments are
requested on this IRFA. Comments must
be identified as responses to the IRFA
and must be filed by the deadlines for
comments specified in the DATES section
of this FNPRM. The Commission will
send a copy of the FNPRM, including
this IRFA, to the Chief Counsel for
Advocacy of the Small Business
Administration (SBA). In addition, the
FNPRM and IRFA (or summaries
thereof) will be published in the Federal
Register.
A. Need for, and Objectives of, the
Proposed Rules
24. The FNPRM seeks further
comment on processing, licensing, and
service rules for program originating FM
booster stations, or program originating
boosters, which provide targeted
programming to specific areas within
their primary FM stations’ service areas.
Through the FNPRM, the Commission
sets out a number of proposed changes
to the rules, detailed in Appendix C,
and seeks comment on these proposed
rule changes.
25. In the FNPRM, the Commission
proposes to retain the requirement that
a booster station may cause only limited
interference to its primary station’s
signal, but also proposes to eliminate
the current rule provision barring any
interference to the primary station’s
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signal within the boundaries of the
community of license. Additionally, the
Commission proposes a notification
requirement in which licensees of
authorized booster stations will be
required to file a notification of their
intention to originate programming
rather than implementing a separate
application process for boosters that
originate programming that could
introduce greater delay for broadcasters
seeking to operate such booster stations.
The Commission also asks whether it
should codify technical specifications
for synchronization of the program
originating booster’s signal with that of
the FM primary station, as well as
whether imposing such a requirement
would be an unnecessary burden on
broadcasters.
26. In the Report and Order, we
required program originating boosters to
receive and broadcast all emergency
alerts in the same manner as their
primary station, by codifying this
requirement through an amendment of
§ 11.11 of the rules (47 CFR 11.11). The
FNPRM seeks comment regarding
whether any additional requirements
will be needed regarding the interaction
of program originating boosters and the
Emergency Alert System (EAS).
27. Additionally, the Commission
proposes to add a new section to the
rules (47 CFR 74.1206) requiring that a
program originating booster formally
notify the Commission through the
Media Bureau’s Licensing and
Management System (LMS) of the
commencement and suspension of
operations. Other proposed rule
additions and amendments include a
requirement that a program originating
booster suspend operations when its FM
primary station suspends operations,
and to so notify the Commission. The
FNPRM also proposes that the
programming originated by an FM
booster station must conform to that
broadcast by the FM primary station,
e.g., a booster re-transmitting a
noncommercial educational (NCE) FM
station may also only broadcast NCE
content. The FNPRM also seeks
comment on whether information
collected in the proposed FM Booster
Notification constitutes ‘‘data assets’’ for
purposes of the OPEN Government Data
Act and, if so, whether the collected
information constitutes ‘‘public data
assets.’’
28. The Commission further proposes
to amend 47 CFR 74.1232(g) to limit
each full-service FM station to using up
to 25 FM booster stations. This cap
represents a change from the current
rule, which imposes no numerical limit
on FM booster stations. This proposal is
based on the decision in the Report and
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Order that a limit on the number of
boosters a station can operate is needed
to ensure that an increase in booster
stations resulting from our decision to
authorize program originating boosters
is consistent with the Local Community
Radio Act of 2010 (LCRA).
29. The FNPRM also addresses issues
regarding political broadcasting. To the
extent that political advertising may be
broadcast over a program originating
booster, the Commission proposes that
such a booster station must follow all of
the Commission’s political broadcasting
rules. These would include rules
requiring the maintenance of an online
political file, provision of equal
opportunity and reasonable access to
political candidates, and limiting the
rates charged to political candidates for
airtime. Finally, the FNPRM also asks
whether vendors of these technologies
should abide by the Commission’s
patent policy or any other guidelines
common to open standards, which
require that licenses be available to all
parties on fair, reasonable, and
nondiscriminatory terms.
B. Legal Basis
30. The proposed action is authorized
pursuant to sections 1, 2, 4(i), 7, 301,
302, 303, 307, 308, 309, 316, 319, 324,
and 403 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154,
157, 301, 302, 303, 307, 308, 309, 316,
319, 324, and 403.
C. Description and Estimate of the
Number of Small Entities To Which the
Proposed Rules Will Apply
31. The RFA directs agencies to
provide a description of, and where
feasible, an estimate of the number of
small entities that may be affected by
the proposed rules, if adopted. The RFA
generally defines the term ‘‘small
entity’’ as having the same meaning as
the terms ‘‘small business,’’ ‘‘small
organization,’’ and ‘‘small governmental
jurisdiction.’’ In addition, the term
‘‘small business’’ has the same meaning
as the term ‘‘small business concern’’
under the Small Business Act (SBA). 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.
32. Small Businesses, Small
Organizations, Small Governmental
Jurisdictions. Our actions, over time,
may affect small entities that are not
easily categorized at present. We
therefore, describe three broad groups of
small entities that could be directly
affected herein. First, while there are
industry specific size standards for
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small businesses that are used in the
regulatory flexibility analysis, according
to data from the Small Business
Administration’s (SBA) Office of
Advocacy, in general a small business is
an independent business having fewer
than 500 employees. These types of
small businesses represent 99.9% of all
businesses in the United States, which
translates to 33.2 million businesses.
33. Next, the type of small entity
described as a ‘‘small organization’’ is
generally ‘‘any not-for-profit enterprise
which is independently owned and
operated and is not dominant in its
field.’’ The Internal Revenue Service
(IRS) uses a revenue benchmark of
$50,000 or less to delineate its annual
electronic filing requirements for small
exempt organizations. Nationwide, for
tax year 2020, there were approximately
447,689 small exempt organizations in
the U.S. reporting revenues of $50,000
or less according to the registration and
tax data for exempt organizations
available from the IRS.
34. Finally, the small entity described
as a ‘‘small governmental jurisdiction’’
is defined generally as ‘‘governments of
cities, counties, towns, townships,
villages, school districts, or special
districts, with a population of less than
fifty thousand.’’ U.S. Census Bureau
data from the 2017 Census of
Governments indicate there were 90,075
local governmental jurisdictions
consisting of general purpose
governments and special purpose
governments in the United States. Of
this number, there were 36,931 general
purpose governments (county,
municipal, and town or township) with
populations of less than 50,000 and
12,040 special purpose governments—
independent school districts with
enrollment populations of less than
50,000. Accordingly, based on the 2017
U.S. Census of Governments data, we
estimate that at least 48,971 entities fall
into the category of ‘‘small
governmental jurisdictions.’’
35. 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. 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. Based on this data and
the SBA’s small business size standard,
we estimate a majority of such entities
are small entities.
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36. 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 all of these
entities qualify as small entities under
the above SBA small business size
standard.
37. 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
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.
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D. Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements for Small Entities
38. The FNPRM proposes modified
reporting requirements that, if adopted,
may impact compliance requirements
for small entities. The Commission
seeks comment on whether FM
licensees and permittees employing
program originating boosters should
provide notice through the Licensing
and Management System (LMS) prior to
commencing program origination, and
whether it should similarly provide
LMS notice when suspending
operations. Should the Commission
ultimately decide to adopt these
requirements, they would likely result
in a modified paperwork obligation for
small and other entities. The
Commission will have to consider the
benefits and costs of allowing program
originating booster licensees to submit
certain notifications in LMS. If adopted,
the Commission will seek approval of
and submit the corresponding burden
estimates to account for this modified
reporting requirement. Additionally,
small entities may determine they will
need to hire professionals to comply
with the rule changes proposed in the
FNPRM, if adopted. We expect the
comments we receive from the parties in
the proceeding, including cost and
benefit analyses, will help the
Commission to identify and evaluate
compliance costs and burdens for small
businesses that may result from the
proposed rules and additional matters
discussed in the FNPRM.
E. Steps Taken To Minimize the
Significant Economic Impact on Small
Entities, and Significant Alternatives
Considered
39. The RFA requires an agency to
describe any significant alternatives,
specifically for small businesses, 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 such 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 such small entities.’’
40. The Commission has sought to
minimize the economic impact on small
entities, as well as consider significant
alternatives and weigh their potential
impact to those entities. In the FNPRM,
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we take the step of proposing to modify
rules to facilitate limited program
origination by FM booster stations.
41. In addition, the FNPRM seeks to
avoid imposing additional burdens on
small radio stations where practicable.
For example, the FNPRM proposes to
add a new § 74.1206 to the rules, which
would prescribe LMS notification of the
commencement or suspension of
program originating booster service. The
majority of Commission notifications in
the media services are delivered through
LMS, which is less burdensome than
requiring separate mail or electronic
mail notification. Further, our proposed
rule also simplifies notification and
certification requirements for
broadcasters that permanently
discontinue originating programming on
a booster to file a notification of
termination within 30 days. We believe
that unlike other alternatives for
compliance, this approach will provide
adequate notice to the Commission
while minimizing the regulatory burden
for broadcast stations.
42. At this time, the Commission does
not have supporting data to determine if
there will or will not be an economic
impact on small businesses as a result
of the proposed rule amendments and/
or additions. To assist in the
Commission’s evaluation of the
economic impact on small entities, as a
result of actions that have been
proposed in the FNPRM, and to better
explore options and alternatives, the
Commission has sought comment from
the parties. In particular, the
Commission seeks comment on whether
any of the burdens associated with the
filing, recordkeeping and reporting
requirements described above can be
minimized for small entities.
Additionally, the Commission seeks
comment on whether any potential costs
associated with our FM Booster Station
requirements can be alleviated for small
entities. The Commission expects to
more fully consider the economic
impact and alternatives for small
entities following the review of
comments filed in response to the
FNPRM.
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rule
43. None.
Ordering Clauses
44. It is further ordered that, pursuant
to sections 1, 2, 4(i), 7, 301, 302, 303,
307, 308, 309, 316, 319, 324, and 403 of
the Communications Act of 1934, as
amended, 47 U.S.C. 151, 154, 157, 301,
302, 303, 307, 308, 309, 316, 319, 324,
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and 403, the Further Notice of Proposed
Rule Making is adopted.
44. It is further ordered that, pursuant
to applicable procedures set forth in
§§ 1.415 and 1.419 of the Commission’s
rules, 47 CFR 1.415, 1.419, interested
parties may file comments on the
further notice of proposed rulemaking
in MB Docket No. 20–401 on or before
thirty (30) days after publication in the
Federal Register and reply comments
on or before sixty (60) days after
publication in the Federal Register.
List of Subjects in 47 CFR Part 73 and
74
Communications equipment, Radio,
Reporting and recordkeeping
requirements.
Federal Communications Commission.
Marlene Dortch,
Secretary.
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
parts 73 and 74 as follows:
PART 73—RADIO BROADCAST
SERVICES
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. Revise § 73.801 to read as follows:
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§ 73.801 Broadcast regulations applicable
to LPFM stations.
The following rules are applicable to
LPFM stations:
(a) Part 11—Emergency Alert System
(EAS).
(1) Section 11.11 The Emergency
Alert System (EAS).
(2) [Reserved]
(b) Part 73—Radio Broadcast Services.
(1) Section 73.201 Numerical
definition of FM broadcast channels.
(2) Section 73.220 Restrictions on use
of channels.
(3) Section 73.267 Determining
operating power.
(4) Section 73.277 Permissible
transmissions.
(5) Section 73.297 FM stereophonic
sound broadcasting.
(6) Section 73.310 FM technical
definitions.
(7) Section 73.312 Topographic data.
(8) Section 73.318 FM blanketing
interference.
(9) Section 73.322 FM stereophonic
sound transmission standards.
(10) Section 73.333 Engineering
charts.
(11) Section 73.503 Licensing
requirements and service.
(12) Section 73.508 Standards of good
engineering practice.
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(13) Section 73.593 Subsidiary
communications services.
(14) Section 73.1015 Truthful written
statements and responses to
Commission inquiries and
correspondence.
(15) Section 73.1030 Notifications
concerning interference to radio
astronomy, research and receiving
installations.
(16) Section 73.1201 Station
identification.
(17) Section 73.1206 Broadcast of
telephone conversations.
(18) Section 73.1207 Rebroadcasts.
(19) Section 73.1208 Broadcast of
taped, filmed, or recorded material.
(20) Section 73.1210 TV/FM duallanguage broadcasting in Puerto Rico.
(21) Section 73.1211 Broadcast of
lottery information.
(22) Section 73.1212 Sponsorship
identification; list retention; related
requirements.
(23) Section 73.1213 Antenna
structure, marking and lighting.
(24) Section 73.1216 Licenseeconducted contests.
(25) Section 73.1217 Broadcast
hoaxes.
(26) Section 73.1250 Broadcasting
emergency information.
(27) Section 73.1300 Unattended
station operation.
(28) Section 73.1400 Transmission
system monitoring and control.
(29) Section 73.1520 Operation for
tests and maintenance.
(30) Section 73.1540 Carrier frequency
measurements.
(31) Section 73.1545 Carrier frequency
departure tolerances.
(32) Section 73.1570 Modulation
levels: AM, FM, and TV aural.
(33) Section 73.1580 Transmission
system inspections.
(34) Section 73.1610 Equipment tests.
(35) Section 73.1620 Program tests.
(36) Section 73.1650 International
agreements.
(37) Section 73.1660 Acceptability of
broadcast transmitters.
(38) Section 73.1665 Main
transmitters.
(39) Section 73.1692 Broadcast station
construction near or installation on an
AM broadcast tower.
(40) Section 73.1745 Unauthorized
operation.
(41) Section 73.1750 Discontinuance
of operation.
(42) Section 73.1920 Personal attacks.
(43) Section 73.1940 Legally qualified
candidates for public office.
(44) Section 73.1941 Equal
opportunities.
(45) Section 73.1943 Political file.
(46) Section 73.1944 Reasonable
access.
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(47) Section 73.3511 Applications
required.
(48) Section 73.3512 Where to file;
number of copies.
(49) Section 73.3513 Signing of
applications.
(50) Section 73.3514 Content of
applications.
(51) Section 73.3516 Specification of
facilities.
(52) Section 73.3517 Contingent
applications.
(53) Section 73.3518 Inconsistent or
conflicting applications.
(54) Section 73.3519 Repetitious
applications.
(55) Section 73.3520 Multiple
applications.
(56) Section 73.3525 Agreements for
removing application conflicts.
(57) Section 73.3539 Application for
renewal of license.
(58) Section 73.3542 Application for
emergency authorization.
(59) Section 73.3545 Application for
permit to deliver programs to foreign
stations.
(60) Section 73.3550 Requests for new
or modified call sign assignments.
(61) Section 73.3561 Staff
consideration of applications requiring
Commission consideration.
(62) Section 73.3562 Staff
consideration of applications not
requiring action by the Commission.
(63) Section 73.3566 Defective
applications.
(64) Section 73.3568 Dismissal of
applications.
(65) Section 73.3580 Local public
notice of filing of broadcast
applications.
(66) Section 73.3584 Procedure for
filing petitions to deny.
(67) Section 73.3587 Procedure for
filing informal objections.
(68) Section 73.3588 Dismissal of
petitions to deny or withdrawal of
informal objections.
(69) Section 73.3589 Threats to file
petitions to deny or informal objections.
(70) Section 73.3591 Grants without
hearing.
(71) Section 73.3593 Designation for
hearing.
(72) Section 73.3598 Period of
construction.
(73) Section 73.3599 Forfeiture of
construction permit.
(74) Section 73.3999 Enforcement of
18 U.S.C. 1464 (restrictions on the
transmission of obscene and indecent
material).
(c) Part 74—Experimental Radio,
Auxiliary, Special Broadcast and Other
Program Distributional Services.
(1) Section 74.1201 Definitions.
(2) Section 74.1203 Interference.
(3) Section 74.1206 Program
originating FM booster station
notifications.
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(4) Section 74.1231 Purpose and
permissible service.
(5) Section 74.1232 Eligibility and
licensing requirements.
(6) Section 74.1290 Political
programming rules applicable to
program originating FM booster stations.
■ 3. Amend § 73.3526 by adding
paragraph (a)(3) to read as follows:
§ 73.3526 Online public inspection file of
commercial stations.
(a) * * *
(3) Every permittee or licensee of a
program originating FM booster station,
as defined in § 74.1201(f)(2) of this
chapter, shall maintain in the political
file of its primary station the records
required in § 73.1943 of this part for
each such program originating FM
booster station.
*
*
*
*
*
■ 4. Amend § 73.3527 by adding
paragraph (a)(3) to read as follows:
§ 73.3527 Online public inspection file of
noncommercial educational stations.
(a) * * *
(3) Every permittee or licensee of a
program originating FM booster station,
as defined in § 74.1201(f)(2) of this
chapter, in the noncommercial
educational broadcast service shall
maintain in the political file of its
primary station the records required in
§ 73.1943 of this part for each such
program originating FM booster station.
*
*
*
*
*
PART 74—EXPERIMENTAL RADIO,
AUXILIARY, SPECIAL BROADCAST
AND OTHER PROGRAM
DISTRIBUTIONAL SERVICES
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.
6. Amend § 74.1204 by
a. Removing the Note to paragraph
(a)(4);
■ b. Adding paragraph (a)(5); and
■ c. Revising paragraphs (f) and (i).
The revisions and addition read as
follows:
■
■
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§ 74.1204 Protection of FM broadcast, FM
Translator and LP100 stations.
(a) * * *
(5) For the purposes of determining
overlap pursuant to this paragraph,
LP100 stations, LPFM applications, and
LPFM permits that have not yet been
licensed must be considered as
operating with the maximum permitted
facilities. All LPFM TIS stations must be
protected on the basis of a
nondirectional antenna.
*
*
*
*
*
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(f)(1) An application for an FM
translator station will not be granted
even though the proposed operation
would not involve overlap of field
strength contours with any other station,
as set forth in paragraph (a) of this
section, if grant of the authorization will
result in interference to the reception of
a regularly used, off-the-air signal of any
authorized co-channel, first, second or
third adjacent channel broadcast station,
including previously authorized
secondary service stations within the 45
dBm field strength contour of the desired
station.
(2) An application for an FM
broadcast booster station will not be
granted even though the proposed
operation would not involve overlap of
field strength contours with any other
station, as set forth in paragraph (i) of
this section, if grant of the authorization
will result in interference to the
reception of a regularly used, off-the-air
signal of any authorized co-channel,
first, second or third adjacent channel
broadcast station, other than the
booster’s primary station, but including
previously authorized secondary service
stations within the 45 dBm field strength
contour of the desired station.
(3) Interference, with regard to either
an FM translator station or an FM
broadcast booster station application, is
demonstrated by:
(i) The required minimum number of
valid listener complaints as determined
using Table 1 to § 74.1203(a)(3) of this
part and defined in § 74.1201(k) of this
part;
(ii) A map plotting the specific
location of the alleged interference in
relation to the complaining station’s 45
dBm contour;
(iii) A statement that the complaining
station is operating within its licensed
parameters;
(iv) A statement that the complaining
station licensee has used commercially
reasonable efforts to inform the relevant
translator or booster licensee of the
claimed interference and attempted
private resolution; and
(v) U/D data demonstrating that at
each listener location the undesired to
desired signal strength exceeds ¥20 dB
for co-channel situations, ¥6 dB for
first-adjacent channel situations or 40
dB for second- or third-adjacent channel
situations, calculated using the
methodology set out in paragraph (b) of
this section.
*
*
*
*
*
(i) FM broadcast booster stations shall
be subject to the requirement that the
signal of any first adjacent channel
station must exceed the signal of the
booster station by 6 dB at all points
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within the protected contour of any first
adjacent channel station, except that in
the case of FM stations on adjacent
channels at spacings that do not meet
the minimum distance separations
specified in § 73.207 of this chapter, the
signal of any first adjacent channel
station must exceed the signal of the
booster by 6 dB at any point within the
predicted interference free contour of
the adjacent channel station.
*
*
*
*
*
■ 7. Add § 74.1206 to read as follows:
§ 74.1206 Program originating FM booster
station notifications.
(a) A program originating FM booster
station must electronically file an FM
Booster Program Origination
Notification with the Commission in
LMS, before commencing or after
terminating the broadcast of boosteroriginated content subject to the
provisions of § 74.1201(f)(2) of this part.
Such a notification must be filed within
15 days before commencing origination,
or within 30 days after terminating
origination.
(b) Every FM Booster Program
Origination Notification must include
the following information in machinereadable format:
(1) The call sign and facility
identification number of the program
originating FM booster station;
(2) If applicable, the date on which
the program originating FM booster
station will commence or has
terminated originating content;
(3) The name and telephone number
of a technical representative the
Commission or the public can contact in
the event of interference;
(4) A certification that the program
originating FM booster station complies
with all Emergency Alert System (EAS)
requirements in part 11 of this chapter;
(5) A certification that the program
originating FM booster station will
originate programming for no more than
three minutes of each broadcast hour;
and
(6) A certification that the program
originating FM booster station has been
properly synchronized to minimize
interference to the primary station.
■ 8. Amend § 74.1231 by revising
paragraph (j) and adding paragraph (k)
to read as follows:
§ 74.1231
service.
Purpose and permissible
*
*
*
*
*
(j) In the case of a superpowered FM
broadcast station, authorized with
facilities in excess of those specified by
§ 73.211 of this chapter, an FM booster
station will only be authorized within
the protected contour of the class of
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station being rebroadcast as predicted
based on the maximum facilities set
forth in § 73.211 for the applicable class
of FM broadcast station being
rebroadcast.
(k) An FM broadcast booster station,
as defined in § 74.1201(f)(1) or (f)(2) of
this part, must suspend operations at
any time its primary station is not
operating. If a full-service FM broadcast
station suspends operations, in addition
to giving the notification specified in
§ 73.1740(a)(4) of this chapter, each FM
broadcast booster station and program
originating FM booster station must also
file a notification under § 73.1740(a)(4)
of this chapter that it has suspended
operations.
■ 9. Amend § 74.1232 by revising the
first sentence of paragraph (g),
redesignating paragraph (h) as
paragraph (i), and adding new
paragraph (h). The revision and addition
read as follows:
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26855
§ 74.1232 Eligibility and licensing
requirements.
■
*
§ 74.1290 Political programming rules
applicable to program originating FM
booster stations.
*
*
*
*
(g) No numerical limit is placed upon
the number of FM booster stations
which may be licensed to a single
licensee. No more than twenty five (25)
program originating FM booster stations
may be licensed to a single full-service
FM broadcast station. * * *
(h) A program originating FM booster
station, when originating programming
pursuant to the limits set forth in
§ 74.1201(f)(2) of this part, may not
broadcast programming that is not
permitted by its primary station’s
authorization (e.g., a program
originating FM booster station licensed
to a noncommercial educational
primary station may only originate
programming consistent with § 73.503
of this chapter).
*
*
*
*
*
PO 00000
Frm 00062
Fmt 4702
Sfmt 9990
10. Add § 74.1290 to read as follows:
To the extent a program originating
FM booster station originates
programming different than that
broadcast by its primary station,
pursuant to the limits set forth in
§ 74.1201(f)(2) of this part, it shall
comply with the requirements in
§§ 73.1212 (Sponsorship identification),
73.1940 (Legally qualified candidates
for public office), 73.1941 (Equal
opportunities), 73.1942 (Candidate
rates), 73.1943 (Political file), and
73.1944 (Reasonable access), of this
chapter.
[FR Doc. 2024–07911 Filed 4–15–24; 8:45 am]
BILLING CODE 6712–01–P
E:\FR\FM\16APP1.SGM
16APP1
Agencies
[Federal Register Volume 89, Number 74 (Tuesday, April 16, 2024)]
[Proposed Rules]
[Pages 26847-26855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07911]
[[Page 26847]]
=======================================================================
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 74
[MB Docket No. 20-401, FCC 24-35; FR ID 213399]
Program Originating FM Broadcast Booster Stations
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission or FCC) seeks comment on revising Commission rules to
establish processing, licensing, and service rules that will enable
full power FM and low power FM (LPFM) broadcast stations to originate
programming using FM booster stations. In a concurrently adopted Report
and Order (R&O), published elsewhere in this issue of the Federal
Register, the Commission found that it would be in the public interest
to provide broadcasters flexibility to use program originating
boosters, subject to certain safeguards needed to address concerns
raised in the record. This further notice of proposed rulemaking
(FNPRM) seeks comment on the details of implementing these safeguards
and on a number of proposed rule changes.
DATES: Comments due on or before May 16, 2024; reply comments due on or
before June 17, 2024.
ADDRESSES: Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments on or before the dates indicated on the first page of
this document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998). You may submit comments,
identified by MB Docket No. 20-401, FCC 24-35, by any of the following
methods:
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
Filings can be sent by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 45 L Street NE, Washington, DC 20554.
Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
People with Disabilities: To request materials in
accessible formats for people with disabilities (braille, large print,
electronic files, audio format), send an email to [email protected] or
call the Consumer & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (TTY).
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 FNPRM,
FCC 24-35, adopted March 27, 2024 and released April 2, 2024. The full
text of this document is available by downloading the text from the
Commission's website at: https://docs.fcc.gov/public/attachments/FCC-24-35A1.pdf.
Paperwork Reduction Act of 1995 Analysis: This document proposes
new or modified information collection requirements. The Commission, as
part of its continuing effort to reduce paperwork burdens and pursuant
to the Paperwork Reduction Act of 1995, Public Law 104-13, invites the
general public and the Office of Management and Budget (OMB) to comment
on these information collection requirements. In addition, pursuant to
the Small Business Paperwork Relief Act of 2002, Public Law 107-198,
see 44 U.S.C. 3506(c)(4), the Commission seeks specific comment on how
it might further reduce the information collection burden for small
business concerns with fewer than 25 employees.
Providing Accountability Through Transparency Act: Consistent with
the Providing Accountability Through Transparency Act, Public Law 118-
9, a summary of this document will be available on: https://www.fcc.gov/proposed-rulemakings.
Synopsis
Background
1. In a notice of proposed rulemaking (NPRM) adopted on December 1,
2020, and published on January 11, 2021, at 86 FR 1909, the Commission
sought public comment on a proposal by GeoBroadcast Solutions, LLC
(GBS) to allow a new use for FM booster stations. FM boosters are low
power, secondary stations that operate in the FM broadcast band. 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. GBS developed technology designed to allow
licensees of primary FM and LPFM broadcast stations to geographically
target a portion of their programming by using FM boosters to originate
different content for different parts of their service areas. Stations
might, for example, use the technology to air hyper-local news and
weather reports most relevant to a particular community. Stations also
might air advertisements or underwriting acknowledgements from
businesses that wish or can only afford to focus their reach on small
geographic areas, thereby enhancing the stations' ability to compete
for local support. Such program origination over boosters cannot be
accomplished on a permanent basis under existing rules.
2. Upon consideration of comments both supporting and opposing the
GBS proposal, the Commission concluded that program originating
boosters would serve the public interest if properly engineered and
subject to various safeguards. In the concurrently adopted R&O, the
Commission authorizes program originating boosters in the near term
under part 5 of the rules (47 CFR 5.1 to 5.602), which pertains to
experimental use of new technologies. FM and LPFM broadcasters will
have the flexibility to use FM boosters to originate geographically
targeted programming on a voluntary basis for
[[Page 26848]]
up to three minutes per hour. However, the R&O notes that permanent use
of program originating boosters cannot commence until the Commission
adopts additional rule changes and establishes details for implementing
safeguards to address concerns raised in the record. Accordingly, the
Commission has adopted the FNPRM, which proposes and seeks comments on
such rule changes and asks additional related questions.
Program Origination Notification
3. To address concerns in the comments about the potential impact
of program originating boosters on existing FM service, the R&O
concludes that it is imperative for the Commission to adopt a
notification requirement for program originating boosters. This would
enable the Media Bureau to keep track of which stations are using
boosters to originate content and to respond to any complaints that may
arise. The FNPRM proposes to require broadcasters originating
programming on a booster to file a notification 15 days prior to
commencing origination. The proposed rule would also require
broadcasters that permanently discontinue originating programming on a
booster to file a notification within 30 days after termination. The
Commission seeks comment on this proposal and the proposed text of 47
CFR 74.1206 set out in appendix C of the FNPRM. Would the information
collected in the proposed FM Booster Notification constitute ``data
assets'' for purposes of the OPEN Government Data Act, Public Law 115-
435 (2019)? If so, would the collected information constitute ``public
data assets'' as defined in 44 U.S.C. 3502 (22)? Is there any reason
the Commission should not make such information publicly available?
Section 74.1204(f)
4. Section 74.1204(f) of the rules (47 CFR 74.1204(f)) addresses
claims of predicted interference outside a protected station's contour
when a translator station construction permit application is pending.
Unlike the actual interference rule in Sec. 74.1203, which addresses
both translator and booster stations, the predicted interference rule
in Sec. 74.1204(f) addresses only translator stations. The FNPRM seeks
comment on whether to modify Sec. 74.1204(f) to include a mechanism to
address predicted interference while booster construction permit
applications remain pending. The Commission believes this will help
ensure that broadcasters do not invest in developing booster stations
that will cause interference that must be resolved under Sec. 74.1203
once the booster commences broadcasts. It also proposes to apply this
new mechanism to any booster applications that are pending at the time
the modifications to Sec. 74.1204 are adopted. The Commission seeks
comment on these proposals.
Synchronization
5. The FNPRM seeks comment on whether the Commission should adopt a
requirement that broadcasters synchronize their primary station and
booster signals to reduce and eliminate self-interference. GBS's
engineering consultant emphasized in the comments that synchronization
is critical to successful booster implementation. One commenter,
Anderson, emphasizes the importance for any booster system, but
particularly those in a program originating system, to be synchronized
in carrier frequency, pilot phase, and audio frames for analog FM. In
the R&O, the Commission concluded that broadcasters have strong
economic incentives to avoid self-interference to their primary
station's signal. In light of that conclusion, it believes broadcasters
deploying program originating boosters will employ a technology that
uses synchronization. Is there any need to adopt a separate
synchronization requirement as an additional safeguard? If the
Commission were to adopt a synchronization requirement, what level of
synchronization would be appropriate? Should the Commission adopt any
standards with regard to synchronizing any or all of the elements
discussed by Anderson? Would stations require new or specialized
equipment to maintain proper synchronization or is that a routine part
of existing booster station operations? Do station signals change
enough to require constant monitoring and recalibration and if so, how
does this affect our ability to develop and apply a standard? Or would
a synchronization requirement impose an unnecessary burden on booster
station operations? The Commission seeks comment on these questions.
Notification to Emergency Alert System (EAS) Participants
6. The R&O requires program originating boosters to receive and
broadcast all emergency alerts in the same manner as their primary
station, and codifies this requirement by amending 47 CFR 11.11 to
explicitly make all EAS requirements that are applicable to full-
service AM and FM stations and LPFM stations equally applicable to
program originating FM boosters. In its comments, the Federal Emergency
Management Agency (FEMA) recommended a requirement that FM primary
stations implementing program originating boosters must notify all EAS
participants monitoring that primary station of the booster's program
origination. The Commission seeks comment on this proposal. Does the
Commission's proposal to require all program originating boosters to
broadcast emergency alerts negate the need for this FEMA proposal?
7. As stated in the R&O, the Commission believes its requirement
that program originating boosters broadcast all emergency alerts will
ensure no disruptions to the EAS, but the Commission will monitor the
rollout of program originating boosters to ensure they do not cause
interruptions to the EAS. Should the Commission adopt any requirement
for broadcasters using program originating boosters to report EAS-
related problems or interference to the Commission? What would be the
best means for broadcasters to provide this information to the
Commission? Should it require that licensees also submit this
information to FEMA?
Part 74 Licensing Issues
8. The Commission proposes to clarify certain operational issues
for program originating boosters. The FNPRM proposes to reorganize and
clarify 47 CFR 74.1231 by changing the current Note to a new paragraph
(j), which clarifies grandfathered superpowered FM stations will be
able to implement booster stations only within the standard (i.e., non-
superpowered) maximum contour for their class of station. We believe
this helps to minimize interference risks by further isolating program
originating boosters from adjacent FM broadcast stations. Also, the
FNPRM proposes to add a new paragraph (k) that requires booster
stations to suspend operations any time their primary stations are not
broadcasting and to file notices of suspended operations pursuant to
Sec. 73.1740 of the rules (47 CFR 73.1740). This change codifies more
explicitly existing requirements. Finally, the Commission proposes to
modify 47 CFR 74.1232 to clarify that a booster station may not
broadcast programming that is not permitted by its FM primary station's
authorization. This will ensure that program originating boosters are
not used in a manner that is inconsistent with the primary station. The
Commission seeks comment on the proposed rule changes. The FNPRM also
takes this opportunity to remind broadcasters that licensees of
noncommercial FM stations may not use
[[Page 26849]]
booster stations for commercial broadcasts.
Cap on Program Originating FM Boosters and Other LCRA Issues
9. The FNPRM proposes to amend 47 CFR 74.1232(g) to limit full-
service FM stations to 25 program originating booster stations. This
cap on the number of program originating FM booster stations would
represent a change from the current rule, which imposes no numerical
limit on FM booster stations. The Commission is bound by Section 5 of
the Local Community Radio Act of 2010, Public Law 111-371 (LCRA), to
ensure when licensing new FM booster stations that ``licenses are
available'' to FM translators and LPFM stations. The ability of other
secondary service applicants to locate within an existing full-service
FM station's service contour is ordinarily constrained by the full-
service FM primary station itself. Despite this, the Commission does
not yet know the extent of demand for program originating FM booster
stations, nor the impact that potentially large numbers of such
stations in a market could have on spectrum availability on adjacent
channels where new FM translators and LPFM stations might conceivably
wish to locate. Accordingly, it concludes in the R&O that a limit on
the number of program originating boosters a station can operate may be
needed to ensure that an increase in booster stations resulting from
the decision to authorize program originating boosters is consistent
with the LCRA.
10. The R&O notes that some commenters have expressed concern about
the effect of additional boosters on the FM noise floor. Would a
program originating FM booster cap address such concerns? The
Commission tentatively concludes that a limit of 25 program originating
boosters per full-service FM primary station is a reasonable
compromise. In seeking comment on this number, the Commission also
notes that imposing an artificially low number of program originating
boosters could make it harder for licensees to design and deploy
boosters in a way that minimizes the risks of interference. It does not
propose an overall per market limit. The Commission seeks comment on
these tentative conclusions as well as any alternative number for the
cap. GBS studies evaluated geotargeting deployments with up to nine
boosters. Thus, the Commission tentatively concludes that a 25 program
originating booster station cap should not impose an undue burden on
the rollout of this technology while at the same time ensuring
consistency with the LCRA. It also seeks input on any alternatives. The
Commission asks that any alternative proposals be accompanied by
detailed justifications, as well as a discussion of the effect any
alternative program originating booster cap or alternative approach to
limiting program originating boosters might have on other stations,
both full-service and secondary, and on the local FM noise floor
generally.
11. The FNPRM also seeks comment on whether there are other
requirements needed to ensure compliance with the LCRA. The R&O
concluded that authorization of program originating boosters is
consistent with the LCRA. However, the FNPRM seeks input on any
remaining concerns about compliance with the LCRA. Currently, LPFM
stations are permitted to originate programming 100 percent of the
time, while FM translators and boosters do not originate programming.
What difference, if any, does allowing some FM boosters to originate
programming for five percent of each broadcast hour make to the
relative status of the secondary services? The Commission seeks comment
on these matters.
12. Additionally, in discussing any proposed LCRA-based
requirements in licensing program originating FM booster stations, the
Commission asks commenters specifically to enumerate the costs and
benefits of their proposals or any alternatives set forth by
commenters. This should include the costs of preparing any proposed
application showings, or of licensing an FM booster in such a manner as
to comply with the LCRA. Commenters should also quantify projected
costs and benefits, identify supporting evidence and any underlying
assumptions, and explain any difficulties faced in trying to quantify
benefits and costs of the proposals and how the Commission might
nonetheless evaluate them.
Political Broadcasting and Advertising
13. If program originating boosters are widely adopted, candidates
and issue advertisers may seek to use program originating booster
stations to target their message to particular subsets of a market,
which has political broadcasting and recordkeeping implications. As an
initial matter, the Commission tentatively concludes that, to the
extent an FM booster station originates programming, it should be
subject to the full array of political programming requirements that
are applicable to full power broadcast stations. These obligations
ensure that candidates for elective office have access to broadcast
facilities and certain other media platforms and foster transparency
about entities sponsoring advertisements. The FNPRM therefore proposes
to adopt a new provision (47 CFR 74.1290) to make all political
programming requirements applicable to program originating FM booster
stations. It also proposes to require broadcasters originating
programming on a booster to maintain a political file for the booster
in the same political file as the booster's primary station. Thus, the
Commission proposes to amend 47 CFR 73.3526 (online public inspection
file of commercial stations) and 47 CFR 73.3527 (online public
inspection file of noncommercial educational stations) to appropriately
reflect the obligation of licensees of program originating FM booster
stations to maintain an online political file for each such station.
LPFM stations operating program originating boosters will need to
maintain a physical political file consistent with existing
requirements. The FNPRM invites comment on this proposal.
14. Political Files. Applying the full array of political
programming requirements to program originating FM booster stations
raises several additional issues on which the FNPRM seeks comment.
First, it asks how licensees should comply with the political file
requirements in 47 CFR 73.1943 and 47 U.S.C. 315(e) for program
originating booster stations. For example, these sections require
commercial licensees to maintain online political files for requests
for the purchase of broadcast time by or on behalf of all legally
qualified candidates for public office and by or on behalf of issues
advertisers whose ads communicate a message relating to any political
matter of national importance. The requirement applies to both full
service noncommercial stations and LPFM stations to the extent that
they make time available without charge for use by a candidate. What is
the best location for records of such commercial and noncommercial use
of broadcast time on a program originating booster station? The FNPRM
notes that booster stations are not required to maintain a public file.
Should records of political use of broadcast time on a program
originating booster station be commingled with records of requests for
the use of broadcast time on the licensee's primary station so long as
they are appropriately labeled to identify the station on which the use
was made? Alternatively, should licensees be required to create a
political file subfolder for each of its booster stations into which it
would place records of requests for the purchase or free use of
broadcast time?
15. Would candidates and members of the public know that a
political message
[[Page 26850]]
that they have heard originated on a booster station (as opposed to the
licensee's primary station) and know where to locate records of the
message in the station's political file? How should LPFM stations,
which are not currently required to have an online public inspection
file, keep publicly available records of political use of their program
originating boosters? For example, should they keep a physical file for
the booster with the LPFM station's files consistent with requirements
for political use of the LPFM station? The Commission invites comment
on all of these questions and any additional issues that follow from
requiring licensees to maintain records of requests for the purchase of
political time and of time made available without charge for use by a
candidate on their program originating booster stations.
16. Equal Opportunities. Targeted advertising also raises questions
about how licensees should comply with obligations related to equal
opportunities. Under 47 CFR 73.1941 and 47 U.S.C. 315(a), if a licensee
permits a legally qualified candidate for any public office to use its
station, it must, with some exceptions, permit all other legally
qualified candidates for the same office to also use its station.
Should candidates who are requesting equal opportunities in response to
an advertisement or noncommercial announcement that was broadcast on a
particular program originating booster station be entitled to use only
that booster station, essentially treating individual booster stations
and a licensee's primary station as separate facilities for equal
opportunities purposes?
17. Reasonable Access. Similar questions arise with respect to how
licensees should entertain requests for reasonable access by Federal
candidates on program originating booster stations. Under 47 CFR
73.1944 and 47 U.S.C. 312(a)(7), commercial broadcast stations must
permit candidates for Federal office to purchase reasonable amounts of
advertising time. In determining what is ``reasonable'' for reasonable
access purposes, should licensees treat their program originating
booster and primary stations as separate facilities? For example,
should the amount of time that a Federal candidate has purchased on a
licensee's primary station affect the amount of time to which the same
candidate is entitled to purchase on one of the licensee's program
originating booster stations, and vice versa?
18. Candidate Rates. Program originating booster stations raise
additional questions about how licensees should apply candidate rates.
Pursuant to 47 CFR 73.1942 and 47 U.S.C 315(b), during the 45-day
period preceding a primary or primary run-off election, and the 60 day
period preceding a general or special election, stations must charge
candidates in connection with their campaigns no more than the
station's lowest unit charge for the same class and amount of time
during the same period. In determining lowest unit charges, should
licensees treat their program originating booster stations and primary
stations as separate facilities? Is it reasonable to expect that the
lowest unit rates on a licensee's program originating booster station
would be different from the lowest unit rates on its primary station?
Licensing Issues
19. The FNPRM also seeks comment on whether to require vendors of
program originating technology and patent owners in program originating
technology to abide by the Commission's patent policy or any other
guidelines common to open standards, which require that licenses be
available to all parties on fair, reasonable and nondiscriminatory
terms. Would such a step be necessary or an appropriate exercise of
Commission authority in light of the fact that the Report and Order
does not endorse a particular technical approach? Parties suggesting
that we do consider any requirements should provide detailed
information, including how long such requirements should last and our
authority to adopt such requirements.
Other Safeguards
20. Are there any other non-technical safeguards on program
originating boosters that might be useful? For example, two members of
Congress who support geo-targeted content, nevertheless suggest that
the Commission should consider requiring licensees of program
originating boosters to certify that they are being responsive to needs
and issues of their service areas, especially minority communities.
This appears to be a response to concerns of a non-technical nature,
such as the potential for redlining by advertisers or licensees.
Although the Commission finds no current evidence of factors to cause
redlining, it seeks comment on whether a safeguard in the form of a
reporting condition might generally be useful to address non-technical
concerns. If so, what information should licensees certify to, and how
often?
Digital Equity and Inclusion
21. The Commission, as part of its continuing effort to advance
digital equity for all, including people of color, persons with
disabilities, persons who live in rural or Tribal areas, and others who
are or have been historically underserved, marginalized, or adversely
affected by persistent poverty or inequality, invites comment on any
equity-related considerations and benefits (if any) that may be
associated with the proposals and issues discussed herein.
Specifically, it seeks comment on how the FNPRM's proposals may promote
or inhibit advances in diversity, equity, inclusion, and accessibility,
as well the scope of the Commission's relevant legal authority.
22. The Commission will send a copy of the FNPRM including the
IRFA, to the Chief Counsel for Advocacy of the SBA. A copy of this
FNPRM and IRFA (or summaries thereof) will also be published in the
Federal Register.
Initial Regulatory Flexibility Act Analysis
23. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Federal Communications Commission (Commission) has
prepared this Initial Regulatory Flexibility Act Analysis (IRFA) of the
possible significant economic impact on a substantial number of small
entities by the policies and rules proposed in the FNPRM. Written
public comments are requested on this IRFA. Comments must be identified
as responses to the IRFA and must be filed by the deadlines for
comments specified in the DATES section of this FNPRM. The Commission
will send a copy of the FNPRM, including this IRFA, to the Chief
Counsel for Advocacy of the Small Business Administration (SBA). In
addition, the FNPRM and IRFA (or summaries thereof) will be published
in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
24. The FNPRM seeks further comment on processing, licensing, and
service rules for program originating FM booster stations, or program
originating boosters, which provide targeted programming to specific
areas within their primary FM stations' service areas. Through the
FNPRM, the Commission sets out a number of proposed changes to the
rules, detailed in Appendix C, and seeks comment on these proposed rule
changes.
25. In the FNPRM, the Commission proposes to retain the requirement
that a booster station may cause only limited interference to its
primary station's signal, but also proposes to eliminate the current
rule provision barring any interference to the primary station's
[[Page 26851]]
signal within the boundaries of the community of license. Additionally,
the Commission proposes a notification requirement in which licensees
of authorized booster stations will be required to file a notification
of their intention to originate programming rather than implementing a
separate application process for boosters that originate programming
that could introduce greater delay for broadcasters seeking to operate
such booster stations. The Commission also asks whether it should
codify technical specifications for synchronization of the program
originating booster's signal with that of the FM primary station, as
well as whether imposing such a requirement would be an unnecessary
burden on broadcasters.
26. In the Report and Order, we required program originating
boosters to receive and broadcast all emergency alerts in the same
manner as their primary station, by codifying this requirement through
an amendment of Sec. 11.11 of the rules (47 CFR 11.11). The FNPRM
seeks comment regarding whether any additional requirements will be
needed regarding the interaction of program originating boosters and
the Emergency Alert System (EAS).
27. Additionally, the Commission proposes to add a new section to
the rules (47 CFR 74.1206) requiring that a program originating booster
formally notify the Commission through the Media Bureau's Licensing and
Management System (LMS) of the commencement and suspension of
operations. Other proposed rule additions and amendments include a
requirement that a program originating booster suspend operations when
its FM primary station suspends operations, and to so notify the
Commission. The FNPRM also proposes that the programming originated by
an FM booster station must conform to that broadcast by the FM primary
station, e.g., a booster re-transmitting a noncommercial educational
(NCE) FM station may also only broadcast NCE content. The FNPRM also
seeks comment on whether information collected in the proposed FM
Booster Notification constitutes ``data assets'' for purposes of the
OPEN Government Data Act and, if so, whether the collected information
constitutes ``public data assets.''
28. The Commission further proposes to amend 47 CFR 74.1232(g) to
limit each full-service FM station to using up to 25 FM booster
stations. This cap represents a change from the current rule, which
imposes no numerical limit on FM booster stations. This proposal is
based on the decision in the Report and Order that a limit on the
number of boosters a station can operate is needed to ensure that an
increase in booster stations resulting from our decision to authorize
program originating boosters is consistent with the Local Community
Radio Act of 2010 (LCRA).
29. The FNPRM also addresses issues regarding political
broadcasting. To the extent that political advertising may be broadcast
over a program originating booster, the Commission proposes that such a
booster station must follow all of the Commission's political
broadcasting rules. These would include rules requiring the maintenance
of an online political file, provision of equal opportunity and
reasonable access to political candidates, and limiting the rates
charged to political candidates for airtime. Finally, the FNPRM also
asks whether vendors of these technologies should abide by the
Commission's patent policy or any other guidelines common to open
standards, which require that licenses be available to all parties on
fair, reasonable, and nondiscriminatory terms.
B. Legal Basis
30. The proposed action is authorized pursuant to sections 1, 2,
4(i), 7, 301, 302, 303, 307, 308, 309, 316, 319, 324, and 403 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 157, 301,
302, 303, 307, 308, 309, 316, 319, 324, and 403.
C. Description and Estimate of the Number of Small Entities To Which
the Proposed Rules Will Apply
31. The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act (SBA). 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.
32. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. Our actions, over time, may affect small entities that
are not easily categorized at present. We therefore, describe three
broad groups of small entities that could be directly affected herein.
First, while there are industry specific size standards for small
businesses that are used in the regulatory flexibility analysis,
according to data from the Small Business Administration's (SBA) Office
of Advocacy, in general a small business is an independent business
having fewer than 500 employees. These types of small businesses
represent 99.9% of all businesses in the United States, which
translates to 33.2 million businesses.
33. Next, the type of small entity described as a ``small
organization'' is generally ``any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.''
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000
or less to delineate its annual electronic filing requirements for
small exempt organizations. Nationwide, for tax year 2020, there were
approximately 447,689 small exempt organizations in the U.S. reporting
revenues of $50,000 or less according to the registration and tax data
for exempt organizations available from the IRS.
34. Finally, the small entity described as a ``small governmental
jurisdiction'' is defined generally as ``governments of cities,
counties, towns, townships, villages, school districts, or special
districts, with a population of less than fifty thousand.'' U.S. Census
Bureau data from the 2017 Census of Governments indicate there were
90,075 local governmental jurisdictions consisting of general purpose
governments and special purpose governments in the United States. Of
this number, there were 36,931 general purpose governments (county,
municipal, and town or township) with populations of less than 50,000
and 12,040 special purpose governments--independent school districts
with enrollment populations of less than 50,000. Accordingly, based on
the 2017 U.S. Census of Governments data, we estimate that at least
48,971 entities fall into the category of ``small governmental
jurisdictions.''
35. 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. 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. Based on this data and the SBA's small business size
standard, we estimate a majority of such entities are small entities.
[[Page 26852]]
36. 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 all of
these entities qualify as small entities under the above SBA small
business size standard.
37. 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 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.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
38. The FNPRM proposes modified reporting requirements that, if
adopted, may impact compliance requirements for small entities. The
Commission seeks comment on whether FM licensees and permittees
employing program originating boosters should provide notice through
the Licensing and Management System (LMS) prior to commencing program
origination, and whether it should similarly provide LMS notice when
suspending operations. Should the Commission ultimately decide to adopt
these requirements, they would likely result in a modified paperwork
obligation for small and other entities. The Commission will have to
consider the benefits and costs of allowing program originating booster
licensees to submit certain notifications in LMS. If adopted, the
Commission will seek approval of and submit the corresponding burden
estimates to account for this modified reporting requirement.
Additionally, small entities may determine they will need to hire
professionals to comply with the rule changes proposed in the FNPRM, if
adopted. We expect the comments we receive from the parties in the
proceeding, including cost and benefit analyses, will help the
Commission to identify and evaluate compliance costs and burdens for
small businesses that may result from the proposed rules and additional
matters discussed in the FNPRM.
E. Steps Taken To Minimize the Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
39. The RFA requires an agency to describe any significant
alternatives, specifically for small businesses, 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 such 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 such small
entities.''
40. The Commission has sought to minimize the economic impact on
small entities, as well as consider significant alternatives and weigh
their potential impact to those entities. In the FNPRM, we take the
step of proposing to modify rules to facilitate limited program
origination by FM booster stations.
41. In addition, the FNPRM seeks to avoid imposing additional
burdens on small radio stations where practicable. For example, the
FNPRM proposes to add a new Sec. 74.1206 to the rules, which would
prescribe LMS notification of the commencement or suspension of program
originating booster service. The majority of Commission notifications
in the media services are delivered through LMS, which is less
burdensome than requiring separate mail or electronic mail
notification. Further, our proposed rule also simplifies notification
and certification requirements for broadcasters that permanently
discontinue originating programming on a booster to file a notification
of termination within 30 days. We believe that unlike other
alternatives for compliance, this approach will provide adequate notice
to the Commission while minimizing the regulatory burden for broadcast
stations.
42. At this time, the Commission does not have supporting data to
determine if there will or will not be an economic impact on small
businesses as a result of the proposed rule amendments and/or
additions. To assist in the Commission's evaluation of the economic
impact on small entities, as a result of actions that have been
proposed in the FNPRM, and to better explore options and alternatives,
the Commission has sought comment from the parties. In particular, the
Commission seeks comment on whether any of the burdens associated with
the filing, recordkeeping and reporting requirements described above
can be minimized for small entities. Additionally, the Commission seeks
comment on whether any potential costs associated with our FM Booster
Station requirements can be alleviated for small entities. The
Commission expects to more fully consider the economic impact and
alternatives for small entities following the review of comments filed
in response to the FNPRM.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
43. None.
Ordering Clauses
44. It is further ordered that, pursuant to sections 1, 2, 4(i), 7,
301, 302, 303, 307, 308, 309, 316, 319, 324, and 403 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 157, 301,
302, 303, 307, 308, 309, 316, 319, 324,
[[Page 26853]]
and 403, the Further Notice of Proposed Rule Making is adopted.
44. It is further ordered that, pursuant to applicable procedures
set forth in Sec. Sec. 1.415 and 1.419 of the Commission's rules, 47
CFR 1.415, 1.419, interested parties may file comments on the further
notice of proposed rulemaking in MB Docket No. 20-401 on or before
thirty (30) days after publication in the Federal Register and reply
comments on or before sixty (60) days after publication in the Federal
Register.
List of Subjects in 47 CFR Part 73 and 74
Communications equipment, Radio, Reporting and recordkeeping
requirements.
Federal Communications Commission.
Marlene Dortch,
Secretary.
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 73 and 74 as
follows:
PART 73--RADIO BROADCAST SERVICES
0
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
336, 339.
0
2. Revise Sec. 73.801 to read as follows:
Sec. 73.801 Broadcast regulations applicable to LPFM stations.
The following rules are applicable to LPFM stations:
(a) Part 11--Emergency Alert System (EAS).
(1) Section 11.11 The Emergency Alert System (EAS).
(2) [Reserved]
(b) Part 73--Radio Broadcast Services.
(1) Section 73.201 Numerical definition of FM broadcast channels.
(2) Section 73.220 Restrictions on use of channels.
(3) Section 73.267 Determining operating power.
(4) Section 73.277 Permissible transmissions.
(5) Section 73.297 FM stereophonic sound broadcasting.
(6) Section 73.310 FM technical definitions.
(7) Section 73.312 Topographic data.
(8) Section 73.318 FM blanketing interference.
(9) Section 73.322 FM stereophonic sound transmission standards.
(10) Section 73.333 Engineering charts.
(11) Section 73.503 Licensing requirements and service.
(12) Section 73.508 Standards of good engineering practice.
(13) Section 73.593 Subsidiary communications services.
(14) Section 73.1015 Truthful written statements and responses to
Commission inquiries and correspondence.
(15) Section 73.1030 Notifications concerning interference to radio
astronomy, research and receiving installations.
(16) Section 73.1201 Station identification.
(17) Section 73.1206 Broadcast of telephone conversations.
(18) Section 73.1207 Rebroadcasts.
(19) Section 73.1208 Broadcast of taped, filmed, or recorded
material.
(20) Section 73.1210 TV/FM dual-language broadcasting in Puerto
Rico.
(21) Section 73.1211 Broadcast of lottery information.
(22) Section 73.1212 Sponsorship identification; list retention;
related requirements.
(23) Section 73.1213 Antenna structure, marking and lighting.
(24) Section 73.1216 Licensee-conducted contests.
(25) Section 73.1217 Broadcast hoaxes.
(26) Section 73.1250 Broadcasting emergency information.
(27) Section 73.1300 Unattended station operation.
(28) Section 73.1400 Transmission system monitoring and control.
(29) Section 73.1520 Operation for tests and maintenance.
(30) Section 73.1540 Carrier frequency measurements.
(31) Section 73.1545 Carrier frequency departure tolerances.
(32) Section 73.1570 Modulation levels: AM, FM, and TV aural.
(33) Section 73.1580 Transmission system inspections.
(34) Section 73.1610 Equipment tests.
(35) Section 73.1620 Program tests.
(36) Section 73.1650 International agreements.
(37) Section 73.1660 Acceptability of broadcast transmitters.
(38) Section 73.1665 Main transmitters.
(39) Section 73.1692 Broadcast station construction near or
installation on an AM broadcast tower.
(40) Section 73.1745 Unauthorized operation.
(41) Section 73.1750 Discontinuance of operation.
(42) Section 73.1920 Personal attacks.
(43) Section 73.1940 Legally qualified candidates for public
office.
(44) Section 73.1941 Equal opportunities.
(45) Section 73.1943 Political file.
(46) Section 73.1944 Reasonable access.
(47) Section 73.3511 Applications required.
(48) Section 73.3512 Where to file; number of copies.
(49) Section 73.3513 Signing of applications.
(50) Section 73.3514 Content of applications.
(51) Section 73.3516 Specification of facilities.
(52) Section 73.3517 Contingent applications.
(53) Section 73.3518 Inconsistent or conflicting applications.
(54) Section 73.3519 Repetitious applications.
(55) Section 73.3520 Multiple applications.
(56) Section 73.3525 Agreements for removing application conflicts.
(57) Section 73.3539 Application for renewal of license.
(58) Section 73.3542 Application for emergency authorization.
(59) Section 73.3545 Application for permit to deliver programs to
foreign stations.
(60) Section 73.3550 Requests for new or modified call sign
assignments.
(61) Section 73.3561 Staff consideration of applications requiring
Commission consideration.
(62) Section 73.3562 Staff consideration of applications not
requiring action by the Commission.
(63) Section 73.3566 Defective applications.
(64) Section 73.3568 Dismissal of applications.
(65) Section 73.3580 Local public notice of filing of broadcast
applications.
(66) Section 73.3584 Procedure for filing petitions to deny.
(67) Section 73.3587 Procedure for filing informal objections.
(68) Section 73.3588 Dismissal of petitions to deny or withdrawal
of informal objections.
(69) Section 73.3589 Threats to file petitions to deny or informal
objections.
(70) Section 73.3591 Grants without hearing.
(71) Section 73.3593 Designation for hearing.
(72) Section 73.3598 Period of construction.
(73) Section 73.3599 Forfeiture of construction permit.
(74) Section 73.3999 Enforcement of 18 U.S.C. 1464 (restrictions on
the transmission of obscene and indecent material).
(c) Part 74--Experimental Radio, Auxiliary, Special Broadcast and
Other Program Distributional Services.
(1) Section 74.1201 Definitions.
(2) Section 74.1203 Interference.
(3) Section 74.1206 Program originating FM booster station
notifications.
[[Page 26854]]
(4) Section 74.1231 Purpose and permissible service.
(5) Section 74.1232 Eligibility and licensing requirements.
(6) Section 74.1290 Political programming rules applicable to
program originating FM booster stations.
0
3. Amend Sec. 73.3526 by adding paragraph (a)(3) to read as follows:
Sec. 73.3526 Online public inspection file of commercial stations.
(a) * * *
(3) Every permittee or licensee of a program originating FM booster
station, as defined in Sec. 74.1201(f)(2) of this chapter, shall
maintain in the political file of its primary station the records
required in Sec. 73.1943 of this part for each such program
originating FM booster station.
* * * * *
0
4. Amend Sec. 73.3527 by adding paragraph (a)(3) to read as follows:
Sec. 73.3527 Online public inspection file of noncommercial
educational stations.
(a) * * *
(3) Every permittee or licensee of a program originating FM booster
station, as defined in Sec. 74.1201(f)(2) of this chapter, in the
noncommercial educational broadcast service shall maintain in the
political file of its primary station the records required in Sec.
73.1943 of this part for each such program originating FM booster
station.
* * * * *
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. 74.1204 by
0
a. Removing the Note to paragraph (a)(4);
0
b. Adding paragraph (a)(5); and
0
c. Revising paragraphs (f) and (i).
The revisions and addition read as follows:
Sec. 74.1204 Protection of FM broadcast, FM Translator and LP100
stations.
(a) * * *
(5) For the purposes of determining overlap pursuant to this
paragraph, LP100 stations, LPFM applications, and LPFM permits that
have not yet been licensed must be considered as operating with the
maximum permitted facilities. All LPFM TIS stations must be protected
on the basis of a nondirectional antenna.
* * * * *
(f)(1) An application for an FM translator station will not be
granted even though the proposed operation would not involve overlap of
field strength contours with any other station, as set forth in
paragraph (a) of this section, if grant of the authorization will
result in interference to the reception of a regularly used, off-the-
air signal of any authorized co-channel, first, second or third
adjacent channel broadcast station, including previously authorized
secondary service stations within the 45 dB[micro] field strength
contour of the desired station.
(2) An application for an FM broadcast booster station will not be
granted even though the proposed operation would not involve overlap of
field strength contours with any other station, as set forth in
paragraph (i) of this section, if grant of the authorization will
result in interference to the reception of a regularly used, off-the-
air signal of any authorized co-channel, first, second or third
adjacent channel broadcast station, other than the booster's primary
station, but including previously authorized secondary service stations
within the 45 dB[micro] field strength contour of the desired station.
(3) Interference, with regard to either an FM translator station or
an FM broadcast booster station application, is demonstrated by:
(i) The required minimum number of valid listener complaints as
determined using Table 1 to Sec. 74.1203(a)(3) of this part and
defined in Sec. 74.1201(k) of this part;
(ii) A map plotting the specific location of the alleged
interference in relation to the complaining station's 45 dB[micro]
contour;
(iii) A statement that the complaining station is operating within
its licensed parameters;
(iv) A statement that the complaining station licensee has used
commercially reasonable efforts to inform the relevant translator or
booster licensee of the claimed interference and attempted private
resolution; and
(v) U/D data demonstrating that at each listener location the
undesired to desired signal strength exceeds -20 dB for co-channel
situations, -6 dB for first-adjacent channel situations or 40 dB for
second- or third-adjacent channel situations, calculated using the
methodology set out in paragraph (b) of this section.
* * * * *
(i) FM broadcast booster stations shall be subject to the
requirement that the signal of any first adjacent channel station must
exceed the signal of the booster station by 6 dB at all points within
the protected contour of any first adjacent channel station, except
that in the case of FM stations on adjacent channels at spacings that
do not meet the minimum distance separations specified in Sec. 73.207
of this chapter, the signal of any first adjacent channel station must
exceed the signal of the booster by 6 dB at any point within the
predicted interference free contour of the adjacent channel station.
* * * * *
0
7. Add Sec. 74.1206 to read as follows:
Sec. 74.1206 Program originating FM booster station notifications.
(a) A program originating FM booster station must electronically
file an FM Booster Program Origination Notification with the Commission
in LMS, before commencing or after terminating the broadcast of
booster-originated content subject to the provisions of Sec.
74.1201(f)(2) of this part. Such a notification must be filed within 15
days before commencing origination, or within 30 days after terminating
origination.
(b) Every FM Booster Program Origination Notification must include
the following information in machine-readable format:
(1) The call sign and facility identification number of the program
originating FM booster station;
(2) If applicable, the date on which the program originating FM
booster station will commence or has terminated originating content;
(3) The name and telephone number of a technical representative the
Commission or the public can contact in the event of interference;
(4) A certification that the program originating FM booster station
complies with all Emergency Alert System (EAS) requirements in part 11
of this chapter;
(5) A certification that the program originating FM booster station
will originate programming for no more than three minutes of each
broadcast hour; and
(6) A certification that the program originating FM booster station
has been properly synchronized to minimize interference to the primary
station.
0
8. Amend Sec. 74.1231 by revising paragraph (j) and adding paragraph
(k) to read as follows:
Sec. 74.1231 Purpose and permissible service.
* * * * *
(j) In the case of a superpowered 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
[[Page 26855]]
station being rebroadcast as predicted based on the maximum facilities
set forth in Sec. 73.211 for the applicable class of FM broadcast
station being rebroadcast.
(k) An FM broadcast booster station, as defined in Sec.
74.1201(f)(1) or (f)(2) of this part, must suspend operations at any
time its primary station is not operating. If a full-service FM
broadcast station suspends operations, in addition to giving the
notification specified in Sec. 73.1740(a)(4) of this chapter, each FM
broadcast booster station and program originating FM booster station
must also file a notification under Sec. 73.1740(a)(4) of this chapter
that it has suspended operations.
0
9. Amend Sec. 74.1232 by revising the first sentence of paragraph (g),
redesignating paragraph (h) as paragraph (i), and adding new paragraph
(h). The revision and addition read as follows:
Sec. 74.1232 Eligibility and licensing requirements.
* * * * *
(g) No numerical limit is placed upon the number of FM booster
stations which may be licensed to a single licensee. No more than
twenty five (25) program originating FM booster stations may be
licensed to a single full-service FM broadcast station. * * *
(h) A program originating FM booster station, when originating
programming pursuant to the limits set forth in Sec. 74.1201(f)(2) of
this part, may not broadcast programming that is not permitted by its
primary station's authorization (e.g., a program originating FM booster
station licensed to a noncommercial educational primary station may
only originate programming consistent with Sec. 73.503 of this
chapter).
* * * * *
0
10. Add Sec. 74.1290 to read as follows:
Sec. 74.1290 Political programming rules applicable to program
originating FM booster stations.
To the extent a program originating FM booster station originates
programming different than that broadcast by its primary station,
pursuant to the limits set forth in Sec. 74.1201(f)(2) of this part,
it shall comply with the requirements in Sec. Sec. 73.1212
(Sponsorship identification), 73.1940 (Legally qualified candidates for
public office), 73.1941 (Equal opportunities), 73.1942 (Candidate
rates), 73.1943 (Political file), and 73.1944 (Reasonable access), of
this chapter.
[FR Doc. 2024-07911 Filed 4-15-24; 8:45 am]
BILLING CODE 6712-01-P