81_FR_2762 81 FR 2751 - Revitalization of the AM Radio Service

81 FR 2751 - Revitalization of the AM Radio Service

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 81, Issue 11 (January 19, 2016)

Page Range2751-2760
FR Document2015-31950

In this document, the Commission adopted a number of procedures and procedural changes designed to assist AM broadcasters to better serve the public, thereby advancing the Commission's fundamental goals of localism, competition, and diversity in broadcast media.

Federal Register, Volume 81 Issue 11 (Tuesday, January 19, 2016)
[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Rules and Regulations]
[Pages 2751-2760]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31950]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 13-249; FCC 15-142]


Revitalization of the AM Radio Service

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission adopted a number of 
procedures and procedural changes designed to assist AM broadcasters to 
better serve the public, thereby advancing the Commission's fundamental 
goals of localism, competition, and diversity in broadcast media.

DATES: Effective February 18, 2016, except for the amendment to 47 CFR 
73.1560, which contains new or modified information collection 
requirements that require approval by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act (PRA), and which will 
become effective after the Commission publishes a document in the 
Federal Register announcing such approval and the relevant effective 
date.

FOR FURTHER INFORMATION CONTACT: Peter Doyle, Chief, Media Bureau, 
Audio Division, (202) 418-2700 or Peter.Doyle@fcc.gov; Thomas 
Nessinger, Senior Counsel, Media Bureau, Audio Division, (202) 418-2700 
or Thomas.Nessinger@fcc.gov. For additional information concerning the 
Paperwork Reduction Act information

[[Page 2752]]

collection requirements contained in this document, contact Cathy 
Williams at 202-418-2918, or via the Internet at 
Cathy.Williams@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's First 
Report and Order (First R&O), FCC 15-142, adopted October 21, 2015, and 
released October 23, 2015. The full text of the First R&O is available 
for inspection and copying during regular business hours in the FCC 
Reference Center, 445 Twelfth Street SW., Room CY-A257, Portals II, 
Washington, DC 20554. 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 and 
Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 
(TTY).

Paperwork Reduction Act of 1995 Analysis

    This First Report and Order (First R&O) adopts new or revised 
information collection requirements, subject to the Paperwork Reduction 
Act of 1995 (PRA) (Pub. L. 104-13, 109 Stat 163 (1995) (codified in 44 
U.S.C. 3501-3520)). These information collection requirements were 
submitted to the Office of Management and Budget (OMB) for review under 
Section 3507(d) of the PRA. The Commission received OMB preapproval for 
the information collection requirements on January 28, 2014. The 
information collection requirements were adopted as proposed. The 
Commission will activate the burden hours in OMB's inventory. These 
information collection requirements are preapproved under OMB control 
number 3060-1194, Section 73.1560(a)(1) and FCC Form 338. In addition, 
we note that pursuant to the Small Business Paperwork Relief Act of 
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we previously 
sought specific comment on how the Commission might ``further reduce 
the information collection burden for small business concerns with 
fewer than 25 employees.''

Synopsis of Order

    1. With this First R&O, the Commission addresses the proposals set 
forth in the Notice of Proposed Rule Making in this proceeding, FCC 13-
139, 28 FCC Rcd 15221 (2013) (NPRM). The Commission proposed in the 
NPRM to open a one-time filing window, open to AM licensees and 
permittees only, to apply for and receive authorizations for one new FM 
translator station per AM station, for the sole and limited purpose of 
re-broadcasting the AM signal to provide fill-in and/or nighttime 
service. The Commission further proposed that such translator stations 
must strictly comply with the existing fill-in coverage area technical 
restrictions on FM translators re-broadcasting AM stations, that any 
translator acquired through this one-time window could be used only to 
re-broadcast the signal of the AM station acquiring it, and that such a 
translator could not be assigned or transferred except in conjunction 
with the commonly owned AM primary station. The Commission sought 
comment on this proposal and its limitations. The Commission opted to 
continue allowing so-called ``Mattoon waivers,'' which allow 
broadcasters to relocate FM translators intended to rebroadcast AM 
stations farther than would be allowed under the Commission's rules for 
minor modifications of translator stations.
    2. Although there was strong support for the AM-only new FM 
translator auction filing window proposed in the NPRM, the Commission 
found that there are issues that call into question whether it should 
limit the approach to opening such a window as proposed. Chief among 
its concerns was the time it would take for such a window to open. 
Commenters in this proceeding discuss the need for immediate relief, 
but given other auction commitments, the Commission determined that it 
is not possible at this time to provide such relief in the short term 
with a new FM translator station auction filing window. However, it is 
possible to provide short-term relief to AM broadcasters by providing a 
window where AM stations would be provided greater flexibility to move 
FM translators. This window would take advantage of the availability of 
existing FM translators that can be obtained by many AM broadcasters 
seeking to enhance their local service. Based upon a staff analysis of 
applications available in the Media Bureau's Consolidated Data Base 
System (CDBS), since 2003 the number of FM translator stations has 
increased by 65 percent (from approximately 3,800 to approximately 
6,300). This number is likely to grow in the next 12 to 18 months, as 
more FM translator permits are awarded from the Auction 83 filing 
window, to the point where there could be up to twice the number of 
translators that existed in 2003. Further, the secondary market for FM 
translator stations is robust: Since the Commission's 2009 decision to 
allow AM stations to be rebroadcast over FM translators, almost 4,000 
translators have changed hands, of which over 600 were sold to AM 
stations for use as cross-service fill-in translators. A staff review 
of ``stand alone'' FM translator assignment applications granted over 
the past year has determined that the vast majority of stations have 
sold for under $100,000, and a substantial majority of those for less 
than $50,000. Providing AM broadcasters with a greater opportunity to 
benefit from this secondary market will provide them with tangible and 
immediate relief. Accordingly, the Commission adopted a two-pronged 
approach to enable more AM stations to acquire FM translators. First, 
the Commission directed the Media Bureau to administer in 2016 a 
process where an AM licensee or permittee seeking to rebroadcast on an 
FM translator may acquire and relocate one and only one authorized non-
reserved band FM translator station up to 250 miles, and specify any 
rule-compliant non-reserved band FM channel, as a minor modification 
application. Second, the Commission directed the Media Bureau, in 
conjunction with the Wireless Telecommunications Bureau (Bureaus), to 
open new FM translator application auction windows, beginning in 2017, 
for AM stations that do not file a modification application in 2016. 
Class C and D stations will be able to take advantage of the 
modification window and the auction window first, prior to second 
windows that will be available to all classes.
    3. The Commission also asked in the NPRM whether, between expanding 
the number of FM translators eligible to re-broadcast AM stations and 
opening the window proposed in this proceeding, there would continue to 
be a need for so-called Mattoon waivers and, if not, when the policy of 
granting such waivers should be eliminated. Most commenters favored 
retention of Mattoon waivers, adoption of the proposed Tell City 
waivers and, for some cases, codifying the Mattoon waiver policy in our 
Rules. Although there has been and will likely continue to be an 
expansion of the number of FM translator stations available to 
rebroadcast AM stations, the decision to delay opening an exclusive AM-
new FM translator window in favor of opening a modification window may 
limit FM translator acquisition options for some AM licensees. Because 
of this, some flexibility in relocating such fill-in FM translators 
will continue to be necessary. The Mattoon waiver policy requires 
satisfaction of three criteria: (1) The applicant does not have a 
history of filing serial minor modification applications; (2) the 
proposed site is mutually exclusive with the licensed translator 
facility; and (3) the translator

[[Page 2753]]

will rebroadcast the proposed AM primary station for a period of four 
years of on-air operation, exclusive of silent periods, commencing with 
the initiation of on-air service at the new location. Under the 
circumstances, the Commission directed the Media Bureau to continue 
granting Mattoon waivers, including the four-year operating condition, 
in appropriate cases. Until and unless a different procedure is 
announced on review of the pending Tell City waiver case (Way Media, 
Inc., Letter, 29 FCC Rcd 11287, 11287 (MB 2014), review pending), 
however, the Mattoon waiver policy will not be extended beyond its 
current limits as described above, including as proposed by the Tell 
City applicant, except as discussed below for the limited purpose of 
the modification window adopted in this First R&O.
    4. Although the availability of existing and to-be-authorized FM 
translator stations and the use of Mattoon waivers should provide an 
ample supply of translators for fill-in use by many AM stations, the 
Commission recognized that the availability of such translator stations 
may not, in many cases, completely satisfy demand. Some AM broadcasters 
might enjoy a sufficient supply of translators that conform with 
Commission siting rules, while others may have more difficulty in 
locating potentially rule-compliant translators. Still other AM 
broadcasters, particularly those whose stations have limited power 
(Class C) or lack protected nighttime service (Class D), might need 
additional time to arrange the financing necessary to enter the market 
for an FM translator station. For this reason, the Commission directed 
the Media Bureau to announce, by Public Notice, two modification 
windows during which an AM licensee or permittee seeking to rebroadcast 
on an FM translator may, on a first-come, first-served basis, acquire 
and relocate one and only one authorized non-reserved band FM 
translator station up to 250 miles, and specify any rule-compliant non-
reserved band FM channel, as a minor modification application, 
notwithstanding 47 CFR 74.1233(a)(1), which defines major and minor 
modifications of FM translator facilities. This distance limitation is 
designed to substantially expand purchase options for AM stations, 
particularly those serving smaller markets and rural areas. It is also 
designed to not disrupt the current secondary market for translator 
authorizations.\1\ In this regard the Commission noted that spectrum 
congestion in the largest markets will significantly limit 
opportunities for translator station relocations. The Commission will 
accept applications to modify authorized FM translator stations that 
the AM station licensee or permittee either owns, for which it is the 
proposed assignee or transferee in a pending application (a proposed 
assignee or transferee may file in its own name an application to 
modify the subject translator authorization. See 47 CFR 73.3517(a)), or 
for which it has a rebroadcasting agreement. The Commission further 
directed the Bureau to open the first modification window for six 
months, and to make the first window available only to applications to 
modify and/or relocate FM translator stations rebroadcasting Class C 
and D AM stations, on a one translator per AM station basis. Class C 
and D stations, because of their limited power or lack of protected 
nighttime service, will benefit most from the acquisition of a cross-
service translator, and thus should be afforded the first opportunity 
to obtain one. The second window, to open at the end of the initial 
six-month window, would be open for an additional three-month period, 
and would be available to applications to modify and/or relocate FM 
translator stations rebroadcasting any AM station of any class, 
including Class C and D stations that did not file an application in 
the initial window, also on a one translator per AM station basis. In 
return for this one-time rule waiver, the Media Bureau was directed to 
impose on translators relocated and/or modified using the waiver the 
same four-year operating condition currently attached to FM translators 
relocated using Mattoon waivers. Thus, the modified FM translator must 
rebroadcast the FM translator modification applicant's specified AM 
primary station for a period of four years of on-air operation, 
exclusive of silent periods, commencing with the initiation of on-air 
service at the new location. The Commission also directed the Media 
Bureau to expeditiously initiate a three-month outreach effort to 
promote Class C and Class D participation in this modification window 
filing process; to develop, as practicable, technical tools similar to 
those created for the LPFM window to assess spectrum availability and 
potential FM translator acquisition options; and to establish 
streamlined procedures for handling inquiries from the AM and FM 
translator broadcast community. The modification windows are to be 
opened upon completion of this outreach.\2\
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    \1\ A substantial majority of the approximately 1300 outstanding 
Auction 83 construction permits are scheduled to expire in 2016. 
Modification applicants in one of these two modification windows may 
seek waivers of these construction deadlines. See 47 CFR 1.3. 
Waivers can expand cross-service broadcasting opportunities for AM 
stations, will allow AM licensees to realize service improvements 
quickly, will incentivize FM translator permittee participation in 
the modification window process, and will provide a means to avoid 
the delays and administrative burdens of re-auctioning this 
spectrum. Accordingly, the Commission found that a waiver of an 
Auction 83 FM translator construction deadline is presumptively in 
the public interest for applicants participating in one of the 
modification windows, provided that the AM station licensee 
proposing to use the FM translator for rebroadcasting its AM station 
commits to prompt FM translator station construction and initiation 
of broadcast operations.
    \2\ The pending Tell City waiver request could likely qualify 
for processing under the waiver procedures announced herein. 
However, in order to promote a fair process for all AM stations in 
reallocating FM translator spectrum, including to spectrum limited 
markets, the Commission will not afford that proposal cut-off rights 
over other filings. The Commission also directed the Media Bureau to 
dismiss, without further consideration, waiver requests filed prior 
to and in anticipation of the opening of the modification 
application filing windows.
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    5. The modification windows, as noted above, can provide near-term 
relief to AM broadcasters. However, some AM stations may not be 
successful in locating translators, notwithstanding the availability of 
rule-compliant FM translator channels in their communities. Therefore, 
to further promote the long-term viability of the AM service, the 
Commission also directed the Bureaus to open two new FM translator 
application auction windows, beginning in 2017,\3\ for those AM 
licensees and permittees that do not participate, i.e., file an 
application, in one of the modification windows.\4\ The first FM 
translator auction window, as with the initial modification window, 
shall be limited to Class C and D AM

[[Page 2754]]

permittees and licensees that have not participated in either 
modification window. The second FM translator auction window, to be 
opened as soon as possible after the first window has closed and 
applicants in the first window have had an opportunity to resolve 
mutual exclusivity through settlement or technical resolution, will be 
open to all AM permittees and licensees that have not participated in 
any of the prior modification or auction windows. The Commission 
believed that the threshold qualification of affording relief first to 
Class C and D stations, with limited power or no protected nighttime 
service, represented the best approach among the many proposed by 
commenters. The FM translator auction windows will otherwise follow the 
NPRM proposal, insofar as participation will be limited to AM 
permittees and licensees, each applicant may apply for one and only one 
translator station that must comply with Commission siting rules for FM 
fill-in translators rebroadcasting AM stations, and any translator 
acquired through the FM translator auction windows will be permanently 
linked to the AM primary station acquiring it. See NPRM, 28 FCC Rcd at 
15227. Just as in FM Translator Auction 83, these new FM translator 
auction windows will include opportunities for mutually exclusive 
applicants to resolve their mutual exclusivity through settlements or 
technical resolutions. See FM Translator Auction 83 Mutually Exclusive 
Applications Subject to Auction, Public Notice, 28 FCC Rcd 9716 (MB 
2013); 47 CFR 73.5002(c), (d).
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    \3\ In order to ensure the efficient processing of these auction 
applications, the Commission directed the Bureaus to undertake and 
complete all revisions to Form 175 necessary to collect the FM 
translator technical specifications, and also directed the Bureaus 
to hold an auction for all remaining mutually exclusive commercial 
Auction 83 applications following the completion of the Incentive 
Auction, Auction 1000, and prior to the first FM translator auction 
window.
    \4\ The NPRM proposed a ``one-to-a-customer'' FM translator 
window to provide limited, targeted relief to AM stations. See NPRM, 
28 FCC Rcd at 15228. Thus, the Commission declined to permit one 
class of eligible applicants to double the number of FM translator 
authorizations that they could acquire under these window 
procedures. Given the supply of translator authorizations, the 
palpable demand for FM translator licensees by other stakeholders, 
and the relief afforded by the modification windows, AM licensees 
and permittees will be eligible to participate in either one 
modification or one auction window, but not both. AM station 
assignments or transfers during the multi-window process will not 
create an opportunity for new owners to participate in an auction 
window when the former licensee participated in a modification 
window.
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    6. The Commission also adopted the NPRM proposal to modify the 
daytime community coverage requirement contained in 47 CFR 73.24(i), 
for existing licensed AM facilities only, to require that the daytime 5 
mV/m contour encompasses either 50 percent of the area, or 50 percent 
of the population of the principal community to be served. This rule 
modification is intended to provide relief to existing broadcasters--
some of which have held AM licenses for many decades--that may find 
themselves lacking the flexibility to relocate their transmission 
facilities in order to meet the rule's community coverage requirements, 
due to expansion of community boundaries and/or lack of available land 
to which to relocate antennas. However, in order to preserve the 
limited intent of this rule modification, the Commission authorized the 
Media Bureau to inquire into the facts justifying any modification that 
would reduce the percentage of community population or area coverage 
within the first four years of licensed on-air operation of the 
applicant station, exclusive of any periods of reduced operations or 
silence pursuant to special temporary authorizations. Should the Bureau 
find there is no compelling reason warranting reduced community 
coverage during this period, it may dismiss the modification 
application.
    7. Likewise, the Commission adopted the NPRM proposal to eliminate 
the nighttime community coverage requirement for existing licensed AM 
stations, and modify the nighttime community coverage requirement in 47 
CFR 73.24(i) to require that applicants for new AM stations and those 
AM stations seeking a change to their communities of license cover 
either 50 percent of the population or 50 percent of the area of the 
communities of license with a nighttime 5 mV/m signal or a nighttime 
interference-free contour, whichever value is higher. It declined to 
eliminate completely nighttime community of license coverage 
requirements for new AM stations and those changing community of 
license, as well as for permittees of unbuilt stations seeking to 
modify their authorizations, in the interest of striking the 
appropriate balance between the need to provide relief to AM 
broadcasters with few siting options (amplified by the added complexity 
of AM nighttime skywave signal propagation and concomitant signal 
restrictions), and the need to provide the community of license with 
some kind of service at night. As with the change to daytime community 
coverage requirements, the Commission instructed the Media Bureau to 
examine closely any request by a station to reduce nighttime community 
coverage during its first four years of licensed on-air operation, and 
granted the Bureau discretion to dismiss any such application absent a 
compelling reason warranting reduced nighttime service.
    8. The Commission proposed in the NPRM to delete the so-called 
``ratchet rule,'' which effectively requires that a Class A or B AM 
broadcaster, seeking to make facility changes that modify its AM 
signal, demonstrate that the improvements will result in an overall 
reduction in the amount of skywave interference that it causes to 
certain other AM stations (primarily by ``ratcheting back'' radiation 
in the direction of certain other AM stations). 47 CFR 73.182(q) n.1. 
Two engineering firms filed a 2009 petition to eliminate the ratchet 
rule, contending that the rule's practical effect was to discourage 
station improvements, because compliance with the rule more often than 
not required the modifying station to reduce power to the point that 
net nighttime interference-free (NIF) service was reduced. Most 
commenters supported this proposal. Accordingly, the Commission deleted 
the ratchet rule, as proposed in the NPRM, agreeing with the commenters 
that confirmed the rule's negative consequences recited in the NPRM, as 
well as with long- and short-term benefits identified by commenters, 
including cost reduction to AM broadcasters making station 
improvements, economic benefits to local AM stations and their 
communities served through expanded nighttime broadcasting and 
consequent expansion to local advertising platforms, and the ability of 
communities served by AM stations affected by the ratchet rule to 
receive information concerning local events, or emergencies at night, 
among others.
    9. In the NPRM, the Commission also proposed modifications to the 
rules affecting AM stations using Modulation Dependent Carrier Level 
(MDCL) control technologies. MDCL control technologies vary either the 
carrier or the carrier and sideband power levels as a function of the 
modulation level, thus allowing the licensee to reduce transmitter 
power consumption while maintaining audio quality and signal coverage. 
Both basic types of MDCL control technologies and various systems 
reduce the station's antenna input power to levels not permitted by 47 
CFR 73.1560(a). The Commission proposed to: (1) Amend 47 CFR 73.1560(a) 
of the Rules to provide that an AM station may commence MDCL control 
operation without prior Commission authority, provided that the AM 
station licensee notifies the Commission of the station's MDCL control 
operation within 10 days after commencement of such operation using the 
Media Bureau's Consolidated Database System (CDBS) Electronic Filing 
System; (2) require, regardless of the MDCL control technology 
employed, that the AM station's transmitter must achieve full licensed 
power at some audio input level, or when the MDCL control technology is 
disabled; and (3) require an AM station using MDCL control technology 
to disable it before field strength measurements on the station are 
taken by the licensee or others. Most commenters supported these 
proposals, although some noted that MDCL control technologies generally 
benefit only those AM stations using newer transmitters, which are the 
only ones with which MDCL control technologies are compatible. The 
Commission adopted the proposals as set forth in the NPRM. AM stations 
must electronically notify the Media Bureau

[[Page 2755]]

of the station's MDCL control operation within 10 days after 
commencement of such operation using FCC Form 338--AM Station MDCL 
Notification, available in the CDBS Electronic Filing System. The 
Commission declined to impose additional requirements regarding 
certification of third-party MDCL products, or any other rule changes 
with regard to MDCL operation. The Commission continues to hold 
broadcasters responsible for their signals, and for any interference 
resulting from those signals (interference that has not to this point 
been reported from those broadcasters currently employing MDCL control 
technologies). The Commission stated it would revisit this position if 
interference from third-party MDCL products were to become a problem, 
but noted that it would be up to the broadcaster employing such a 
product to remedy the situation should interference arise.
    10. In the NPRM the Commission discussed a proposal by the 
Multicultural Media, Telecom, and Internet Council (MMTC), in which 
MMTC argued for the elimination of the Commission's minimum efficiency 
standards for AM transmission systems (found in 47 CFR 73.182 and 
73.189), replacing them with a ``minimum radiation'' standard. In 
MMTC's view, the minimum efficiency standards hindered AM broadcasters, 
because they require a certain height antenna and length of ground 
radials for a station at a given frequency, causing difficulties in 
finding compliant sites for towers and ground systems. MMTC argued that 
an AM broadcaster should be able to use a less efficient--but also less 
space-intensive--transmission system, driving the system with more 
power to offset the lack of efficiency. The Commission observed in the 
NPRM that MMTC's proposal lacked specifics as to the appropriate 
replacement ``minimum radiation'' standard, noting that the Rules 
contained similar provisions for applicants seeking to avoid the 
minimum antenna efficiency standards. The Commission also stated that 
it did not believe the record was sufficiently developed to propose 
wholesale rule changes to the minimum antenna efficiency standards. In 
order to provide some relief to AM broadcasters finding it increasingly 
difficult to locate rule-compliant antenna sites, however, the 
Commission proposed to reduce the AM antenna efficiency standards by 25 
percent. The Commission also encouraged commenters to provide specifics 
as to any proposed replacement or alternative standard for AM 
transmission systems. Commenters, for the most part, expressed support 
for relaxing the AM efficiency standards, but did not provide the 
specificity requested in the NPRM. Additionally, several commenters 
offered cautions regarding potential problems with shorter, less 
efficient radiators, including decreased signal stability and increased 
skywave interference. The Commission therefore adopted the proposal as 
set forth in the NPRM, reducing the existing AM antenna efficiency 
standards by 25 percent as a means to provide relief to AM 
broadcasters. The Commission did, however, agree with some commenters 
who suggested that it should collect more real-world data on 
alternative and less-efficient AM transmission systems. Accordingly, 
the Commission also directed the Media Bureau to entertain requests by 
existing AM broadcasters for experimental authorizations to operate 
with antenna systems that do not meet the modified antenna efficiency 
rules, provided that they can establish that such operation will not 
increase interference to other domestic or international AM stations 
and can demonstrate the stability of such systems. Such applications 
may be made by informal application pursuant to 47 CFR 5.203, and shall 
be subject to the monitoring and reporting requirements in that section 
and such other conditions as the Media Bureau may require.

Final Regulatory Flexibility Analysis

    11. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), 5 U.S.C. 603, an Initial Regulatory Flexibility Analysis 
(IRFA) was incorporated in the NPRM to this proceeding (24 FCC Rcd 5239 
(2009)). The Commission sought written public comment on the proposals 
in the NPRM, including comment on the IRFA. The Commission received no 
comments on the IRFA. This Final Regulatory Flexibility Analysis (FRFA) 
conforms to the RFA (5 U.S.C. 604).

Need for, and Objectives of, the First Report and Order

    12. This First Report and Order (First R&O) adopts changes to 
certain technical rules and processes relating to the AM broadcast 
radio service. In the First R&O, the Commission modified daytime and 
nighttime community coverage requirements for certain AM stations; 
eliminated the so-called AM Ratchet Rule; adopted a new form 
notification procedure for stations implementing Modulation Dependent 
Carrier Level Control Technologies; and modified the rules relating to 
AM antenna system efficiency.
    13. In the First R&O, the Commission addressed issues raised in the 
NPRM. The Commission, in the NPRM, explained that it had not done a 
comprehensive review of the AM service in almost 25 years. Moreover, in 
the years since the last comprehensive review of the AM service, 
listenership had declined due to several factors, including: The 
introduction of new media with higher audio fidelity, such as CDs, 
digital media players, and FM digital radio; increased interference 
among AM stations; and increased interference from non-broadcast 
sources, such as computers, LED light bulbs, power supplies, and 
utility lines. Based in part on separate pleadings and petitions for 
rule making filed by stakeholders, the Commission in the NPRM outlined 
six proposals designed to offer assistance to AM broadcasters in light 
of the various difficulties surrounding the AM service.
    14. After considering the comments filed in response to the NPRM, 
the Commission determined that there were impediments to the immediate 
opening of a filing window limited to AM licensees and permittees 
wishing to obtain FM translator stations, including the time it would 
take to open such a window, and the wide availability of FM translator 
stations including the number expected to be authorized in the near 
future. It concluded that the correct approach, to offer near-term 
relief to AM broadcasters, was to open two windows allowing the 
modification and/or relocation of FM translators to rebroadcast AM 
stations. These windows would be preceded by a three-month period of 
outreach by the Media Bureau to AM stations with limited power and/or 
no protected nighttime service (Class C and D stations). Following this 
period of outreach, the Media Bureau will open a six-month window in 
which an AM station seeking to rebroadcast on an FM translator may, on 
a first-come, first-served basis, apply to acquire and relocate one and 
only one authorized non-reserved band FM translator station up to 250 
miles, and specify any rule-compliant non-reserved band FM channel, as 
a minor modification application notwithstanding 47 CFR 74.1233(a)(1), 
which defines major and minor modifications of FM translators. This 
first modification window will be available only to applications to 
modify and/or relocate an FM translator station rebroadcasting a Class 
C or D AM station, on a one translator per AM station basis. The first 
modification window will be followed by a second,

[[Page 2756]]

three-month modification window, open for applications to modify and/or 
relocate an FM translator rebroadcasting any AM station of any class, 
including a Class C or D station that did not participate (i.e., file 
an application) in the initial modification window, also on a one 
translator per AM station basis. FM translator stations modified and/or 
relocated during these modification windows will be subject to the same 
four-year operating condition currently attached to FM translators 
relocated using Mattoon waivers.
    15. To further promote the long-term viability of the AM service, 
the Commission also directed the Bureaus to open, in 2017 after 
completion of the Incentive Auction, Auction 1000, two auction windows 
for new FM translator stations to rebroadcast AM stations, open to AM 
licensees and permittees that did not file applications in either of 
the modification windows. As with the modification windows, the first 
new FM translator auction window will be limited to applications filed 
by licensees or permittees of Class C and D AM stations, on a one 
translator per station basis, that did not file applications in the 
modification windows. After close of the first new FM translator 
auction window, and after applicants in that window have had the 
opportunity to resolve mutual exclusivity through settlement or 
technical resolution, the Bureaus will open a second new FM translator 
auction window, which will be open to all AM licensees and permittees, 
of any class, that did not participate in either of the modification 
windows or the first auction window. The new FM translator auction 
windows will otherwise follow the proposal in the NPRM: Participation 
will be limited to AM licensees and permittees, each applicant may 
apply for one and only one translator station that must comply with our 
siting rules for FM fill-in translators rebroadcasting AM stations, and 
any translator acquired through the FM translator auction windows will 
be permanently linked to the AM primary station acquiring it. Both new 
FM translator auction windows will include opportunities for mutually 
exclusive applicants to resolve their mutual exclusivity through 
settlements or technical resolutions.
    16. In the NPRM, the Commission also proposed to change the daytime 
and nighttime community coverage requirements for AM stations. It noted 
that MMTC had filed a 2009 petition for rule making, which it styled a 
``Radio Rescue Petition,'' in which among other things it sought some 
flexibility in transmitter siting for AM stations. MMTC's reasoning was 
that some existing stations were unable to comply with the requirements 
that an AM station place a 5 mV/m daytime signal over at least 80 
percent of its community of license, and that at least 80 percent of 
the community of license be encompassed by either a 5 mV/m nighttime 
signal or an NIF signal (except in the case of Class D stations, which 
have no protected nighttime service). MMTC argued that, as communities 
grow and boundaries expand farther from an AM transmitter site, it 
becomes impossible for the station to comply with the community 
coverage rules, and further argued that scarcity of land suitable for 
AM transmission systems makes it difficult or impossible for such 
stations to find rule-compliant transmitter sites. MMTC thus suggested, 
and the Commission proposed, that the rule be changed to allow an 
existing AM station to cover only 50 percent of either the population 
or the area of its community of license with a 5 mV/m signal during the 
day, and to eliminate the community of license coverage requirement at 
night. Additionally, the Commission proposed to allow a new AM station 
or one changing its community of license to encompass only 50 percent 
of either the population or area of the community of license within its 
nighttime 5 mV/m contour or its NIF contour, whichever value is higher. 
Based on substantially favorable commenter support, the Commission 
adopted these proposals, adding the proviso that any request to utilize 
the new community coverage standards within the first four years of on-
air operations, exclusive of any periods of reduced operation or 
silence, would be met with increased scrutiny and granted only upon a 
compelling showing.
    17. The Commission also proposed, in the NPRM, to eliminate the so-
called ``ratchet rule.'' This rule required a Class A or B AM station 
proposing signal modifications to demonstrate an overall reduction in 
the amount of skywave interference it caused to other AM stations; in 
other words, the modifying station was required to ``ratchet back'' 
radiation in the direction of certain other AM stations. Two 
engineering firms filed a 2009 petition for rulemaking to eliminate the 
ratchet rule, claiming that the rule's practical effect was not, as 
intended, to reduce nighttime skywave interference, but rather to 
discourage station improvements and NIF service by the modifying 
station. The Commission adopted this proposal after near-universal 
approval by commenters. Likewise, there was little opposition in the 
comments to the NPRM proposal to allow AM stations to initiate MDCL 
control technologies by simply notifying the Commission, rather than 
seeking authorization to do so, as had been the procedure. MDCL control 
technologies vary a station's radiated power with carrier modulation, 
enabling power savings. The Commission adopted this proposal.
    18. The last of the proposals set forth in the NPRM was to modify 
the AM antenna efficiency standards set forth in the Commission's 
Rules. MMTC had, in its 2009 Radio Rescue Petition, argued that the 
Commission's long-standing rules mandating minimum lengths for AM 
radiators and ground systems, to assure efficient transmission, were 
outdated and limited AM stations' flexibility in choosing transmission 
system sites in an era of diminished property availability for such 
sites. MMTC suggested replacing the minimum efficiency standards with a 
``minimum radiation'' standard, its contention being that a station 
should be allowed to choose to operate a less efficient, less space-
intensive transmission system, making up for the lack of system 
efficiency by using more input power to the system to yield the same 
amount of radiated power. The Commission questioned some of the 
assumptions underlying MMTC's proposal, but agreed that some reduction 
in the antenna efficiency standards might provide some relief to AM 
broadcasters. Accordingly, the Commission proposed a 25 percent 
reduction in the antenna efficiency standards, and requested comment on 
the technical underpinnings to any further reduction in, or elimination 
of, those standards.

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

    19. There were no comments filed that specifically addressed the 
rules and policies proposed in the IRFA.

Description and Estimate of the Number of Small Entities to Which the 
Proposed Rules Will Apply

    20. The RFA directs the Commission to provide a description of and, 
where feasible, an estimate of the number of small entities that will 
be affected by the rules adopted herein. 5 U.S.C. 603(b)(3). The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' small organization,'' and ``small 
government jurisdiction.'' 5 U.S.C. 601(6). In addition, the term 
``small business'' has the same meaning as the term ``small business 
concern'' under

[[Page 2757]]

the Small Business Act. 5 U.S.C. 601(3) (incorporating by reference the 
definition of ``small business concern'' in 15 U.S.C. 632). A small 
business concern is one which: (1) Is independently owned and operated; 
(2) is not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA). 15 U.S.C. 632.
    21. The subject rules and policies potentially will apply to all AM 
radio broadcasting licensees and potential licensees. A radio 
broadcasting station is an establishment primarily engaged in 
broadcasting aural programs by radio to the public. 15 U.S.C. 632. 
Included in this industry are commercial, religious, educational, and 
other radio stations. Radio broadcasting stations which primarily are 
engaged in radio broadcasting and which produce radio program materials 
are similarly included. However, radio stations that are separate 
establishments and are primarily engaged in producing radio program 
material are classified under another NAICS number. The SBA has 
established a small business size standard for this category, which is: 
Firms having $38.5 million or less in annual receipts. 13 CFR 121.201, 
NAICS code 515112 (updated for inflation in 2008). According to the 
BIA/Kelsey, MEDIA Access Pro Database on October 15, 2015, 4,691 
(99.94%) of 4,694 AM radio stations have revenue of $38.5 million or 
less. Therefore, the majority of such entities are small entities. The 
Commission noted, however, that, in assessing whether a business 
concern qualifies as small under the above definition, business 
(control) affiliations must be included. 13 CFR 121.103(a)(1). 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.
    22. The proposed policies could affect licensees of FM translator 
stations, as well as potential licensees in this radio service. The 
same SBA definition that applies to radio broadcast licensees would 
apply to these stations. The SBA defines a radio broadcast station as a 
small business if such station has no more than $38.5 million in annual 
receipts. Currently, there are approximately 6,312 licensed FM 
translator and booster stations. In addition, there are approximately 
225 applicants with pending applications filed in the 2003 translator 
filing window. Given the nature of these services, the Commission will 
presume that all of these licensees and applicants qualify as small 
entities under the SBA definition.

Description of Projected Reporting, Record Keeping and Other Compliance 
Requirements

    23. As described, certain rules and procedures will change, 
although the changes will not result in substantial increases in 
burdens on applicants. The Commission has added a new form, FCC Form 
338, which an AM station must use to notify the Commission that it is 
initiating operation using MDCL control technologies. Use of FCC Form 
338, however, replaces the current procedure whereby an AM station 
makes a request to use MDCL control technologies. Use of the form is 
not only less burdensome than the previous request process, but enables 
the applicant to initiate MDCL operation immediately, rather than 
waiting for Commission approval. The remaining rule changes adopted in 
the First R&O are substantive and do not involve application changes, 
reporting requirements, or record keeping requirements beyond what is 
already required. For example, currently applicants for AM construction 
permits or modifications are required only to certify that they comply 
with the community coverage requirements of 47 CFR 73.24(i). Such 
applicants will continue to do so, but under a less stringent rule 
standard in some cases.

Steps Taken To Minimize Significant Impact of Small Entities, and 
Significant Alternatives Considered

    24. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities. 5 U.S.C. 603(c)(1)-(c)(4).
    25. With regard to the proposals in the NPRM, the Commission 
received many comments proposing different plans for an FM translator 
window limited to applicants that hold AM station authorizations. Most 
of these comments centered around whether the window could be limited 
to certain AM broadcasters, and to whom it should be limited. 
Ultimately, while recognizing that an exclusive window limited to some 
or all AM station licensees and permittees would assist those entities, 
the Commission concluded that immediately opening such a window would 
be impractical, and could disrupt the robust secondary market in FM 
translators. It decided instead to implement, first, a period of 
outreach to Class C and D AM station licensees and permittees, which 
have lower power and/or no protected nighttime service, to assist them 
in locating existing translators that could meet their needs. 
Immediately following a three-month outreach period, the Commission 
will open two windows in which applicants may propose to relocate an 
existing FM translator up to 250 miles, and/or modify a translator to 
specify any rule-compliant non-reserved FM channel. This procedure is 
expected to lower prices for FM fill-in translators for AM stations by 
opening up the available market, thus benefiting AM station owners, and 
would also benefit small businesses owning FM translator stations. The 
first, six-month modification window would be open only to applicants 
proposing to modify FM translators rebroadcasting Class C and D AM 
stations, followed by a second, three-month window open to applicants 
to modify translators to rebroadcast any class of AM station, including 
for Class C and D stations for which there were no applications in the 
first window. All modification applications filed in the windows will 
be on a one translator-per-AM station basis, and any translator 
stations modified pursuant to modification window applications will be 
subject to the same four-year operating condition currently attached to 
translators modified pursuant to Mattoon waivers. The modification 
windows will provide short-term relief to AM broadcasters. They will be 
followed, upon completion of the Commission's Incentive Auction 
proceeding, by two auction windows for AM licensees and permittees 
seeking to obtain new FM translator stations. The two new FM translator 
auction windows will follow a similar pattern to the modification 
windows: the first will be open only to Class C and D AM licensees and 
permittees whose stations were not participants in either modification 
window, while the second will be open to all AM licensees and 
permittees whose stations were not participants in either modification 
window or the first auction window. The new FM translator auction 
windows will otherwise be subject to the same conditions set forth in 
the NPRM, including the limitation of one and only one application per 
applicant,

[[Page 2758]]

for an FM translator station that must comply with our siting rules for 
FM fill-in translators rebroadcasting AM stations, which will be 
permanently linked to the AM primary station acquiring it. Both new FM 
translator auction windows will include opportunities for mutually 
exclusive applicants to resolve their mutual exclusivity through 
settlements or technical resolutions. In adopting this process of 
modification windows followed by new translator auction windows, the 
Commission intends to provide immediate relief through a modified 
secondary translator market for AM broadcasters that are small 
businesses, while providing some of those businesses an opportunity to 
acquire a new fill-in FM translator at a later time, if that better 
comports with their situation.
    26. With regard to the other, more technical proposals in the NPRM, 
the Commission's proposals were in most cases supported by a majority 
of commenters, giving little reason to consider alternatives. The 
proposals to reduce community coverage requirements for existing AM 
broadcasters were grounded in the idea that such broadcasters, small 
businesses that in some cases had occupied their transmitter sites for 
decades, could not easily change transmitter sites because their 
communities of license had grown, and land had become increasingly 
expensive, thus making it difficult or impossible to locate new, rule-
compliant sites. Relaxing the community coverage standards for existing 
AM stations reduces burdens on such businesses by relieving them of the 
obligation to locate other, more expensive transmitter sites or 
upgrading their equipment to meet those standards. Some commenters 
suggested that the Commission abandon community coverage rules 
altogether, or re-define ``community'' to mean something other than 
geographic boundaries. While such re-definitions would provide further 
relief to AM broadcasters, the Commission rejected them in part because 
47 U.S.C. 307(b) requires that radio stations be assigned fairly and 
equitably among the several States and communities, and that any re-
definition of ``community'' would run counter to the Commission's 
historic expectation that a radio station meet its local service 
obligations, that is, provide service to the designated community, and 
adapt its programming to the shifting needs of that community. The 
principle of broadcast localism, which derives from Section 307(b), 
requires that there be certain minimum service requirements. 
Additionally, it is not necessarily a burden on radio stations to 
require that they cover as much population as possible, because 
increased listenership typically translates into increased advertising 
revenue. Thus, while the Commission considered these alternatives, it 
concluded that the proposals as adopted provided the most relief to AM 
broadcasters while still adhering to the requirements of the 
Communications Act and the expectation that a station will provide 
local service.
    27. As for the proposed repeal of the ratchet rule, the vast 
majority of commenters favored that repeal because of the burdens the 
rule placed on broadcasters seeking to improve their facilities and, 
thus, their signal coverage. There were no significant alternatives to 
consider other than leaving the rule in effect, which was only favored 
by a few commenters. Those favoring retention of the rule did so in 
order to retain the interference reduction benefits for which it was 
designed. The Commission, however, agreed with those commenters, 
including many broadcasters, who argued that the benefits of increased 
flexibility in facility improvement outweighed the minimal interference 
reduction resulting from the ratchet rule's application.
    28. The Commission's proposal regarding notification procedures for 
MDCL control technology use by AM broadcasters did not involve a 
substantive change in the rules, merely a procedural change whereby AM 
broadcasters wishing to use such technologies would no longer have to 
seek leave to do so, but would notify the Commission of the fact. Those 
commenters opposed to the proposal did not oppose it as much as 
question the benefits of MDCL control technologies, observing that they 
are only available to stations with newer transmitters, that in some 
cases the power savings are minimal, and that the fluctuations in 
signal power could result in decreased listenability. These objections, 
however, do not go to the Commission's proposal, which merely makes it 
easier for those AM stations opting to use MDCL control technologies to 
do so. Although the proposal does introduce a new notification form, 
this form replaces the former system of requesting leave to use MDCL 
control technologies, and should result in an overall decrease in the 
burden on AM stations electing to use the technologies. The Commission 
thus decided that adoption of the proposal should be favored over 
retention of the prior procedure.
    29. The Commission also received many comments on its proposal to 
relax, but not eliminate, AM antenna system efficiency rules. The 
Commission proposed a 25 percent reduction in the minimum standards for 
radiators. The most significant alternative to this proposal, put 
forward by many commenters, was to eliminate the efficiency standards 
for AM transmission systems altogether, leaving it to the individual 
broadcaster to decide how much power to feed into the system in order 
to achieve the level of signal radiation needed to provide rule-
compliant coverage. Such a proposal, while power-intensive, would allow 
AM broadcasters to install less-efficient transmission systems in 
smaller plots of land, using radiators (towers) short enough to avoid 
zoning or FAA strictures. In considering this alternative, however, the 
Commission was also informed by those commenters pointing out that 
inefficient AM transmission systems, with short towers and/or ground 
systems, tend to be unstable, and might also result in greater levels 
of high-angle skywave interference to other stations. The Commission 
seeks to reduce burdens on AM broadcasters, but must also protect the 
integrity of the service, including minimizing inter-station 
interference. After considering the alternatives, the Commission 
concluded that adopting its proposed 25 percent reduction of AM antenna 
system efficiency standards represented the best accommodation between 
those considerations. It also decided, however, that more real-world 
data on inefficient AM transmission systems was called for, and 
therefore indicated that it would be willing to allow the installation 
of alternative or inefficient systems on an experimental basis, upon a 
showing that such systems are stable and will not cause excessive 
interference to other AM stations, and subject to the monitoring and 
reporting requirements in Part 5 of the Commission's Rules. Data 
gleaned from such experimental operations, it is hoped, will allow the 
Commission to consider, in the future, whether the AM antenna system 
efficiency rules could be relaxed further or eliminated.

Report to Congress

    30. The Commission will send a copy of the First R&O, including 
this FRFA, in a report to be sent to Congress and the Government 
Accountability Office pursuant to the Small Business Regulatory 
Enforcement Fairness Act of 1996. 5 U.S.C. 801(a)(1)(A). In addition, 
the Commission will send a copy of the First R&O, including the FRFA, 
to the Chief Counsel for Advocacy of the Small

[[Page 2759]]

Business Administration. A copy of the First R&O and FRFA (or summaries 
thereof) will also be published in the Federal Register. (See 5 U.S.C. 
604(b)).

Ordering Clauses

    31. Accordingly, it is ordered that pursuant to the authority 
contained in Sections 1, 2, 4(i), 303, 307, and 309(j) of the 
Communications Act of 1934, 47 U.S.C. 151, 152, 154(i), 303, 307, and 
309(j), that this First Report and Order is adopted.
    32. It is further ordered that, pursuant to the authority found in 
Sections 1, 2, 4(i), 303, 307, and 309(j) of the Communications Act of 
1934, 47 U.S.C. 151, 152, 154(i), 303, 307, and 309(j), the 
Commission's Rules are hereby amended as set forth herein and in 
Appendix A to the First R&O.
    33. It is further ordered that the rules adopted herein will become 
effective February 18, 2016, except for 47 CFR 73.1560, which contains 
new or modified information collection requirements that require 
approval by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act (PRA), and which will become effective after 
the Commission publishes a document in the Federal Register announcing 
such approval and the relevant effective date.

List of Subjects in 47 CFR Part 73

    Communications equipment, Radio, Reporting and recordkeeping 
requirements, Federal Communications Commission.

Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 73 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, 303, 334, 336, and 339.


0
2. Section 73.14 is amended by adding in alphabetical order the 
definition for ``Modulation dependent carrier level (MDCL) control 
technologies'' to read as follows:


Sec.  73.14  AM broadcast definitions.

* * * * *
    Modulation dependent carrier level (MDCL) control technologies. 
Transmitter control techniques that vary either the carrier power level 
or both the carrier and sideband power levels as a function of the 
modulation level.
* * * * *

0
3. In Sec.  73.21 revise paragraphs (a)(2) and (3) to read as follows:


Sec.  73.21  Classes of AM broadcast channels and stations.

    (a) * * *
    (2) Class B station. Class B stations are authorized to operate 
with a minimum power of 0.25 kW (or, if less than 0.25 kW, an 
equivalent RMS antenna field of at least 107.5 mV/m at 1 kilometer) and 
a maximum power of 50 kW, or 10 kW for stations that are authorized to 
operate in the 1605-1705 kHz band.
    (3) Class D station. A Class D station operates either daytime, 
limited time or unlimited time with nighttime power less than 0.25 kW 
and an equivalent RMS antenna field of less than 107.5 mV/m at 1 
kilometer. Class D stations shall operate with daytime powers not less 
than 0.25 kW nor more than 50 kW. Nighttime operations of Class D 
stations are not afforded protection and must protect all Class A and 
Class B operations during nighttime hours. New Class D stations that 
had not been previously licensed as Class B will not be authorized.
* * * * *

0
4. In Sec.  73.24 revise paragraph (i) to read as follows:


Sec.  73.24  Broadcast facilities; showing required.

* * * * *
    (i) That, for all proposals for new stations, applications to 
modify a construction permit for an unlicensed station, and all 
applications to change a station's community of license, the daytime 5 
mV/m contour encompasses the entire principal community to be served. 
That, for all other applications for modification of licensed stations, 
the daytime 5 mV/m contour encompasses either 50 percent of the area, 
or 50 percent of the population, of the principal community to be 
served. That, for all proposals for new stations in the 535-1605 kHz 
band, applications to modify a construction permit for an unlicensed 
station, or applications to change a station's community of license, 
either 50 percent of the area, or 50 percent of the population of the 
principal community is encompassed by the nighttime 5 mV/m contour or 
the nighttime interference-free contour, whichever value is higher. 
That, for stations in the 1605-1705 kHz band, 50 percent of the 
principal community is encompassed by the nighttime 5 mV/m contour or 
the nighttime interference-free contour, whichever value is higher. 
That Class D stations with nighttime authorizations need not 
demonstrate such coverage during nighttime operation.
* * * * *
0
5. In Sec.  73.182 revise the first sentence in paragraph (a)(1)(ii) 
introductory text; revise paragraph (a)(4); revise the second sentence 
in paragraph (m), the table, and Note (2) to paragraph (m); and revise 
paragraph (q) to read as follows:


Sec.  73.182  Engineering standards of allocation.

    (a) * * *
    (1) * * *
    (ii) Class A stations in Alaska operate on the channels allocated 
by Sec.  73.25 with a minimum power of 10 kW, a maximum power of 50 kW 
and an antenna efficiency of 215 mV/m/kW at 1 kilometer. * * *
* * * * *
    (4) Class D stations operate on clear and regional channels with 
daytime powers of not less than 0.25 kW (or equivalent RMS field of 
107.5 mV/m at 1 kilometer if less than 0.25 kW) and not more than 50 
kW. Class D stations that have previously received nighttime authority 
to operate with powers of less 0.25 kW (or equivalent RMS fields of 
less than 107.5 mV/m at 1 kilometer) are not required to provide 
nighttime coverage in accordance with Sec.  73.24(i) and are not 
protected from interference during nighttime hours. Such nighttime 
authority is permitted on the basis of full nighttime protection being 
afforded to all Class A and Class B stations.
* * * * *
    (m) * * * Certain approximations, based on the curve or other 
appropriate theory, may be made when other than such antennas and 
ground systems are employed, but in any event the effective field to be 
employed shall not be less than the following:

------------------------------------------------------------------------
             Class of station                 Effective field (at 1 km)
------------------------------------------------------------------------
All Class A (except Alaskan)..............  275 mV/m.
Class A (Alaskan), B and D................  215 mV/m.
Class C...................................  180 mV/m.
------------------------------------------------------------------------

* * * * *

    Note (2):  For Class B stations in Alaska, Hawaii, Puerto Rico, 
and the U.S. Virgin Islands, 180 mV/m shall be used.

* * * * *
    (q) Normally protected service contours and permissible 
interference signals for broadcast stations are as follows (for Class A 
stations, see also paragraph (a) of this section):

[[Page 2760]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Signal strength contour of area protected      Permissible interfering signal ([mu]V/m)
                                                                from objectionable interference \[remove   ---------------------------------------------
          Class of station            Class of channel used          footnote reference]\ ([mu]V/m)
                                                            -----------------------------------------------        Day \1\               Night \2\
                                                                     Day \1\                 Night
--------------------------------------------------------------------------------------------------------------------------------------------------------
A..................................  Clear.................  SC 100................  SC 500 50% SW........  SC 5.................  SC 25.
                                                             AC 500................  AC 500 GW............  AC 250...............  AC 250.
A (Alaskan)........................  ......do..............  SC 100................  SC 100 50% SW........  SC 5.................  SC 5.
                                     ......................  AC 500................  AC 500 GW............  AC 250...............  AC 250.
B..................................  Clear.................  500...................  2000 \1\.............  25...................  25.
                                     Regional..............  ......................  .....................  AC 250...............  250.
C..................................  Local.................  500...................  No presc.\3\.........  SC 25................  Not presc.
D..................................  Clear.................  500...................  Not presc............  SC 25................  Not presc.
                                     Regional..............  ......................  .....................  AC 250...............
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Groundwave.
\2\ Skywave field strength for 10 percent or more of the time.
\3\ During nighttime hours, Class C stations in the contiguous 48 States may treat all Class B stations assigned to 1230, 1240, 1340, 1400, 1450, and
  1490 kHz in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands as if they were Class C stations.


    Note: SC = Same channel; AC = Adjacent channel; SW = Skywave; GW 
= Groundwave

* * * * *

0
6. In Sec.  73.189 revise paragraph (b)(2) to read as follows:


Sec.  73.189  Minimum antenna heights or field strength requirements.

* * * * *
    (b) * * *
    (2) These minimum actual physical vertical heights of antennas 
permitted to be installed are shown by curves A, B, and C of Figure 7 
of Sec.  73.190 as follows:
    (i) Class C stations, and stations in Alaska, Hawaii, Puerto Rico 
and the U.S. Virgin Islands on 1230, 1240, 1340, 1400, 1450 and 1490 
kHz that were formerly Class C and were redesignated as Class B 
pursuant to Sec.  73.26(b), 45 meters or a minimum effective field 
strength of 180 mV/m for 1 kW at 1 kilometer (90 mV/m for 0.25 kW at 1 
kilometer). (This height applies to a Class C station on a local 
channel only. Curve A shall apply to any Class C stations in the 48 
conterminous States that are assigned to Regional channels.)
    (ii) Class A (Alaska), Class B and Class D stations other than 
those covered in Sec.  73.189(b)(2)(i), a minimum effective field 
strength of 215 mV/m for 1 kW at 1 kilometer.
    (iii) Class A stations, a minimum effective field strength of 275 
mV/m for 1 kW at 1 kilometer.
* * * * *

0
5. In Sec.  73.1560 revise paragraph (a)(1) to read as follows:


Sec.  73.1560  Operating power and mode tolerances.

    (a) AM stations. (1) Except for AM stations using modulation 
dependent carrier level (MDCL) control technology, or as provided for 
in paragraph (d) of this section, the antenna input power of an AM 
station, as determined by the procedures specified in Sec.  73.51, must 
be maintained as near as practicable to the authorized antenna input 
power and may not be less than 90 percent nor greater than 105 percent 
of the authorized power. AM stations may, without prior Commission 
authority, commence MDCL control technology use, provided that within 
10 days after commencing such operation, the licensee submits an 
electronic notification of commencement of MDCL control operation using 
FCC Form 338. The transmitter of an AM station operating using MDCL 
control technology, regardless of the MDCL control technology employed, 
must achieve full licensed power at some audio input level or when the 
MDCL control technology is disabled. MDCL control operation must be 
disabled before field strength measurements on the station are taken.

[FR Doc. 2015-31950 Filed 1-15-16; 8:45 am]
BILLING CODE 6712-01-P



                                                                    Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Rules and Regulations                                                2751

                                                  C. Collection of Information                            1000 yards ahead of the Dry-Dock                       unless authorized by the COTP or a
                                                    This rule will not call for a new                     RICHLAND and its towing vessel and                     designated representative thereof.
                                                  collection of information under the                     500 yards abeam and 500 yards astern.                    (e) Enforcement. Any Coast Guard
                                                  Paperwork Reduction Act of 1995 (44                     It is categorically excluded from further              commissioned, warrant, or petty officer,
                                                  U.S.C. 3501–3520).                                      review under paragraph 34(g) of Figure                 and any other COTP representative
                                                                                                          2–1 of the Commandant Instruction. An                  permitted by law, may enforce these
                                                  D. Federalism and Indian Tribal                         environmental analysis checklist                       temporary safety zones.
                                                  Governments                                             supporting this determination and a                      (f) Waiver. The COTP may waive any
                                                     A rule has implications for federalism               Categorical Exclusion Determination are                of the requirements of this section for
                                                  under E.O. 13132, Federalism, if it has                 available in the docket where indicated                any person, vessel, or class of vessel
                                                  a substantial direct effect on the States,              under ADDRESSES.                                       upon finding that application of the
                                                  on the relationship between the national                                                                       safety zone is unnecessary or
                                                                                                          G. Protest Activities                                  impractical for the purpose of maritime
                                                  government and the States, or on the
                                                  distribution of power and                                 The Coast Guard respects the First                   security.
                                                  responsibilities among the various                      Amendment rights of protesters.                          (g) Penalties. Vessels or persons
                                                  levels of government. We have analyzed                  Protesters are asked to contact the                    violating this rule are subject to the
                                                  this rule under that Order and have                     person listed in the FOR FURTHER                       penalties set forth in 33 U.S.C. 1232 and
                                                  determined that it is consistent with the               INFORMATION CONTACT section to                         50 U.S.C. 192.
                                                  fundamental federalism principles and                   coordinate protest activities so that your               Dated: December 23, 2015.
                                                  preemption requirements described in                    message can be received without                        James B. Pruett,
                                                  E.O. 13132.                                             jeopardizing the safety or security of
                                                                                                                                                                 Captain, U.S. Coast Guard, Captain of the
                                                     Also, this rule does not have tribal                 people, places or vessels.                             Port Guam.
                                                  implications under E.O. 13175,
                                                                                                          List of Subjects in 33 CFR Part 165                    [FR Doc. 2016–00863 Filed 1–15–16; 8:45 am]
                                                  Consultation and Coordination with
                                                                                                            Harbors, Marine safety, Navigation                   BILLING CODE 9110–04–P
                                                  Indian Tribal Governments, because it
                                                  does not have a substantial direct effect               (water), Reporting and recordkeeping
                                                  on one or more Indian tribes, on the                    requirements, Security measures,
                                                  relationship between the Federal                        Waterways.                                             FEDERAL COMMUNICATIONS
                                                  Government and Indian tribes, or on the                   For the reasons discussed in the                     COMMISSION
                                                  distribution of power and                               preamble, the Coast Guard amends 33
                                                                                                                                                                 47 CFR Part 73
                                                  responsibilities between the Federal                    CFR part 165 as follows:
                                                  Government and Indian tribes. If you                                                                           [MB Docket No. 13–249; FCC 15–142]
                                                  believe this rule has implications for                  PART 165—REGULATED NAVIGATION
                                                  federalism or Indian tribes, please                     AREAS AND LIMITED ACCESS AREAS                         Revitalization of the AM Radio Service
                                                  contact the person listed in the FOR                                                                           AGENCY:  Federal Communications
                                                  FURTHER INFORMATION CONTACT section
                                                                                                          ■ 1. The authority citation for part 165
                                                                                                          continues to read as follows:                          Commission.
                                                  above.
                                                                                                                                                                 ACTION: Final rule.
                                                                                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                  E. Unfunded Mandates Reform Act                         33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;              SUMMARY:   In this document, the
                                                    The Unfunded Mandates Reform Act                      Department of Homeland Security Delegation
                                                                                                                                                                 Commission adopted a number of
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   No. 0170.1.
                                                                                                                                                                 procedures and procedural changes
                                                  Federal agencies to assess the effects of               ■ 2. Add § 165.T14–1101 to read as                     designed to assist AM broadcasters to
                                                  their discretionary regulatory actions. In              follows:                                               better serve the public, thereby
                                                  particular, the Act addresses actions                                                                          advancing the Commission’s
                                                  that may result in the expenditure by a                 § 165. T14–1101 Safety Zone; RICHLAND,
                                                                                                          Apra Harbor/Philippine Sea, GU.                        fundamental goals of localism,
                                                  State, local, or tribal government, in the                                                                     competition, and diversity in broadcast
                                                  aggregate, or by the private sector of                     (a) Location. The following areas,
                                                                                                                                                                 media.
                                                  $100,000,000 (adjusted for inflation) or                within the Guam Captain of the Port
                                                                                                          (COTP) Zone (See 33 CFR 3.70–15),                      DATES: Effective February 18, 2016,
                                                  more in any one year. Though this rule
                                                  will not result in such an expenditure,                 from the surface of the water to the                   except for the amendment to 47 CFR
                                                  we do discuss the effects of this rule                  ocean floor, is a moving safety zone: All              73.1560, which contains new or
                                                  elsewhere in this preamble.                             navigable waters within 1000 yards                     modified information collection
                                                                                                          ahead of the Dry-Dock RICHLAND and                     requirements that require approval by
                                                  F. Environment                                                                                                 the Office of Management and Budget
                                                                                                          its towing vessel and 500 yards abeam
                                                    We have analyzed this rule under                      and 500 yards astern from departure                    (OMB) under the Paperwork Reduction
                                                  Department of Homeland Security                         from Wharf ‘‘P’’ to 12 miles from Orote                Act (PRA), and which will become
                                                  Management Directive 023–01 and                         Point, Guam.                                           effective after the Commission publishes
                                                  Commandant Instruction M16475.lD,                          (b) Effective period. This section is               a document in the Federal Register
                                                  which guide the Coast Guard in                          effective from 8 a.m. on December 30,                  announcing such approval and the
                                                  complying with the National                             2015 through 6 p.m. on January 31,                     relevant effective date.
                                                  Environmental Policy Act of 1969 (42                    2016.                                                  FOR FURTHER INFORMATION CONTACT:
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                                                  U.S.C. 4321–4370f), and have                               (c) Enforcement period. This section                Peter Doyle, Chief, Media Bureau,
                                                  determined that this action is one of a                 is enforced from the time the vessel                   Audio Division, (202) 418–2700 or
                                                  category of actions that do not                         departs Wharf ‘‘P’’ until it is 12 miles               Peter.Doyle@fcc.gov; Thomas Nessinger,
                                                  individually or cumulatively have a                     from Orote Point, Guam.                                Senior Counsel, Media Bureau, Audio
                                                  significant effect on the human                            (d) Regulations. The general                        Division, (202) 418–2700 or
                                                  environment. This rule involves a safety                regulations governing safety zones                     Thomas.Nessinger@fcc.gov. For
                                                  zone to be enforced for less than 24                    contained in § 165.23 apply. No vessels                additional information concerning the
                                                  hours that will prohibit entry within                   may enter or transit the safety zone                   Paperwork Reduction Act information


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                                                  2752              Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Rules and Regulations

                                                  collection requirements contained in                    provide fill-in and/or nighttime service.              review of ‘‘stand alone’’ FM translator
                                                  this document, contact Cathy Williams                   The Commission further proposed that                   assignment applications granted over
                                                  at 202–418–2918, or via the Internet at                 such translator stations must strictly                 the past year has determined that the
                                                  Cathy.Williams@fcc.gov.                                 comply with the existing fill-in coverage              vast majority of stations have sold for
                                                  SUPPLEMENTARY INFORMATION: This is a                    area technical restrictions on FM                      under $100,000, and a substantial
                                                  synopsis of the Commission’s First                      translators re-broadcasting AM stations,               majority of those for less than $50,000.
                                                  Report and Order (First R&O), FCC 15–                   that any translator acquired through this              Providing AM broadcasters with a
                                                  142, adopted October 21, 2015, and                      one-time window could be used only to                  greater opportunity to benefit from this
                                                  released October 23, 2015. The full text                re-broadcast the signal of the AM station              secondary market will provide them
                                                  of the First R&O is available for                       acquiring it, and that such a translator               with tangible and immediate relief.
                                                  inspection and copying during regular                   could not be assigned or transferred                   Accordingly, the Commission adopted a
                                                  business hours in the FCC Reference                     except in conjunction with the                         two-pronged approach to enable more
                                                  Center, 445 Twelfth Street SW., Room                    commonly owned AM primary station.                     AM stations to acquire FM translators.
                                                  CY–A257, Portals II, Washington, DC                     The Commission sought comment on                       First, the Commission directed the
                                                  20554. To request materials in                          this proposal and its limitations. The                 Media Bureau to administer in 2016 a
                                                  accessible formats for people with                      Commission opted to continue allowing                  process where an AM licensee or
                                                  disabilities (Braille, large print,                     so-called ‘‘Mattoon waivers,’’ which                   permittee seeking to rebroadcast on an
                                                  electronic files, audio format), send an                allow broadcasters to relocate FM                      FM translator may acquire and relocate
                                                  email to fcc504@fcc.gov or call the                     translators intended to rebroadcast AM                 one and only one authorized non-
                                                  Consumer and Governmental Affairs                       stations farther than would be allowed                 reserved band FM translator station up
                                                  Bureau at 202–418–0530 (voice), 202–                    under the Commission’s rules for minor                 to 250 miles, and specify any rule-
                                                  418–0432 (TTY).                                         modifications of translator stations.                  compliant non-reserved band FM
                                                  Paperwork Reduction Act of 1995                            2. Although there was strong support                channel, as a minor modification
                                                  Analysis                                                for the AM-only new FM translator                      application. Second, the Commission
                                                                                                          auction filing window proposed in the                  directed the Media Bureau, in
                                                    This First Report and Order (First                                                                           conjunction with the Wireless
                                                                                                          NPRM, the Commission found that there
                                                  R&O) adopts new or revised information                                                                         Telecommunications Bureau (Bureaus),
                                                                                                          are issues that call into question
                                                  collection requirements, subject to the                                                                        to open new FM translator application
                                                                                                          whether it should limit the approach to
                                                  Paperwork Reduction Act of 1995 (PRA)                                                                          auction windows, beginning in 2017, for
                                                                                                          opening such a window as proposed.
                                                  (Pub. L. 104–13, 109 Stat 163 (1995)                                                                           AM stations that do not file a
                                                                                                          Chief among its concerns was the time
                                                  (codified in 44 U.S.C. 3501–3520)).                                                                            modification application in 2016. Class
                                                                                                          it would take for such a window to
                                                  These information collection                                                                                   C and D stations will be able to take
                                                  requirements were submitted to the                      open. Commenters in this proceeding
                                                                                                          discuss the need for immediate relief,                 advantage of the modification window
                                                  Office of Management and Budget                                                                                and the auction window first, prior to
                                                  (OMB) for review under Section 3507(d)                  but given other auction commitments,
                                                                                                          the Commission determined that it is                   second windows that will be available
                                                  of the PRA. The Commission received                                                                            to all classes.
                                                  OMB preapproval for the information                     not possible at this time to provide such
                                                  collection requirements on January 28,                  relief in the short term with a new FM                    3. The Commission also asked in the
                                                  2014. The information collection                        translator station auction filing window.              NPRM whether, between expanding the
                                                  requirements were adopted as proposed.                  However, it is possible to provide short-              number of FM translators eligible to re-
                                                  The Commission will activate the                        term relief to AM broadcasters by                      broadcast AM stations and opening the
                                                  burden hours in OMB’s inventory.                        providing a window where AM stations                   window proposed in this proceeding,
                                                  These information collection                            would be provided greater flexibility to               there would continue to be a need for
                                                  requirements are preapproved under                      move FM translators. This window                       so-called Mattoon waivers and, if not,
                                                  OMB control number 3060–1194,                           would take advantage of the availability               when the policy of granting such
                                                  Section 73.1560(a)(1) and FCC Form                      of existing FM translators that can be                 waivers should be eliminated. Most
                                                  338. In addition, we note that pursuant                 obtained by many AM broadcasters                       commenters favored retention of
                                                  to the Small Business Paperwork Relief                  seeking to enhance their local service.                Mattoon waivers, adoption of the
                                                  Act of 2002, Public Law 107–198, see 44                 Based upon a staff analysis of                         proposed Tell City waivers and, for
                                                  U.S.C. 3506(c)(4), we previously sought                 applications available in the Media                    some cases, codifying the Mattoon
                                                  specific comment on how the                             Bureau’s Consolidated Data Base System                 waiver policy in our Rules. Although
                                                  Commission might ‘‘further reduce the                   (CDBS), since 2003 the number of FM                    there has been and will likely continue
                                                  information collection burden for small                 translator stations has increased by 65                to be an expansion of the number of FM
                                                  business concerns with fewer than 25                    percent (from approximately 3,800 to                   translator stations available to
                                                  employees.’’                                            approximately 6,300). This number is                   rebroadcast AM stations, the decision to
                                                                                                          likely to grow in the next 12 to 18                    delay opening an exclusive AM-new FM
                                                  Synopsis of Order                                       months, as more FM translator permits                  translator window in favor of opening a
                                                    1. With this First R&O, the                           are awarded from the Auction 83 filing                 modification window may limit FM
                                                  Commission addresses the proposals set                  window, to the point where there could                 translator acquisition options for some
                                                  forth in the Notice of Proposed Rule                    be up to twice the number of translators               AM licensees. Because of this, some
                                                  Making in this proceeding, FCC 13–139,                  that existed in 2003. Further, the                     flexibility in relocating such fill-in FM
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                                                  28 FCC Rcd 15221 (2013) (NPRM). The                     secondary market for FM translator                     translators will continue to be
                                                  Commission proposed in the NPRM to                      stations is robust: Since the                          necessary. The Mattoon waiver policy
                                                  open a one-time filing window, open to                  Commission’s 2009 decision to allow                    requires satisfaction of three criteria: (1)
                                                  AM licensees and permittees only, to                    AM stations to be rebroadcast over FM                  The applicant does not have a history of
                                                  apply for and receive authorizations for                translators, almost 4,000 translators                  filing serial minor modification
                                                  one new FM translator station per AM                    have changed hands, of which over 600                  applications; (2) the proposed site is
                                                  station, for the sole and limited purpose               were sold to AM stations for use as                    mutually exclusive with the licensed
                                                  of re-broadcasting the AM signal to                     cross-service fill-in translators. A staff             translator facility; and (3) the translator


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                                                                    Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Rules and Regulations                                                      2753

                                                  will rebroadcast the proposed AM                        Commission noted that spectrum                         the new location. The Commission also
                                                  primary station for a period of four years              congestion in the largest markets will                 directed the Media Bureau to
                                                  of on-air operation, exclusive of silent                significantly limit opportunities for                  expeditiously initiate a three-month
                                                  periods, commencing with the initiation                 translator station relocations. The                    outreach effort to promote Class C and
                                                  of on-air service at the new location.                  Commission will accept applications to                 Class D participation in this
                                                  Under the circumstances, the                            modify authorized FM translator                        modification window filing process; to
                                                  Commission directed the Media Bureau                    stations that the AM station licensee or               develop, as practicable, technical tools
                                                  to continue granting Mattoon waivers,                   permittee either owns, for which it is                 similar to those created for the LPFM
                                                  including the four-year operating                       the proposed assignee or transferee in a               window to assess spectrum availability
                                                  condition, in appropriate cases. Until                  pending application (a proposed                        and potential FM translator acquisition
                                                  and unless a different procedure is                     assignee or transferee may file in its                 options; and to establish streamlined
                                                  announced on review of the pending                      own name an application to modify the                  procedures for handling inquiries from
                                                  Tell City waiver case (Way Media, Inc.,                 subject translator authorization. See 47               the AM and FM translator broadcast
                                                  Letter, 29 FCC Rcd 11287, 11287 (MB                     CFR 73.3517(a)), or for which it has a                 community. The modification windows
                                                  2014), review pending), however, the                    rebroadcasting agreement. The                          are to be opened upon completion of
                                                  Mattoon waiver policy will not be                       Commission further directed the Bureau                 this outreach.2
                                                  extended beyond its current limits as                   to open the first modification window                     5. The modification windows, as
                                                  described above, including as proposed                  for six months, and to make the first                  noted above, can provide near-term
                                                  by the Tell City applicant, except as                   window available only to applications                  relief to AM broadcasters. However,
                                                  discussed below for the limited purpose                 to modify and/or relocate FM translator                some AM stations may not be successful
                                                  of the modification window adopted in                   stations rebroadcasting Class C and D                  in locating translators, notwithstanding
                                                  this First R&O.                                         AM stations, on a one translator per AM                the availability of rule-compliant FM
                                                     4. Although the availability of existing             station basis. Class C and D stations,                 translator channels in their
                                                  and to-be-authorized FM translator                      because of their limited power or lack                 communities. Therefore, to further
                                                  stations and the use of Mattoon waivers                 of protected nighttime service, will                   promote the long-term viability of the
                                                  should provide an ample supply of                       benefit most from the acquisition of a                 AM service, the Commission also
                                                  translators for fill-in use by many AM                  cross-service translator, and thus should              directed the Bureaus to open two new
                                                  stations, the Commission recognized                     be afforded the first opportunity to                   FM translator application auction
                                                  that the availability of such translator                obtain one. The second window, to                      windows, beginning in 2017,3 for those
                                                  stations may not, in many cases,                        open at the end of the initial six-month               AM licensees and permittees that do not
                                                  completely satisfy demand. Some AM                      window, would be open for an                           participate, i.e., file an application, in
                                                  broadcasters might enjoy a sufficient                   additional three-month period, and                     one of the modification windows.4 The
                                                  supply of translators that conform with                 would be available to applications to                  first FM translator auction window, as
                                                  Commission siting rules, while others                   modify and/or relocate FM translator                   with the initial modification window,
                                                  may have more difficulty in locating                    stations rebroadcasting any AM station                 shall be limited to Class C and D AM
                                                  potentially rule-compliant translators.                 of any class, including Class C and D
                                                  Still other AM broadcasters, particularly               stations that did not file an application                 2 The pending Tell City waiver request could

                                                  those whose stations have limited                       in the initial window, also on a one                   likely qualify for processing under the waiver
                                                  power (Class C) or lack protected                                                                              procedures announced herein. However, in order to
                                                                                                          translator per AM station basis. In                    promote a fair process for all AM stations in
                                                  nighttime service (Class D), might need                 return for this one-time rule waiver, the              reallocating FM translator spectrum, including to
                                                  additional time to arrange the financing                Media Bureau was directed to impose                    spectrum limited markets, the Commission will not
                                                  necessary to enter the market for an FM                 on translators relocated and/or modified               afford that proposal cut-off rights over other filings.
                                                  translator station. For this reason, the                                                                       The Commission also directed the Media Bureau to
                                                                                                          using the waiver the same four-year                    dismiss, without further consideration, waiver
                                                  Commission directed the Media Bureau                    operating condition currently attached                 requests filed prior to and in anticipation of the
                                                  to announce, by Public Notice, two                      to FM translators relocated using                      opening of the modification application filing
                                                  modification windows during which an                    Mattoon waivers. Thus, the modified                    windows.
                                                                                                                                                                    3 In order to ensure the efficient processing of
                                                  AM licensee or permittee seeking to                     FM translator must rebroadcast the FM                  these auction applications, the Commission
                                                  rebroadcast on an FM translator may, on                 translator modification applicant’s                    directed the Bureaus to undertake and complete all
                                                  a first-come, first-served basis, acquire               specified AM primary station for a                     revisions to Form 175 necessary to collect the FM
                                                  and relocate one and only one                           period of four years of on-air operation,              translator technical specifications, and also directed
                                                  authorized non-reserved band FM                                                                                the Bureaus to hold an auction for all remaining
                                                                                                          exclusive of silent periods, commencing                mutually exclusive commercial Auction 83
                                                  translator station up to 250 miles, and                 with the initiation of on-air service at               applications following the completion of the
                                                  specify any rule-compliant non-reserved                                                                        Incentive Auction, Auction 1000, and prior to the
                                                  band FM channel, as a minor                             applicants in one of these two modification            first FM translator auction window.
                                                  modification application,                               windows may seek waivers of these construction            4 The NPRM proposed a ‘‘one-to-a-customer’’ FM

                                                  notwithstanding 47 CFR 74.1233(a)(1),                   deadlines. See 47 CFR 1.3. Waivers can expand          translator window to provide limited, targeted relief
                                                                                                          cross-service broadcasting opportunities for AM        to AM stations. See NPRM, 28 FCC Rcd at 15228.
                                                  which defines major and minor                           stations, will allow AM licensees to realize service   Thus, the Commission declined to permit one class
                                                  modifications of FM translator facilities.              improvements quickly, will incentivize FM              of eligible applicants to double the number of FM
                                                  This distance limitation is designed to                 translator permittee participation in the              translator authorizations that they could acquire
                                                  substantially expand purchase options                   modification window process, and will provide a        under these window procedures. Given the supply
                                                                                                          means to avoid the delays and administrative           of translator authorizations, the palpable demand
                                                  for AM stations, particularly those
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                                                                                                          burdens of re-auctioning this spectrum.                for FM translator licensees by other stakeholders,
                                                  serving smaller markets and rural areas.                Accordingly, the Commission found that a waiver        and the relief afforded by the modification
                                                  It is also designed to not disrupt the                  of an Auction 83 FM translator construction            windows, AM licensees and permittees will be
                                                  current secondary market for translator                 deadline is presumptively in the public interest for   eligible to participate in either one modification or
                                                                                                          applicants participating in one of the modification    one auction window, but not both. AM station
                                                  authorizations.1 In this regard the                     windows, provided that the AM station licensee         assignments or transfers during the multi-window
                                                                                                          proposing to use the FM translator for                 process will not create an opportunity for new
                                                    1 A substantial majority of the approximately         rebroadcasting its AM station commits to prompt        owners to participate in an auction window when
                                                  1300 outstanding Auction 83 construction permits        FM translator station construction and initiation of   the former licensee participated in a modification
                                                  are scheduled to expire in 2016. Modification           broadcast operations.                                  window.



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                                                  2754              Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Rules and Regulations

                                                  permittees and licensees that have not                  within the first four years of licensed                nighttime interference-free (NIF) service
                                                  participated in either modification                     on-air operation of the applicant station,             was reduced. Most commenters
                                                  window. The second FM translator                        exclusive of any periods of reduced                    supported this proposal. Accordingly,
                                                  auction window, to be opened as soon                    operations or silence pursuant to special              the Commission deleted the ratchet rule,
                                                  as possible after the first window has                  temporary authorizations. Should the                   as proposed in the NPRM, agreeing with
                                                  closed and applicants in the first                      Bureau find there is no compelling                     the commenters that confirmed the
                                                  window have had an opportunity to                       reason warranting reduced community                    rule’s negative consequences recited in
                                                  resolve mutual exclusivity through                      coverage during this period, it may                    the NPRM, as well as with long- and
                                                  settlement or technical resolution, will                dismiss the modification application.                  short-term benefits identified by
                                                  be open to all AM permittees and                           7. Likewise, the Commission adopted                 commenters, including cost reduction to
                                                  licensees that have not participated in                 the NPRM proposal to eliminate the                     AM broadcasters making station
                                                  any of the prior modification or auction                nighttime community coverage                           improvements, economic benefits to
                                                  windows. The Commission believed                        requirement for existing licensed AM                   local AM stations and their
                                                  that the threshold qualification of                     stations, and modify the nighttime                     communities served through expanded
                                                  affording relief first to Class C and D                 community coverage requirement in 47                   nighttime broadcasting and consequent
                                                  stations, with limited power or no                      CFR 73.24(i) to require that applicants                expansion to local advertising
                                                  protected nighttime service, represented                for new AM stations and those AM                       platforms, and the ability of
                                                  the best approach among the many                        stations seeking a change to their                     communities served by AM stations
                                                  proposed by commenters. The FM                          communities of license cover either 50                 affected by the ratchet rule to receive
                                                  translator auction windows will                         percent of the population or 50 percent                information concerning local events, or
                                                  otherwise follow the NPRM proposal,                     of the area of the communities of license              emergencies at night, among others.
                                                  insofar as participation will be limited                with a nighttime 5 mV/m signal or a
                                                                                                                                                                    9. In the NPRM, the Commission also
                                                  to AM permittees and licensees, each                    nighttime interference-free contour,
                                                                                                                                                                 proposed modifications to the rules
                                                  applicant may apply for one and only                    whichever value is higher. It declined to
                                                                                                                                                                 affecting AM stations using Modulation
                                                  one translator station that must comply                 eliminate completely nighttime
                                                                                                                                                                 Dependent Carrier Level (MDCL) control
                                                  with Commission siting rules for FM                     community of license coverage
                                                                                                                                                                 technologies. MDCL control
                                                  fill-in translators rebroadcasting AM                   requirements for new AM stations and
                                                                                                                                                                 technologies vary either the carrier or
                                                  stations, and any translator acquired                   those changing community of license, as
                                                                                                                                                                 the carrier and sideband power levels as
                                                  through the FM translator auction                       well as for permittees of unbuilt stations
                                                                                                          seeking to modify their authorizations,                a function of the modulation level, thus
                                                  windows will be permanently linked to                                                                          allowing the licensee to reduce
                                                  the AM primary station acquiring it. See                in the interest of striking the appropriate
                                                                                                          balance between the need to provide                    transmitter power consumption while
                                                  NPRM, 28 FCC Rcd at 15227. Just as in                                                                          maintaining audio quality and signal
                                                  FM Translator Auction 83, these new                     relief to AM broadcasters with few
                                                                                                          siting options (amplified by the added                 coverage. Both basic types of MDCL
                                                  FM translator auction windows will                                                                             control technologies and various
                                                  include opportunities for mutually                      complexity of AM nighttime skywave
                                                                                                          signal propagation and concomitant                     systems reduce the station’s antenna
                                                  exclusive applicants to resolve their                                                                          input power to levels not permitted by
                                                  mutual exclusivity through settlements                  signal restrictions), and the need to
                                                                                                          provide the community of license with                  47 CFR 73.1560(a). The Commission
                                                  or technical resolutions. See FM                                                                               proposed to: (1) Amend 47 CFR
                                                                                                          some kind of service at night. As with
                                                  Translator Auction 83 Mutually                                                                                 73.1560(a) of the Rules to provide that
                                                                                                          the change to daytime community
                                                  Exclusive Applications Subject to                                                                              an AM station may commence MDCL
                                                                                                          coverage requirements, the Commission
                                                  Auction, Public Notice, 28 FCC Rcd                                                                             control operation without prior
                                                                                                          instructed the Media Bureau to examine
                                                  9716 (MB 2013); 47 CFR 73.5002(c), (d).                                                                        Commission authority, provided that
                                                                                                          closely any request by a station to
                                                     6. The Commission also adopted the                   reduce nighttime community coverage                    the AM station licensee notifies the
                                                  NPRM proposal to modify the daytime                     during its first four years of licensed on-            Commission of the station’s MDCL
                                                  community coverage requirement                          air operation, and granted the Bureau                  control operation within 10 days after
                                                  contained in 47 CFR 73.24(i), for                       discretion to dismiss any such                         commencement of such operation using
                                                  existing licensed AM facilities only, to                application absent a compelling reason                 the Media Bureau’s Consolidated
                                                  require that the daytime 5 mV/m                         warranting reduced nighttime service.                  Database System (CDBS) Electronic
                                                  contour encompasses either 50 percent                      8. The Commission proposed in the                   Filing System; (2) require, regardless of
                                                  of the area, or 50 percent of the                       NPRM to delete the so-called ‘‘ratchet                 the MDCL control technology employed,
                                                  population of the principal community                   rule,’’ which effectively requires that a              that the AM station’s transmitter must
                                                  to be served. This rule modification is                 Class A or B AM broadcaster, seeking to                achieve full licensed power at some
                                                  intended to provide relief to existing                  make facility changes that modify its                  audio input level, or when the MDCL
                                                  broadcasters—some of which have held                    AM signal, demonstrate that the                        control technology is disabled; and (3)
                                                  AM licenses for many decades—that                       improvements will result in an overall                 require an AM station using MDCL
                                                  may find themselves lacking the                         reduction in the amount of skywave                     control technology to disable it before
                                                  flexibility to relocate their transmission              interference that it causes to certain                 field strength measurements on the
                                                  facilities in order to meet the rule’s                  other AM stations (primarily by                        station are taken by the licensee or
                                                  community coverage requirements, due                    ‘‘ratcheting back’’ radiation in the                   others. Most commenters supported
                                                  to expansion of community boundaries                    direction of certain other AM stations).               these proposals, although some noted
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                                                  and/or lack of available land to which                  47 CFR 73.182(q) n.1. Two engineering                  that MDCL control technologies
                                                  to relocate antennas. However, in order                 firms filed a 2009 petition to eliminate               generally benefit only those AM stations
                                                  to preserve the limited intent of this rule             the ratchet rule, contending that the                  using newer transmitters, which are the
                                                  modification, the Commission                            rule’s practical effect was to discourage              only ones with which MDCL control
                                                  authorized the Media Bureau to inquire                  station improvements, because                          technologies are compatible. The
                                                  into the facts justifying any modification              compliance with the rule more often                    Commission adopted the proposals as
                                                  that would reduce the percentage of                     than not required the modifying station                set forth in the NPRM. AM stations must
                                                  community population or area coverage                   to reduce power to the point that net                  electronically notify the Media Bureau


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                                                                    Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Rules and Regulations                                          2755

                                                  of the station’s MDCL control operation                 AM transmission systems. Commenters,                   modified the rules relating to AM
                                                  within 10 days after commencement of                    for the most part, expressed support for               antenna system efficiency.
                                                  such operation using FCC Form 338—                      relaxing the AM efficiency standards,                     13. In the First R&O, the Commission
                                                  AM Station MDCL Notification,                           but did not provide the specificity                    addressed issues raised in the NPRM.
                                                  available in the CDBS Electronic Filing                 requested in the NPRM. Additionally,                   The Commission, in the NPRM,
                                                  System. The Commission declined to                      several commenters offered cautions                    explained that it had not done a
                                                  impose additional requirements                          regarding potential problems with                      comprehensive review of the AM
                                                  regarding certification of third-party                  shorter, less efficient radiators,                     service in almost 25 years. Moreover, in
                                                  MDCL products, or any other rule                        including decreased signal stability and               the years since the last comprehensive
                                                  changes with regard to MDCL operation.                  increased skywave interference. The                    review of the AM service, listenership
                                                  The Commission continues to hold                        Commission therefore adopted the                       had declined due to several factors,
                                                  broadcasters responsible for their                      proposal as set forth in the NPRM,                     including: The introduction of new
                                                  signals, and for any interference                       reducing the existing AM antenna                       media with higher audio fidelity, such
                                                  resulting from those signals                            efficiency standards by 25 percent as a                as CDs, digital media players, and FM
                                                  (interference that has not to this point                means to provide relief to AM                          digital radio; increased interference
                                                  been reported from those broadcasters                   broadcasters. The Commission did,                      among AM stations; and increased
                                                  currently employing MDCL control                        however, agree with some commenters                    interference from non-broadcast
                                                  technologies). The Commission stated it                 who suggested that it should collect                   sources, such as computers, LED light
                                                  would revisit this position if                          more real-world data on alternative and                bulbs, power supplies, and utility lines.
                                                  interference from third-party MDCL                      less-efficient AM transmission systems.                Based in part on separate pleadings and
                                                  products were to become a problem, but                  Accordingly, the Commission also                       petitions for rule making filed by
                                                  noted that it would be up to the                        directed the Media Bureau to entertain                 stakeholders, the Commission in the
                                                  broadcaster employing such a product                    requests by existing AM broadcasters for               NPRM outlined six proposals designed
                                                  to remedy the situation should                          experimental authorizations to operate                 to offer assistance to AM broadcasters in
                                                  interference arise.                                     with antenna systems that do not meet                  light of the various difficulties
                                                                                                          the modified antenna efficiency rules,                 surrounding the AM service.
                                                     10. In the NPRM the Commission                                                                                 14. After considering the comments
                                                  discussed a proposal by the                             provided that they can establish that
                                                                                                          such operation will not increase                       filed in response to the NPRM, the
                                                  Multicultural Media, Telecom, and                                                                              Commission determined that there were
                                                  Internet Council (MMTC), in which                       interference to other domestic or
                                                                                                          international AM stations and can                      impediments to the immediate opening
                                                  MMTC argued for the elimination of the                                                                         of a filing window limited to AM
                                                  Commission’s minimum efficiency                         demonstrate the stability of such
                                                                                                                                                                 licensees and permittees wishing to
                                                  standards for AM transmission systems                   systems. Such applications may be
                                                                                                                                                                 obtain FM translator stations, including
                                                  (found in 47 CFR 73.182 and 73.189),                    made by informal application pursuant
                                                                                                                                                                 the time it would take to open such a
                                                  replacing them with a ‘‘minimum                         to 47 CFR 5.203, and shall be subject to
                                                                                                                                                                 window, and the wide availability of
                                                  radiation’’ standard. In MMTC’s view,                   the monitoring and reporting
                                                                                                                                                                 FM translator stations including the
                                                  the minimum efficiency standards                        requirements in that section and such
                                                                                                                                                                 number expected to be authorized in the
                                                  hindered AM broadcasters, because they                  other conditions as the Media Bureau
                                                                                                                                                                 near future. It concluded that the correct
                                                  require a certain height antenna and                    may require.
                                                                                                                                                                 approach, to offer near-term relief to AM
                                                  length of ground radials for a station at               Final Regulatory Flexibility Analysis                  broadcasters, was to open two windows
                                                  a given frequency, causing difficulties in                                                                     allowing the modification and/or
                                                  finding compliant sites for towers and                    11. As required by the Regulatory                    relocation of FM translators to
                                                  ground systems. MMTC argued that an                     Flexibility Act of 1980, as amended                    rebroadcast AM stations. These
                                                  AM broadcaster should be able to use a                  (RFA), 5 U.S.C. 603, an Initial                        windows would be preceded by a three-
                                                  less efficient—but also less space-                     Regulatory Flexibility Analysis (IRFA)                 month period of outreach by the Media
                                                  intensive—transmission system, driving                  was incorporated in the NPRM to this                   Bureau to AM stations with limited
                                                  the system with more power to offset                    proceeding (24 FCC Rcd 5239 (2009)).                   power and/or no protected nighttime
                                                  the lack of efficiency. The Commission                  The Commission sought written public                   service (Class C and D stations).
                                                  observed in the NPRM that MMTC’s                        comment on the proposals in the NPRM,                  Following this period of outreach, the
                                                  proposal lacked specifics as to the                     including comment on the IRFA. The                     Media Bureau will open a six-month
                                                  appropriate replacement ‘‘minimum                       Commission received no comments on                     window in which an AM station seeking
                                                  radiation’’ standard, noting that the                   the IRFA. This Final Regulatory                        to rebroadcast on an FM translator may,
                                                  Rules contained similar provisions for                  Flexibility Analysis (FRFA) conforms to                on a first-come, first-served basis, apply
                                                  applicants seeking to avoid the                         the RFA (5 U.S.C. 604).                                to acquire and relocate one and only one
                                                  minimum antenna efficiency standards.                   Need for, and Objectives of, the First                 authorized non-reserved band FM
                                                  The Commission also stated that it did                  Report and Order                                       translator station up to 250 miles, and
                                                  not believe the record was sufficiently                                                                        specify any rule-compliant non-reserved
                                                  developed to propose wholesale rule                       12. This First Report and Order (First               band FM channel, as a minor
                                                  changes to the minimum antenna                          R&O) adopts changes to certain                         modification application
                                                  efficiency standards. In order to provide               technical rules and processes relating to              notwithstanding 47 CFR 74.1233(a)(1),
                                                  some relief to AM broadcasters finding                  the AM broadcast radio service. In the                 which defines major and minor
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                                                  it increasingly difficult to locate rule-               First R&O, the Commission modified                     modifications of FM translators. This
                                                  compliant antenna sites, however, the                   daytime and nighttime community                        first modification window will be
                                                  Commission proposed to reduce the AM                    coverage requirements for certain AM                   available only to applications to modify
                                                  antenna efficiency standards by 25                      stations; eliminated the so-called AM                  and/or relocate an FM translator station
                                                  percent. The Commission also                            Ratchet Rule; adopted a new form                       rebroadcasting a Class C or D AM
                                                  encouraged commenters to provide                        notification procedure for stations                    station, on a one translator per AM
                                                  specifics as to any proposed                            implementing Modulation Dependent                      station basis. The first modification
                                                  replacement or alternative standard for                 Carrier Level Control Technologies; and                window will be followed by a second,


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                                                  2756              Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Rules and Regulations

                                                  three-month modification window,                        MMTC’s reasoning was that some                         the comments to the NPRM proposal to
                                                  open for applications to modify and/or                  existing stations were unable to comply                allow AM stations to initiate MDCL
                                                  relocate an FM translator rebroadcasting                with the requirements that an AM                       control technologies by simply notifying
                                                  any AM station of any class, including                  station place a 5 mV/m daytime signal                  the Commission, rather than seeking
                                                  a Class C or D station that did not                     over at least 80 percent of its                        authorization to do so, as had been the
                                                  participate (i.e., file an application) in              community of license, and that at least                procedure. MDCL control technologies
                                                  the initial modification window, also on                80 percent of the community of license                 vary a station’s radiated power with
                                                  a one translator per AM station basis.                  be encompassed by either a 5 mV/m                      carrier modulation, enabling power
                                                  FM translator stations modified and/or                  nighttime signal or an NIF signal (except              savings. The Commission adopted this
                                                  relocated during these modification                     in the case of Class D stations, which                 proposal.
                                                  windows will be subject to the same                     have no protected nighttime service).                     18. The last of the proposals set forth
                                                  four-year operating condition currently                 MMTC argued that, as communities                       in the NPRM was to modify the AM
                                                  attached to FM translators relocated                    grow and boundaries expand farther                     antenna efficiency standards set forth in
                                                  using Mattoon waivers.                                  from an AM transmitter site, it becomes                the Commission’s Rules. MMTC had, in
                                                     15. To further promote the long-term                 impossible for the station to comply                   its 2009 Radio Rescue Petition, argued
                                                  viability of the AM service, the                        with the community coverage rules, and                 that the Commission’s long-standing
                                                  Commission also directed the Bureaus                    further argued that scarcity of land                   rules mandating minimum lengths for
                                                  to open, in 2017 after completion of the                suitable for AM transmission systems                   AM radiators and ground systems, to
                                                  Incentive Auction, Auction 1000, two                    makes it difficult or impossible for such              assure efficient transmission, were
                                                  auction windows for new FM translator                   stations to find rule-compliant                        outdated and limited AM stations’
                                                  stations to rebroadcast AM stations,                    transmitter sites. MMTC thus suggested,                flexibility in choosing transmission
                                                  open to AM licensees and permittees                     and the Commission proposed, that the                  system sites in an era of diminished
                                                  that did not file applications in either of             rule be changed to allow an existing AM                property availability for such sites.
                                                  the modification windows. As with the                   station to cover only 50 percent of either             MMTC suggested replacing the
                                                  modification windows, the first new FM                  the population or the area of its                      minimum efficiency standards with a
                                                  translator auction window will be                       community of license with a 5 mV/m                     ‘‘minimum radiation’’ standard, its
                                                  limited to applications filed by licensees              signal during the day, and to eliminate                contention being that a station should
                                                  or permittees of Class C and D AM                       the community of license coverage                      be allowed to choose to operate a less
                                                  stations, on a one translator per station               requirement at night. Additionally, the                efficient, less space-intensive
                                                  basis, that did not file applications in                Commission proposed to allow a new                     transmission system, making up for the
                                                  the modification windows. After close                   AM station or one changing its                         lack of system efficiency by using more
                                                  of the first new FM translator auction                  community of license to encompass                      input power to the system to yield the
                                                  window, and after applicants in that                    only 50 percent of either the population               same amount of radiated power. The
                                                  window have had the opportunity to                      or area of the community of license                    Commission questioned some of the
                                                  resolve mutual exclusivity through                      within its nighttime 5 mV/m contour or                 assumptions underlying MMTC’s
                                                  settlement or technical resolution, the                 its NIF contour, whichever value is                    proposal, but agreed that some
                                                  Bureaus will open a second new FM                       higher. Based on substantially favorable               reduction in the antenna efficiency
                                                  translator auction window, which will                   commenter support, the Commission                      standards might provide some relief to
                                                  be open to all AM licensees and                         adopted these proposals, adding the                    AM broadcasters. Accordingly, the
                                                  permittees, of any class, that did not                                                                         Commission proposed a 25 percent
                                                                                                          proviso that any request to utilize the
                                                  participate in either of the modification                                                                      reduction in the antenna efficiency
                                                                                                          new community coverage standards
                                                  windows or the first auction window.                                                                           standards, and requested comment on
                                                                                                          within the first four years of on-air
                                                  The new FM translator auction                                                                                  the technical underpinnings to any
                                                                                                          operations, exclusive of any periods of
                                                  windows will otherwise follow the                                                                              further reduction in, or elimination of,
                                                                                                          reduced operation or silence, would be
                                                  proposal in the NPRM: Participation                                                                            those standards.
                                                                                                          met with increased scrutiny and granted
                                                  will be limited to AM licensees and
                                                                                                          only upon a compelling showing.                        Summary of Significant Issues Raised
                                                  permittees, each applicant may apply
                                                  for one and only one translator station                    17. The Commission also proposed, in                by Public Comments in Response to the
                                                  that must comply with our siting rules                  the NPRM, to eliminate the so-called                   IRFA
                                                  for FM fill-in translators rebroadcasting               ‘‘ratchet rule.’’ This rule required a                   19. There were no comments filed
                                                  AM stations, and any translator                         Class A or B AM station proposing                      that specifically addressed the rules and
                                                  acquired through the FM translator                      signal modifications to demonstrate an                 policies proposed in the IRFA.
                                                  auction windows will be permanently                     overall reduction in the amount of
                                                                                                          skywave interference it caused to other                Description and Estimate of the Number
                                                  linked to the AM primary station
                                                                                                          AM stations; in other words, the                       of Small Entities to Which the Proposed
                                                  acquiring it. Both new FM translator
                                                                                                          modifying station was required to                      Rules Will Apply
                                                  auction windows will include
                                                  opportunities for mutually exclusive                    ‘‘ratchet back’’ radiation in the direction               20. The RFA directs the Commission
                                                  applicants to resolve their mutual                      of certain other AM stations. Two                      to provide a description of and, where
                                                  exclusivity through settlements or                      engineering firms filed a 2009 petition                feasible, an estimate of the number of
                                                  technical resolutions.                                  for rulemaking to eliminate the ratchet                small entities that will be affected by the
                                                     16. In the NPRM, the Commission                      rule, claiming that the rule’s practical               rules adopted herein. 5 U.S.C. 603(b)(3).
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                                                  also proposed to change the daytime                     effect was not, as intended, to reduce                 The RFA generally defines the term
                                                  and nighttime community coverage                        nighttime skywave interference, but                    ‘‘small entity’’ as having the same
                                                  requirements for AM stations. It noted                  rather to discourage station                           meaning as the terms ‘‘small business,’’
                                                  that MMTC had filed a 2009 petition for                 improvements and NIF service by the                    small organization,’’ and ‘‘small
                                                  rule making, which it styled a ‘‘Radio                  modifying station. The Commission                      government jurisdiction.’’ 5 U.S.C.
                                                  Rescue Petition,’’ in which among other                 adopted this proposal after near-                      601(6). In addition, the term ‘‘small
                                                  things it sought some flexibility in                    universal approval by commenters.                      business’’ has the same meaning as the
                                                  transmitter siting for AM stations.                     Likewise, there was little opposition in               term ‘‘small business concern’’ under


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                                                                    Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Rules and Regulations                                          2757

                                                  the Small Business Act. 5 U.S.C. 601(3)                 qualify as small entities under the SBA                some or all AM station licensees and
                                                  (incorporating by reference the                         definition.                                            permittees would assist those entities,
                                                  definition of ‘‘small business concern’’                                                                       the Commission concluded that
                                                                                                          Description of Projected Reporting,
                                                  in 15 U.S.C. 632). A small business                                                                            immediately opening such a window
                                                                                                          Record Keeping and Other Compliance
                                                  concern is one which: (1) Is                            Requirements                                           would be impractical, and could disrupt
                                                  independently owned and operated; (2)                                                                          the robust secondary market in FM
                                                  is not dominant in its field of operation;                 23. As described, certain rules and                 translators. It decided instead to
                                                  and (3) satisfies any additional criteria               procedures will change, although the                   implement, first, a period of outreach to
                                                  established by the Small Business                       changes will not result in substantial                 Class C and D AM station licensees and
                                                  Administration (SBA). 15 U.S.C. 632.                    increases in burdens on applicants. The                permittees, which have lower power
                                                     21. The subject rules and policies                   Commission has added a new form, FCC                   and/or no protected nighttime service,
                                                  potentially will apply to all AM radio                  Form 338, which an AM station must                     to assist them in locating existing
                                                  broadcasting licensees and potential                    use to notify the Commission that it is                translators that could meet their needs.
                                                  licensees. A radio broadcasting station                 initiating operation using MDCL control                Immediately following a three-month
                                                  is an establishment primarily engaged in                technologies. Use of FCC Form 338,                     outreach period, the Commission will
                                                  broadcasting aural programs by radio to                 however, replaces the current procedure
                                                                                                                                                                 open two windows in which applicants
                                                  the public. 15 U.S.C. 632. Included in                  whereby an AM station makes a request
                                                                                                                                                                 may propose to relocate an existing FM
                                                  this industry are commercial, religious,                to use MDCL control technologies. Use
                                                                                                                                                                 translator up to 250 miles, and/or
                                                                                                          of the form is not only less burdensome
                                                  educational, and other radio stations.                                                                         modify a translator to specify any rule-
                                                                                                          than the previous request process, but
                                                  Radio broadcasting stations which                                                                              compliant non-reserved FM channel.
                                                                                                          enables the applicant to initiate MDCL
                                                  primarily are engaged in radio                                                                                 This procedure is expected to lower
                                                                                                          operation immediately, rather than
                                                  broadcasting and which produce radio                                                                           prices for FM fill-in translators for AM
                                                                                                          waiting for Commission approval. The
                                                  program materials are similarly                                                                                stations by opening up the available
                                                                                                          remaining rule changes adopted in the
                                                  included. However, radio stations that                                                                         market, thus benefiting AM station
                                                                                                          First R&O are substantive and do not
                                                  are separate establishments and are                                                                            owners, and would also benefit small
                                                                                                          involve application changes, reporting
                                                  primarily engaged in producing radio                                                                           businesses owning FM translator
                                                                                                          requirements, or record keeping
                                                  program material are classified under                                                                          stations. The first, six-month
                                                                                                          requirements beyond what is already
                                                  another NAICS number. The SBA has                       required. For example, currently                       modification window would be open
                                                  established a small business size                       applicants for AM construction permits                 only to applicants proposing to modify
                                                  standard for this category, which is:                   or modifications are required only to                  FM translators rebroadcasting Class C
                                                  Firms having $38.5 million or less in                   certify that they comply with the                      and D AM stations, followed by a
                                                  annual receipts. 13 CFR 121.201, NAICS                  community coverage requirements of 47                  second, three-month window open to
                                                  code 515112 (updated for inflation in                   CFR 73.24(i). Such applicants will                     applicants to modify translators to
                                                  2008). According to the BIA/Kelsey,                     continue to do so, but under a less                    rebroadcast any class of AM station,
                                                  MEDIA Access Pro Database on October                    stringent rule standard in some cases.                 including for Class C and D stations for
                                                  15, 2015, 4,691 (99.94%) of 4,694 AM                                                                           which there were no applications in the
                                                  radio stations have revenue of $38.5                    Steps Taken To Minimize Significant                    first window. All modification
                                                  million or less. Therefore, the majority                Impact of Small Entities, and                          applications filed in the windows will
                                                  of such entities are small entities. The                Significant Alternatives Considered                    be on a one translator-per-AM station
                                                  Commission noted, however, that, in                        24. The RFA requires an agency to                   basis, and any translator stations
                                                  assessing whether a business concern                    describe any significant alternatives that             modified pursuant to modification
                                                  qualifies as small under the above                      it has considered in reaching its                      window applications will be subject to
                                                  definition, business (control) affiliations             proposed approach, which may include                   the same four-year operating condition
                                                  must be included. 13 CFR 121.103(a)(1).                 the following four alternatives (among                 currently attached to translators
                                                  Our estimate, therefore, likely overstates              others): (1) The establishment of                      modified pursuant to Mattoon waivers.
                                                  the number of small entities that might                 differing compliance or reporting                      The modification windows will provide
                                                  be affected by our action, because the                  requirements or timetables that take into              short-term relief to AM broadcasters.
                                                  revenue figure on which it is based does                account the resources available to small               They will be followed, upon completion
                                                  not include or aggregate revenues from                  entities; (2) the clarification,                       of the Commission’s Incentive Auction
                                                  affiliated companies.                                   consolidation, or simplification of                    proceeding, by two auction windows for
                                                     22. The proposed policies could affect               compliance or reporting requirements                   AM licensees and permittees seeking to
                                                  licensees of FM translator stations, as                 under the rule for small entities; (3) the             obtain new FM translator stations. The
                                                  well as potential licensees in this radio               use of performance, rather than design,                two new FM translator auction windows
                                                  service. The same SBA definition that                   standards; and (4) an exemption from                   will follow a similar pattern to the
                                                  applies to radio broadcast licensees                    coverage of the rule, or any part thereof,             modification windows: the first will be
                                                  would apply to these stations. The SBA                  for small entities. 5 U.S.C. 603(c)(1)–                open only to Class C and D AM
                                                  defines a radio broadcast station as a                  (c)(4).                                                licensees and permittees whose stations
                                                  small business if such station has no                      25. With regard to the proposals in the             were not participants in either
                                                  more than $38.5 million in annual                       NPRM, the Commission received many                     modification window, while the second
                                                  receipts. Currently, there are                          comments proposing different plans for                 will be open to all AM licensees and
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                                                  approximately 6,312 licensed FM                         an FM translator window limited to                     permittees whose stations were not
                                                  translator and booster stations. In                     applicants that hold AM station                        participants in either modification
                                                  addition, there are approximately 225                   authorizations. Most of these comments                 window or the first auction window.
                                                  applicants with pending applications                    centered around whether the window                     The new FM translator auction
                                                  filed in the 2003 translator filing                     could be limited to certain AM                         windows will otherwise be subject to
                                                  window. Given the nature of these                       broadcasters, and to whom it should be                 the same conditions set forth in the
                                                  services, the Commission will presume                   limited. Ultimately, while recognizing                 NPRM, including the limitation of one
                                                  that all of these licensees and applicants              that an exclusive window limited to                    and only one application per applicant,


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                                                  2758              Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Rules and Regulations

                                                  for an FM translator station that must                  service requirements. Additionally, it is                 29. The Commission also received
                                                  comply with our siting rules for FM fill-               not necessarily a burden on radio                      many comments on its proposal to relax,
                                                  in translators rebroadcasting AM                        stations to require that they cover as                 but not eliminate, AM antenna system
                                                  stations, which will be permanently                     much population as possible, because                   efficiency rules. The Commission
                                                  linked to the AM primary station                        increased listenership typically                       proposed a 25 percent reduction in the
                                                  acquiring it. Both new FM translator                    translates into increased advertising                  minimum standards for radiators. The
                                                  auction windows will include                            revenue. Thus, while the Commission                    most significant alternative to this
                                                  opportunities for mutually exclusive                    considered these alternatives, it                      proposal, put forward by many
                                                  applicants to resolve their mutual                      concluded that the proposals as adopted                commenters, was to eliminate the
                                                  exclusivity through settlements or                      provided the most relief to AM                         efficiency standards for AM
                                                  technical resolutions. In adopting this                 broadcasters while still adhering to the               transmission systems altogether, leaving
                                                  process of modification windows                         requirements of the Communications                     it to the individual broadcaster to
                                                  followed by new translator auction                      Act and the expectation that a station                 decide how much power to feed into the
                                                  windows, the Commission intends to                      will provide local service.                            system in order to achieve the level of
                                                  provide immediate relief through a                         27. As for the proposed repeal of the               signal radiation needed to provide rule-
                                                  modified secondary translator market                    ratchet rule, the vast majority of                     compliant coverage. Such a proposal,
                                                  for AM broadcasters that are small                      commenters favored that repeal because                 while power-intensive, would allow AM
                                                  businesses, while providing some of                     of the burdens the rule placed on                      broadcasters to install less-efficient
                                                  those businesses an opportunity to                      broadcasters seeking to improve their                  transmission systems in smaller plots of
                                                  acquire a new fill-in FM translator at a                facilities and, thus, their signal                     land, using radiators (towers) short
                                                  later time, if that better comports with                coverage. There were no significant                    enough to avoid zoning or FAA
                                                  their situation.                                        alternatives to consider other than                    strictures. In considering this
                                                                                                          leaving the rule in effect, which was                  alternative, however, the Commission
                                                     26. With regard to the other, more
                                                                                                          only favored by a few commenters.                      was also informed by those commenters
                                                  technical proposals in the NPRM, the
                                                                                                          Those favoring retention of the rule did               pointing out that inefficient AM
                                                  Commission’s proposals were in most
                                                                                                          so in order to retain the interference                 transmission systems, with short towers
                                                  cases supported by a majority of
                                                                                                          reduction benefits for which it was                    and/or ground systems, tend to be
                                                  commenters, giving little reason to
                                                                                                          designed. The Commission, however,                     unstable, and might also result in
                                                  consider alternatives. The proposals to                 agreed with those commenters,                          greater levels of high-angle skywave
                                                  reduce community coverage                               including many broadcasters, who                       interference to other stations. The
                                                  requirements for existing AM                            argued that the benefits of increased                  Commission seeks to reduce burdens on
                                                  broadcasters were grounded in the idea                  flexibility in facility improvement                    AM broadcasters, but must also protect
                                                  that such broadcasters, small businesses                outweighed the minimal interference                    the integrity of the service, including
                                                  that in some cases had occupied their                   reduction resulting from the ratchet                   minimizing inter-station interference.
                                                  transmitter sites for decades, could not                rule’s application.                                    After considering the alternatives, the
                                                  easily change transmitter sites because                    28. The Commission’s proposal                       Commission concluded that adopting its
                                                  their communities of license had grown,                 regarding notification procedures for                  proposed 25 percent reduction of AM
                                                  and land had become increasingly                        MDCL control technology use by AM                      antenna system efficiency standards
                                                  expensive, thus making it difficult or                  broadcasters did not involve a                         represented the best accommodation
                                                  impossible to locate new, rule-                         substantive change in the rules, merely                between those considerations. It also
                                                  compliant sites. Relaxing the                           a procedural change whereby AM                         decided, however, that more real-world
                                                  community coverage standards for                        broadcasters wishing to use such                       data on inefficient AM transmission
                                                  existing AM stations reduces burdens                    technologies would no longer have to                   systems was called for, and therefore
                                                  on such businesses by relieving them of                 seek leave to do so, but would notify the              indicated that it would be willing to
                                                  the obligation to locate other, more                    Commission of the fact. Those                          allow the installation of alternative or
                                                  expensive transmitter sites or upgrading                commenters opposed to the proposal                     inefficient systems on an experimental
                                                  their equipment to meet those                           did not oppose it as much as question                  basis, upon a showing that such systems
                                                  standards. Some commenters suggested                    the benefits of MDCL control                           are stable and will not cause excessive
                                                  that the Commission abandon                             technologies, observing that they are                  interference to other AM stations, and
                                                  community coverage rules altogether, or                 only available to stations with newer                  subject to the monitoring and reporting
                                                  re-define ‘‘community’’ to mean                         transmitters, that in some cases the                   requirements in Part 5 of the
                                                  something other than geographic                         power savings are minimal, and that the                Commission’s Rules. Data gleaned from
                                                  boundaries. While such re-definitions                   fluctuations in signal power could result              such experimental operations, it is
                                                  would provide further relief to AM                      in decreased listenability. These                      hoped, will allow the Commission to
                                                  broadcasters, the Commission rejected                   objections, however, do not go to the                  consider, in the future, whether the AM
                                                  them in part because 47 U.S.C. 307(b)                   Commission’s proposal, which merely                    antenna system efficiency rules could be
                                                  requires that radio stations be assigned                makes it easier for those AM stations                  relaxed further or eliminated.
                                                  fairly and equitably among the several                  opting to use MDCL control
                                                  States and communities, and that any                    technologies to do so. Although the                    Report to Congress
                                                  re-definition of ‘‘community’’ would                    proposal does introduce a new                            30. The Commission will send a copy
                                                  run counter to the Commission’s                         notification form, this form replaces the              of the First R&O, including this FRFA,
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                                                  historic expectation that a radio station               former system of requesting leave to use               in a report to be sent to Congress and
                                                  meet its local service obligations, that is,            MDCL control technologies, and should                  the Government Accountability Office
                                                  provide service to the designated                       result in an overall decrease in the                   pursuant to the Small Business
                                                  community, and adapt its programming                    burden on AM stations electing to use                  Regulatory Enforcement Fairness Act of
                                                  to the shifting needs of that community.                the technologies. The Commission thus                  1996. 5 U.S.C. 801(a)(1)(A). In addition,
                                                  The principle of broadcast localism,                    decided that adoption of the proposal                  the Commission will send a copy of the
                                                  which derives from Section 307(b),                      should be favored over retention of the                First R&O, including the FRFA, to the
                                                  requires that there be certain minimum                  prior procedure.                                       Chief Counsel for Advocacy of the Small


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                                                                    Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Rules and Regulations                                                            2759

                                                  Business Administration. A copy of the                  either the carrier power level or both the             free contour, whichever value is higher.
                                                  First R&O and FRFA (or summaries                        carrier and sideband power levels as a                 That Class D stations with nighttime
                                                  thereof) will also be published in the                  function of the modulation level.                      authorizations need not demonstrate
                                                  Federal Register. (See 5 U.S.C. 604(b)).                *     *     *     *     *                              such coverage during nighttime
                                                                                                          ■ 3. In § 73.21 revise paragraphs (a)(2)
                                                                                                                                                                 operation.
                                                  Ordering Clauses
                                                                                                          and (3) to read as follows:                            *     *     *     *     *
                                                     31. Accordingly, it is ordered that                                                                         ■ 5. In § 73.182 revise the first sentence
                                                  pursuant to the authority contained in                  § 73.21 Classes of AM broadcast channels               in paragraph (a)(1)(ii) introductory text;
                                                  Sections 1, 2, 4(i), 303, 307, and 309(j)               and stations.                                          revise paragraph (a)(4); revise the
                                                  of the Communications Act of 1934, 47                      (a) * * *                                           second sentence in paragraph (m), the
                                                  U.S.C. 151, 152, 154(i), 303, 307, and                     (2) Class B station. Class B stations are           table, and Note (2) to paragraph (m); and
                                                  309(j), that this First Report and Order                authorized to operate with a minimum                   revise paragraph (q) to read as follows:
                                                  is adopted.                                             power of 0.25 kW (or, if less than 0.25
                                                     32. It is further ordered that, pursuant             kW, an equivalent RMS antenna field of                 § 73.182 Engineering standards of
                                                  to the authority found in Sections 1, 2,                at least 107.5 mV/m at 1 kilometer) and                allocation.
                                                  4(i), 303, 307, and 309(j) of the                       a maximum power of 50 kW, or 10 kW                        (a) * * *
                                                  Communications Act of 1934, 47 U.S.C.                   for stations that are authorized to                       (1) * * *
                                                  151, 152, 154(i), 303, 307, and 309(j),                 operate in the 1605–1705 kHz band.                        (ii) Class A stations in Alaska operate
                                                  the Commission’s Rules are hereby                          (3) Class D station. A Class D station              on the channels allocated by § 73.25
                                                  amended as set forth herein and in                      operates either daytime, limited time or               with a minimum power of 10 kW, a
                                                  Appendix A to the First R&O.                            unlimited time with nighttime power                    maximum power of 50 kW and an
                                                     33. It is further ordered that the rules             less than 0.25 kW and an equivalent                    antenna efficiency of 215 mV/m/kW at
                                                  adopted herein will become effective                    RMS antenna field of less than 107.5                   1 kilometer. * * *
                                                  February 18, 2016, except for 47 CFR                    mV/m at 1 kilometer. Class D stations                  *       *    *     *     *
                                                  73.1560, which contains new or                          shall operate with daytime powers not                     (4) Class D stations operate on clear
                                                  modified information collection                         less than 0.25 kW nor more than 50 kW.                 and regional channels with daytime
                                                  requirements that require approval by                   Nighttime operations of Class D stations               powers of not less than 0.25 kW (or
                                                  the Office of Management and Budget                     are not afforded protection and must                   equivalent RMS field of 107.5 mV/m at
                                                  (OMB) under the Paperwork Reduction                     protect all Class A and Class B                        1 kilometer if less than 0.25 kW) and not
                                                  Act (PRA), and which will become                        operations during nighttime hours. New                 more than 50 kW. Class D stations that
                                                  effective after the Commission publishes                Class D stations that had not been                     have previously received nighttime
                                                  a document in the Federal Register                      previously licensed as Class B will not                authority to operate with powers of less
                                                  announcing such approval and the                        be authorized.                                         0.25 kW (or equivalent RMS fields of
                                                  relevant effective date.                                *      *     *    *     *                              less than 107.5 mV/m at 1 kilometer) are
                                                  List of Subjects in 47 CFR Part 73                      ■ 4. In § 73.24 revise paragraph (i) to                not required to provide nighttime
                                                                                                          read as follows:                                       coverage in accordance with § 73.24(i)
                                                    Communications equipment, Radio,                                                                             and are not protected from interference
                                                  Reporting and recordkeeping                             § 73.24 Broadcast facilities; showing                  during nighttime hours. Such nighttime
                                                  requirements, Federal Communications                    required.                                              authority is permitted on the basis of
                                                  Commission.                                             *      *     *      *    *                             full nighttime protection being afforded
                                                  Gloria J. Miles,                                           (i) That, for all proposals for new                 to all Class A and Class B stations.
                                                  Federal Register Liaison Officer, Office of the         stations, applications to modify a                     *       *    *     *     *
                                                  Secretary.                                              construction permit for an unlicensed                     (m) * * * Certain approximations,
                                                                                                          station, and all applications to change a              based on the curve or other appropriate
                                                  Rule Changes                                            station’s community of license, the                    theory, may be made when other than
                                                    For the reasons discussed in the                      daytime 5 mV/m contour encompasses                     such antennas and ground systems are
                                                  preamble, the Federal Communications                    the entire principal community to be                   employed, but in any event the effective
                                                  Commission amends 47 CFR part 73 as                     served. That, for all other applications               field to be employed shall not be less
                                                  follows:                                                for modification of licensed stations, the             than the following:
                                                                                                          daytime 5 mV/m contour encompasses
                                                  PART 73—RADIO BROADCAST                                 either 50 percent of the area, or 50                                                                     Effective
                                                  SERVICES                                                percent of the population, of the                                  Class of station                         field
                                                                                                          principal community to be served. That,                                                                  (at 1 km)
                                                  ■ 1. The authority citation for part 73                 for all proposals for new stations in the
                                                  continues to read as follows:                                                                                  All Class A (except Alaskan) .....               275 mV/m.
                                                                                                          535–1605 kHz band, applications to                     Class A (Alaskan), B and D ......                215 mV/m.
                                                    Authority: 47 U.S.C. 154, 303, 334, 336,              modify a construction permit for an                    Class C ......................................   180 mV/m.
                                                  and 339.                                                unlicensed station, or applications to
                                                  ■ 2. Section 73.14 is amended by adding                 change a station’s community of license,               *       *        *        *        *
                                                  in alphabetical order the definition for                either 50 percent of the area, or 50
                                                                                                                                                                    Note (2): For Class B stations in Alaska,
                                                  ‘‘Modulation dependent carrier level                    percent of the population of the
                                                                                                                                                                 Hawaii, Puerto Rico, and the U.S. Virgin
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                                                  (MDCL) control technologies’’ to read as                principal community is encompassed by                  Islands, 180 mV/m shall be used.
                                                  follows:                                                the nighttime 5 mV/m contour or the
                                                                                                          nighttime interference-free contour,                   *     *     *    *     *
                                                  § 73.14   AM broadcast definitions.                     whichever value is higher. That, for                     (q) Normally protected service
                                                  *    *    *     *     *                                 stations in the 1605–1705 kHz band, 50                 contours and permissible interference
                                                    Modulation dependent carrier level                    percent of the principal community is                  signals for broadcast stations are as
                                                  (MDCL) control technologies.                            encompassed by the nighttime 5 mV/m                    follows (for Class A stations, see also
                                                  Transmitter control techniques that vary                contour or the nighttime interference-                 paragraph (a) of this section):


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                                                  2760                     Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Rules and Regulations

                                                                                                                             Signal strength contour of area protected from                                               Permissible interfering signal
                                                                                                                             objectionable interference [remove footnote reference]                                                  (μV/m)
                                                                                         Class of channel
                                                      Class of station                                                                            (μV/m)
                                                                                              used
                                                                                                                                                                                                                           Day 1                        Night 2
                                                                                                                                         Day 1                                      Night

                                                  A ...............................   Clear .......................       SC 100 ..........................          SC 500 50% SW ...........                  SC 5 ........................     SC 25.
                                                                                                                          AC 500 ..........................          AC 500 GW ...................              AC 250 ....................       AC 250.
                                                  A (Alaskan) ...............         ......do ......................     SC 100 ..........................          SC 100 50% SW ...........                  SC 5 ........................     SC 5.
                                                                                           ............................   AC 500 ..........................          AC 500 GW ...................              AC 250 ....................       AC 250.
                                                  B ...............................   Clear .......................       500 ................................       2000 1 ............................        25 ............................   25.
                                                                                      Regional ..................         ........................................   ........................................   AC 250 ....................       250.
                                                  C ...............................   Local .......................       500 ................................       No presc.3 .....................           SC 25 ......................      Not presc.
                                                  D ...............................   Clear .......................       500 ................................       Not presc. ......................          SC 25 ......................      Not presc.
                                                                                      Regional ..................         ........................................   ........................................   AC 250.
                                                      1 Groundwave.
                                                      2 Skywave
                                                              field strength for 10 percent or more of the time.
                                                      3 During
                                                            nighttime hours, Class C stations in the contiguous 48 States may treat all Class B stations assigned to 1230, 1240, 1340, 1400,
                                                  1450, and 1490 kHz in Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands as if they were Class C stations.


                                                    Note: SC = Same channel; AC = Adjacent                                   maintained as near as practicable to the                                      SUPPLEMENTARY INFORMATION:       The
                                                  channel; SW = Skywave; GW = Groundwave                                     authorized antenna input power and                                            DTAR, which supplement the Federal
                                                  *     *     *     *     *                                                  may not be less than 90 percent nor                                           Acquisition Regulation, are codified at
                                                                                                                             greater than 105 percent of the                                               48 CFR chapter 10. In order to update
                                                  ■ 6. In § 73.189 revise paragraph (b)(2)                                   authorized power. AM stations may,                                            certain elements in 48 CFR chapter 10,
                                                  to read as follows:                                                        without prior Commission authority,                                           the Department issued final rules on
                                                  § 73.189 Minimum antenna heights or field                                  commence MDCL control technology                                              March 20, 2014 (79 FR 15551) and
                                                  strength requirements.                                                     use, provided that within 10 days after                                       March 4, 2015 (80 FR 11595). In the
                                                  *       *    *     *     *                                                 commencing such operation, the                                                final rules, a correction to the heading
                                                     (b) * * *                                                               licensee submits an electronic                                                of section 1052.201–70 and paragraph
                                                     (2) These minimum actual physical                                       notification of commencement of MDCL                                          (f) of the section were inadvertently
                                                  vertical heights of antennas permitted to                                  control operation using FCC Form 338.                                         omitted. In addition, section 1052.222–
                                                  be installed are shown by curves A, B,                                     The transmitter of an AM station                                              70 was not incorporated and the
                                                  and C of Figure 7 of § 73.190 as follows:                                  operating using MDCL control                                                  heading for subpart 1022.70 was
                                                     (i) Class C stations, and stations in                                   technology, regardless of the MDCL                                            incorrectly listed as subpart 1022.7.
                                                  Alaska, Hawaii, Puerto Rico and the                                        control technology employed, must                                             These items are corrected in this
                                                  U.S. Virgin Islands on 1230, 1240, 1340,                                   achieve full licensed power at some                                           document.
                                                  1400, 1450 and 1490 kHz that were                                          audio input level or when the MDCL
                                                                                                                             control technology is disabled. MDCL                                          List of Subjects in 48 CFR Parts 1022
                                                  formerly Class C and were redesignated                                                                                                                   and 1052
                                                  as Class B pursuant to § 73.26(b), 45                                      control operation must be disabled
                                                  meters or a minimum effective field                                        before field strength measurements on                                              Government procurement.
                                                  strength of 180 mV/m for 1 kW at 1                                         the station are taken.
                                                                                                                                                                                                             Accordingly, the Department of the
                                                  kilometer (90 mV/m for 0.25 kW at 1                                        [FR Doc. 2015–31950 Filed 1–15–16; 8:45 am]
                                                                                                                                                                                                           Treasury amends 48 CFR chapter 10 as
                                                  kilometer). (This height applies to a                                      BILLING CODE 6712–01–P
                                                                                                                                                                                                           follows:
                                                  Class C station on a local channel only.
                                                  Curve A shall apply to any Class C                                                                                                                       PART 1022—MINORITY AND WOMEN
                                                  stations in the 48 conterminous States                                     DEPARTMENT OF THE TREASURY                                                    INCLUSION
                                                  that are assigned to Regional channels.)
                                                     (ii) Class A (Alaska), Class B and Class                                48 CFR Parts 1022 and 1052                                                    ■ 1. The authority citation for part 1022
                                                  D stations other than those covered in                                                                                                                   continues to read as follows:
                                                  § 73.189(b)(2)(i), a minimum effective                                     Department of the Treasury
                                                                                                                             Acquisition Regulation; Correction                                                 Authority: 12 U.S.C. 5452.
                                                  field strength of 215 mV/m for 1 kW at
                                                  1 kilometer.                                                               AGENCY:  Office of the Procurement                                            Subpart 1022.7 [Redesignated as
                                                     (iii) Class A stations, a minimum                                       Executive, Treasury.                                                          subpart 1022.70]
                                                  effective field strength of 275 mV/m for                                   ACTION: Correcting amendments.
                                                  1 kW at 1 kilometer.                                                                                                                                     ■ 2. Redesignte subpart 1022.7 as
                                                  *       *    *     *     *                                                 SUMMARY:   On March 20, 2014 and                                              subpart 1022.70.
                                                                                                                             March 4, 2015, the Department of the
                                                  ■ 5. In § 73.1560 revise paragraph (a)(1)
                                                                                                                             Treasury published in the Federal                                             PART 1052—SOLICITATION
                                                  to read as follows:                                                        Register amendments to the Department                                         PROVISIONS AND CONTRACT
                                                  § 73.1560 Operating power and mode                                         of the Treasury Acquisition Regulation                                        CLAUSES
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                                                  tolerances.                                                                (DTAR). This document includes
                                                    (a) AM stations. (1) Except for AM                                       correcting amendments to address                                              ■ 3. The authority citation for part 1052
                                                  stations using modulation dependent                                        inadvertent errors.                                                           continues to read as follows:
                                                  carrier level (MDCL) control technology,                                   DATES: Effective date: January 19, 2016.                                           Authority: 41 U.S.C. 1707.
                                                  or as provided for in paragraph (d) of                                     FOR FURTHER INFORMATION CONTACT:
                                                  this section, the antenna input power of                                   Thomas O’Linn, Procurement Analyst,                                           ■ 4. In section 1052.201–70, revise the
                                                  an AM station, as determined by the                                        Office of the Procurement Executive, at                                       section heading and add paragraph (f) to
                                                  procedures specified in § 73.51, must be                                   (202) 622–2092.                                                               read as follows:


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Document Created: 2016-01-16 01:10:32
Document Modified: 2016-01-16 01:10:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective February 18, 2016, except for the amendment to 47 CFR 73.1560, which contains new or modified information collection requirements that require approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act (PRA), and which will become effective after the Commission publishes a document in the Federal Register announcing such approval and the relevant effective date.
ContactPeter Doyle, Chief, Media Bureau, Audio Division, (202) 418-2700 or [email protected]; Thomas Nessinger, Senior Counsel, Media Bureau, Audio Division, (202) 418-2700 or [email protected] For additional information concerning the Paperwork Reduction Act information collection requirements contained in this document, contact Cathy Williams at 202-418-2918, or via the Internet at [email protected]
FR Citation81 FR 2751 
CFR AssociatedCommunications Equipment; Radio; Reporting and Recordkeeping Requirements and Federal Communications Commission

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