81_FR_2829 81 FR 2818 - Revitalization of the AM Radio Service

81 FR 2818 - Revitalization of the AM Radio Service

FEDERAL COMMUNICATIONS COMMISSION

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

Page Range2818-2831
FR Document2015-31949

In this document, the Commission adopted a Further Notice of Proposed Rulemaking (FNPRM), in which it sought comment on several proposals designed to revitalize the AM broadcast radio service, or to reduce burdens on AM broadcasters. The Commission further adopted a Notice of Inquiry (NOI), in which it sought comment on two proposals designed to revitalize the AM broadcast radio service. One of the proposals, regarding increased utilization of the AM expanded band, was suggested by several commenters in response to the NPRM in this proceeding, The second proposal, for relaxation of the Commission's main studio rules for AM stations, was suggested by a commenter and supported by others.

Federal Register, Volume 81 Issue 11 (Tuesday, January 19, 2016)
[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Proposed Rules]
[Pages 2818-2831]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31949]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

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


Revitalization of the AM Radio Service

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission adopted a Further Notice of 
Proposed Rulemaking (FNPRM), in which it sought comment on several 
proposals designed to revitalize the AM broadcast radio service, or to 
reduce burdens on AM broadcasters. The Commission further adopted a 
Notice of Inquiry (NOI), in which it sought comment on two proposals 
designed to revitalize the AM broadcast radio service. One of the 
proposals, regarding increased utilization of the AM expanded band, was 
suggested by several commenters in response to the NPRM in this 
proceeding, The second proposal, for relaxation of the Commission's 
main studio rules for AM stations, was suggested by a commenter and 
supported by others.

DATES: Comments may be filed on or before March 21, 2016 and reply 
comments may be filed on or before April 18, 2016. Written comments on 
the Paperwork Reduction Act proposed information collection 
requirements must be submitted by the public, Office of Management and 
Budget (OMB), and other interested parties on or before March 21, 2016.

ADDRESSES: You may submit comments, identified by MB Docket No. 13-249, 
by any of the following methods:
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the Commission's Electronic Comment 
Filing System (ECFS), through the Commission's Web site http://fjallfoss.fcc.gov/ecfs2/. Filers should follow the instructions 
provided on the Web site for submitting comments. For ECFS filers, in 
completing the transmittal screen, filers should include their full 
name, U.S. Postal service mailing address, and MB Docket No. 13-249.
     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. Filings can be sent by 
hand or messenger delivery, by commercial overnight courier, or by 
first-class or overnight U.S. Postal Service mail (although the 
Commission continues to experience delays in receiving U.S. Postal 
Service mail). All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.

For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Peter Doyle, Chief, Media Bureau, 
Audio Division, (202) 418-2700; Thomas Nessinger, Senior Counsel, Media 
Bureau, Audio Division, (202) 418-2700. For additional information 
concerning the Paperwork Reduction Act (PRA) information collection 
requirements contained in this document, contact Cathy Williams at 202-
418-2918, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking, FCC 15-142, adopted October 21, 
2015, and released October 23, 2015.

Initial Paperwork Reduction Act of 1995 Analysis

    The FNPRM contains proposed information collection requirements 
subject to the PRA, Public Law 104-13. OMB, the general public, and 
other Federal agencies are invited to comment on the proposed new and 
modified information collection requirements contained in this FNPRM.
    Comments on the proposed information collection requirements should 
address: (a) Whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology. 
Pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 
107-198, see 44 U.S.C. 3506(c)(4), the FCC seeks specific comment on 
how it might ``further reduce the information collection burden for 
small business concerns with fewer than 25 employees.''
    In addition to filing comments with the Secretary, a copy of any 
Paperwork Reduction Act comments on the information collection 
requirements contained herein should be submitted to Cathy Williams, 
Federal Communications Commission, Room 1-C823, 445 12th Street SW., 
Washington, DC 20554, or via the Internet to [email protected], 
and to Nicholas A. Fraser, Office of Management and Budget (OMB), via 
the Internet to [email protected].
    To view a copy of this information collection request (ICR) 
submitted to OMB: (1) Go to the Web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web page called ``Currently 
Under Review,'' (3) click on the downward-pointing arrow in the 
``Select Agency'' box below the ``Currently Under Review'' heading, (4) 
select ``Federal Communications Commission'' from the list of agencies 
presented in the ``Select Agency'' box, (5) click the ``Submit'' button 
to the right of the ``Select Agency'' box, (6) when the list of FCC 
ICRs currently under review appears, look for the Title of this ICR and 
then click on the ICR Reference Number. A copy of the FCC submission to 
OMB will be displayed.
    The proposed information collections are as follows:
    OMB Control Number: 3060-0075.
    Title: Application for Transfer of Control of a Corporate Licensee 
or Permittee, or Assignment of License or Permit, for an FM or TV 
Translator Station, or a Low Power Television Station, FCC Form 345.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not for profit 
institutions; Local or Tribal Government.
    Number of Respondents and Responses: 1,700 respondents; 2,700 
responses.
    Estimated Time per Response: 0.084-1.25 hours.
    Frequency of Response: Third party disclosure requirement and on 
occasion reporting requirement.
    Total Annual Burden: 2,667 hours.
    Total Annual Cost: $3,958,125.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection of information is contained in 
Sections 154(i) and 310 of the Communications Act of 1934, as amended.

[[Page 2819]]

    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act Impact Assessment: No impact(s).
    Needs and Uses: Filing of the FCC Form 345 is required when 
applying for authority for assignment of license or permit, or for 
consent to transfer of control of a corporate licensee or permittee for 
an FM or TV translator station, or low power TV station.
    This collection also includes the third party disclosure 
requirement of 47 CFR 73.3580 (OMB approval was received for Section 
73.3580 under OMB Control Number 3060-0031). 47 CFR 73.3580 requires 
local public notice in a newspaper of general circulation in the 
community in which the station is located or providing notice over the 
air of the filing of all applications for assignment of license/permit. 
This notice must be completed within 30 days of the tendering of the 
application. A copy of the newspaper notice or a record of the 
broadcast notice and the application must be placed in the public 
inspection file.
    On June 29, 2009, the Commission adopted a Report and Order, 
Amendment of Service and Eligibility Rules for FM Broadcast Translator 
Stations, MB Docket No. 07-172, FCC 09-59, 24 FCC Rcd 9642 (2009), 74 
FR 45126,Sept. 1, 2009, 74 FR 46382, Sept. 9, 2009. In the 2009 Report 
and Order, the Commission adopted changes to the FM translator rules 
that allowed AM stations to use authorized FM translator stations to 
rebroadcast the AM signal locally, retransmitting their AM programming 
as a ``fill-in'' service. The adopted cross-service translating rules 
limited FM translators to providing ``fill-in'' service only, 
specifically within the AM primary station's authorized service area.
    AM radio stations use Form 345 to apply for authority to assign or 
transfer such fill-in FM translator stations. Consistent with actions 
taken by the Commission in the 2009 Report and Order, the following 
changes were made to Form 345: Section III of Form 345 included a new 
certification concerning compliance with the AM station ``fill-in'' 
service requirements. Specifically, in the AM service, applicants 
certify that the coverage contour (1 mV/m) of the FM translator station 
is contained within the lesser of: (a) The 2 mV/m daytime contour of 
the AM primary station being rebroadcast, or (b) a 25-mile radius 
centered at the AM station's transmitter site.
    On October 21, 2015, the Commission adopted a First Report and 
Order, Further Notice of Proposed Rulemaking, and Notice of Inquiry, in 
Revitalization of the AM Radio Service, MB Docket No. 13-249, FCC 15-
142. In the Further Notice of Proposed Rulemaking component of this 
rulemaking proceeding (FNPRM), the Commission proposes to make the 
following rule (and Form) changes to this information collection: 
Modify Section 74.1201(g) of the rules to provide that the coverage 
contour (1 mV/m) of an FM translator station rebroadcasting an AM radio 
station as its primary station must be contained within the greater of 
either the 2 mV/m daytime contour of the AM station, or a 25-mile 
radius centered at the AM station's transmitter site, but that in no 
event may the FM translator's 1 mV/m coverage contour extend beyond a 
40-mile (64 km) radius centered at the AM station's transmitter site.
    Consistent with actions proposed by the Commission in the FNPRM, 
the following change is made to Form 345: Section III of Form 345 
includes a new certification concerning compliance with the new AM 
station ``fill-in'' service requirements. Specifically, applicants will 
now certify that the 1 mV/m coverage contour of the FM translator 
station is contained within the greater of either: (a) The 2 mV/m 
daytime contour of the AM primary station being rebroadcast, or (b) a 
25-mile radius centered at the AM station's transmitter site, but the 
FM translator's 1 mV/m contour may not extend beyond a 40-mile radius 
centered at the AM station's transmitter site. The instructions for 
Section III--Assignee/Transferee have been revised to assist applicants 
with completing the modified question.
    With this submission, the Commission is currently seeking to obtain 
OMB approval for the proposed revisions to 47 CFR 74.1201(g) and FCC 
Form 345 for this information collection. These revisions will not 
increase the number of respondents, number of responses, annual burden 
hours and annual cost for this collection.
    OMB Control Number: 3060-0405.
    Title: Application for Authority to Construct or Make Changes in an 
FM Translator or FM Booster Station, FCC Form 349.
    Form Number: FCC Form 349.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit; State, Local or Tribal 
Government; Not-for-profit institutions.
    Number of Respondents and Responses: 1,200 respondents; 2,400 
responses.
    Estimated Time per Response: 1-1.5 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
Sections 154(i), 303 and 308 of the Communications Act of 1934, as 
amended.
    Total Annual Burden: 4,500 hours.
    Total Annual Cost: $4,674,600.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this information collection.
    Needs and Uses: FCC Form 349 is used to apply for authority to 
construct a new FM translator or FM booster broadcast station, or to 
make changes in the existing facilities of such stations.
    Form 349 also contains a third party disclosure requirement, 
pursuant to 47 CFR 73.3580. This rule requires stations applying for a 
new broadcast station, or to make major changes to an existing station, 
to give local public notice of this filing in a newspaper of general 
circulation in the community in which the station is located. This 
local public notice must be completed within 30 days of the tendering 
of the application. This notice must be published at least twice a week 
for two consecutive weeks in a three-week period. In addition, a copy 
of this notice must be placed in the station's public inspection file 
along with the application, pursuant to 47 CFR 73.3527. This 
recordkeeping information collection requirement is contained in OMB 
Control No. 3060-0214, which covers Section 73.3527.
    On June 29, 2009, the Commission adopted a Report and Order, 
Amendment of Service and Eligibility Rules for FM Broadcast Translator 
Stations, MB Docket No. 07-172, FCC 09-59, 24 FCC Rcd 9642 (2009), 74 
FR 45126, Sept. 1, 2009, 74 FR 46382, Sept. 9, 2009. In the 2009 Report 
and Order, the Commission adopted changes to the FM translator rules 
that allowed AM stations to use authorized FM translator stations to 
rebroadcast the AM signal locally, retransmitting their AM programming 
as a ``fill-in'' service. The adopted cross-service translating rules 
limited FM translators to providing ``fill-in'' service only, 
specifically within the AM primary station's authorized service area.
    AM radio stations use Form 349 to apply for authorizations to 
operate such fill-in FM translator stations. Consistent with actions 
taken by the Commission in the 2009 Report and Order, the following 
changes were made to Form

[[Page 2820]]

349: Sections II and III of Form 349 included new certifications 
concerning compliance with the AM station ``fill-in'' service 
requirements. Specifically, in the AM service, applicants certify that 
the coverage contour (1 mV/m) of the FM translator station is contained 
within the lesser of: (a) The 2 mV/m daytime contour of the AM primary 
station being rebroadcast, or (b) a 25-mile radius centered at the AM 
station's transmitter site.
    On October 21, 2015, the Commission adopted a First Report and 
Order, Further Notice of Proposed Rulemaking, and Notice of Inquiry, in 
Revitalization of the AM Radio Service, MB Docket No. 13-249, FCC 15-
142. In the Further Notice of Proposed Rulemaking component of this 
rulemaking proceeding (FNPRM), the Commission proposes to make the 
following rule (and Form) changes to this information collection: 
Modify 47 CFR 74.1201(g) of the rules to provide that the coverage 
contour (1 mV/m) of an FM translator station rebroadcasting an AM radio 
station as its primary station must be contained within the greater of 
either the 2 mV/m daytime contour of the AM station, or a 25-mile 
radius centered at the AM station's transmitter site, but that in no 
event may the FM translator's 1 mV/m coverage contour extend beyond a 
40-mile (64 km) radius centered at the AM station's transmitter site.
    Consistent with actions proposed by the Commission in the FNPRM, 
the following changes are made to the Form 349: Sections II and III of 
Form 349 include new certifications concerning compliance with the new 
AM station ``fill-in'' service requirements. Specifically, applicants 
will certify that the 1 mV/m coverage contour of the FM translator 
station is contained within the greater of either: (a) The 2 mV/m 
daytime contour of the AM primary station being rebroadcast, or (b) a 
25-mile radius centered at the AM station's transmitter site, but the 
FM translator's 1 mV/m contour may not extend beyond a 40-mile radius 
centered at the AM station's transmitter site. The instructions for 
Sections II and III have been revised to assist applicants with 
completing the modified questions.
    With this submission, the Commission is currently seeking to obtain 
OMB approval for the proposed revisions to 47 CFR 74.1201(g) and FCC 
Form 349 for this information collection. These revisions will not 
increase the number of respondents, number of responses, annual burden 
hours and annual cost for this collection.

Synopsis of Further Notice of Proposed Rulemaking

    1. A number of commenters in this proceeding advocated reducing 
daytime, nighttime, and critical hours protection afforded to Class A 
AM stations, which operate with up to 50 kilowatts of power, day and 
night, and have large extended service areas, especially at night when 
skywave propagation allows signals to travel hundreds of miles. As a 
result, during daytime hours, over 200 licensed Class B and Class D AM 
stations are required to reduce power and/or change to a directional 
antenna system to meet the required critical hours protection afforded 
to Class A stations. During nighttime hours--if permitted nighttime 
operation at all--other stations often must invest in complex 
directional arrays to protect one of the 73 Class A stations, and/or 
must substantially reduce their power, sometimes resulting in their 
having only secondary nighttime facilities. Even for those Class B 
stations that are protected from interference by other AM stations at 
night, this often results in sub-standard nighttime coverage, in order 
to protect the secondary service area of a larger station a 
considerable distance, and often many states away. Commenters argue 
that they could provide better service, with more power to overcome the 
local noise floor, if the protections to Class A stations were relaxed.
    2. Class A stations have traditionally provided wide-area service 
to different regions of the United States, including rural areas, and 
to travelers driving through their relatively large coverage areas. The 
high power and large extended service areas of these stations have also 
proved invaluable in emergencies, such as Hurricane Katrina and its 
aftermath. Some commenters, however, note that the utility of high-
powered, wide-area AM stations has waned since the early days of radio, 
when the FM service was nonexistent or underutilized, more of the 
population lived outside of major metropolitan areas, and there were 
significantly fewer media choices than there are today. Because of 
this, many commenters believe that the current protection afforded to 
Class A stations should be reduced, in order to allow other, more local 
stations to add or increase day and nighttime power to their listening 
areas. The tradeoff between commenters urging caution in taking any 
steps that would diminish protection to Class A stations and those 
arguing that large protected coverage areas for Class A stations are 
unnecessary appears to be whether the Commission should take steps that 
would deprive Class A stations of listeners far outside of their 
primary service areas, if those steps would allow substantial numbers 
of other stations to improve their service, both day and night, to 
their communities of license and adjacent areas.
    3. While the wide-area service of Class A stations has historically 
proved to be beneficial, the Commission has seen fit in the past to 
reduce protection to their skywave service (see, e.g., Clear Channel 
Broadcasting in the AM Broadcast Band, Report and Order, 78 F.C.C.2d 
1345, 1364 (1980), in which the Commission noted that increasing 
spectrum demands required that protection of such stations (then 
designated Class I-A stations) beyond the nighttime 0.5 mV/m-50 percent 
contour, as well as certain restrictions on adjacent-channel stations, 
be abolished). In this proceeding, the overriding concern is the need 
for existing AM stations to overcome an increasing noise floor that 
inhibits local service, both day and night. While reducing protection 
to a Class A AM station may, in fact, reduce the coverage of that 
station, the areas of reduced coverage would be located at great 
distances from the transmitter and from the metropolitan area that 
constitutes the station's primary service area. At the same time, the 
reduction in protection may well allow other stations to increase their 
power to better serve their communities and, in the case of some 
stations, allow for the first-ever fulltime AM service to those 
communities. The Commission's goal of localism suggests that service 
from a local news and information source should be preferred over 
better reception of a more distant signal.
    4. The Commission tentatively concludes, therefore, that (1) all 
Class A stations should be protected, both day and night, to their 0.1 
mV/m groundwave contour, from co-channel stations; (2) all Class A 
stations should continue to be protected to the 0.5 mV/m groundwave 
contour, both day and night, from first adjacent channel stations; and 
(3) the critical hours protection of Class A stations should be 
eliminated completely. The Commission seeks comment on these proposals, 
specifically on the populations that would lose service from Class A 
stations under this proposal and, to the extent ascertainable, whether 
such populations currently avail themselves of the service that would 
be lost. The Commission also seeks data on areas and populations in the 
United States, if any, that receive service only from Class A AM 
stations, whether day or night. Conversely, it

[[Page 2821]]

requests specific comment as to the numbers of stations that would be 
able to increase power, daytime and nighttime, under this proposal and 
what populations would gain service from those power increases. 
Additional comment is sought concerning the net effect on listeners 
that could result from the combination of reduced protection to Class A 
stations and power increases by co- and adjacent-channel stations that 
this proposal would allow. Would, in fact, such power increases cause 
more loss of service to listeners of Class A stations than gains in 
such service to listeners of upgrading stations? Would current 
listeners of Class A skywave service, not located near stations able to 
avail themselves of power increases due to this proposal, nevertheless 
experience a reduction in skywave service from Class A stations? Would 
the proposed changes disproportionately affect listeners in rural and/
or tribal areas? What effects, if any, would changes in protection to 
Class A stations have on EAS Primary Entry Point stations during 
emergencies? Alternatively, should the Commission consider another 
level of protection to Class A stations, whether greater or less than 
that proposed and, if so, what should that protection be? The 
Commission also seeks comment on whether critical hours protection, if 
not eliminated, should alternatively be modified? Finally, the 
Commission seeks comment on any costs that are likely to result from 
adoption of these proposals or from any alternatives proposed by 
commenters.
    5. Several commenters to the NPRM also proposed that the Commission 
return to the nighttime root-sum-square (RSS) prediction method in 
existence before the Commission's 1991 rule changes. These prediction 
methods are used to calculate values of both interfering field 
strengths from other AM stations and nighttime interference-free (NIF) 
coverage. Prior to 1991, nighttime RSS values of interfering field 
strengths and nighttime interference-free coverage were based on 
calculating the RSS of all interfering signals using the 50 percent 
exclusion method, considering only co-channel interfering signals. In 
the 1991 Technical Assignment Criteria order (6 FCC Rcd 6273 (1991)), 
the Commission changed its method of calculation to include adjacent-
channel signals, and to use a tiered system of RSS calculations. Some 
commenters observed that, despite the Commission's intentions in 
Technical Assignment Criteria, which were to decrease station-to-
station interference in the AM service, in practice the effect was to 
stifle facility improvements, resulting in very little in the way of 
decreased interference. They contend, for example, that the 25 percent 
exclusion method complicates nighttime allocation calculations and 
protection requirements and reduces flexibility for AM station 
improvement and relocation; that consideration of adjacent-channel 
stations in making interference calculations is unnecessary, claiming 
that the Commission instituted this rule in anticipation of wide-band 
AM receivers that never made it to market; and that a return to the 50 
percent exclusion method used prior to 1991, considering only the 
skywave contributions to RSS calculations of co-channel stations, would 
enable AM broadcasters to improve their facilities and signals and, 
thus, overcome the increasing noise floor.
    6. The Commission agreed that the 1991 nighttime skywave 
interference regulations were well-intentioned but, in retrospect, did 
not achieve their intended goals and have resulted in unintended 
adverse consequences, chiefly by impeding facility improvements that 
are more necessary now than 24 years ago, because the noise floor has 
increased as much as or more than station-to-station interference, and 
increasing signal strength to a station's primary service area has 
become more of a priority than maintenance of rules that offer a small 
return on interference reduction, compared to the burden they impose on 
signal improvement. The Commission therefore tentatively concluded that 
it should roll back the 1991 rule changes as they pertain to 
calculation of nighttime RSS values of interfering field strengths and 
NIF service, by amending 47 CFR 78.182(k) to return to predicting the 
NIF coverage area using only the interference contributions from co-
channel stations and the 50 percent exclusion method. The Commission 
seeks comment on this proposal, and invites in particular comment from 
parties with differing views, or that have technical evidence 
demonstrating the effects on inter-station interference of a return to 
the pre-1991 rules for calculating nighttime skywave interference. In 
addition, the Commission seeks comment on any costs that commenters 
believe would result from this proposal.
    7. Commenters also proposed changes to 47 CFR 73.37(a), the rule 
providing daytime protection to AM stations. The rule currently 
specifies a 26 dB daytime desired to undesired (D/U) protection ratio 
for co-channel stations, a 6 dB D/U daytime protection ratio for first 
adjacent channel stations, and a 0 dB daytime D/U protection ratio for 
second and third adjacent channel stations. Commenters proposed that 
the Commission return to the pre-1991 0 dB daytime 1:1 protection ratio 
for first adjacent channels; change second adjacent channel groundwave 
protection; and eliminate third adjacent channel groundwave protection. 
Additionally, several commenters suggested changes to the daytime 
protected contours for Class B, C, and D stations.
    8. The Commission tentatively concludes that these rule changes 
should be adopted. The proposed 0 dB daytime 1:1 first adjacent channel 
protection ratio was the pre-1991 standard, and the post-1991 
protection ratio does not appear to allow for sufficient signal 
strength to overcome current levels of environmental noise. Likewise, 
because third adjacent channel interference is relatively insignificant 
compared to environmental sources of interference, it would seem 
prudent to eliminate third adjacent channel groundwave protection and 
change second adjacent channel groundwave protection to match the 
current levels for third adjacent channel protection, thus allowing AM 
stations to increase power to overcome increased levels of 
environmental noise. Changing the daytime primary service contour for 
Class B, C, and D stations to the 2 mV/m contour harmonizes the 
protection with the definition of service area that was adopted in the 
Second Order on Reconsideration in the Rural Radio proceeding (27 FCC 
Rcd 12829, 12838 (2012)), and would allow AM broadcasters greater 
flexibility to make station modifications designed to increase signal 
strength to their primary service areas. The Commission therefore 
proposes to revise 47 CFR 73.37(a) to reflect the aforementioned 
changes to daytime protected contours for Class B, C, and D AM 
stations, and seeks comment on this proposal. Would the proposed 
reductions in protection result in greater flexibility for AM stations 
to improve their signals, or would they merely increase inter-station 
interference? Would the net effect be beneficial or harmful to AM 
broadcasters and listeners? To the extent possible, commenters should 
provide technical data in support of their arguments. In addition, 
commenters should discuss and, if possible, quantify any costs they 
believe the proposal would entail.
    9. Several commenters to the NPRM request that the Commission 
reconsider the rules for locating cross-service fill-in FM translators. 
Currently, such

[[Page 2822]]

translators must be located such that the 60 dB[micro] contour of any 
such FM translator station must be contained within the lesser of (a) 
the 2 millivolts per meter (mV/m) daytime contour of the AM station, or 
(b) a 25-mile radius centered at the AM transmitter site. Commenters 
argue that the current rule is too restrictive. Some commenters 
maintain that the 25-mile limitation is arbitrary, or that it unfairly 
penalizes stations located far from cities due to land costs or those 
that have deep nulls in their directional patterns. Others advocate 
eliminating the 25-mile restriction and would have us allow the 
translator to be sited anywhere within the 2 mV/m contour, and others 
suggest even more flexibility.
    10. When the Commission adopted the current limits on siting of 
cross-service translators re-broadcasting AM stations, it re-affirmed 
that FM translators re-broadcasting AM stations were intended to fill 
service voids rather than to expand service, and that the adopted 
limits were to ``ensure that fill-in cross-service translators are used 
in the AM station's core market area, rather than in a fringe area that 
may be part of or near another radio market.'' Amendment of Service and 
Eligibility Rules for FM Broadcast Translator Stations, Report and 
Order, 24 FCC Rcd 9642, 9658-59 (2009). In the FNPRM, however, the 
Commission agreed that some additional degree of flexibility is 
appropriate, especially given the factual situations (e.g., highly 
directional antenna patterns with deep signal nulls) described by some 
commenters. The Commission also wished to continue to limit cross-
service translator use to an AM station's core market. It therefore 
proposes to modify 47 CFR 74.1201(g) to provide that the coverage 
contour (1 mV/m) of an FM translator rebroadcasting an AM radio 
broadcast station as its primary station must be contained within the 
greater of either the 2 mV/m daytime contour of the AM station or a 25-
mile (40 km) radius centered at the AM transmitter site, but that in no 
event may the translator's 1 mV/m coverage contour extend beyond a 40-
mile (64 km) radius centered at the AM transmitter site. The Commission 
stated that this proposal provides sufficient flexibility to provide 
useful signal coverage, while not allowing a cross-service fill-in 
translator to extend the station's coverage beyond its core service 
area. The Commission invites further comment on this proposal, 
including comment on any costs that commenters believe are likely to 
arise from the proposal.
    11. Partial proof of performance measurements are required for AM 
stations using directional antennas whenever the licensee has reason to 
believe that the radiated fields may be exceeding the limits for which 
the station is authorized, and whenever minor directional antenna 
system repairs are made that result in certain changes to the station's 
licensed operating parameters. Some commenters request that 47 CFR 
73.154, the current rule governing partial proof of performance field 
strength measurements for AM directional antenna arrays, be modified to 
require measurements only on radials containing a monitoring point. 
Currently, the rule requires field strength measurements on all radials 
with a monitoring point, as well as on radials from the latest complete 
field strength proof of performance that are adjacent to the monitored 
radials, if the array has fewer than four monitored radials. Proponents 
claim that eliminating the requirement to take measurements on non-
monitored radials will reduce the cost to maintain AM directional 
antenna systems in working order. The Commission agreed that the 
proposed reduction in measured radials would result in a cost savings 
for directional antenna system maintenance for AM broadcasters, and 
would not result in more AM directional antenna systems being out of 
adjustment. It therefore tentatively concludes, and proposes, that 47 
CFR 73.154(a) be modified accordingly. The Commission seeks comment on 
this proposal, including comment on whether and to what extent the 
proposed rule modification would reduce costs to AM broadcasters 
employing directional antenna systems.
    12. In 2008, the Commission adopted rules permitting use of Method 
of Moments (MoM) computer modeling to verify the performance of AM 
station directional antenna systems. Since then, over 220 MoM 
directional antenna proofs of performance have been prepared by AM 
station licensees and their engineers and submitted to the Commission 
in support of AM station applications for license. Based on their 
experience gained in the seven years since the adoption of the MoM 
proof rules, several technical commenters propose the following changes 
to the AM MoM proof rules: (1) eliminate or modify the recertification 
measurements requirements and removal of base sampling devices for 
periodic testing in 47 CFR 73.155; (2) eliminate the requirement for 
reference field strength measurements (47 CFR 73.151(c)(3)); (3) 
eliminate the requirement for surveying existing directional antenna 
arrays as long as tower geometry is not being modified and no new 
towers are being added to the array; (4) clarify that 47 CFR 
73.151(c)(1)(viii) applies only when total capacitance used to model 
base region effects exceeds 250 pF and modify same to apply only when 
base current sampling is used; (5) Permit use of MoM modeling for 
skirt-fed towers; (6) Change MoM rules with regard to re-proofing when 
antennas are added to towers; and (7) Eliminate requirement for current 
distribution measurements for top-loaded or other unusual antenna 
configurations when MoM or other numerical analysis method is used to 
determine antenna characteristics.
    13. Based on the Commission's experience with MoM proofs over the 
past seven years, it believed that, except as noted below, the changes 
listed above are well-founded, would improve the quality of the MoM 
proofs submitted to the Commission, would not result in inferior 
adjustments of AM directional antenna arrays, and would eliminate some 
unnecessary expenses for directional antenna array maintenance by AM 
station licensees. It therefore tentatively concludes that the above-
listed procedural and rule changes, with the exception of the 
elimination of reference field strength measurements, should be 
adopted, and invites comment on these changes, particularly from AM 
broadcasters operating with directional antenna arrays. Rather than 
eliminate reference field strength measurements, which provide the only 
external verification that a directional antenna array is operating 
properly, the Commission tentatively concludes and proposes that 47 CFR 
73.151(c)(3) be modified to require reference field strength 
measurements when the initial license application is submitted for a 
directional antenna system based on computer modeling and sample system 
verification. Subsequent licenses for the same directional antenna 
system and physical facilities will not require submission of new 
reference field strength measurements. The Commission seeks comment on 
whether, instead of eliminating recertification measurements, it should 
modify the rules to require them within a specific time period near, 
but prior to, the submission of the station's license renewal 
application, or at some other time interval. What constraints should 
the Commission impose on the physical model of a skirt-fed antenna 
element in the MoM computer program? Due to the complexity of modeling 
a skirt-fed tower, should it require use of specific MoM software to 
model them? What requirements should it specify for

[[Page 2823]]

sampling systems for skirt-fed antenna elements? What costs, if any, 
are likely to arise as a result of any of the foregoing proposals?
    14. In 1991, the Commission adopted rules and procedures for 
initial licensing of stations in the 1605-1705 kHz AM band (Expanded 
Band). In opening up the Expanded Band, the Commission's intent was to 
selectively open the ten Expanded Band frequencies to those existing AM 
stations that most significantly contributed to congestion and 
interference in the standard AM band, removing interference from the 
standard band and providing those stations with more robust, 
interference-free service in the Expanded Band. To ease the financial 
uncertainty of migrating to the then-new and untested Expanded Band, 
the Commission established a five-year transition period, during which 
migrating stations would hold licenses in both the Expanded Band and 
standard AM band, and could simulcast programming over both. This five-
year period was set forth in a condition to each Expanded Band license, 
and began to run as of the date of initial licensing in the Expanded 
Band. After the five-year transition period, each dual-station licensee 
would be required to surrender either its standard band or its Expanded 
Band license. The Commission has never abandoned the requirement that 
the dual standard/Expanded band stations relinquish one of their 
authorizations, and many such stations have done so. The 25 remaining 
such station pairs, listed in Appendix F to the FNPRM, negate the 
Commission's goal to reduce interference in the standard AM band, and 
their retention of both authorizations disserves the other licensees 
who complied with the relinquishment requirement. A number of the 
stations still holding dual standard band/Expanded Band authorizations 
have filed requests for waiver of the surrender condition and 
prohibition against sale of one of the authorizations.
    15. Given the Commission's consideration, in a Notice of Inquiry 
that follows the FNPRM, of further utilization of the Expanded Band, 
along with its general concern for revitalization of the AM service, 
there is no justification for allowing licensee retention of high-
interfering standard band stations along with the Expanded Band 
stations meant to replace them. The Commission therefore tentatively 
concludes that any licensee with dual standard/Expanded Band 
authorizations should be required to surrender one of the two 
authorizations within one year of release of a future Report and Order 
in this proceeding adopting this proposal. The Commission tentatively 
concludes that the required election should be made by the station 
licensee in writing, by letter delivered to the Office of the 
Secretary, with copy to the Media Bureau, Audio Division, not later 
than twelve months following release of a future Report and Order 
adopting this proposal, or such other date as is established in the 
Report and Order and/or in any notice delivered to the licensee by the 
Media Bureau. The Commission further tentatively concludes that, should 
a station not make the election regarding which of the two 
authorizations it wishes to retain within the required time period, its 
standard band authorization should be canceled, and the station 
required to operate only as authorized in the Expanded Band. The 
Commission seeks comment on these proposals, including any comments in 
favor of licensee retention of dual authorizations, comments on whether 
it should adopt a shorter or longer deadline for the required election, 
comments regarding the effect of such retention of dual authorizations 
on the AM service generally and the Expanded Band specifically, and 
comments on any costs associated with surrender of these 
authorizations.

Synopsis of Notice of Inquiry

    16. Utilization of AM Expanded Band. In Review of the Technical 
Assignment Criteria for the AM Broadcast Service, Report and Order, 6 
FCC Rcd 6273, 6302-23 (1991), 56 FR 64842 (Dec. 12, 1991) (Technical 
Assignment Criteria), the Commission established rules and policies for 
stations initially licensed in the Expanded AM Band (1605-1705 kHz) 
(Expanded Band), including technical rules. See generally Technical 
Assignment Criteria, 6 FCC Rcd at 6311-14, 6321-23. For example, it 
decided to administer channels in the Expanded Band on an allotment 
basis based on fixed technical parameters, similar to allotments in the 
FM broadcast band, rather than on an assignment basis as in the 
standard AM band, in which the technical facilities of each station are 
uniquely designed to avoid interference to other stations on the band. 
47 CFR 73.30. A total of 88 Expanded Band channels were originally 
allotted, and licenses were granted to 54 stations that migrated from 
the standard AM band to the Expanded Band. The Commission proposed, in 
the Further Notice of Proposed Rule Making (FNPRM) in this proceeding, 
to require the remaining 25 dual standard-Expanded Band station pairs 
to surrender one authorization each. Now that it has had experience 
with actual, operating Expanded Band AM stations, the Commission 
inquires whether to open up the Expanded Band to additional stations, 
and under what conditions.
    17. Several commenters remark that the Expanded Band is 
underutilized and should be opened up to more stations. Some prefer, as 
before, that the Expanded Band be used for stations migrating from the 
standard band; others believe that preference should first be given to 
applicants for new AM stations, licensed daytime-only AM stations, or 
licensed or new AM stations proposing all-digital operation. Most who 
address the Expanded Band state that stations in that band should be 
assigned in the same way they are assigned in the standard AM band, 
rather than continuing the allotment procedures currently used in the 
Expanded Band. Commenters also urge that a station migrating from the 
standard band to the Expanded Band relinquish its standard band license 
shortly after initiating Expanded Band service. Although many 
commenters address the use of the Expanded Band in helping to 
revitalize the AM service, there are a number of procedural and 
practical decisions to be made before proposing rules for further 
utilization of that band. The Commission believes that a more complete 
record is needed before proposing rules regarding further expansion of 
the 1605-1705 kHz band.
    18. As a threshold matter, the Commission asks commenters whether 
they believe that opening the Expanded Band to further development 
would be beneficial to revitalization of the AM service. Assuming 
agreement with that premise, who should be allowed to receive 
authorizations in the Expanded Band? Should preference be given to new 
stations, to migrators from the standard band, to stations planning 
all-digital operation, or should some other criterion be established? 
If the Expanded Band were opened to new stations, an auction filing 
window would need to be opened, and mutually exclusive applications 
would be subject to all competitive bidding procedures, including 
threshold Section 307(b) comparisons and possible auctions. 
Additionally, if the Expanded Band were opened to major modifications, 
any mutually exclusive groups including major modification applications 
would have the opportunity for settlements or technical resolutions. 47 
CFR 73.5002(d)(1), (2). If the Commission were to reserve the Expanded 
Band for migrators from the standard AM band, should it open a window, 
waive the major change rule,

[[Page 2824]]

and allow migrators to apply as minor modifications on a first-come, 
first-served basis, or use some other mechanism (as, for example, the 
initial assignment of stations to the Expanded Band by prioritizing 
major interferers)? With regard to migrating stations, the Commission 
tentatively agrees with those commenters who have suggested that, in 
the event such migration is allowed, a ``flash cut'' from the standard 
band authorization to the Expanded Band operation should take place, 
that is, the standard band authorization would be relinquished upon 
commencing Expanded Band transmissions. The Commission seeks other 
views on this matter, however.
    19. With regard to Expanded Band technical facilities, currently 
stations in the Expanded Band are allotted on a minimum distance 
separation standard similar to FM stations, rather than the contour-
protection procedures used for standard band AM stations. As noted in 
Technical Assignment Criteria, assigning channels based on contour 
protection maximizes the number of stations on each channel, whereas 
allotting stations based on spacing was believed to promote a higher-
quality technical service in the Expanded Band. 6 FCC Rcd at 6311-12. 
Commenters favoring opening up the Expanded Band overwhelmingly prefer 
instituting contour protection standards. The Commission seeks comment 
on the relative merits of each method of channel assignment or 
allotment. Additionally, to the extent commenters favor contour 
protection, they should also address whether compliance with contour 
protection standards should be limited to use of M3 ground conductivity 
for contour prediction, or should the Commission allow use of measured 
ground conductivities in predicting contours?
    20. The Commission also seeks comment on whether to allow other 
classes and powers of stations (except for Class D stations, which are 
no longer authorized), to the extent permitted by our international 
agreements, or whether it should authorize the same power (e.g., 10 kW 
day/1 kW night) for all new Expanded Band stations. A related question 
would be whether to allow complex directional patterns in the Expanded 
Band or limit applications to non-directional and simple directional 
(i.e., no more than three-tower array) stations. If commenters were to 
favor limiting the Expanded Band to all-digital stations, the 
Commission would seek comment as to the contour protections and 
allocation standards for all-digital operation. At the moment, testing 
is continuing with regard to all-digital (as opposed to hybrid digital) 
AM operations, and the record is not yet established on the technical 
standards needed to establish interference protection for digital-to-
digital stations, much less digital-to-analog or digital-to-hybrid. The 
absence of a technical record leads the Commission to believe that it 
may be premature to discuss limiting the Expanded Band to all-digital 
operation; however it welcomes comments that include technical data 
that would further inform it on this issue.
    21. Relaxed Main Studio Requirements. 47 CFR 73.1125(a) provides, 
in pertinent part, that ``each AM, FM, and TV broadcast station shall 
maintain a main studio'' at a location complying with paragraphs 
(a)(1)-(a)(3) of that section.\1\ Moreover, the Commission has long 
held that a station must, at a minimum, maintain full-time managerial 
and full-time staff personnel at its main studio. Jones Eastern of the 
Outer Banks, Inc., Memorandum Opinion and Order, 6 FCC Rcd 3615, 3616 
(1991). Commenters Blount Masscom, Inc., et al. (Blount), note that the 
Commission often grants waivers of the main studio requirement to 
noncommercial educational (NCE) stations, allowing them to co-locate a 
station's main studio at the studio of another station licensed to the 
same licensee that may be outside the locations allowed by 47 CFR 
73.1125(a), and that the rule language contemplates such waivers for 
commercial stations, although such waivers are seldom if ever granted. 
Blount proposes that AM station owners be allowed to request such 
waivers, or at a minimum that certain classes of AM stations, notably 
Class D stations, be allowed to do so. Blount further proposes that AM 
stations without co-owned main studios available should be allowed to 
adopt relaxed staffing requirements, such as requiring staffing only 
during part of the day or week, or allowing the use of technology to 
permit members of the public to contact station personnel who are not 
physically present at the main studio. Three other commenters support 
Blount's proposals.
---------------------------------------------------------------------------

    \1\ The acceptable locations of a main studio are: (1) Within 
the station's community of license; (2) at any location within the 
principal community contour of any AM, FM, or TV broadcast station 
licensed to the station's community of license; or (3) within 25 
miles from the reference coordinates of the center of the station's 
community of license as described in 47 CFR 73.208(a)(1).
---------------------------------------------------------------------------

    22. The Commission has historically considered a station's main 
studio to constitute the location from which the station can adequately 
meet its function of serving the needs and interests of the residents 
of the station's community of license. This includes being adequately 
equipped to transmit programming, having a meaningful management and 
staff presence, and serving as a location for the station's public 
file. The Commission continues to emphasize a station's function of 
meeting the needs and interests of its community. At the same time, 
however, it is aware of the financial strain on many AM broadcasters. 
Moreover, advances in technology (e.g., email, mobile telephone, 
Internet) can enable members of the community to contact station 
personnel without having to physically visit the main studio. In fact, 
the Commission has recently proposed requiring AM and FM broadcast 
stations to post their public files to the Commission's online 
database, which would make them accessible without the need for 
visiting a station's offices or main studio. Expansion of Online Public 
File Obligations, Notice of Proposed Rule Making, 29 FCC Rcd 15943 
(2014).
    23. Despite these advances in accessibility to broadcast stations 
and their personnel, the Commission is reluctant to eliminate main 
studio requirements entirely, because of the aforementioned importance 
of the main studio to the goal of ensuring station compliance with 
local service obligations. The Commission therefore seeks comment on 
whether, and how, to modify the main studio rule in light of its goal 
in this proceeding to revitalize the AM service. Should it continue to 
address waivers of the main studio rule on a case-by-case basis, but be 
more open to such requests by commercial stations that can co-locate in 
studio facilities used by co-owned stations in a given market? Assuming 
that the Commission were to allow relaxation of the requirement that 
each station maintain a separate main studio, is there a maximum number 
of co-located stations that it should allow under one roof? If it were 
to allow co-location of two or more stations, should it further relax 
the requirements by allowing one or more of the stations to be located 
outside of the area dictated by 47 CFR 73.1125(a)(1) through (a)(3)? If 
one or more co-located stations are allowed to locate outside the rule 
requirements, should there be an absolute restriction on the distance a 
co-locating station may move its studio from its community of license? 
Moreover, should the Commission, as Blount suggests, relax the staffing 
requirement of full-time management and staff presence for AM stations 
that do not have co-owned stations with which to co-locate studio

[[Page 2825]]

facilities? Should any such relaxation of staffing requirements 
necessarily be limited to such ``stand alone'' AM stations? If the 
Commission were to relax staffing requirements, what if any conditions 
should be put in place to ensure that members of the public could 
contact station personnel and receive timely responses? Should it 
require that local mobile phone numbers for station management and 
staff be posted or otherwise publicized? Should any relaxation of main 
studio or staffing rules be linked to a station's posting of its public 
file to the Commission online database? The Commission seeks comment 
addressing these and any other matters pertaining to AM stations' 
maintenance of fully staffed local main studios. In particular, the 
Commission invites comment on the cost reductions that may result from 
modification of the main studio rule.

Comments and Reply Comments

    24. Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's 
rules, 47 CFR 1.415, 1.419, interested parties may file comments and 
reply comments on or before the dates indicated on the first page of 
this document. Comments may be filed using the Commission's Electronic 
Comment Filing System (ECFS). See Electronic Filing of Documents in 
Rulemaking Proceedings, 63 FR 24121 (1998).
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th Street SW., Room TW-A325, Washington, DC 20554. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes must be disposed of before entering the building.
     Commercial Mail sent by overnight mail (other than U.S. 
Postal Service Express Mail and Priority Mail) must be sent to 9300 
East Hampton Drive, Capitol Heights, MD 20743.
     U.S. Postal Service first-class, Express, and Priority 
mail should be addressed to 445 12th Street SW., Washington, DC 20554.
    25. This is a summary of the Commission's document FCC 15-142, 
Revitalization of the AM Radio Service, Further Notice of Proposed 
Rulemaking (FNPRM) and Notice of Inquiry (NOI), adopted on October 21, 
2015 and released on October 23, 2015, in MB Docket No. 13-249. The 
full text of document FCC 15-142 will be available for public 
inspection and copying via ECFS, and during regular business hours at 
the FCC Reference Information Center, Portals II, 445 12th Street SW., 
Room CY-A257, Washington, DC 20554. Document FCC 15-142 can also be 
downloaded in Word or Portable Document Format (PDF) at http://www.fcc.gov/ndbedp.

Ex Parte Rules

    26. This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules. 47 CFR 
1.1200 et seq. Persons making ex parte presentations must file a copy 
of any written presentation or a memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine period applies). Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentation must (1) list all persons attending or 
otherwise participating in the meeting at which the ex parte 
presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with 47 CFR 1.1206(b). In proceedings governed by 
47 CFR 1.49(f) or for which the Commission has made available a method 
of electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

Initial Regulatory Flexibility Analysis

    27. The Regulatory Flexibility Act of 1980, as amended (RFA), 
requires that a regulatory flexibility analysis be prepared for notice 
and comment rule making proceedings, unless the agency certifies that 
``the rule will not, if promulgated, have a significant economic impact 
on a substantial number of small entities.'' The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small business,'' ``small organization,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. 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).
    28. As required by the RFA (5 U.S.C. 603), Commission has prepared 
this Initial Regulatory Flexibility Analysis (IRFA) of the possible 
significant economic impact on a substantial number of small entities 
by the policies and rules proposed in the FNPRM. Written public 
comments are requested on this IRFA. Comments must be identified as 
responses to the IRFA and must be filed by the deadlines for comments 
on the FNPRM provided in paragraph 94 of the FNPRM. The Commission will 
send a copy of this entire FNPRM, including this IRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration (SBA). In 
addition, the FNPRM and the IRFA (or summaries thereof) will be 
published in the Federal Register.

Need for, and Objectives of, the Proposed Rules

    29. This rulemaking proceeding is initiated to obtain further 
comments concerning certain proposals designed to revitalize the AM 
broadcast radio service. It is based in substantial part on proposals 
raised by commenters in this rulemaking proceeding, in response to the 
Commission's call in the original NPRM in this proceeding for further 
ideas and proposals.
    30. Specifically, the Commission seeks comment on the following: 
(1) Whether to change the nighttime and critical hours signal 
protection to Class A AM stations; (2) whether to change the 
methodology for calculating nighttime root sum square (RSS) values; (3) 
whether to change daytime signal protection to Class B, C, and D 
stations; (4) whether to revise the rule on where an FM cross-service 
translator station, re-broadcasting an AM station's signal, may be 
located relative to the AM station's transmitter; (5) whether to modify 
the rules governing partial proofs of performance of directional AM 
antenna arrays; (6) whether to modify the rules for method of moments 
proofs for directional AM antenna arrays; and (7) whether to require 
licensees holding dual standard band-Expanded Band AM licenses to 
surrender one of the licenses

[[Page 2826]]

within one year of release of the Second Report and Order in this 
proceeding.

Legal Basis

    31. The authority for this proposed rulemaking is 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).

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

    32. 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 proposed rules. The RFA generally defines the term 
``small entity'' as encompassing the terms ``small business,'' ``small 
organization,'' and ``small governmental entity.'' In addition, the 
term ``small Business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act. A small business 
concern is one which: (1) Is independently owned and operated; (2) is 
not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the SBA.

Radio Stations

    33. The proposed rules and policies could apply to AM radio 
broadcast licensees, and potential licensees of the AM radio service. A 
radio broadcasting station is an establishment primarily engaged in 
broadcasting aural programs by radio to the public. 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 a.m. radio stations have revenues 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. See 13 CFR 121.103(a)(1). This 
estimate, therefore, likely overstates the number of small entities 
that might be affected by our action, because the revenue figure on 
which it is based does not include or aggregate revenues from 
affiliated companies. In addition, an element of the definition of 
``small business'' is that the entity not be dominant in its field of 
operation. The Commission is unable at this time to define or quantify 
the criteria that would establish whether a specific radio station is 
dominant in its field of operation. Accordingly, the estimate of small 
businesses to which rules may apply do not exclude any radio station 
from the definition of a small business on this basis and therefore may 
be over-inclusive to that extent. Also as noted, an additional element 
of the definition of ``small business'' is that the entity must be 
independently owned and operated. It is difficult at times to assess 
these criteria in the context of media entities and Commission 
estimates of small businesses to which they apply may be over-inclusive 
to this extent.

FM Translator Stations and Low-Power FM Stations

    34. 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. See 13 CFR 121.201, NAICS code 515112. Currently, there are 
approximately 6,422 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, it is presumed that all of these licensees 
and applicants qualify as small entities under the SBA definition.

Description of Projected Reporting, Recordkeeping and Other Compliance 
Requirements

    35. The proposed rule and procedural changes may, in some cases, 
impose different reporting, recordkeeping, or other requirements on 
existing and potential AM radio licensees and permittees. In the case 
of proposed changes to the technical rules regarding calculation of 
daytime and nighttime interfering contours, and changes to daytime, 
nighttime, and critical hours protection to some stations, there would 
be changes in the calculation of inter-station interference and 
reporting of same. However, the information to be filed is already 
familiar to broadcasters, and the nature of the interference 
calculations would not change, only the values that are acceptable, so 
any additional burdens would be minimal. Likewise, the proposed 
revision to the rules on where an FM translator providing fill-in 
service for an AM station may be sited will not require any additional 
calculations on the part of the AM station proposing to locate or 
relocate the translator. The proposal merely relaxes the siting 
requirement and expands the area in which such a cross-service fill-in 
translator may be located. Thus, there should be no additional 
reporting or recordkeeping burdens, and compliance with the siting 
rules will be easier. The proposed modifications to the partial proof 
of performance and Method of Moments rules would not change any 
reporting or compliance requirements, insofar as AM licensees and 
applicants would not be required to submit such proofs or models more 
frequently than is now the case. The only changes would be to relax the 
requirements for making proofs of performance or method of moments 
models. Thus, the required submissions of such proofs and models would 
be less burdensome on AM broadcasters with directional antenna arrays 
that are required to submit such information. Finally, the proposal to 
require surrender of licenses held by broadcasters with paired standard 
band-Expanded Band AM stations will not change any reporting, 
recordkeeping, or other compliance requirements, and will in fact 
reduce such requirements for such licensees by 50 percent.

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

    36. 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(b). In the FNPRM, the Commission seeks to assist 
AM broadcasters by changing certain daytime, nighttime, and critical 
hours interference protection standards as they apply to certain 
classes of AM stations; proposes relaxing the rules on siting of FM 
translators providing fill-in service for AM broadcast stations;

[[Page 2827]]

proposes to modify the measurement requirements for AM directional 
antenna system partial proofs of performance in order to make them less 
burdensome; and proposes to modify the rules for submitting method of 
moments models of proposed AM directional antenna systems, in order to 
make those rules less burdensome. The Commission also seeks either to 
reduce interference in the standard AM band or, alternatively, to 
create more spectrum in the Expanded AM Band, by requiring that the 25 
remaining licensees holding paired authorizations in both bands 
surrender one of the paired licenses. Under the Commission's proposal, 
such a licensee would be given one year from adoption of this proposal 
in which to elect which authorization it would surrender. The 
Commission seeks comment as to whether its goal of revitalizing the AM 
service could be effectively accomplished through these means. The 
Commission is open to consideration of alternatives to the proposals 
under consideration, as set forth herein, including but not limited to 
alternatives that will minimize the burden on AM broadcasters, most of 
which are small businesses. There may be unique circumstances these 
entities may face, and the Commission will consider appropriate action 
for small broadcasters when preparing a Second Report and Order in this 
matter.

Federal Rules Which Duplicate, Overlap, or Conflict With, the 
Commission's Proposals

    37. None.
    38. To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to [email protected] or call the Consumer and Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

Ordering Clauses

    39. Accordingly, it is ordered that, pursuant to sections 4(i), 
301, 303(r), 316, and 403 of the Communications Act of 1934, as 
amended, 47 U.S.C. 154(i), 301, 303(r), 316, 403, this Further Notice 
of Proposed Rulemaking is adopted.
    40. It is further ordered that, pursuant to Sections 1, 303(g), and 
403 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
303(g), and 403, and Section 1.430 of the Commission's rules, 47 CFR 
1.430, that this Notice of Inquiry is adopted.

List of Subjects

47 CFR Part 73

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

47 CFR Part 74

    Communications equipment, Radio.

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

Proposed Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR parts 73 and 74 as 
follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  47 U.S.C. 154, 303, 334, 336, and 339.

0
2. In Sec.  73.21 revise paragraphs (a) introductory text and (a)(1) to 
read as follows:


Sec.  73.21  Classes of AM broadcast channels and stations.

    (a) Clear channel. A clear channel is one on which stations are 
assigned to serve wide areas. These stations are protected from 
objectionable interference within their primary service areas. Stations 
operating on these channels are classified as follows:
    (1) Class A station. A Class A station is an unlimited time station 
that operates on a clear channel and is designed to render primary 
service over an extended area at relatively long distances from its 
transmitter. Its primary service area is protected from objectionable 
interference from other stations on the same and adjacent channels. The 
operating power shall not be less than 10 kW nor more than 50 kW. (Also 
see Sec.  73.25(a)).
* * * * *


Sec.  73.24  [Amended]

0
3. In Sec.  73.24 remove paragraph (h) and redesignate paragraphs (i) 
and (j) as paragraphs (h) and (i), respectively.
0
4. In Sec.  73.37 revise the table following paragraph (a) to read as 
follows:


Sec.  73.37  Applications for broadcast facilities, showing required.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
                                           Contour of
                                        proposed station
      Frequency separation (kHz)       (classes B, C and            Contour of any other station (mV/m)
                                           D) (mV/m)
----------------------------------------------------------------------------------------------------------------
0....................................              0.005  0.100 (Class A).
                                                   0.100  2.0 (Other classes).
                                                     2.0  0.100 (Other classes).
10...................................              0.500  0.500 (Class A).
                                                     2.0   2.0 (Other classes).
20...................................               25.0  25.0 (All classes).
----------------------------------------------------------------------------------------------------------------

* * * * *
0
5. In Sec.  73.151 revise paragraph (c)(3) to read as follows:


Sec.  73.151  Field strength measurements to establish performance of 
directional antennas.

* * * * *
    (c) * * *
    (3) When the application for an initial license for a directional 
antenna system is submitted that is based on computer modeling and 
sample system verification, reference field strength measurement 
locations shall be established in the directions of pattern minima and 
maxima. On each radial corresponding to a pattern minimum or maximum, 
there shall be at least three measurement locations. The field strength 
shall be measured at each reference location at the time of the proof 
of performance. The license application shall include the measured 
field strength values at each reference point, along with a description 
of each measurement location, including GPS coordinates and datum 
reference. New reference field strength measurements are not required 
for subsequent license

[[Page 2828]]

applications for the same directional antenna system and physical 
facilities.
0
6. In Sec.  73.154, revise paragraph (a) to read as follows:


Sec.  73.154  AM directional antenna partial proof of performance 
measurements.

    (a) A partial proof of performance consists of at least 8 field 
strength measurements made on each of the radials that includes a 
monitoring point.
* * * * *


Sec.  73.155  [Removed]

0
7. Remove Sec.  73.155.
0
8. Revise Sec.  73.182 to read as follows:


Sec.  73.182  Engineering standards of allocation.

    (a) Sections 73.21 to 73.37, inclusive, govern allocation of 
facilities in the AM broadcast band 535-1705 kHz. Sec.  73.21 
establishes three classes of channels in this band, namely, clear, 
regional and local. The classes and power of AM broadcast stations 
which will be assigned to the various channels are set forth in Sec.  
73.21. The classifications of the AM broadcast stations are as follows:
    (1) Class A stations operate on clear channels with powers between 
10 kW and 50 kW. These stations are designed to render primary service 
over a large area protected from objectionable interference from other 
stations on the same and adjacent channels. Class A stations may be 
divided into two groups: Those located in any of the conterminous 
United States and those located in Alaska.
    (i) Class A stations in the conterminous United States operate on 
the channels assigned by Sec.  73.25 with minimum power of 10 kW, 
maximum power of 50 kW, and minimum antenna efficiency of 275 mV/m/kW 
at 1 kilometer. The Class A stations in this group are afforded 
protection, both daytime and nighttime, to the 0.1 mV/m groundwave 
contour from other stations on the same channel, and are afforded both 
daytime and nighttime protection to the 0.5 mV/m groundwave contour 
from other stations on first adjacent channels.
    (ii) Class A stations in Alaska operate on the channels assigned by 
Sec.  73.25 with minimum power of 10 kW, maximum power of 50 kW, and 
minimum antenna efficiency of 215 mV/m/kW at 1 kilometer. The Class A 
stations in this group are afforded protection, both daytime and 
nighttime, to the 0.1 mV/m groundwave contour from other stations on 
the same channel and to the 0.5 mV/m groundwave contour from other 
stations on first adjacent channels.
    (2) Class B stations are stations which operate on clear and 
regional channels with powers not less than 0.25 kW or greater than 50 
kW. These stations render primary service, the area of which depends on 
their geographic location, power, and frequency. It is recommended that 
Class B stations be located so that the interference received from 
other stations will not limit the service area to a groundwave contour 
value greater than 2.0 mV/m groundwave contour both daytime and 
nighttime, which are the values for the mutual protection between this 
class of stations and other stations of the same class.
    (3) Class C stations operate on local channels, normally rendering 
primary service to a community and the suburban or rural areas 
immediately contiguous thereto, with powers not less than 0.25 kW or 
greater than 1 kW, except as provided in Sec.  73.21(c)(1). Such 
stations are normally protected to the daytime 2.0 mV/m contour. On 
local channels the separation required for the daytime protection shall 
also determine the nighttime separation. Where directional antennas are 
employed daytime by Class C stations operating with power equal to or 
greater than 0.25 kW, the separations required shall in no case be less 
than those necessary to afford protection assuming nondirectional 
operation with power of 0.25 kW. In no case will nighttime power of 
0.25 kW or greater be authorized to a station unable to operate 
nondirectionally with power of 0.25 kW during daytime hours. The actual 
nighttime limitation will be calculated. For nighttime protection 
purposes, Class C stations in the 48 conterminous United States may 
assume that stations in Alaska, Hawaii, Puerto Rico, and the U.S. 
Virgin Islands operating on 1230, 1240, 1340, 1400, 1450, and 1490 kHz 
are Class C stations.
    (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.
    Note to paragraph (a): See Sec. Sec.  73.21(b)(1) and 73.26(b) 
concerning power restrictions and classifications relative to Class B, 
Class C, and Class D stations in Alaska, Hawaii, Puerto Rico and the 
U.S. Virgin Islands. Stations in the above-named places that are 
reclassified from Class C to Class B stations under Sec.  73.26(b) 
shall not be authorized to increase power to levels that would increase 
the nighttime interference-free limit of co-channel Class C stations in 
the conterminous United States.
    (b) When a station is already limited by interference from other 
stations to a contour value greater than that normally protected for 
its class, the individual received limits shall be the established 
standard for such station with respect to interference from each other 
station.
    (c) All classes of AM broadcast stations have in general three 
types of service areas, i.e., primary, secondary and intermittent. (See 
Sec.  73.14 for the definitions of primary, secondary and intermittent 
service areas.) All classes of AM stations render service to a primary 
area but the secondary and intermittent service areas may be materially 
limited or destroyed due to interference from other stations, depending 
on the station assignments involved.
    (d) The groundwave signal strength required to render primary 
service is 2 mV/m for communities with populations of 2,500 or more and 
0.5 mV/m for communities with populations of less than 2,500. Because 
only Class A stations have protected primary service extending beyond 
the 2 mV/m contour, the groundwave signal strength constituting primary 
service for Class A stations is that set forth in paragraphs (a)(1)(i) 
and (ii) of this section. See Sec.  73.184 for curves showing distance 
to various groundwave field strength contours for different frequencies 
and ground conductivities, and also see Sec.  73.183, ``Groundwave 
signals.''
    (e) A Class C station may be authorized to operate with a 
directional antenna during daytime hours providing the power is at 
least 0.25 kW. In computing the degrees of protection which such 
antenna will afford, the radiation produced by the directional antenna 
system will be assumed to be no less, in any direction, than that which 
would result from non-directional operation using a single element of 
the directional array, with 0.25 kW.
    (f) All classes of broadcast stations have primary service areas 
subject to limitation by fading and noise, and interference from other 
stations to the contours set out for each class of station.
    (g) Broadcast stations are licensed to operate unlimited time, 
limited time, daytime, share time, and specified

[[Page 2829]]

hours. (See Sec. Sec.  73.1710, 73.1725, 73.1720, 73.1715, and 
73.1730.) Applications for new stations shall specify unlimited time 
operation only.
    (h) Section 73.24 sets out the general requirements for modifying 
the facilities of a licensed station and for establishing a new 
station. Sections 73.24(b) and 73.37 include interference related 
provisions that be considered in connection with an application to 
modify the facilities of an existing station or to establish a new 
station. Section 73.30 describes the procedural steps required to 
receive an authorization to operate in the 1605-1705 kHz band.
    (i) Objectionable nighttime interference from a broadcast station 
occurs when, at a specified field strength contour with respect to the 
desired station, the field strength of an undesired co-channel station 
exceeds for 10% or more of the time the values set forth in these 
standards. The value derived from the root-sum-square of all 
interference contributions represents the extent of a station's 
interference-free coverage.
    (1) With respect to the root-sum-square (RSS) values of interfering 
field strengths referred to in this section, calculation of nighttime 
interference-free service is accomplished by considering co-channel 
signals in order of decreasing magnitude, adding the squares of the 
values and extracting the square root of the sum, excluding those 
signals which are less than 50% of the RSS values of the higher signals 
already included. This is known as the ``50% Exclusion Method.''
    (2) The RSS value will not be considered to be increased when a new 
interfering signal is added which is less than the appropriate 
exclusion percentage as applied to the RSS value of the interference 
from existing stations, and which at the same time is not greater than 
the smallest signal included in the RSS value of interference from 
existing stations.
    (3) It is recognized that application of the 50% Exclusion Method 
for calculating the RSS interference may result in some cases in 
anomalies wherein the addition of a new interfering signal or the 
increase in value of an existing interfering signal will cause the 
exclusion of a previously included signal and may cause a decrease in 
the calculated RSS value of interference. In order to provide the 
Commission with more realistic information regarding gains and losses 
in service (as a basis for determination of the relative merits of a 
proposed operation) the following alternate method for calculating the 
proposed RSS values of interference will be employed wherever 
applicable.
    (4) In cases where it is proposed to add a new interfering signal 
which is not less than 50% of the RSS value of interference from 
existing stations or which is greater than the smallest signal already 
included to obtain this RSS value, the RSS limitation after addition of 
the new signal shall be calculated without excluding any signal 
previously included. Similarly, in cases where it is proposed to 
increase the value of one of the existing interfering signals which has 
been included in the RSS value, the RSS limitation after the increase 
shall be calculated without excluding the interference from any source 
previously included.
    (5) If the new or increased signal proposed in such cases is 
ultimately authorized, the RSS values of interference to other stations 
affected will thereafter be calculated by the 50% Exclusion Method 
without regard to this alternate method of calculation.
    (6) Examples of RSS interference calculations:
    (i) Existing interferences:
    Station No. 1--1.00 mV/m.
    Station No. 2--0.60 mV/m.
    Station No. 3--0.59 mV/m.
    Station No. 4--0.58 mV/m.
    The RSS value from Nos. 1, 2 and 3 is 1.31 mV/m; therefore 
interference from No. 4 is excluded for it is less than 50% of 1.31 mV/
m.
    (ii) Station A receives interferences from:
    Station No. 1--1.00 mV/m.
    Station No. 2--0.60 mV/m.
    Station No. 3--0.59 mV/m.
    It is proposed to add a new limitation, 0.68 mV/m. This is more 
than 50% of 1.31 mV/m, the RSS value from Nos. 1, 2 and 3. The RSS 
value of Station No. 1 and of the proposed station would be 1.21 mV/m 
which is more than twice as large as the limitation from Station No. 2 
or No. 3. However, under the above provision the new signal and the 
three existing interferences are nevertheless calculated for purposes 
of comparative studies, resulting in an RSS value of 1.47 mV/m. 
However, if the proposed station is ultimately authorized, only No. 1 
and the new signal are included in all subsequent calculations for the 
reason that Nos. 2 and 3 are less than 50% of 1.21 mV/m, the RSS value 
of the new signal and No. 1.
    (iii) Station A receives interferences from:
    Station No. 1--1.00 mV/m.
    Station No. 2--0.60 mV/m.
    Station No. 3--0.59 mV/m.
    No. 1 proposes to increase the limitation it imposes on Station A 
to 1.21 mV/m. Although the limitations from stations Nos. 2 and 3 are 
less than 50% of the 1.21 mV/m limitation, under the above provision 
they are nevertheless included for comparative studies, and the RSS 
limitation is calculated to be 1.47 mV/m. However, if the increase 
proposed by Station No. 1 is authorized, the RSS value then calculated 
is 1.21 mV/m because Stations Nos. 2 and 3 are excluded in view of the 
fact that the limitations they impose are less than 50% of 1.21 mV/m.
    (j) Objectionable nighttime interference from a station shall be 
considered to exist to a station when, at the field strength contour 
specified in paragraph (o) of this section with respect to the class to 
which the station belongs, the field strength of an interfering station 
operating on the same channel exceeds for 10% or more of the time the 
value of the permissible interfering signal set forth opposite such 
class in paragraph (o) of this section.
    (k) For the purpose of estimating the coverage and the interfering 
effects of stations in the absence of field strength measurements, use 
shall be made of Figure 8 of Sec.  73.190, which describes the 
estimated effective field (for 1 kW power input) of simple vertical 
omnidirectional antennas of various heights with ground systems having 
at least 120 quarter-wavelength radials. 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.
------------------------------------------------------------------------



[[Page 2830]]

    Note (1) to paragraph (k): When a directional antenna is 
employed, the radiated signal of a broadcasting station will vary in 
strength in different directions, possibly being greater than the 
above values in certain directions and less in other directions 
depending upon the design and adjustment of the directional antenna 
system. To determine the interference in any direction, the measured 
or calculated radiated field (unattenuated field strength at 1 
kilometer from the array) must be used in conjunction with the 
appropriate propagation curves. (See Sec.  73.185 for further 
discussion and solution of a typical directional antenna case.)


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

    (l) The existence or absence of objectionable groundwave 
interference from stations on the same or adjacent channels shall be 
determined by actual measurements made in accordance with the method 
described in Sec.  73.186, or in the absence of such measurements, by 
reference to the propagation curves of Sec.  73.184. The existence or 
absence of objectionable interference due to skywave propagation shall 
be determined by reference to Formula 2 in Sec.  73.190.
    (m) Computation of skywave field strength values:
    (1) Fifty percent skywave field strength values. To compute fifty 
percent skywave field strength values, Formula 1 of Sec.  73.190, 
entitled ``Skywave field strength, 50% of the time (at SS+6)'' shall be 
used.
    (2) Ten percent skywave field strength values. In computing the 10% 
skywave field strength for stations on a single signal or an RSS basis, 
Formula 2 in Sec.  73.190 shall be used.
    (3) Determination of angles of departure. In calculating skywave 
field strength for stations on all channels, the pertinent vertical 
angle shall be determined by use of the formula in Sec.  73.190(d).
    (n) The distance to any specified groundwave field strength contour 
for any frequency may be determined from the appropriate curves in 
Sec.  73.184 entitled ``Ground Wave Field Strength vs. Distance.''
    (o) 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):

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Signal strength contour of area protected      Permissible interfering signal ([mu]V/m)
                                                               from objectionable interference ([mu]V/m)   ---------------------------------------------
          Class of station            Class of channel used -----------------------------------------------
                                                                     Day \1\               Night \1\               Day \1\                 Night
--------------------------------------------------------------------------------------------------------------------------------------------------------
A..................................  Clear.................  SC 100................  SC 100...............  SC 5.................  SC 5.\1\
                                                             AC 500................  AC 500...............  AC 500...............  AC 500.\1\
B..................................  Clear.................  2000..................  2000.................  SC 100...............  25.\2\
                                     Regional..............  ......................  .....................  AC 2000..............  Not presc.
C..................................  Local.................  2000..................  Not presc \3\........  SC 100...............  Not presc.
D..................................  Clear.................  2000..................  Not presc............  SC 100...............  Not presc.
                                     Regional..............  ......................  .....................  AC 2000..............  Not presc.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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.

    (p) The following table of logarithmic expressions is to be used as 
required for determining the minimum permissible ratio of the field 
strength of a desired to an undesired signal. This table shall be used 
in conjunction with the protected contours specified in paragraph (q) 
of this section.

------------------------------------------------------------------------
                                              Desired Groundwave to:
                                         -------------------------------
   Frequency separation of desired to        Undesired
         undesired signals (kHz)            groundwave     Undesired 10%
                                               (dB)        Skywave (dB)
------------------------------------------------------------------------
0.......................................              26              26
10......................................               0               0
------------------------------------------------------------------------

    (q) Two stations, one with a frequency twice of the other, should 
not be assigned in the same groundwave service area unless special 
precautions are taken to avoid interference from the second harmonic of 
the station operating on the lower frequency. Additionally, in 
selecting a frequency, consideration should be given to the fact that 
occasionally the frequency assignment of two stations in the same area 
may bear such a relation to the intermediate frequency of some 
broadcast receivers as to cause ``image'' interference, However, since 
this can usually be rectified by readjustment of the intermediate 
frequency of such receivers, the Commission, in general, will not take 
this kind of interference into consideration when authorizing stations.
    (r) The groundwave service of two stations operating with 
synchronized carriers and broadcasting identical programs will be 
subject to some distortion in areas where the signals from the two 
stations are of comparable strength. For the purpose of estimating 
coverage of such stations, areas in which the signal ratio is between 
1:2 and 2:1 will not be considered as receiving satisfactory service.

    Note to paragraph (r): Two stations are considered to be 
operated synchronously when the carriers are maintained within 0.2 
Hz of each other and they transmit identical programs.

Sec.  73.187  [Removed]

0
9. Remove Sec.  73.187.

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

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


[[Page 2831]]


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

0
11. In Sec.  74.1201, revise paragraph (g) to read as follows:


Sec.  74.1201  Definitions.

* * * * *
    (g) Translator coverage contour. For a fill-in FM translator 
rebroadcasting an FM radio broadcast station as its primary station, 
the FM translator's coverage contour must be contained within the 
primary station's coverage contour. For purposes of this rule section, 
the coverage contour of the FM translator has the same field strength 
value as the protected contour of the primary FM station (i.e., for a 
commercial Class B FM station it is the predicted 0.5 mV/m field 
strength contour, for a commercial Class B1 FM station it is the 
predicted 0.7 mV/m field strength contour, and for all other classes of 
FM stations it is the predicted 1 mV/m field strength contour). The 
coverage contour of an FM translator rebroadcasting an AM radio 
broadcast station as its primary station must be contained within the 
greater of either the 2 mV/m daytime contour of the AM station or a 25-
mile (40 km) radius centered at the AM transmitter site, but the 
translator's 1 mV/m coverage contour may not extend beyond a 40-mile 
(64 km) radius centered at the AM transmitter site. The protected 
contour for an FM translator station is its predicted 1 mV/m contour.
* * * * *
[FR Doc. 2015-31949 Filed 1-15-16; 8:45 am]
BILLING CODE 6712-01-P



                                                      2818                   Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules

                                                      health and suitability programs. All                    mailing address, and MB Docket No.                     it might ‘‘further reduce the information
                                                      records created under this part must be                 13–249.                                                collection burden for small business
                                                      maintained for 3 years.                                    • Paper Filers: Parties who choose to               concerns with fewer than 25
                                                      *    *     *     *     *                                file by paper must file an original and                employees.’’
                                                                                                              one copy of each filing. Filings can be                   In addition to filing comments with
                                                        Dated: January 12, 2016.
                                                                                                              sent by hand or messenger delivery, by                 the Secretary, a copy of any Paperwork
                                                      Sylvia M. Burwell,                                      commercial overnight courier, or by                    Reduction Act comments on the
                                                      Secretary.                                              first-class or overnight U.S. Postal                   information collection requirements
                                                      [FR Doc. 2016–00758 Filed 1–14–16; 4:15 pm]             Service mail (although the Commission                  contained herein should be submitted to
                                                      BILLING CODE 4163–18–P                                  continues to experience delays in                      Cathy Williams, Federal
                                                                                                              receiving U.S. Postal Service mail). All               Communications Commission, Room 1–
                                                                                                              filings must be addressed to the                       C823, 445 12th Street SW., Washington,
                                                      FEDERAL COMMUNICATIONS                                  Commission’s Secretary, Office of the                  DC 20554, or via the Internet to
                                                      COMMISSION                                              Secretary, Federal Communications                      Cathy.Williams@fcc.gov, and to
                                                                                                              Commission.                                            Nicholas A. Fraser, Office of
                                                      47 CFR Parts 73 and 74                                  For detailed instructions for submitting               Management and Budget (OMB), via the
                                                      [MB Docket No. 13–249; FCC 15–142]                      comments and additional information                    Internet to Nicholas_A._Fraser@
                                                                                                              on the rulemaking process, see the                     omb.eop.gov.
                                                      Revitalization of the AM Radio Service                  SUPPLEMENTARY INFORMATION section of                      To view a copy of this information
                                                                                                              this document.                                         collection request (ICR) submitted to
                                                      AGENCY:  Federal Communications                         FOR FURTHER INFORMATION CONTACT:                       OMB: (1) Go to the Web page http://
                                                      Commission.                                             Peter Doyle, Chief, Media Bureau,                      www.reginfo.gov/public/do/PRAMain,
                                                      ACTION: Proposed rule.                                  Audio Division, (202) 418–2700;                        (2) look for the section of the Web page
                                                                                                              Thomas Nessinger, Senior Counsel,                      called ‘‘Currently Under Review,’’ (3)
                                                      SUMMARY:    In this document, the                       Media Bureau, Audio Division, (202)                    click on the downward-pointing arrow
                                                      Commission adopted a Further Notice of                  418–2700. For additional information                   in the ‘‘Select Agency’’ box below the
                                                      Proposed Rulemaking (FNPRM), in                         concerning the Paperwork Reduction                     ‘‘Currently Under Review’’ heading, (4)
                                                      which it sought comment on several                      Act (PRA) information collection                       select ‘‘Federal Communications
                                                      proposals designed to revitalize the AM                 requirements contained in this                         Commission’’ from the list of agencies
                                                      broadcast radio service, or to reduce                   document, contact Cathy Williams at                    presented in the ‘‘Select Agency’’ box,
                                                      burdens on AM broadcasters. The                         202–418–2918, or via the Internet at                   (5) click the ‘‘Submit’’ button to the
                                                      Commission further adopted a Notice of                  Cathy.Williams@fcc.gov.                                right of the ‘‘Select Agency’’ box, (6)
                                                      Inquiry (NOI), in which it sought                                                                              when the list of FCC ICRs currently
                                                                                                              SUPPLEMENTARY INFORMATION: This is a
                                                      comment on two proposals designed to                                                                           under review appears, look for the Title
                                                      revitalize the AM broadcast radio                       summary of the Commission’s Further
                                                                                                              Notice of Proposed Rulemaking, FCC                     of this ICR and then click on the ICR
                                                      service. One of the proposals, regarding                                                                       Reference Number. A copy of the FCC
                                                      increased utilization of the AM                         15–142, adopted October 21, 2015, and
                                                                                                              released October 23, 2015.                             submission to OMB will be displayed.
                                                      expanded band, was suggested by
                                                                                                                                                                        The proposed information collections
                                                      several commenters in response to the                   Initial Paperwork Reduction Act of                     are as follows:
                                                      NPRM in this proceeding, The second                     1995 Analysis
                                                      proposal, for relaxation of the                                                                                   OMB Control Number: 3060–0075.
                                                                                                                The FNPRM contains proposed                             Title: Application for Transfer of
                                                      Commission’s main studio rules for AM
                                                                                                              information collection requirements                    Control of a Corporate Licensee or
                                                      stations, was suggested by a commenter
                                                                                                              subject to the PRA, Public Law 104–13.                 Permittee, or Assignment of License or
                                                      and supported by others.
                                                                                                              OMB, the general public, and other                     Permit, for an FM or TV Translator
                                                      DATES: Comments may be filed on or                      Federal agencies are invited to comment                Station, or a Low Power Television
                                                      before March 21, 2016 and reply                         on the proposed new and modified                       Station, FCC Form 345.
                                                      comments may be filed on or before                      information collection requirements
                                                      April 18, 2016. Written comments on                                                                               Type of Review: Revision of a
                                                                                                              contained in this FNPRM.                               currently approved collection.
                                                      the Paperwork Reduction Act proposed                      Comments on the proposed
                                                      information collection requirements                                                                               Respondents: Business or other for-
                                                                                                              information collection requirements
                                                      must be submitted by the public, Office                                                                        profit entities; Not for profit institutions;
                                                                                                              should address: (a) Whether the
                                                      of Management and Budget (OMB), and                                                                            Local or Tribal Government.
                                                                                                              proposed collection of information is
                                                      other interested parties on or before                                                                             Number of Respondents and
                                                                                                              necessary for the proper performance of
                                                      March 21, 2016.                                                                                                Responses: 1,700 respondents; 2,700
                                                                                                              the functions of the Commission,
                                                                                                                                                                     responses.
                                                      ADDRESSES: You may submit comments,                     including whether the information shall
                                                      identified by MB Docket No. 13–249, by                  have practical utility; (b) the accuracy of               Estimated Time per Response: 0.084–
                                                      any of the following methods:                           the Commission’s burden estimates; (c)                 1.25 hours.
                                                         • Electronic Filers: Comments may be                 ways to enhance the quality, utility, and                 Frequency of Response: Third party
                                                      filed electronically using the Internet by              clarity of the information collected; and              disclosure requirement and on occasion
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      accessing the Commission’s Electronic                   (d) ways to minimize the burden of the                 reporting requirement.
                                                      Comment Filing System (ECFS), through                   collection of information on the                          Total Annual Burden: 2,667 hours.
                                                      the Commission’s Web site http://                       respondents, including the use of                         Total Annual Cost: $3,958,125.
                                                      fjallfoss.fcc.gov/ecfs2/. Filers should                 automated collection techniques or                        Obligation to Respond: Required to
                                                      follow the instructions provided on the                 other forms of information technology.                 obtain or retain benefits. The statutory
                                                      Web site for submitting comments. For                   Pursuant to the Small Business                         authority for this collection of
                                                      ECFS filers, in completing the                          Paperwork Relief Act of 2002, Public                   information is contained in Sections
                                                      transmittal screen, filers should include               Law 107–198, see 44 U.S.C. 3506(c)(4),                 154(i) and 310 of the Communications
                                                      their full name, U.S. Postal service                    the FCC seeks specific comment on how                  Act of 1934, as amended.


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                                                                             Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules                                            2819

                                                         Nature and Extent of Confidentiality:                and Notice of Inquiry, in Revitalization                  Estimated Time per Response: 1–1.5
                                                      There is no need for confidentiality with               of the AM Radio Service, MB Docket No.                 hours.
                                                      this collection of information.                         13–249, FCC 15–142. In the Further                        Frequency of Response: On occasion
                                                         Privacy Act Impact Assessment: No                    Notice of Proposed Rulemaking                          reporting requirement; Third party
                                                      impact(s).                                              component of this rulemaking                           disclosure requirement.
                                                         Needs and Uses: Filing of the FCC                    proceeding (FNPRM), the Commission                        Obligation to Respond: Required to
                                                      Form 345 is required when applying for                  proposes to make the following rule                    obtain or retain benefits. The statutory
                                                      authority for assignment of license or                  (and Form) changes to this information                 authority for this information collection
                                                      permit, or for consent to transfer of                   collection: Modify Section 74.1201(g) of               is contained in Sections 154(i), 303 and
                                                      control of a corporate licensee or                      the rules to provide that the coverage                 308 of the Communications Act of 1934,
                                                      permittee for an FM or TV translator                    contour (1 mV/m) of an FM translator                   as amended.
                                                      station, or low power TV station.                       station rebroadcasting an AM radio                        Total Annual Burden: 4,500 hours.
                                                         This collection also includes the third              station as its primary station must be                    Total Annual Cost: $4,674,600.
                                                      party disclosure requirement of 47 CFR                  contained within the greater of either                    Privacy Act Impact Assessment: No
                                                      73.3580 (OMB approval was received                      the 2 mV/m daytime contour of the AM                   impact(s).
                                                      for Section 73.3580 under OMB Control                                                                             Nature and Extent of Confidentiality:
                                                                                                              station, or a 25-mile radius centered at
                                                      Number 3060–0031). 47 CFR 73.3580                                                                              There is no need for confidentiality with
                                                                                                              the AM station’s transmitter site, but
                                                      requires local public notice in a                                                                              this information collection.
                                                                                                              that in no event may the FM translator’s                  Needs and Uses: FCC Form 349 is
                                                      newspaper of general circulation in the                 1 mV/m coverage contour extend
                                                      community in which the station is                                                                              used to apply for authority to construct
                                                                                                              beyond a 40-mile (64 km) radius                        a new FM translator or FM booster
                                                      located or providing notice over the air                centered at the AM station’s transmitter
                                                      of the filing of all applications for                                                                          broadcast station, or to make changes in
                                                                                                              site.                                                  the existing facilities of such stations.
                                                      assignment of license/permit. This
                                                                                                                 Consistent with actions proposed by                    Form 349 also contains a third party
                                                      notice must be completed within 30
                                                                                                              the Commission in the FNPRM, the                       disclosure requirement, pursuant to 47
                                                      days of the tendering of the application.
                                                                                                              following change is made to Form 345:                  CFR 73.3580. This rule requires stations
                                                      A copy of the newspaper notice or a
                                                                                                              Section III of Form 345 includes a new                 applying for a new broadcast station, or
                                                      record of the broadcast notice and the
                                                                                                              certification concerning compliance                    to make major changes to an existing
                                                      application must be placed in the public
                                                                                                              with the new AM station ‘‘fill-in’’                    station, to give local public notice of
                                                      inspection file.
                                                         On June 29, 2009, the Commission                     service requirements. Specifically,                    this filing in a newspaper of general
                                                      adopted a Report and Order,                             applicants will now certify that the 1                 circulation in the community in which
                                                      Amendment of Service and Eligibility                    mV/m coverage contour of the FM                        the station is located. This local public
                                                      Rules for FM Broadcast Translator                       translator station is contained within                 notice must be completed within 30
                                                      Stations, MB Docket No. 07–172, FCC                     the greater of either: (a) The 2 mV/m                  days of the tendering of the application.
                                                      09–59, 24 FCC Rcd 9642 (2009), 74 FR                    daytime contour of the AM primary                      This notice must be published at least
                                                      45126,Sept. 1, 2009, 74 FR 46382, Sept.                 station being rebroadcast, or (b) a 25-                twice a week for two consecutive weeks
                                                      9, 2009. In the 2009 Report and Order,                  mile radius centered at the AM station’s               in a three-week period. In addition, a
                                                      the Commission adopted changes to the                   transmitter site, but the FM translator’s              copy of this notice must be placed in the
                                                      FM translator rules that allowed AM                     1 mV/m contour may not extend beyond                   station’s public inspection file along
                                                      stations to use authorized FM translator                a 40-mile radius centered at the AM                    with the application, pursuant to 47
                                                      stations to rebroadcast the AM signal                   station’s transmitter site. The                        CFR 73.3527. This recordkeeping
                                                      locally, retransmitting their AM                        instructions for Section III—Assignee/                 information collection requirement is
                                                      programming as a ‘‘fill-in’’ service. The               Transferee have been revised to assist                 contained in OMB Control No. 3060–
                                                      adopted cross-service translating rules                 applicants with completing the                         0214, which covers Section 73.3527.
                                                      limited FM translators to providing                     modified question.                                        On June 29, 2009, the Commission
                                                      ‘‘fill-in’’ service only, specifically                     With this submission, the                           adopted a Report and Order,
                                                      within the AM primary station’s                         Commission is currently seeking to                     Amendment of Service and Eligibility
                                                      authorized service area.                                obtain OMB approval for the proposed                   Rules for FM Broadcast Translator
                                                         AM radio stations use Form 345 to                    revisions to 47 CFR 74.1201(g) and FCC                 Stations, MB Docket No. 07–172, FCC
                                                      apply for authority to assign or transfer               Form 345 for this information                          09–59, 24 FCC Rcd 9642 (2009), 74 FR
                                                      such fill-in FM translator stations.                    collection. These revisions will not                   45126, Sept. 1, 2009, 74 FR 46382, Sept.
                                                      Consistent with actions taken by the                    increase the number of respondents,                    9, 2009. In the 2009 Report and Order,
                                                      Commission in the 2009 Report and                       number of responses, annual burden                     the Commission adopted changes to the
                                                      Order, the following changes were made                  hours and annual cost for this                         FM translator rules that allowed AM
                                                      to Form 345: Section III of Form 345                    collection.                                            stations to use authorized FM translator
                                                      included a new certification concerning                    OMB Control Number: 3060–0405.                      stations to rebroadcast the AM signal
                                                      compliance with the AM station ‘‘fill-                     Title: Application for Authority to                 locally, retransmitting their AM
                                                      in’’ service requirements. Specifically,                Construct or Make Changes in an FM                     programming as a ‘‘fill-in’’ service. The
                                                      in the AM service, applicants certify                   Translator or FM Booster Station, FCC                  adopted cross-service translating rules
                                                      that the coverage contour (1 mV/m) of                   Form 349.                                              limited FM translators to providing
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      the FM translator station is contained                     Form Number: FCC Form 349.                          ‘‘fill-in’’ service only, specifically
                                                      within the lesser of: (a) The 2 mV/m                       Type of Review: Revision of a                       within the AM primary station’s
                                                      daytime contour of the AM primary                       currently approved collection.                         authorized service area.
                                                      station being rebroadcast, or (b) a 25-                    Respondents: Business or other for-                    AM radio stations use Form 349 to
                                                      mile radius centered at the AM station’s                profit; State, Local or Tribal                         apply for authorizations to operate such
                                                      transmitter site.                                       Government; Not-for-profit institutions.               fill-in FM translator stations. Consistent
                                                         On October 21, 2015, the Commission                     Number of Respondents and                           with actions taken by the Commission
                                                      adopted a First Report and Order,                       Responses: 1,200 respondents; 2,400                    in the 2009 Report and Order, the
                                                      Further Notice of Proposed Rulemaking,                  responses.                                             following changes were made to Form


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                                                      2820                   Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules

                                                      349: Sections II and III of Form 349                    Synopsis of Further Notice of Proposed                 steps that would deprive Class A
                                                      included new certifications concerning                  Rulemaking                                             stations of listeners far outside of their
                                                      compliance with the AM station ‘‘fill-                     1. A number of commenters in this                   primary service areas, if those steps
                                                      in’’ service requirements. Specifically,                proceeding advocated reducing daytime,                 would allow substantial numbers of
                                                      in the AM service, applicants certify                   nighttime, and critical hours protection               other stations to improve their service,
                                                      that the coverage contour (1 mV/m) of                   afforded to Class A AM stations, which                 both day and night, to their
                                                      the FM translator station is contained                  operate with up to 50 kilowatts of                     communities of license and adjacent
                                                      within the lesser of: (a) The 2 mV/m                    power, day and night, and have large                   areas.
                                                      daytime contour of the AM primary                       extended service areas, especially at                     3. While the wide-area service of
                                                      station being rebroadcast, or (b) a 25-                 night when skywave propagation allows                  Class A stations has historically proved
                                                      mile radius centered at the AM station’s                                                                       to be beneficial, the Commission has
                                                                                                              signals to travel hundreds of miles. As
                                                      transmitter site.                                                                                              seen fit in the past to reduce protection
                                                                                                              a result, during daytime hours, over 200
                                                         On October 21, 2015, the Commission                                                                         to their skywave service (see, e.g., Clear
                                                                                                              licensed Class B and Class D AM
                                                      adopted a First Report and Order,                                                                              Channel Broadcasting in the AM
                                                                                                              stations are required to reduce power
                                                      Further Notice of Proposed Rulemaking,                                                                         Broadcast Band, Report and Order, 78
                                                                                                              and/or change to a directional antenna
                                                      and Notice of Inquiry, in Revitalization                                                                       F.C.C.2d 1345, 1364 (1980), in which
                                                                                                              system to meet the required critical
                                                      of the AM Radio Service, MB Docket No.                                                                         the Commission noted that increasing
                                                                                                              hours protection afforded to Class A
                                                      13–249, FCC 15–142. In the Further                                                                             spectrum demands required that
                                                                                                              stations. During nighttime hours—if
                                                      Notice of Proposed Rulemaking                                                                                  protection of such stations (then
                                                                                                              permitted nighttime operation at all—
                                                      component of this rulemaking                                                                                   designated Class I–A stations) beyond
                                                                                                              other stations often must invest in                    the nighttime 0.5 mV/m-50 percent
                                                      proceeding (FNPRM), the Commission                      complex directional arrays to protect
                                                      proposes to make the following rule                                                                            contour, as well as certain restrictions
                                                                                                              one of the 73 Class A stations, and/or                 on adjacent-channel stations, be
                                                      (and Form) changes to this information                  must substantially reduce their power,
                                                      collection: Modify 47 CFR 74.1201(g) of                                                                        abolished). In this proceeding, the
                                                                                                              sometimes resulting in their having only               overriding concern is the need for
                                                      the rules to provide that the coverage                  secondary nighttime facilities. Even for
                                                      contour (1 mV/m) of an FM translator                                                                           existing AM stations to overcome an
                                                                                                              those Class B stations that are protected              increasing noise floor that inhibits local
                                                      station rebroadcasting an AM radio                      from interference by other AM stations
                                                      station as its primary station must be                                                                         service, both day and night. While
                                                                                                              at night, this often results in sub-                   reducing protection to a Class A AM
                                                      contained within the greater of either                  standard nighttime coverage, in order to
                                                      the 2 mV/m daytime contour of the AM                                                                           station may, in fact, reduce the coverage
                                                                                                              protect the secondary service area of a                of that station, the areas of reduced
                                                      station, or a 25-mile radius centered at                larger station a considerable distance,                coverage would be located at great
                                                      the AM station’s transmitter site, but                  and often many states away.                            distances from the transmitter and from
                                                      that in no event may the FM translator’s                Commenters argue that they could                       the metropolitan area that constitutes
                                                      1 mV/m coverage contour extend                          provide better service, with more power                the station’s primary service area. At the
                                                      beyond a 40-mile (64 km) radius                         to overcome the local noise floor, if the              same time, the reduction in protection
                                                      centered at the AM station’s transmitter                protections to Class A stations were                   may well allow other stations to
                                                      site.                                                   relaxed.                                               increase their power to better serve their
                                                         Consistent with actions proposed by                     2. Class A stations have traditionally              communities and, in the case of some
                                                      the Commission in the FNPRM, the                        provided wide-area service to different                stations, allow for the first-ever fulltime
                                                      following changes are made to the Form                  regions of the United States, including                AM service to those communities. The
                                                      349: Sections II and III of Form 349                    rural areas, and to travelers driving                  Commission’s goal of localism suggests
                                                      include new certifications concerning                   through their relatively large coverage                that service from a local news and
                                                      compliance with the new AM station                      areas. The high power and large                        information source should be preferred
                                                      ‘‘fill-in’’ service requirements.                       extended service areas of these stations               over better reception of a more distant
                                                      Specifically, applicants will certify that              have also proved invaluable in                         signal.
                                                      the 1 mV/m coverage contour of the FM                   emergencies, such as Hurricane Katrina                    4. The Commission tentatively
                                                      translator station is contained within                  and its aftermath. Some commenters,                    concludes, therefore, that (1) all Class A
                                                      the greater of either: (a) The 2 mV/m                   however, note that the utility of high-                stations should be protected, both day
                                                      daytime contour of the AM primary                       powered, wide-area AM stations has                     and night, to their 0.1 mV/m
                                                      station being rebroadcast, or (b) a 25-                 waned since the early days of radio,                   groundwave contour, from co-channel
                                                      mile radius centered at the AM station’s                when the FM service was nonexistent or                 stations; (2) all Class A stations should
                                                      transmitter site, but the FM translator’s               underutilized, more of the population                  continue to be protected to the 0.5 mV/
                                                      1 mV/m contour may not extend beyond                    lived outside of major metropolitan                    m groundwave contour, both day and
                                                      a 40-mile radius centered at the AM                     areas, and there were significantly fewer              night, from first adjacent channel
                                                      station’s transmitter site. The                         media choices than there are today.                    stations; and (3) the critical hours
                                                      instructions for Sections II and III have               Because of this, many commenters                       protection of Class A stations should be
                                                      been revised to assist applicants with                  believe that the current protection                    eliminated completely. The Commission
                                                      completing the modified questions.                      afforded to Class A stations should be                 seeks comment on these proposals,
                                                         With this submission, the                            reduced, in order to allow other, more                 specifically on the populations that
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Commission is currently seeking to                      local stations to add or increase day and              would lose service from Class A stations
                                                      obtain OMB approval for the proposed                    nighttime power to their listening areas.              under this proposal and, to the extent
                                                      revisions to 47 CFR 74.1201(g) and FCC                  The tradeoff between commenters                        ascertainable, whether such populations
                                                      Form 349 for this information                           urging caution in taking any steps that                currently avail themselves of the service
                                                      collection. These revisions will not                    would diminish protection to Class A                   that would be lost. The Commission
                                                      increase the number of respondents,                     stations and those arguing that large                  also seeks data on areas and populations
                                                      number of responses, annual burden                      protected coverage areas for Class A                   in the United States, if any, that receive
                                                      hours and annual cost for this                          stations are unnecessary appears to be                 service only from Class A AM stations,
                                                      collection.                                             whether the Commission should take                     whether day or night. Conversely, it


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                                                                             Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules                                            2821

                                                      requests specific comment as to the                     was to stifle facility improvements,                   daytime D/U protection ratio for second
                                                      numbers of stations that would be able                  resulting in very little in the way of                 and third adjacent channel stations.
                                                      to increase power, daytime and                          decreased interference. They contend,                  Commenters proposed that the
                                                      nighttime, under this proposal and what                 for example, that the 25 percent                       Commission return to the pre-1991 0 dB
                                                      populations would gain service from                     exclusion method complicates                           daytime 1:1 protection ratio for first
                                                      those power increases. Additional                       nighttime allocation calculations and                  adjacent channels; change second
                                                      comment is sought concerning the net                    protection requirements and reduces                    adjacent channel groundwave
                                                      effect on listeners that could result from              flexibility for AM station improvement                 protection; and eliminate third adjacent
                                                      the combination of reduced protection                   and relocation; that consideration of                  channel groundwave protection.
                                                      to Class A stations and power increases                 adjacent-channel stations in making                    Additionally, several commenters
                                                      by co- and adjacent-channel stations                    interference calculations is unnecessary,              suggested changes to the daytime
                                                      that this proposal would allow. Would,                  claiming that the Commission instituted                protected contours for Class B, C, and D
                                                      in fact, such power increases cause                     this rule in anticipation of wide-band                 stations.
                                                      more loss of service to listeners of Class              AM receivers that never made it to                        8. The Commission tentatively
                                                      A stations than gains in such service to                market; and that a return to the 50                    concludes that these rule changes
                                                      listeners of upgrading stations? Would                  percent exclusion method used prior to                 should be adopted. The proposed 0 dB
                                                      current listeners of Class A skywave                    1991, considering only the skywave                     daytime 1:1 first adjacent channel
                                                      service, not located near stations able to              contributions to RSS calculations of co-               protection ratio was the pre-1991
                                                      avail themselves of power increases due                 channel stations, would enable AM                      standard, and the post-1991 protection
                                                      to this proposal, nevertheless                          broadcasters to improve their facilities               ratio does not appear to allow for
                                                      experience a reduction in skywave                       and signals and, thus, overcome the                    sufficient signal strength to overcome
                                                      service from Class A stations? Would                    increasing noise floor.                                current levels of environmental noise.
                                                      the proposed changes                                       6. The Commission agreed that the                   Likewise, because third adjacent
                                                      disproportionately affect listeners in                  1991 nighttime skywave interference                    channel interference is relatively
                                                      rural and/or tribal areas? What effects, if             regulations were well-intentioned but,                 insignificant compared to
                                                      any, would changes in protection to                     in retrospect, did not achieve their                   environmental sources of interference, it
                                                      Class A stations have on EAS Primary                    intended goals and have resulted in                    would seem prudent to eliminate third
                                                      Entry Point stations during                             unintended adverse consequences,                       adjacent channel groundwave
                                                      emergencies? Alternatively, should the                  chiefly by impeding facility                           protection and change second adjacent
                                                      Commission consider another level of                    improvements that are more necessary                   channel groundwave protection to
                                                      protection to Class A stations, whether                 now than 24 years ago, because the                     match the current levels for third
                                                      greater or less than that proposed and,                 noise floor has increased as much as or                adjacent channel protection, thus
                                                      if so, what should that protection be?                  more than station-to-station                           allowing AM stations to increase power
                                                      The Commission also seeks comment on                    interference, and increasing signal                    to overcome increased levels of
                                                      whether critical hours protection, if not               strength to a station’s primary service                environmental noise. Changing the
                                                      eliminated, should alternatively be                     area has become more of a priority than                daytime primary service contour for
                                                      modified? Finally, the Commission                       maintenance of rules that offer a small                Class B, C, and D stations to the 2 mV/
                                                      seeks comment on any costs that are                     return on interference reduction,                      m contour harmonizes the protection
                                                                                                              compared to the burden they impose on                  with the definition of service area that
                                                      likely to result from adoption of these
                                                                                                              signal improvement. The Commission                     was adopted in the Second Order on
                                                      proposals or from any alternatives
                                                                                                              therefore tentatively concluded that it                Reconsideration in the Rural Radio
                                                      proposed by commenters.
                                                                                                              should roll back the 1991 rule changes                 proceeding (27 FCC Rcd 12829, 12838
                                                         5. Several commenters to the NPRM                    as they pertain to calculation of                      (2012)), and would allow AM
                                                      also proposed that the Commission                       nighttime RSS values of interfering field              broadcasters greater flexibility to make
                                                      return to the nighttime root-sum-square                 strengths and NIF service, by amending                 station modifications designed to
                                                      (RSS) prediction method in existence                    47 CFR 78.182(k) to return to predicting               increase signal strength to their primary
                                                      before the Commission’s 1991 rule                       the NIF coverage area using only the                   service areas. The Commission therefore
                                                      changes. These prediction methods are                   interference contributions from co-                    proposes to revise 47 CFR 73.37(a) to
                                                      used to calculate values of both                        channel stations and the 50 percent                    reflect the aforementioned changes to
                                                      interfering field strengths from other                  exclusion method. The Commission                       daytime protected contours for Class B,
                                                      AM stations and nighttime interference-                 seeks comment on this proposal, and                    C, and D AM stations, and seeks
                                                      free (NIF) coverage. Prior to 1991,                     invites in particular comment from                     comment on this proposal. Would the
                                                      nighttime RSS values of interfering field               parties with differing views, or that have             proposed reductions in protection result
                                                      strengths and nighttime interference-                   technical evidence demonstrating the                   in greater flexibility for AM stations to
                                                      free coverage were based on calculating                 effects on inter-station interference of a             improve their signals, or would they
                                                      the RSS of all interfering signals using                return to the pre-1991 rules for                       merely increase inter-station
                                                      the 50 percent exclusion method,                        calculating nighttime skywave                          interference? Would the net effect be
                                                      considering only co-channel interfering                 interference. In addition, the                         beneficial or harmful to AM
                                                      signals. In the 1991 Technical                          Commission seeks comment on any                        broadcasters and listeners? To the extent
                                                      Assignment Criteria order (6 FCC Rcd                    costs that commenters believe would                    possible, commenters should provide
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      6273 (1991)), the Commission changed                    result from this proposal.                             technical data in support of their
                                                      its method of calculation to include                       7. Commenters also proposed changes                 arguments. In addition, commenters
                                                      adjacent-channel signals, and to use a                  to 47 CFR 73.37(a), the rule providing                 should discuss and, if possible, quantify
                                                      tiered system of RSS calculations. Some                 daytime protection to AM stations. The                 any costs they believe the proposal
                                                      commenters observed that, despite the                   rule currently specifies a 26 dB daytime               would entail.
                                                      Commission’s intentions in Technical                    desired to undesired (D/U) protection                     9. Several commenters to the NPRM
                                                      Assignment Criteria, which were to                      ratio for co-channel stations, a 6 dB D/               request that the Commission reconsider
                                                      decrease station-to-station interference                U daytime protection ratio for first                   the rules for locating cross-service fill-
                                                      in the AM service, in practice the effect               adjacent channel stations, and a 0 dB                  in FM translators. Currently, such


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                                                      2822                   Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules

                                                      translators must be located such that the               stations using directional antennas                    long as tower geometry is not being
                                                      60 dBm contour of any such FM                           whenever the licensee has reason to                    modified and no new towers are being
                                                      translator station must be contained                    believe that the radiated fields may be                added to the array; (4) clarify that 47
                                                      within the lesser of (a) the 2 millivolts               exceeding the limits for which the                     CFR 73.151(c)(1)(viii) applies only when
                                                      per meter (mV/m) daytime contour of                     station is authorized, and whenever                    total capacitance used to model base
                                                      the AM station, or (b) a 25-mile radius                 minor directional antenna system                       region effects exceeds 250 pF and
                                                      centered at the AM transmitter site.                    repairs are made that result in certain                modify same to apply only when base
                                                      Commenters argue that the current rule                  changes to the station’s licensed                      current sampling is used; (5) Permit use
                                                      is too restrictive. Some commenters                     operating parameters. Some commenters                  of MoM modeling for skirt-fed towers;
                                                      maintain that the 25-mile limitation is                 request that 47 CFR 73.154, the current                (6) Change MoM rules with regard to re-
                                                      arbitrary, or that it unfairly penalizes                rule governing partial proof of                        proofing when antennas are added to
                                                      stations located far from cities due to                 performance field strength                             towers; and (7) Eliminate requirement
                                                      land costs or those that have deep nulls                measurements for AM directional                        for current distribution measurements
                                                      in their directional patterns. Others                   antenna arrays, be modified to require                 for top-loaded or other unusual antenna
                                                      advocate eliminating the 25-mile                        measurements only on radials                           configurations when MoM or other
                                                      restriction and would have us allow the                 containing a monitoring point.                         numerical analysis method is used to
                                                      translator to be sited anywhere within                  Currently, the rule requires field                     determine antenna characteristics.
                                                      the 2 mV/m contour, and others suggest                  strength measurements on all radials                      13. Based on the Commission’s
                                                      even more flexibility.                                  with a monitoring point, as well as on                 experience with MoM proofs over the
                                                         10. When the Commission adopted                      radials from the latest complete field                 past seven years, it believed that, except
                                                      the current limits on siting of cross-                  strength proof of performance that are                 as noted below, the changes listed above
                                                      service translators re-broadcasting AM                  adjacent to the monitored radials, if the              are well-founded, would improve the
                                                      stations, it re-affirmed that FM                        array has fewer than four monitored                    quality of the MoM proofs submitted to
                                                      translators re-broadcasting AM stations                 radials. Proponents claim that                         the Commission, would not result in
                                                      were intended to fill service voids rather              eliminating the requirement to take                    inferior adjustments of AM directional
                                                      than to expand service, and that the                    measurements on non-monitored radials                  antenna arrays, and would eliminate
                                                      adopted limits were to ‘‘ensure that fill-              will reduce the cost to maintain AM                    some unnecessary expenses for
                                                      in cross-service translators are used in                directional antenna systems in working                 directional antenna array maintenance
                                                      the AM station’s core market area, rather               order. The Commission agreed that the                  by AM station licensees. It therefore
                                                      than in a fringe area that may be part of               proposed reduction in measured radials
                                                      or near another radio market.’’                                                                                tentatively concludes that the above-
                                                                                                              would result in a cost savings for                     listed procedural and rule changes, with
                                                      Amendment of Service and Eligibility                    directional antenna system maintenance
                                                      Rules for FM Broadcast Translator                                                                              the exception of the elimination of
                                                                                                              for AM broadcasters, and would not                     reference field strength measurements,
                                                      Stations, Report and Order, 24 FCC Rcd                  result in more AM directional antenna
                                                      9642, 9658–59 (2009). In the FNPRM,                                                                            should be adopted, and invites
                                                                                                              systems being out of adjustment. It                    comment on these changes, particularly
                                                      however, the Commission agreed that                     therefore tentatively concludes, and
                                                      some additional degree of flexibility is                                                                       from AM broadcasters operating with
                                                                                                              proposes, that 47 CFR 73.154(a) be                     directional antenna arrays. Rather than
                                                      appropriate, especially given the factual               modified accordingly. The Commission
                                                      situations (e.g., highly directional                                                                           eliminate reference field strength
                                                                                                              seeks comment on this proposal,                        measurements, which provide the only
                                                      antenna patterns with deep signal nulls)
                                                                                                              including comment on whether and to                    external verification that a directional
                                                      described by some commenters. The
                                                                                                              what extent the proposed rule                          antenna array is operating properly, the
                                                      Commission also wished to continue to
                                                                                                              modification would reduce costs to AM                  Commission tentatively concludes and
                                                      limit cross-service translator use to an
                                                                                                              broadcasters employing directional                     proposes that 47 CFR 73.151(c)(3) be
                                                      AM station’s core market. It therefore
                                                                                                              antenna systems.                                       modified to require reference field
                                                      proposes to modify 47 CFR 74.1201(g) to
                                                      provide that the coverage contour (1                       12. In 2008, the Commission adopted                 strength measurements when the initial
                                                      mV/m) of an FM translator                               rules permitting use of Method of                      license application is submitted for a
                                                      rebroadcasting an AM radio broadcast                    Moments (MoM) computer modeling to                     directional antenna system based on
                                                      station as its primary station must be                  verify the performance of AM station                   computer modeling and sample system
                                                      contained within the greater of either                  directional antenna systems. Since then,               verification. Subsequent licenses for the
                                                      the 2 mV/m daytime contour of the AM                    over 220 MoM directional antenna                       same directional antenna system and
                                                      station or a 25-mile (40 km) radius                     proofs of performance have been                        physical facilities will not require
                                                      centered at the AM transmitter site, but                prepared by AM station licensees and                   submission of new reference field
                                                      that in no event may the translator’s 1                 their engineers and submitted to the                   strength measurements. The
                                                      mV/m coverage contour extend beyond                     Commission in support of AM station                    Commission seeks comment on
                                                      a 40-mile (64 km) radius centered at the                applications for license. Based on their               whether, instead of eliminating
                                                      AM transmitter site. The Commission                     experience gained in the seven years                   recertification measurements, it should
                                                      stated that this proposal provides                      since the adoption of the MoM proof                    modify the rules to require them within
                                                      sufficient flexibility to provide useful                rules, several technical commenters                    a specific time period near, but prior to,
                                                      signal coverage, while not allowing a                   propose the following changes to the                   the submission of the station’s license
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      cross-service fill-in translator to extend              AM MoM proof rules: (1) eliminate or                   renewal application, or at some other
                                                      the station’s coverage beyond its core                  modify the recertification measurements                time interval. What constraints should
                                                      service area. The Commission invites                    requirements and removal of base                       the Commission impose on the physical
                                                      further comment on this proposal,                       sampling devices for periodic testing in               model of a skirt-fed antenna element in
                                                      including comment on any costs that                     47 CFR 73.155; (2) eliminate the                       the MoM computer program? Due to the
                                                      commenters believe are likely to arise                  requirement for reference field strength               complexity of modeling a skirt-fed
                                                      from the proposal.                                      measurements (47 CFR 73.151(c)(3)); (3)                tower, should it require use of specific
                                                         11. Partial proof of performance                     eliminate the requirement for surveying                MoM software to model them? What
                                                      measurements are required for AM                        existing directional antenna arrays as                 requirements should it specify for


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                                                                             Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules                                             2823

                                                      sampling systems for skirt-fed antenna                  in this proceeding adopting this                       that it has had experience with actual,
                                                      elements? What costs, if any, are likely                proposal. The Commission tentatively                   operating Expanded Band AM stations,
                                                      to arise as a result of any of the                      concludes that the required election                   the Commission inquires whether to
                                                      foregoing proposals?                                    should be made by the station licensee                 open up the Expanded Band to
                                                         14. In 1991, the Commission adopted                  in writing, by letter delivered to the                 additional stations, and under what
                                                      rules and procedures for initial                        Office of the Secretary, with copy to the              conditions.
                                                      licensing of stations in the 1605–1705                  Media Bureau, Audio Division, not later                   17. Several commenters remark that
                                                      kHz AM band (Expanded Band). In                         than twelve months following release of                the Expanded Band is underutilized and
                                                      opening up the Expanded Band, the                       a future Report and Order adopting this                should be opened up to more stations.
                                                      Commission’s intent was to selectively                  proposal, or such other date as is                     Some prefer, as before, that the
                                                      open the ten Expanded Band                              established in the Report and Order                    Expanded Band be used for stations
                                                      frequencies to those existing AM                        and/or in any notice delivered to the                  migrating from the standard band;
                                                      stations that most significantly                        licensee by the Media Bureau. The                      others believe that preference should
                                                      contributed to congestion and                           Commission further tentatively                         first be given to applicants for new AM
                                                      interference in the standard AM band,                   concludes that, should a station not                   stations, licensed daytime-only AM
                                                      removing interference from the standard                 make the election regarding which of                   stations, or licensed or new AM stations
                                                      band and providing those stations with                  the two authorizations it wishes to                    proposing all-digital operation. Most
                                                      more robust, interference-free service in               retain within the required time period,                who address the Expanded Band state
                                                      the Expanded Band. To ease the                          its standard band authorization should                 that stations in that band should be
                                                      financial uncertainty of migrating to the               be canceled, and the station required to               assigned in the same way they are
                                                      then-new and untested Expanded Band,                    operate only as authorized in the                      assigned in the standard AM band,
                                                      the Commission established a five-year                  Expanded Band. The Commission seeks                    rather than continuing the allotment
                                                      transition period, during which                         comment on these proposals, including                  procedures currently used in the
                                                      migrating stations would hold licenses                  any comments in favor of licensee                      Expanded Band. Commenters also urge
                                                      in both the Expanded Band and                           retention of dual authorizations,                      that a station migrating from the
                                                      standard AM band, and could simulcast                   comments on whether it should adopt a                  standard band to the Expanded Band
                                                      programming over both. This five-year                   shorter or longer deadline for the                     relinquish its standard band license
                                                      period was set forth in a condition to                  required election, comments regarding                  shortly after initiating Expanded Band
                                                      each Expanded Band license, and began                   the effect of such retention of dual                   service. Although many commenters
                                                      to run as of the date of initial licensing              authorizations on the AM service                       address the use of the Expanded Band
                                                      in the Expanded Band. After the five-                   generally and the Expanded Band                        in helping to revitalize the AM service,
                                                      year transition period, each dual-station               specifically, and comments on any costs                there are a number of procedural and
                                                      licensee would be required to surrender                 associated with surrender of these                     practical decisions to be made before
                                                      either its standard band or its Expanded                authorizations.                                        proposing rules for further utilization of
                                                      Band license. The Commission has                                                                               that band. The Commission believes
                                                      never abandoned the requirement that                    Synopsis of Notice of Inquiry                          that a more complete record is needed
                                                      the dual standard/Expanded band                           16. Utilization of AM Expanded Band.                 before proposing rules regarding further
                                                      stations relinquish one of their                        In Review of the Technical Assignment                  expansion of the 1605–1705 kHz band.
                                                      authorizations, and many such stations                  Criteria for the AM Broadcast Service,                    18. As a threshold matter, the
                                                      have done so. The 25 remaining such                     Report and Order, 6 FCC Rcd 6273,                      Commission asks commenters whether
                                                      station pairs, listed in Appendix F to the              6302–23 (1991), 56 FR 64842 (Dec. 12,                  they believe that opening the Expanded
                                                      FNPRM, negate the Commission’s goal                     1991) (Technical Assignment Criteria),                 Band to further development would be
                                                      to reduce interference in the standard                  the Commission established rules and                   beneficial to revitalization of the AM
                                                      AM band, and their retention of both                    policies for stations initially licensed in            service. Assuming agreement with that
                                                      authorizations disserves the other                      the Expanded AM Band (1605–1705                        premise, who should be allowed to
                                                      licensees who complied with the                         kHz) (Expanded Band), including                        receive authorizations in the Expanded
                                                      relinquishment requirement. A number                    technical rules. See generally Technical               Band? Should preference be given to
                                                      of the stations still holding dual                      Assignment Criteria, 6 FCC Rcd at                      new stations, to migrators from the
                                                      standard band/Expanded Band                             6311–14, 6321–23. For example, it                      standard band, to stations planning all-
                                                      authorizations have filed requests for                  decided to administer channels in the                  digital operation, or should some other
                                                      waiver of the surrender condition and                   Expanded Band on an allotment basis                    criterion be established? If the
                                                      prohibition against sale of one of the                  based on fixed technical parameters,                   Expanded Band were opened to new
                                                      authorizations.                                         similar to allotments in the FM                        stations, an auction filing window
                                                         15. Given the Commission’s                           broadcast band, rather than on an                      would need to be opened, and mutually
                                                      consideration, in a Notice of Inquiry                   assignment basis as in the standard AM                 exclusive applications would be subject
                                                      that follows the FNPRM, of further                      band, in which the technical facilities of             to all competitive bidding procedures,
                                                      utilization of the Expanded Band, along                 each station are uniquely designed to                  including threshold Section 307(b)
                                                      with its general concern for                            avoid interference to other stations on                comparisons and possible auctions.
                                                      revitalization of the AM service, there is              the band. 47 CFR 73.30. A total of 88                  Additionally, if the Expanded Band
                                                      no justification for allowing licensee                  Expanded Band channels were                            were opened to major modifications,
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      retention of high-interfering standard                  originally allotted, and licenses were                 any mutually exclusive groups
                                                      band stations along with the Expanded                   granted to 54 stations that migrated from              including major modification
                                                      Band stations meant to replace them.                    the standard AM band to the Expanded                   applications would have the
                                                      The Commission therefore tentatively                    Band. The Commission proposed, in the                  opportunity for settlements or technical
                                                      concludes that any licensee with dual                   Further Notice of Proposed Rule Making                 resolutions. 47 CFR 73.5002(d)(1), (2). If
                                                      standard/Expanded Band authorizations                   (FNPRM) in this proceeding, to require                 the Commission were to reserve the
                                                      should be required to surrender one of                  the remaining 25 dual standard-                        Expanded Band for migrators from the
                                                      the two authorizations within one year                  Expanded Band station pairs to                         standard AM band, should it open a
                                                      of release of a future Report and Order                 surrender one authorization each. Now                  window, waive the major change rule,


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                                                      2824                   Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules

                                                      and allow migrators to apply as minor                   regard to all-digital (as opposed to                   residents of the station’s community of
                                                      modifications on a first-come, first-                   hybrid digital) AM operations, and the                 license. This includes being adequately
                                                      served basis, or use some other                         record is not yet established on the                   equipped to transmit programming,
                                                      mechanism (as, for example, the initial                 technical standards needed to establish                having a meaningful management and
                                                      assignment of stations to the Expanded                  interference protection for digital-to-                staff presence, and serving as a location
                                                      Band by prioritizing major interferers)?                digital stations, much less digital-to-                for the station’s public file. The
                                                      With regard to migrating stations, the                  analog or digital-to-hybrid. The absence               Commission continues to emphasize a
                                                      Commission tentatively agrees with                      of a technical record leads the                        station’s function of meeting the needs
                                                      those commenters who have suggested                     Commission to believe that it may be                   and interests of its community. At the
                                                      that, in the event such migration is                    premature to discuss limiting the                      same time, however, it is aware of the
                                                      allowed, a ‘‘flash cut’’ from the standard              Expanded Band to all-digital operation;                financial strain on many AM
                                                      band authorization to the Expanded                      however it welcomes comments that                      broadcasters. Moreover, advances in
                                                      Band operation should take place, that                  include technical data that would                      technology (e.g., email, mobile
                                                      is, the standard band authorization                     further inform it on this issue.                       telephone, Internet) can enable members
                                                      would be relinquished upon                                 21. Relaxed Main Studio                             of the community to contact station
                                                      commencing Expanded Band                                Requirements. 47 CFR 73.1125(a)                        personnel without having to physically
                                                      transmissions. The Commission seeks                     provides, in pertinent part, that ‘‘each               visit the main studio. In fact, the
                                                      other views on this matter, however.                    AM, FM, and TV broadcast station shall                 Commission has recently proposed
                                                         19. With regard to Expanded Band                     maintain a main studio’’ at a location                 requiring AM and FM broadcast stations
                                                      technical facilities, currently stations in             complying with paragraphs (a)(1)–(a)(3)                to post their public files to the
                                                      the Expanded Band are allotted on a                     of that section.1 Moreover, the                        Commission’s online database, which
                                                      minimum distance separation standard                    Commission has long held that a station                would make them accessible without
                                                      similar to FM stations, rather than the                 must, at a minimum, maintain full-time                 the need for visiting a station’s offices
                                                      contour-protection procedures used for                  managerial and full-time staff personnel               or main studio. Expansion of Online
                                                      standard band AM stations. As noted in                  at its main studio. Jones Eastern of the               Public File Obligations, Notice of
                                                      Technical Assignment Criteria,                          Outer Banks, Inc., Memorandum                          Proposed Rule Making, 29 FCC Rcd
                                                      assigning channels based on contour                     Opinion and Order, 6 FCC Rcd 3615,                     15943 (2014).
                                                      protection maximizes the number of                      3616 (1991). Commenters Blount
                                                                                                                                                                        23. Despite these advances in
                                                      stations on each channel, whereas                       Masscom, Inc., et al. (Blount), note that
                                                      allotting stations based on spacing was                                                                        accessibility to broadcast stations and
                                                                                                              the Commission often grants waivers of
                                                      believed to promote a higher-quality                                                                           their personnel, the Commission is
                                                                                                              the main studio requirement to
                                                      technical service in the Expanded Band.                                                                        reluctant to eliminate main studio
                                                                                                              noncommercial educational (NCE)
                                                      6 FCC Rcd at 6311–12. Commenters                                                                               requirements entirely, because of the
                                                                                                              stations, allowing them to co-locate a
                                                      favoring opening up the Expanded Band                                                                          aforementioned importance of the main
                                                                                                              station’s main studio at the studio of
                                                      overwhelmingly prefer instituting                                                                              studio to the goal of ensuring station
                                                                                                              another station licensed to the same
                                                      contour protection standards. The                                                                              compliance with local service
                                                                                                              licensee that may be outside the
                                                      Commission seeks comment on the                                                                                obligations. The Commission therefore
                                                                                                              locations allowed by 47 CFR 73.1125(a),
                                                      relative merits of each method of                                                                              seeks comment on whether, and how, to
                                                                                                              and that the rule language contemplates
                                                      channel assignment or allotment.                                                                               modify the main studio rule in light of
                                                                                                              such waivers for commercial stations,
                                                      Additionally, to the extent commenters                                                                         its goal in this proceeding to revitalize
                                                                                                              although such waivers are seldom if
                                                      favor contour protection, they should                                                                          the AM service. Should it continue to
                                                                                                              ever granted. Blount proposes that AM
                                                      also address whether compliance with                                                                           address waivers of the main studio rule
                                                                                                              station owners be allowed to request
                                                      contour protection standards should be                                                                         on a case-by-case basis, but be more
                                                                                                              such waivers, or at a minimum that
                                                      limited to use of M3 ground                                                                                    open to such requests by commercial
                                                                                                              certain classes of AM stations, notably
                                                      conductivity for contour prediction, or                                                                        stations that can co-locate in studio
                                                                                                              Class D stations, be allowed to do so.
                                                      should the Commission allow use of                                                                             facilities used by co-owned stations in
                                                                                                              Blount further proposes that AM
                                                      measured ground conductivities in                                                                              a given market? Assuming that the
                                                                                                              stations without co-owned main studios
                                                      predicting contours?                                                                                           Commission were to allow relaxation of
                                                                                                              available should be allowed to adopt
                                                         20. The Commission also seeks                                                                               the requirement that each station
                                                                                                              relaxed staffing requirements, such as
                                                      comment on whether to allow other                                                                              maintain a separate main studio, is there
                                                                                                              requiring staffing only during part of the
                                                      classes and powers of stations (except                                                                         a maximum number of co-located
                                                                                                              day or week, or allowing the use of
                                                      for Class D stations, which are no longer                                                                      stations that it should allow under one
                                                                                                              technology to permit members of the
                                                      authorized), to the extent permitted by                                                                        roof? If it were to allow co-location of
                                                                                                              public to contact station personnel who
                                                      our international agreements, or                                                                               two or more stations, should it further
                                                                                                              are not physically present at the main
                                                      whether it should authorize the same                                                                           relax the requirements by allowing one
                                                                                                              studio. Three other commenters support
                                                      power (e.g., 10 kW day/1 kW night) for                                                                         or more of the stations to be located
                                                                                                              Blount’s proposals.
                                                      all new Expanded Band stations. A                                                                              outside of the area dictated by 47 CFR
                                                                                                                 22. The Commission has historically
                                                      related question would be whether to                                                                           73.1125(a)(1) through (a)(3)? If one or
                                                                                                              considered a station’s main studio to
                                                      allow complex directional patterns in                                                                          more co-located stations are allowed to
                                                                                                              constitute the location from which the
                                                      the Expanded Band or limit applications                                                                        locate outside the rule requirements,
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                              station can adequately meet its function
                                                      to non-directional and simple                                                                                  should there be an absolute restriction
                                                                                                              of serving the needs and interests of the
                                                      directional (i.e., no more than three-                                                                         on the distance a co-locating station
                                                      tower array) stations. If commenters                       1 The acceptable locations of a main studio are:    may move its studio from its community
                                                      were to favor limiting the Expanded                     (1) Within the station’s community of license; (2)     of license? Moreover, should the
                                                      Band to all-digital stations, the                       at any location within the principal community         Commission, as Blount suggests, relax
                                                      Commission would seek comment as to                     contour of any AM, FM, or TV broadcast station         the staffing requirement of full-time
                                                                                                              licensed to the station’s community of license; or
                                                      the contour protections and allocation                  (3) within 25 miles from the reference coordinates
                                                                                                                                                                     management and staff presence for AM
                                                      standards for all-digital operation. At                 of the center of the station’s community of license    stations that do not have co-owned
                                                      the moment, testing is continuing with                  as described in 47 CFR 73.208(a)(1).                   stations with which to co-locate studio


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                                                                             Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules                                              2825

                                                      facilities? Should any such relaxation of               Document FCC 15–142 can also be                        generally defines the term ‘‘small
                                                      staffing requirements necessarily be                    downloaded in Word or Portable                         entity’’ as having the same meaning as
                                                      limited to such ‘‘stand alone’’ AM                      Document Format (PDF) at http://                       the terms ‘‘small business,’’ ‘‘small
                                                      stations? If the Commission were to                     www.fcc.gov/ndbedp.                                    organization,’’ and ‘‘small governmental
                                                      relax staffing requirements, what if any                                                                       jurisdiction.’’ In addition, the term
                                                                                                              Ex Parte Rules
                                                      conditions should be put in place to                                                                           ‘‘small business’’ has the same meaning
                                                      ensure that members of the public could                    26. This proceeding shall be treated as             as the term ‘‘small business concern’’
                                                      contact station personnel and receive                   a ‘‘permit-but-disclose’’ proceeding in                under the Small Business Act. A ‘‘small
                                                      timely responses? Should it require that                accordance with the Commission’s ex                    business concern’’ is one which: (1) Is
                                                      local mobile phone numbers for station                  parte rules. 47 CFR 1.1200 et seq.                     independently owned and operated; (2)
                                                      management and staff be posted or                       Persons making ex parte presentations                  is not dominant in its field of operation;
                                                      otherwise publicized? Should any                        must file a copy of any written                        and (3) satisfies any additional criteria
                                                      relaxation of main studio or staffing                   presentation or a memorandum                           established by the Small Business
                                                      rules be linked to a station’s posting of               summarizing any oral presentation                      Administration (SBA).
                                                      its public file to the Commission online                within two business days after the                        28. As required by the RFA (5 U.S.C.
                                                      database? The Commission seeks                          presentation (unless a different deadline              603), Commission has prepared this
                                                      comment addressing these and any                        applicable to the Sunshine period                      Initial Regulatory Flexibility Analysis
                                                      other matters pertaining to AM stations’                applies). Persons making oral ex parte                 (IRFA) of the possible significant
                                                      maintenance of fully staffed local main                 presentations are reminded that                        economic impact on a substantial
                                                      studios. In particular, the Commission                  memoranda summarizing the                              number of small entities by the policies
                                                      invites comment on the cost reductions                  presentation must (1) list all persons                 and rules proposed in the FNPRM.
                                                      that may result from modification of the                attending or otherwise participating in                Written public comments are requested
                                                      main studio rule.                                       the meeting at which the ex parte                      on this IRFA. Comments must be
                                                                                                              presentation was made, and (2)                         identified as responses to the IRFA and
                                                      Comments and Reply Comments                             summarize all data presented and                       must be filed by the deadlines for
                                                        24. Pursuant to §§ 1.415 and 1.419 of                 arguments made during the                              comments on the FNPRM provided in
                                                      the Commission’s rules, 47 CFR 1.415,                   presentation. If the presentation                      paragraph 94 of the FNPRM. The
                                                      1.419, interested parties may file                      consisted in whole or in part of the                   Commission will send a copy of this
                                                      comments and reply comments on or                       presentation of data or arguments                      entire FNPRM, including this IRFA, to
                                                      before the dates indicated on the first                 already reflected in the presenter’s                   the Chief Counsel for Advocacy of the
                                                      page of this document. Comments may                     written comments, memoranda or other                   Small Business Administration (SBA).
                                                      be filed using the Commission’s                         filings in the proceeding, the presenter               In addition, the FNPRM and the IRFA
                                                      Electronic Comment Filing System                        may provide citations to such data or                  (or summaries thereof) will be
                                                      (ECFS). See Electronic Filing of                        arguments in his or her prior comments,                published in the Federal Register.
                                                      Documents in Rulemaking Proceedings,                    memoranda, or other filings (specifying
                                                      63 FR 24121 (1998).                                     the relevant page and/or paragraph                     Need for, and Objectives of, the
                                                        • All hand-delivered or messenger-                    numbers where such data or arguments                   Proposed Rules
                                                      delivered paper filings for the                         can be found) in lieu of summarizing                      29. This rulemaking proceeding is
                                                      Commission’s Secretary must be                          them in the memorandum. Documents                      initiated to obtain further comments
                                                      delivered to FCC Headquarters at 445                    shown or given to Commission staff                     concerning certain proposals designed
                                                      12th Street SW., Room TW–A325,                          during ex parte meetings are deemed to                 to revitalize the AM broadcast radio
                                                      Washington, DC 20554. All hand                          be written ex parte presentations and                  service. It is based in substantial part on
                                                      deliveries must be held together with                   must be filed consistent with 47 CFR                   proposals raised by commenters in this
                                                      rubber bands or fasteners. Any                          1.1206(b). In proceedings governed by                  rulemaking proceeding, in response to
                                                      envelopes must be disposed of before                    47 CFR 1.49(f) or for which the                        the Commission’s call in the original
                                                      entering the building.                                  Commission has made available a                        NPRM in this proceeding for further
                                                        • Commercial Mail sent by overnight                   method of electronic filing, written ex                ideas and proposals.
                                                      mail (other than U.S. Postal Service                    parte presentations and memoranda                         30. Specifically, the Commission
                                                      Express Mail and Priority Mail) must be                 summarizing oral ex parte                              seeks comment on the following: (1)
                                                      sent to 9300 East Hampton Drive,                        presentations, and all attachments                     Whether to change the nighttime and
                                                      Capitol Heights, MD 20743.                              thereto, must be filed through the                     critical hours signal protection to Class
                                                        • U.S. Postal Service first-class,                    electronic comment filing system                       A AM stations; (2) whether to change
                                                      Express, and Priority mail should be                    available for that proceeding, and must                the methodology for calculating
                                                      addressed to 445 12th Street SW.,                       be filed in their native format (e.g., .doc,           nighttime root sum square (RSS) values;
                                                      Washington, DC 20554.                                   .xml, .ppt, searchable .pdf). Participants             (3) whether to change daytime signal
                                                        25. This is a summary of the                          in this proceeding should familiarize                  protection to Class B, C, and D stations;
                                                      Commission’s document FCC 15–142,                       themselves with the Commission’s ex                    (4) whether to revise the rule on where
                                                      Revitalization of the AM Radio Service,                 parte rules.                                           an FM cross-service translator station,
                                                      Further Notice of Proposed Rulemaking                                                                          re-broadcasting an AM station’s signal,
                                                      (FNPRM) and Notice of Inquiry (NOI),                    Initial Regulatory Flexibility Analysis                may be located relative to the AM
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      adopted on October 21, 2015 and                           27. The Regulatory Flexibility Act of                station’s transmitter; (5) whether to
                                                      released on October 23, 2015, in MB                     1980, as amended (RFA), requires that a                modify the rules governing partial
                                                      Docket No. 13–249. The full text of                     regulatory flexibility analysis be                     proofs of performance of directional AM
                                                      document FCC 15–142 will be available                   prepared for notice and comment rule                   antenna arrays; (6) whether to modify
                                                      for public inspection and copying via                   making proceedings, unless the agency                  the rules for method of moments proofs
                                                      ECFS, and during regular business                       certifies that ‘‘the rule will not, if                 for directional AM antenna arrays; and
                                                      hours at the FCC Reference Information                  promulgated, have a significant                        (7) whether to require licensees holding
                                                      Center, Portals II, 445 12th Street SW.,                economic impact on a substantial                       dual standard band-Expanded Band AM
                                                      Room CY–A257, Washington, DC 20554.                     number of small entities.’’ The RFA                    licenses to surrender one of the licenses


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                                                      2826                   Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules

                                                      within one year of release of the Second                entities that might be affected by our                 calculations would not change, only the
                                                      Report and Order in this proceeding.                    action, because the revenue figure on                  values that are acceptable, so any
                                                                                                              which it is based does not include or                  additional burdens would be minimal.
                                                      Legal Basis
                                                                                                              aggregate revenues from affiliated                     Likewise, the proposed revision to the
                                                         31. The authority for this proposed                  companies. In addition, an element of                  rules on where an FM translator
                                                      rulemaking is contained in Sections 1,                  the definition of ‘‘small business’’ is that           providing fill-in service for an AM
                                                      2, 4(i), 303, 307, and 309(j) of the                    the entity not be dominant in its field                station may be sited will not require any
                                                      Communications Act of 1934, 47 U.S.C.                   of operation. The Commission is unable                 additional calculations on the part of
                                                      151, 152, 154(i), 303, 307, and 309(j).                 at this time to define or quantify the                 the AM station proposing to locate or
                                                      Description and Estimate of the Number                  criteria that would establish whether a                relocate the translator. The proposal
                                                      of Small Entities to Which the Proposed                 specific radio station is dominant in its              merely relaxes the siting requirement
                                                      Rules Will Apply                                        field of operation. Accordingly, the                   and expands the area in which such a
                                                                                                              estimate of small businesses to which                  cross-service fill-in translator may be
                                                         32. The RFA directs the Commission                   rules may apply do not exclude any                     located. Thus, there should be no
                                                      to provide a description of and, where                  radio station from the definition of a                 additional reporting or recordkeeping
                                                      feasible, an estimate of the number of                  small business on this basis and                       burdens, and compliance with the siting
                                                      small entities that will be affected by the             therefore may be over-inclusive to that                rules will be easier. The proposed
                                                      proposed rules. The RFA generally                       extent. Also as noted, an additional                   modifications to the partial proof of
                                                      defines the term ‘‘small entity’’ as                    element of the definition of ‘‘small                   performance and Method of Moments
                                                      encompassing the terms ‘‘small                          business’’ is that the entity must be                  rules would not change any reporting or
                                                      business,’’ ‘‘small organization,’’ and                 independently owned and operated. It is                compliance requirements, insofar as AM
                                                      ‘‘small governmental entity.’’ In                       difficult at times to assess these criteria            licensees and applicants would not be
                                                      addition, the term ‘‘small Business’’ has               in the context of media entities and                   required to submit such proofs or
                                                      the same meaning as the term ‘‘small                    Commission estimates of small                          models more frequently than is now the
                                                      business concern’’ under the Small                      businesses to which they apply may be                  case. The only changes would be to
                                                      Business Act. A small business concern                  over-inclusive to this extent.                         relax the requirements for making
                                                      is one which: (1) Is independently                                                                             proofs of performance or method of
                                                      owned and operated; (2) is not                          FM Translator Stations and Low-Power
                                                                                                                                                                     moments models. Thus, the required
                                                      dominant in its field of operation; and                 FM Stations
                                                                                                                                                                     submissions of such proofs and models
                                                      (3) satisfies any additional criteria                      34. The proposed policies could affect              would be less burdensome on AM
                                                      established by the SBA.                                 licensees of FM translator stations, as                broadcasters with directional antenna
                                                      Radio Stations                                          well as potential licensees in this radio              arrays that are required to submit such
                                                                                                              service. The same SBA definition that                  information. Finally, the proposal to
                                                         33. The proposed rules and policies                  applies to radio broadcast licensees                   require surrender of licenses held by
                                                      could apply to AM radio broadcast                       would apply to these stations. The SBA                 broadcasters with paired standard band-
                                                      licensees, and potential licensees of the               defines a radio broadcast station as a                 Expanded Band AM stations will not
                                                      AM radio service. A radio broadcasting                  small business if such station has no                  change any reporting, recordkeeping, or
                                                      station is an establishment primarily                   more than $38.5 million in annual                      other compliance requirements, and
                                                      engaged in broadcasting aural programs                  receipts. See 13 CFR 121.201, NAICS                    will in fact reduce such requirements
                                                      by radio to the public. Included in this                code 515112. Currently, there are                      for such licensees by 50 percent.
                                                      industry are commercial, religious,                     approximately 6,422 licensed FM
                                                      educational, and other radio stations.                  translator and booster stations. In                    Steps Taken To Minimize Significant
                                                      Radio broadcasting stations which                       addition, there are approximately 225                  Impact on Small Entities, and
                                                      primarily are engaged in radio                          applicants with pending applications                   Significant Alternatives Considered
                                                      broadcasting and which produce radio                    filed in the 2003 translator filing                       36. The RFA requires an agency to
                                                      program materials are similarly                         window. Given the nature of these                      describe any significant alternatives that
                                                      included. However, radio stations that                  services, it is presumed that all of these             it has considered in reaching its
                                                      are separate establishments and are                     licensees and applicants qualify as                    proposed approach, which may include
                                                      primarily engaged in producing radio                    small entities under the SBA definition.               the following four alternatives (among
                                                      program material are classified under                                                                          others): (1) The establishment of
                                                      another NAICS number. The SBA has                       Description of Projected Reporting,                    differing compliance or reporting
                                                      established a small business size                       Recordkeeping and Other Compliance                     requirements or timetables that take into
                                                      standard for this category, which is:                   Requirements                                           account the resources available to small
                                                      Firms having $38.5 million or less in                      35. The proposed rule and procedural                entities; (2) the clarification,
                                                      annual receipts. 13 CFR 121.201, NAICS                  changes may, in some cases, impose                     consolidation, or simplification of
                                                      code 515112 (updated for inflation in                   different reporting, recordkeeping, or                 compliance or reporting requirements
                                                      2008). According to the BIA/Kelsey,                     other requirements on existing and                     under the rule for small entities; (3) the
                                                      MEDIA Access Pro Database on October                    potential AM radio licensees and                       use of performance, rather than design,
                                                      15, 2015, 4,691 (99.94%) of 4,694 a.m.                  permittees. In the case of proposed                    standards; and (4) an exemption from
                                                      radio stations have revenues of $38.5                   changes to the technical rules regarding               coverage of the rule, or any part thereof,
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      million or less. Therefore, the majority                calculation of daytime and nighttime                   for small entities. 5 U.S.C. 603(b). In the
                                                      of such entities are small entities. The                interfering contours, and changes to                   FNPRM, the Commission seeks to assist
                                                      Commission noted, however, that, in                     daytime, nighttime, and critical hours                 AM broadcasters by changing certain
                                                      assessing whether a business concern                    protection to some stations, there would               daytime, nighttime, and critical hours
                                                      qualifies as small under the above                      be changes in the calculation of inter-                interference protection standards as
                                                      definition, business (control) affiliations             station interference and reporting of                  they apply to certain classes of AM
                                                      must be included. See 13 CFR                            same. However, the information to be                   stations; proposes relaxing the rules on
                                                      121.103(a)(1). This estimate, therefore,                filed is already familiar to broadcasters,             siting of FM translators providing fill-in
                                                      likely overstates the number of small                   and the nature of the interference                     service for AM broadcast stations;


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                                                                                       Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules                                                                                 2827

                                                      proposes to modify the measurement                                            (Braille, large print, electronic files,                               PART 73—RADIO BROADCAST
                                                      requirements for AM directional                                               audio format), send an email to fcc504@                                SERVICES
                                                      antenna system partial proofs of                                              fcc.gov or call the Consumer and
                                                      performance in order to make them less                                        Governmental Affairs Bureau at 202–                                    ■ 1. The authority citation for part 73
                                                      burdensome; and proposes to modify                                            418–0530 (voice), 202–418–0432 (TTY).                                  continues to read as follows:
                                                      the rules for submitting method of                                                                                                                     Authority: 47 U.S.C. 154, 303, 334, 336,
                                                      moments models of proposed AM                                                 Ordering Clauses                                                       and 339.
                                                      directional antenna systems, in order to
                                                                                                                                      39. Accordingly, it is ordered that,                                 ■ 2. In § 73.21 revise paragraphs (a)
                                                      make those rules less burdensome. The
                                                                                                                                    pursuant to sections 4(i), 301, 303(r),                                introductory text and (a)(1) to read as
                                                      Commission also seeks either to reduce
                                                                                                                                    316, and 403 of the Communications                                     follows:
                                                      interference in the standard AM band
                                                      or, alternatively, to create more                                             Act of 1934, as amended, 47 U.S.C.
                                                                                                                                                                                                           § 73.21 Classes of AM broadcast channels
                                                      spectrum in the Expanded AM Band, by                                          154(i), 301, 303(r), 316, 403, this Further                            and stations.
                                                      requiring that the 25 remaining                                               Notice of Proposed Rulemaking is
                                                                                                                                                                                                              (a) Clear channel. A clear channel is
                                                      licensees holding paired authorizations                                       adopted.
                                                                                                                                                                                                           one on which stations are assigned to
                                                      in both bands surrender one of the                                              40. It is further ordered that, pursuant                             serve wide areas. These stations are
                                                      paired licenses. Under the                                                    to Sections 1, 303(g), and 403 of the                                  protected from objectionable
                                                      Commission’s proposal, such a licensee                                        Communications Act of 1934, as                                         interference within their primary
                                                      would be given one year from adoption                                         amended, 47 U.S.C. 151, 303(g), and                                    service areas. Stations operating on
                                                      of this proposal in which to elect which                                      403, and Section 1.430 of the                                          these channels are classified as follows:
                                                      authorization it would surrender. The                                         Commission’s rules, 47 CFR 1.430, that                                    (1) Class A station. A Class A station
                                                      Commission seeks comment as to                                                this Notice of Inquiry is adopted.                                     is an unlimited time station that
                                                      whether its goal of revitalizing the AM                                                                                                              operates on a clear channel and is
                                                      service could be effectively                                                  List of Subjects                                                       designed to render primary service over
                                                      accomplished through these means. The                                         47 CFR Part 73                                                         an extended area at relatively long
                                                      Commission is open to consideration of                                                                                                               distances from its transmitter. Its
                                                      alternatives to the proposals under                                             Communications equipment, Radio,                                     primary service area is protected from
                                                      consideration, as set forth herein,                                           Reporting and recordkeeping                                            objectionable interference from other
                                                      including but not limited to alternatives                                     requirements.                                                          stations on the same and adjacent
                                                      that will minimize the burden on AM                                                                                                                  channels. The operating power shall not
                                                      broadcasters, most of which are small                                         47 CFR Part 74                                                         be less than 10 kW nor more than 50
                                                      businesses. There may be unique                                                                                                                      kW. (Also see § 73.25(a)).
                                                                                                                                        Communications equipment, Radio.
                                                      circumstances these entities may face,                                                                                                               *      *     *    *     *
                                                      and the Commission will consider                                                Federal Communications Commission.
                                                      appropriate action for small                                                  Gloria J. Miles,                                                       § 73.24    [Amended]
                                                      broadcasters when preparing a Second                                          Federal Register Liaison Officer. Office of the                        ■ 3. In § 73.24 remove paragraph (h) and
                                                      Report and Order in this matter.                                              Secretary.                                                             redesignate paragraphs (i) and (j) as
                                                      Federal Rules Which Duplicate,                                                                                                                       paragraphs (h) and (i), respectively.
                                                                                                                                    Proposed Rule Changes                                                  ■ 4. In § 73.37 revise the table following
                                                      Overlap, or Conflict With, the
                                                      Commission’s Proposals                                                          For the reasons discussed in the                                     paragraph (a) to read as follows:
                                                        37. None.                                                                   preamble, the Federal Communications                                   § 73.37 Applications for broadcast
                                                        38. To request materials in accessible                                      Commission proposes to amend 47 CFR                                    facilities, showing required.
                                                      formats for people with disabilities                                          parts 73 and 74 as follows:                                                (a) * * *

                                                                                                                                                                                                   Contour of
                                                                                                                                                                                                   proposed
                                                                                                      Frequency separation                                                                                                   Contour of any other station
                                                                                                                                                                                              station (classes B,
                                                                                                             (kHz)                                                                                                                     (mV/m)
                                                                                                                                                                                                   C and D)
                                                                                                                                                                                                    (mV/m)

                                                      0 ..................................................................................................................................                 0.005     0.100 (Class A).
                                                                                                                                                                                                           0.100     2.0 (Other classes).
                                                                                                                                                                                                              2.0    0.100 (Other classes).
                                                      10 ................................................................................................................................                  0.500     0.500 (Class A).
                                                                                                                                                                                                              2.0    2.0 (Other classes).
                                                      20 ................................................................................................................................                   25.0     25.0 (All classes).



                                                      *     *     *     *     *                                                     is submitted that is based on computer                                 reference location at the time of the
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      ■ 5. In § 73.151 revise paragraph (c)(3)                                      modeling and sample system                                             proof of performance. The license
                                                      to read as follows:                                                           verification, reference field strength                                 application shall include the measured
                                                                                                                                    measurement locations shall be                                         field strength values at each reference
                                                      § 73.151 Field strength measurements to
                                                      establish performance of directional                                          established in the directions of pattern                               point, along with a description of each
                                                      antennas.                                                                     minima and maxima. On each radial                                      measurement location, including GPS
                                                      *      *    *     *    *                                                      corresponding to a pattern minimum or                                  coordinates and datum reference. New
                                                         (c) * * *                                                                  maximum, there shall be at least three                                 reference field strength measurements
                                                         (3) When the application for an initial                                    measurement locations. The field                                       are not required for subsequent license
                                                      license for a directional antenna system                                      strength shall be measured at each



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                                                      2828                   Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules

                                                      applications for the same directional                      (2) Class B stations are stations which             relative to Class B, Class C, and Class D
                                                      antenna system and physical facilities.                 operate on clear and regional channels                 stations in Alaska, Hawaii, Puerto Rico
                                                      ■ 6. In § 73.154, revise paragraph (a) to               with powers not less than 0.25 kW or                   and the U.S. Virgin Islands. Stations in
                                                      read as follows:                                        greater than 50 kW. These stations                     the above-named places that are
                                                                                                              render primary service, the area of                    reclassified from Class C to Class B
                                                      § 73.154 AM directional antenna partial                 which depends on their geographic                      stations under § 73.26(b) shall not be
                                                      proof of performance measurements.
                                                                                                              location, power, and frequency. It is                  authorized to increase power to levels
                                                        (a) A partial proof of performance                    recommended that Class B stations be                   that would increase the nighttime
                                                      consists of at least 8 field strength                   located so that the interference received              interference-free limit of co-channel
                                                      measurements made on each of the                        from other stations will not limit the                 Class C stations in the conterminous
                                                      radials that includes a monitoring point.               service area to a groundwave contour                   United States.
                                                      *     *     *     *      *                              value greater than 2.0 mV/m                               (b) When a station is already limited
                                                                                                              groundwave contour both daytime and                    by interference from other stations to a
                                                      § 73.155   [Removed]                                                                                           contour value greater than that normally
                                                                                                              nighttime, which are the values for the
                                                      ■   7. Remove § 73.155.                                 mutual protection between this class of                protected for its class, the individual
                                                      ■   8. Revise § 73.182 to read as follows:              stations and other stations of the same                received limits shall be the established
                                                      § 73.182 Engineering standards of                       class.                                                 standard for such station with respect to
                                                      allocation.                                                (3) Class C stations operate on local               interference from each other station.
                                                                                                              channels, normally rendering primary                      (c) All classes of AM broadcast
                                                         (a) Sections 73.21 to 73.37, inclusive,                                                                     stations have in general three types of
                                                                                                              service to a community and the
                                                      govern allocation of facilities in the AM                                                                      service areas, i.e., primary, secondary
                                                                                                              suburban or rural areas immediately
                                                      broadcast band 535–1705 kHz. § 73.21                                                                           and intermittent. (See § 73.14 for the
                                                                                                              contiguous thereto, with powers not less
                                                      establishes three classes of channels in                than 0.25 kW or greater than 1 kW,                     definitions of primary, secondary and
                                                      this band, namely, clear, regional and                  except as provided in § 73.21(c)(1). Such              intermittent service areas.) All classes of
                                                      local. The classes and power of AM                      stations are normally protected to the                 AM stations render service to a primary
                                                      broadcast stations which will be                        daytime 2.0 mV/m contour. On local                     area but the secondary and intermittent
                                                      assigned to the various channels are set                channels the separation required for the               service areas may be materially limited
                                                      forth in § 73.21. The classifications of                daytime protection shall also determine                or destroyed due to interference from
                                                      the AM broadcast stations are as                        the nighttime separation. Where                        other stations, depending on the station
                                                      follows:                                                directional antennas are employed                      assignments involved.
                                                         (1) Class A stations operate on clear                daytime by Class C stations operating                     (d) The groundwave signal strength
                                                      channels with powers between 10 kW                      with power equal to or greater than 0.25               required to render primary service is 2
                                                      and 50 kW. These stations are designed                  kW, the separations required shall in no               mV/m for communities with
                                                      to render primary service over a large                  case be less than those necessary to                   populations of 2,500 or more and 0.5
                                                      area protected from objectionable                       afford protection assuming                             mV/m for communities with
                                                      interference from other stations on the                 nondirectional operation with power of                 populations of less than 2,500. Because
                                                      same and adjacent channels. Class A                     0.25 kW. In no case will nighttime                     only Class A stations have protected
                                                      stations may be divided into two                        power of 0.25 kW or greater be                         primary service extending beyond the 2
                                                      groups: Those located in any of the                     authorized to a station unable to operate              mV/m contour, the groundwave signal
                                                      conterminous United States and those                    nondirectionally with power of 0.25 kW                 strength constituting primary service for
                                                      located in Alaska.                                      during daytime hours. The actual                       Class A stations is that set forth in
                                                         (i) Class A stations in the                          nighttime limitation will be calculated.               paragraphs (a)(1)(i) and (ii) of this
                                                      conterminous United States operate on                   For nighttime protection purposes, Class               section. See § 73.184 for curves showing
                                                      the channels assigned by § 73.25 with                   C stations in the 48 conterminous                      distance to various groundwave field
                                                      minimum power of 10 kW, maximum                         United States may assume that stations                 strength contours for different
                                                      power of 50 kW, and minimum antenna                     in Alaska, Hawaii, Puerto Rico, and the                frequencies and ground conductivities,
                                                      efficiency of 275 mV/m/kW at 1                          U.S. Virgin Islands operating on 1230,                 and also see § 73.183, ‘‘Groundwave
                                                      kilometer. The Class A stations in this                 1240, 1340, 1400, 1450, and 1490 kHz                   signals.’’
                                                      group are afforded protection, both                     are Class C stations.                                     (e) A Class C station may be
                                                      daytime and nighttime, to the 0.1                          (4) Class D stations operate on clear               authorized to operate with a directional
                                                      mV/m groundwave contour from other                      and regional channels with daytime                     antenna during daytime hours providing
                                                      stations on the same channel, and are                   powers of not less than 0.25 kW (or                    the power is at least 0.25 kW. In
                                                      afforded both daytime and nighttime                     equivalent RMS field of 107.5 mV/m at                  computing the degrees of protection
                                                      protection to the 0.5 mV/m groundwave                   1 kilometer if less than 0.25 kW) and not              which such antenna will afford, the
                                                      contour from other stations on first                    more than 50 kW. Class D stations that                 radiation produced by the directional
                                                      adjacent channels.                                      have previously received nighttime                     antenna system will be assumed to be
                                                         (ii) Class A stations in Alaska operate              authority to operate with powers of less               no less, in any direction, than that
                                                      on the channels assigned by § 73.25                     0.25 kW (or equivalent RMS fields of                   which would result from non-
                                                      with minimum power of 10 kW,                            less than 107.5 mV/m at 1 kilometer) are               directional operation using a single
                                                      maximum power of 50 kW, and                             not required to provide nighttime                      element of the directional array, with
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      minimum antenna efficiency of 215                       coverage in accordance with § 73.24(i)                 0.25 kW.
                                                      mV/m/kW at 1 kilometer. The Class A                     and are not protected from interference                   (f) All classes of broadcast stations
                                                      stations in this group are afforded                     during nighttime hours. Such nighttime                 have primary service areas subject to
                                                      protection, both daytime and nighttime,                 authority is permitted on the basis of                 limitation by fading and noise, and
                                                      to the 0.1 mV/m groundwave contour                      full nighttime protection being afforded               interference from other stations to the
                                                      from other stations on the same channel                 to all Class A and Class B stations.                   contours set out for each class of station.
                                                      and to the 0.5 mV/m groundwave                             Note to paragraph (a): See                             (g) Broadcast stations are licensed to
                                                      contour from other stations on first                    §§ 73.21(b)(1) and 73.26(b) concerning                 operate unlimited time, limited time,
                                                      adjacent channels.                                      power restrictions and classifications                 daytime, share time, and specified


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                                                                                      Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules                                                                                2829

                                                      hours. (See §§ 73.1710, 73.1725,                                            decrease in the calculated RSS value of                                     studies, resulting in an RSS value of
                                                      73.1720, 73.1715, and 73.1730.)                                             interference. In order to provide the                                       1.47 mV/m. However, if the proposed
                                                      Applications for new stations shall                                         Commission with more realistic                                              station is ultimately authorized, only
                                                      specify unlimited time operation only.                                      information regarding gains and losses                                      No. 1 and the new signal are included
                                                         (h) Section 73.24 sets out the general                                   in service (as a basis for determination                                    in all subsequent calculations for the
                                                      requirements for modifying the facilities                                   of the relative merits of a proposed                                        reason that Nos. 2 and 3 are less than
                                                      of a licensed station and for establishing                                  operation) the following alternate                                          50% of 1.21 mV/m, the RSS value of the
                                                      a new station. Sections 73.24(b) and                                        method for calculating the proposed                                         new signal and No. 1.
                                                      73.37 include interference related                                          RSS values of interference will be                                             (iii) Station A receives interferences
                                                      provisions that be considered in                                            employed wherever applicable.                                               from:
                                                      connection with an application to                                              (4) In cases where it is proposed to
                                                      modify the facilities of an existing                                        add a new interfering signal which is                                          Station No. 1—1.00 mV/m.
                                                      station or to establish a new station.                                      not less than 50% of the RSS value of                                          Station No. 2—0.60 mV/m.
                                                      Section 73.30 describes the procedural                                      interference from existing stations or                                         Station No. 3—0.59 mV/m.
                                                      steps required to receive an                                                which is greater than the smallest signal
                                                      authorization to operate in the 1605–                                       already included to obtain this RSS                                            No. 1 proposes to increase the
                                                      1705 kHz band.                                                              value, the RSS limitation after addition                                    limitation it imposes on Station A to
                                                         (i) Objectionable nighttime                                              of the new signal shall be calculated                                       1.21 mV/m. Although the limitations
                                                      interference from a broadcast station                                       without excluding any signal previously                                     from stations Nos. 2 and 3 are less than
                                                      occurs when, at a specified field                                           included. Similarly, in cases where it is                                   50% of the 1.21 mV/m limitation, under
                                                      strength contour with respect to the                                        proposed to increase the value of one of                                    the above provision they are
                                                      desired station, the field strength of an                                   the existing interfering signals which                                      nevertheless included for comparative
                                                      undesired co-channel station exceeds                                        has been included in the RSS value, the                                     studies, and the RSS limitation is
                                                      for 10% or more of the time the values                                      RSS limitation after the increase shall be                                  calculated to be 1.47 mV/m. However, if
                                                      set forth in these standards. The value                                     calculated without excluding the                                            the increase proposed by Station No. 1
                                                      derived from the root-sum-square of all                                     interference from any source previously                                     is authorized, the RSS value then
                                                      interference contributions represents the                                   included.                                                                   calculated is 1.21 mV/m because
                                                      extent of a station’s interference-free                                        (5) If the new or increased signal                                       Stations Nos. 2 and 3 are excluded in
                                                      coverage.                                                                   proposed in such cases is ultimately                                        view of the fact that the limitations they
                                                         (1) With respect to the root-sum-                                        authorized, the RSS values of                                               impose are less than 50% of 1.21 mV/
                                                      square (RSS) values of interfering field                                    interference to other stations affected                                     m.
                                                      strengths referred to in this section,                                      will thereafter be calculated by the 50%                                       (j) Objectionable nighttime
                                                      calculation of nighttime interference-                                      Exclusion Method without regard to this                                     interference from a station shall be
                                                      free service is accomplished by                                             alternate method of calculation.                                            considered to exist to a station when, at
                                                      considering co-channel signals in order                                        (6) Examples of RSS interference                                         the field strength contour specified in
                                                      of decreasing magnitude, adding the                                         calculations:                                                               paragraph (o) of this section with
                                                      squares of the values and extracting the                                       (i) Existing interferences:                                              respect to the class to which the station
                                                      square root of the sum, excluding those                                        Station No. 1—1.00 mV/m.                                                 belongs, the field strength of an
                                                      signals which are less than 50% of the                                         Station No. 2—0.60 mV/m.                                                 interfering station operating on the same
                                                      RSS values of the higher signals already                                       Station No. 3—0.59 mV/m.                                                 channel exceeds for 10% or more of the
                                                      included. This is known as the ‘‘50%                                           Station No. 4—0.58 mV/m.                                                 time the value of the permissible
                                                      Exclusion Method.’’                                                            The RSS value from Nos. 1, 2 and 3                                       interfering signal set forth opposite such
                                                         (2) The RSS value will not be                                            is 1.31 mV/m; therefore interference                                        class in paragraph (o) of this section.
                                                      considered to be increased when a new                                       from No. 4 is excluded for it is less than
                                                      interfering signal is added which is less                                   50% of 1.31 mV/m.                                                              (k) For the purpose of estimating the
                                                      than the appropriate exclusion                                                 (ii) Station A receives interferences                                    coverage and the interfering effects of
                                                      percentage as applied to the RSS value                                      from:                                                                       stations in the absence of field strength
                                                      of the interference from existing                                              Station No. 1—1.00 mV/m.                                                 measurements, use shall be made of
                                                      stations, and which at the same time is                                        Station No. 2—0.60 mV/m.                                                 Figure 8 of § 73.190, which describes
                                                      not greater than the smallest signal                                           Station No. 3—0.59 mV/m.                                                 the estimated effective field (for 1 kW
                                                      included in the RSS value of                                                   It is proposed to add a new limitation,                                  power input) of simple vertical
                                                      interference from existing stations.                                        0.68 mV/m. This is more than 50% of                                         omnidirectional antennas of various
                                                         (3) It is recognized that application of                                 1.31 mV/m, the RSS value from Nos. 1,                                       heights with ground systems having at
                                                      the 50% Exclusion Method for                                                2 and 3. The RSS value of Station No.                                       least 120 quarter-wavelength radials.
                                                      calculating the RSS interference may                                        1 and of the proposed station would be                                      Certain approximations, based on the
                                                      result in some cases in anomalies                                           1.21 mV/m which is more than twice as                                       curve or other appropriate theory, may
                                                      wherein the addition of a new                                               large as the limitation from Station No.                                    be made when other than such antennas
                                                      interfering signal or the increase in                                       2 or No. 3. However, under the above                                        and ground systems are employed, but
                                                      value of an existing interfering signal                                     provision the new signal and the three                                      in any event the effective field to be
                                                      will cause the exclusion of a previously                                    existing interferences are nevertheless                                     employed shall not be less than the
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                                                      included signal and may cause a                                             calculated for purposes of comparative                                      following:

                                                                                                                                                                                                                                   Effective field
                                                                                                                        Class of station                                                                                             (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.




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                                                      2830                             Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules

                                                         Note (1) to paragraph (k): When a                                          from stations on the same or adjacent                                          field strength for stations on a single
                                                      directional antenna is employed, the radiated                                 channels shall be determined by actual                                         signal or an RSS basis, Formula 2 in
                                                      signal of a broadcasting station will vary in                                 measurements made in accordance with                                           § 73.190 shall be used.
                                                      strength in different directions, possibly                                    the method described in § 73.186, or in
                                                      being greater than the above values in certain                                                                                                                  (3) Determination of angles of
                                                      directions and less in other directions
                                                                                                                                    the absence of such measurements, by                                           departure. In calculating skywave field
                                                      depending upon the design and adjustment                                      reference to the propagation curves of                                         strength for stations on all channels, the
                                                      of the directional antenna system. To                                         § 73.184. The existence or absence of                                          pertinent vertical angle shall be
                                                      determine the interference in any direction,                                  objectionable interference due to                                              determined by use of the formula in
                                                      the measured or calculated radiated field                                     skywave propagation shall be                                                   § 73.190(d).
                                                      (unattenuated field strength at 1 kilometer                                   determined by reference to Formula 2 in
                                                      from the array) must be used in conjunction
                                                                                                                                                                                                                      (n) The distance to any specified
                                                                                                                                    § 73.190.
                                                      with the appropriate propagation curves. (See                                    (m) Computation of skywave field                                            groundwave field strength contour for
                                                      § 73.185 for further discussion and solution                                  strength values:                                                               any frequency may be determined from
                                                      of a typical directional antenna case.)                                          (1) Fifty percent skywave field                                             the appropriate curves in § 73.184
                                                                                                                                    strength values. To compute fifty                                              entitled ‘‘Ground Wave Field Strength
                                                        Note (2) to paragraph (k): For Class B                                                                                                                     vs. Distance.’’
                                                      stations in Alaska, Hawaii, Puerto Rico, and                                  percent skywave field strength values,
                                                      the U.S. Virgin Islands, 180 mV/m shall be                                    Formula 1 of § 73.190, entitled                                                   (o) Normally protected service
                                                      used.                                                                         ‘‘Skywave field strength, 50% of the                                           contours and permissible interference
                                                                                                                                    time (at SS+6)’’ shall be used.                                                signals for broadcast stations are as
                                                        (l) The existence or absence of                                                (2) Ten percent skywave field strength                                      follows (for Class A stations, see also
                                                      objectionable groundwave interference                                         values. In computing the 10% skywave                                           paragraph (a) of this section):

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

                                                      A .................................     Clear .........................        SC 100 ......................          SC 100 ......................          SC    5 ..........................   SC 5.1
                                                                                                                                     AC 500 ......................          AC 500 ......................          AC    500 ......................     AC 500.1
                                                      B .................................     Clear .........................        2000 ..........................        2000 ..........................        SC    100 ......................     25.2
                                                                                              Regional ....................          ...................................    ...................................    AC    2000 ....................      Not presc.
                                                      C .................................     Local .........................        2000 ..........................        Not presc 3 ................           SC    100 ......................     Not presc.
                                                      D .................................     Clear .........................        2000 ..........................        Not presc ..................           SC    100 ......................     Not presc.
                                                                                              Regional ....................          ...................................    ...................................    AC    2000 ....................      Not presc.
                                                         1 Groundwave.
                                                         2 Skywavefield 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.


                                                        (p) The following table of logarithmic                                      ratio of the field strength of a desired to                                    contours specified in paragraph (q) of
                                                      expressions is to be used as required for                                     an undesired signal. This table shall be                                       this section.
                                                      determining the minimum permissible                                           used in conjunction with the protected

                                                                                                                                                                                                                                              Desired Groundwave to:
                                                                                                   Frequency separation of desired to undesired signals
                                                                                                                                                                                                                                            Undesired            Undesired
                                                                                                                         (kHz)                                                                                                             groundwave          10% Skywave
                                                                                                                                                                                                                                               (dB)                (dB)

                                                      0 ...............................................................................................................................................................................                   26            26
                                                      10 .............................................................................................................................................................................                     0             0



                                                        (q) Two stations, one with a frequency                                      the intermediate frequency of such                                               Note to paragraph (r): Two stations are
                                                      twice of the other, should not be                                             receivers, the Commission, in general,                                         considered to be operated synchronously
                                                      assigned in the same groundwave                                               will not take this kind of interference                                        when the carriers are maintained within 0.2
                                                      service area unless special precautions                                       into consideration when authorizing                                            Hz of each other and they transmit identical
                                                      are taken to avoid interference from the                                      stations.                                                                      programs.
                                                      second harmonic of the station                                                   (r) The groundwave service of two
                                                      operating on the lower frequency.                                             stations operating with synchronized                                           § 73.187         [Removed]
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                                                      Additionally, in selecting a frequency,                                       carriers and broadcasting identical                                            ■   9. Remove § 73.187.
                                                      consideration should be given to the fact                                     programs will be subject to some
                                                      that occasionally the frequency                                               distortion in areas where the signals                                          PART 74—EXPERIMENTAL RADIO,
                                                      assignment of two stations in the same                                        from the two stations are of comparable                                        AUXILIARY, SPECIAL BROADCAST
                                                      area may bear such a relation to the                                          strength. For the purpose of estimating                                        AND OTHER PROGRAM
                                                      intermediate frequency of some                                                coverage of such stations, areas in                                            DISTRIBUTIONAL SERVICES
                                                      broadcast receivers as to cause ‘‘image’’                                     which the signal ratio is between 1:2
                                                      interference, However, since this can                                         and 2:1 will not be considered as                                              ■ 10. The authority citation for part 74
                                                      usually be rectified by readjustment of                                       receiving satisfactory service.                                                continues to read as follows:


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                                                                             Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Proposed Rules                                            2831

                                                        Authority: 47 U.S.C. 154, 302a, 303, 307,             sea, i.e. mothership and catcher/                      to OMB by email to OIRA_Submission@
                                                      309, 336 and 554.                                       processor vessels, and Shorebased                      omb.eop.gov or fax to (202) 395–7285.
                                                      ■ 11. In § 74.1201, revise paragraph (g)                Individual Fishery Quota Program (IFQ)                 SUPPLEMENTARY INFORMATION:
                                                      to read as follows:                                     first receivers. For motherships and
                                                                                                              catcher/processors that weigh fish at                  Motherships and Catcher/Processors
                                                      § 74.1201   Definitions.                                sea, the proposed action would require                    An at-sea scale program was
                                                      *      *     *     *    *                               the use of updated scale technology,                   developed for the Alaska groundfish
                                                         (g) Translator coverage contour. For a               require enhanced daily scale testing for               fishery in 1998 to provide catch
                                                      fill-in FM translator rebroadcasting an                 flow scales (also known as belt scales),               accounting that was more precise and
                                                      FM radio broadcast station as its                       and require the use of video to monitor                verifiable at the individual haul level
                                                      primary station, the FM translator’s                    the flow scale and the area around the                 and less dependent on estimates
                                                      coverage contour must be contained                      flow scale. For Shorebased IFQ first                   generated by at-sea observers (February
                                                      within the primary station’s coverage                   receivers, the proposed action would                   4, 1998; 63 FR 5836). The at-sea scale
                                                      contour. For purposes of this rule                      add criteria for inseason flow scale tests.            program supported implementation of a
                                                      section, the coverage contour of the FM                 In addition, the action includes                       large-scale quota share program that
                                                      translator has the same field strength                  housekeeping changes that are intended                 required verifiable and defensible
                                                      value as the protected contour of the                   to better align the regulations with                   estimates of harvest. Since
                                                      primary FM station (i.e., for a                         defined terms, and to provide clarity                  implemenation of those weighing
                                                      commercial Class B FM station it is the                 and consistency between paragraphs.                    requirements in 1998, at-sea scales have
                                                      predicted 0.5 mV/m field strength                       Action is needed to provide precise and                been used to provide reliable, precise
                                                      contour, for a commercial Class B1 FM                   accurate catch estimates and to reduce                 and accurate estimates of catch in the
                                                      station it is the predicted 0.7 mV/m                    the likelihood that vessels will under                 Alaskan groundfish fisheries. At the
                                                      field strength contour, and for all other               report harvests.                                       same time, scale technology has evolved
                                                      classes of FM stations it is the predicted                                                                     and NMFS has developed greater
                                                                                                              DATES: Comments on this proposed rule
                                                      1 mV/m field strength contour). The                                                                            expertise in monitoring processing
                                                                                                              must be received by February 18, 2016.                 activity.
                                                      coverage contour of an FM translator
                                                      rebroadcasting an AM radio broadcast                    ADDRESSES: You may submit comments                        Recent fraud on some vessels was
                                                      station as its primary station must be                  on this document, identified by NOAA–                  found to have resulted in systematic
                                                      contained within the greater of either                  NMFS–2015–0150, by any of the                          underestimates of scale weights used for
                                                      the 2 mV/m daytime contour of the AM                    following methods:                                     catch accounting. As a result, at-sea
                                                      station or a 25-mile (40 km) radius                        • Electronic Submissions: Submit all                flow scale regulations for the Alaska
                                                      centered at the AM transmitter site, but                electronic public comments via the                     Region at 50 CFR 679.28 were revised
                                                      the translator’s 1 mV/m coverage                        Federal e-Rulemaking Portal. Go to                     on December 18, 2014 (November 18,
                                                      contour may not extend beyond a 40-                     www.regulations.gov/                                   2014; 79 FR 68610) to improve scale
                                                      mile (64 km) radius centered at the AM                  #!docketDetail;D=NOAA-NMFS-2015-                       accuracy and reduce bias. Revisions to
                                                      transmitter site. The protected contour                 0150, click the ‘‘Comment Now!’’ icon,                 the Alaska regulations included a suite
                                                      for an FM translator station is its                     complete the required fields, and enter                of modifications to the at-sea scales
                                                      predicted 1 mV/m contour.                               or attach your comments.                               program that included the use of flow
                                                                                                                 • Mail: William W. Stelle, Jr.,                     scales capable of logging and printing
                                                      *      *     *     *    *                                                                                      the frequency and magnitude of scale
                                                      [FR Doc. 2015–31949 Filed 1–15–16; 8:45 am]             Regional Administrator, West Coast
                                                                                                              Region, NMFS, 7600 Sand Point Way                      calibrations relative to previous
                                                      BILLING CODE 6712–01–P
                                                                                                                                                                     calibrations as well as the time and date
                                                                                                              NE., Seattle, WA 98115–0070; Attn:
                                                                                                                                                                     of each scale fault (or error) and scale
                                                                                                              Becky Renko.
                                                                                                                                                                     startup time; revised daily scale test
                                                      DEPARTMENT OF COMMERCE                                     Instructions: Comments sent by any                  methods; and new requirements for
                                                                                                              other method, to any other address or                  video monitoring.
                                                      National Oceanic and Atmospheric                        individual, or received after the end of                  In 2011, a trawl rationalization
                                                      Administration                                          the comment period, may not be                         program was implemented for the
                                                                                                              considered by NMFS. All comments                       Pacific Coast groundfish fishery which
                                                      50 CFR Part 660                                         received are a part of the public record               included scale requirements specified in
                                                      [Docket No. 151005920–5999–01]
                                                                                                              and will generally be posted for public                regulation at § 660.15(b) (December 15,
                                                                                                              viewing on www.regulations.gov                         2010; 75 FR 78344). These regulations
                                                      RIN 0648–BF39                                           without change. All personal identifying               require mothership and catcher/
                                                                                                              information (e.g., name, address, etc.),               processor vessels to use scales certified
                                                      Fisheries Off West Coast States;                        confidential business information, or                  for the Alaska groundfish fisheries.
                                                      Pacific Coast Groundfish Fishery                        otherwise sensitive information                        Modifying the Pacific Coast groundfish
                                                      Management Plan; Trawl                                  submitted voluntarily by the sender will               fishery regulations to be consistent with
                                                      Rationalization Program; Flow Scale                     be publicly accessible. NMFS will                      the Alaska Region’s 2014 regulation
                                                      Requirements                                            accept anonymous comments (enter ‘‘N/                  updates would bring the regulations up
                                                      AGENCY:  National Marine Fisheries                      A’’ in the required fields if you wish to              to date with current technology, reduce
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Service (NMFS), National Oceanic and                    remain anonymous).                                     the potential for scale tampering, and
                                                      Atmospheric Administration (NOAA),                         Written comments regarding the                      improve catch accounting accuracy.
                                                      Commerce.                                               burden-hour estimates or other aspects                 Catch estimates based on inaccurate
                                                      ACTION: Proposed rule; request for                      of the collection-of-information                       scale weights could systematically
                                                      comments.                                               requirements contained in this proposed                underestimate harvests. Given the
                                                                                                              rule may be submitted to William W.                    importance of using accurate and
                                                      SUMMARY:   This proposed rule would                     Stelle Jr., Regional Administrator, West               reliable catch accounting data for
                                                      revise scale requirements for processing                Coast Region NMFS, 7600 Sand Point                     management of the groundfish stocks,
                                                      vessels that are required to weigh fish at              Way NE., Seattle, WA 98115–0070 and                    NMFS is proposing revisions consistent


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Document Created: 2016-01-16 01:11:20
Document Modified: 2016-01-16 01:11:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments may be filed on or before March 21, 2016 and reply comments may be filed on or before April 18, 2016. Written comments on the Paperwork Reduction Act proposed information collection requirements must be submitted by the public, Office of Management and Budget (OMB), and other interested parties on or before March 21, 2016.
ContactPeter Doyle, Chief, Media Bureau, Audio Division, (202) 418-2700; Thomas Nessinger, Senior Counsel, Media Bureau, Audio Division, (202) 418-2700. For additional information concerning the Paperwork Reduction Act (PRA) information collection requirements contained in this document, contact Cathy Williams at 202- 418-2918, or via the Internet at [email protected]
FR Citation81 FR 2818 
CFR Citation47 CFR 73
47 CFR 74

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