83 FR 25949 - Revitalization of the AM Radio Service

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 108 (June 5, 2018)

Page Range		25949-25950
FR Document		2018-11965

This document denies the Petition for Reconsideration of the Second Report and Order in this proceeding, filed by Prometheus Radio Project (Prometheus) on April 10, 2017. This document dismisses as moot the Petition for Emergency Partial Stay and Processing Freeze Pending Review of Petition for Reconsideration filed by Prometheus April 3, 2017, and the Motion for Extension of Time filed by Prometheus May 11, 2017.

Federal Register, Volume 83 Issue 108 (Tuesday, June 5, 2018)

[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Rules and Regulations]
[Pages 25949-25950]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11965]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 13-249; FCC 18-64]


Revitalization of the AM Radio Service

AGENCY: Federal Communications Commission.

ACTION: Denial of petition for reconsideration; dismissal of petition 
for emergency partial stay and processing freeze pending review of 
petition for reconsideration and motion for extension of time.

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SUMMARY: This document denies the Petition for Reconsideration of the 
Second Report and Order in this proceeding, filed by Prometheus Radio 
Project (Prometheus) on April 10, 2017. This document dismisses as moot 
the Petition for Emergency Partial Stay and Processing Freeze Pending 
Review of Petition for Reconsideration filed by Prometheus April 3, 
2017, and the Motion for Extension of Time filed by Prometheus May 11, 
2017.

DATES: June 5, 2018.

ADDRESSES: Federal Communications Commission, 445 12th Street SW, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Albert Shuldiner, Chief, Media Bureau, 
Audio Division, (202) 418-2700 or [email protected]; Thomas 
Nessinger, Senior Counsel, Media Bureau, Audio Division, (202) 418-2700 
or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
on Reconsideration, MB Docket No. 13-249, FCC 18-64, adopted on May 21, 
2018, and released on May 22, 2018. The full text of this document is 
available for public inspection and copying during regular business 
hours in the FCC Reference Center, Federal Communications Commission, 
445 12th Street SW, Washington, DC 20554. This document will also be 
available via ECFS at https://www.fcc.gov/ecfs/. Documents will be 
available electronically in ASCII, Microsoft Word, and/or Adobe 
Acrobat. Copies of the materials can be obtained from the FCC's 
Reference Information Center at (202) 418-0270. Alternative formats are 
available for people with disabilities (Braille, large print, 
electronic files, audio format), by sending an email to [email protected] 
or calling the Commission's Consumer and Governmental Affairs Bureau at 
(202) 418-0530 (voice), (202) 418-0432 (TTY). This document is not 
subject to the Congressional Review Act. The Commission is, therefore, 
not required to submit a copy of this Order on Reconsideration to the 
General Accounting Office pursuant to the Congressional Review Act, see 
5 U.S.C. 801(a)(1)(A), because the Petition for Reconsideration was 
denied and the Petition for Emergency Stay and Motion for Extension of 
Time were dismissed as moot.
    The Commission rejected Prometheus's contentions that the 
Commission's decision not to adopt a proposed distance limit for siting 
cross-service FM translator stations (translators re-broadcasting AM 
station signals) was not a logical outgrowth of the proposed rule and 
was arbitrary and capricious. It found that the decision not to adopt 
the proposed 40-mile limit was reasonably foreseeable, especially given 
that commenters had proposed omitting the 40-mile limit and that 
Prometheus had access to those comments. The Commission further found 
that its actions were not arbitrary and capricious, finding that 
Prometheus's contentions do not raise legitimate concerns and are at 
best speculative. Prometheus did not provide evidence that omission of 
a distance limit encourages translators to ``box in'' incumbent low-
power FM (LPFM) stations, restricting their ability to change sites. 
Additionally, the

[[Page 25950]]

Commission rejected Prometheus's argument that its final rule violated 
the Local Community Radio Act of 2010 (LCRA), in part because the LCRA 
does not mandate that the Commission prefer LPFM stations over FM 
translators. To the extent the LCRA obliges the Commission to consider 
local community needs, the Commission has stated that FM translators 
and LPFM stations both serve community needs in different ways, and 
that giving AM stations more flexibility in siting fill-in cross-
service translators, without a set distance limit, was in the public 
interest, as it allows an AM station to improve its program service to 
listeners in the local communities within its primary service contour. 
The Commission finally rejected Prometheus's argument that the 
Commission falsely equated the LPFM service with local commercial AM 
broadcasters, because the amended rule benefits both commercial and 
noncommercial AM stations.

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2018-11965 Filed 6-4-18; 8:45 am]
BILLING CODE 6712-01-P

Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Rules and Regulations 25949

HCPCS codes K0856 and K0861, which The updated Required Prior Audio Division, (202) 418–2700 or
we placed on the Required Prior Authorization list is available in the Albert.Shuldiner@fcc.gov; Thomas
Authorization List in a December 21, download section of the following CMS Nessinger, Senior Counsel, Media
2016 notice (81 FR 93636), will website: https://www.cms.gov/Research- Bureau, Audio Division, (202) 418–2700
continue to be subject to the Statistics-Data-and-Systems/Monitoring- or Thomas.Nessinger@fcc.gov.
requirements of prior authorization as Programs/Medicare-FFS-Compliance- SUPPLEMENTARY INFORMATION: This is a
well. Programs/DMEPOS/Prior- summary of the Commission’s Order on
Although the PMD demonstration’s Authorization-Process-for-Certain- Reconsideration, MB Docket No. 13–
prior authorization process is similar to Durable-Medical-Equipment-Prosthetic- 249, FCC 18–64, adopted on May 21,
the process used for those items on the Orthotics-Supplies-Items.html. We will 2018, and released on May 22, 2018.
Required Prior Authorization List, some post additional educational resources to The full text of this document is
differences do exist. In particular, items the website. available for public inspection and
on the Required Prior Authorization List copying during regular business hours
require prior authorization as a III. Collection of Information
Requirements in the FCC Reference Center, Federal
condition of payment. As such, lack of Communications Commission, 445 12th
a provisionally affirmed prior This notice announces the addition of Street SW, Washington, DC 20554. This
authorization request will result in a DMEPOS items on the Required Prior document will also be available via
claim denial. Under the PMD Authorization List and does not impose ECFS at https://www.fcc.gov/ecfs/.
demonstration, requesting prior any new information collection burden Documents will be available
authorization is optional, and claims under the Paperwork Reduction Act of electronically in ASCII, Microsoft Word,
submitted for payment without an 1995. However, there is an information and/or Adobe Acrobat. Copies of the
associated prior authorization decision collection burden associated with this materials can be obtained from the
are subject to prepayment review and program that is currently approved FCC’s Reference Information Center at
assessed a 25-percent reduction in under OMB control number 0938–1293 (202) 418–0270. Alternative formats are
Medicare payment if found payable. which expires February 28, 2019. available for people with disabilities
Additionally, under the PMD Dated: May 14, 2018. (Braille, large print, electronic files,
demonstration, physicians/treating
Seema Verma, audio format), by sending an email to
practitioners may submit prior
Administrator, Centers for Medicare & fcc504@fcc.gov or calling the
authorization requests and are eligible
to bill HCPCS code G9156 for an Medicaid Services. Commission’s Consumer and
incentive payment. This process is not [FR Doc. 2018–11953 Filed 6–1–18; 4:15 pm] Governmental Affairs Bureau at (202)
available for items on the Required Prior BILLING CODE 4120–01–P 418–0530 (voice), (202) 418–0432
Authorization List. (TTY). This document is not subject to
Prior to furnishing the item to the the Congressional Review Act. The
beneficiary and prior to submitting the FEDERAL COMMUNICATIONS Commission is, therefore, not required
claim for processing, a requester must COMMISSION to submit a copy of this Order on
submit a prior authorization request that Reconsideration to the General
includes evidence that the item 47 CFR Part 73 Accounting Office pursuant to the
complies with all applicable Medicare Congressional Review Act, see 5 U.S.C.
[MB Docket No. 13–249; FCC 18–64]
coverage, coding, and payment rules. 801(a)(1)(A), because the Petition for
Consistent with § 414.234(d), such Revitalization of the AM Radio Service Reconsideration was denied and the
evidence must include the order, Petition for Emergency Stay and Motion
relevant information from the AGENCY: Federal Communications for Extension of Time were dismissed as
beneficiary’s medical record, and Commission. moot.
relevant supplier-produced ACTION: Denial of petition for The Commission rejected
documentation. After receipt of all reconsideration; dismissal of petition for Prometheus’s contentions that the
applicable required Medicare emergency partial stay and processing Commission’s decision not to adopt a
documentation, CMS or one of its freeze pending review of petition for proposed distance limit for siting cross-
review contractors will conduct a reconsideration and motion for service FM translator stations
medical review and communicate a extension of time. (translators re-broadcasting AM station
decision that provisionally affirms or signals) was not a logical outgrowth of
SUMMARY: This document denies the the proposed rule and was arbitrary and
non-affirms the request.
We will issue specific prior Petition for Reconsideration of the capricious. It found that the decision
authorization guidance in subregulatory Second Report and Order in this not to adopt the proposed 40-mile limit
communications, including final proceeding, filed by Prometheus Radio was reasonably foreseeable, especially
timelines, which are customized for the Project (Prometheus) on April 10, 2017. given that commenters had proposed
DMEPOS items subject to prior This document dismisses as moot the omitting the 40-mile limit and that
authorization, for communicating a Petition for Emergency Partial Stay and Prometheus had access to those
provisionally affirmed or non-affirmed Processing Freeze Pending Review of comments. The Commission further
decision to the requester. In the Petition for Reconsideration filed by found that its actions were not arbitrary
December 30, 2015 final rule, to allow Prometheus April 3, 2017, and the and capricious, finding that
us to safeguard beneficiary access to Motion for Extension of Time filed by Prometheus’s contentions do not raise
care, we stated that this approach to Prometheus May 11, 2017. legitimate concerns and are at best
amozie on DSK3GDR082PROD with RULES

final timelines provides the flexibility to DATES: June 5, 2018. speculative. Prometheus did not provide
develop a process that involves fewer ADDRESSES: Federal Communications evidence that omission of a distance
days, as may be appropriate. If at any Commission, 445 12th Street SW, limit encourages translators to ‘‘box in’’
time we become aware that the prior Washington, DC 20554. incumbent low-power FM (LPFM)
authorization process is creating barriers FOR FURTHER INFORMATION CONTACT: stations, restricting their ability to
to care, we can suspend the program. Albert Shuldiner, Chief, Media Bureau, change sites. Additionally, the

VerDate Sep<11>2014 16:50 Jun 04, 2018 Jkt 244001 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\05JNR1.SGM 05JNR1

$25950 Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Rules and Regulations Commission rejected Prometheus’s different ways, and that giving AM service with local commercial AM argument that its final rule violated the stations more flexibility in siting fill-in broadcasters, because the amended rule Local Community Radio Act of 2010 cross-service translators, without a set benefits both commercial and (LCRA), in part because the LCRA does distance limit, was in the public noncommercial AM stations. not mandate that the Commission prefer interest, as it allows an AM station to Federal Communications Commission. LPFM stations over FM translators. To improve its program service to listeners the extent the LCRA obliges the in the local communities within its Marlene Dortch, Commission to consider local primary service contour. The Secretary. community needs, the Commission has Commission finally rejected [FR Doc. 2018–11965 Filed 6–4–18; 8:45 am] stated that FM translators and LPFM Prometheus’s argument that the BILLING CODE 6712–01–P stations both serve community needs in Commission falsely equated the LPFM amozie on DSK3GDR082PROD with RULES VerDate Sep<11>2014 16:50 Jun 04, 2018 Jkt 244001 PO 00000 Frm 00070 Fmt 4700 Sfmt 9990 E:\FR\FM\05JNR1.SGM 05JNR1$

Document Created: 2018-11-02 11:47:00
Document Modified: 2018-11-02 11:47:00

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Denial of petition for reconsideration; dismissal of petition for emergency partial stay and processing freeze pending review of petition for reconsideration and motion for extension of time.
Dates		June 5, 2018.
Contact		Albert Shuldiner, Chief, Media Bureau, Audio Division, (202) 418-2700 or [email protected]; Thomas Nessinger, Senior Counsel, Media Bureau, Audio Division, (202) 418-2700 or [email protected]
FR Citation		83 FR 25949