[Federal Register Volume 65, Number 245 (Wednesday, December 20, 2000)]
[Rules and Regulations]
[Pages 79773-79781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32201]


=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION.

47 CFR Parts 1, 73, and 74

[MM Docket No. 98-93; FCC 00-368]


1998 Biennial Regulatory Review--Streamlining of Radio Technical 
Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document continues the Commission's wide-ranging reform 
of the Mass Media Bureau's radio technical rules. These rule 
modifications were proposed as part of a broad-based initiative, 
undertaken in conjunction with the Commission's 1998 biennial 
regulatory review, to streamline the Mass Media Bureau radio technical 
rules, and are intended to speed the introduction of new and improved 
broadcast services to the public, provide greater flexibility to 
broadcasters to improve existing services, and reduce regulatory 
burdens on applicants.

DATES: Effective January 19, 2001.

FOR FURTHER INFORMATION CONTACT: Peter H. Doyle, Audio Services 
Division, Mass Media Bureau (202) 418-2700.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order in MM Docket No. 98-93, adopted October 12, 2000, and 
released November 1, 2000. The complete text of this Second Report and 
Order is available for inspection and copying during normal business 
hours in the FCC Reference Center, on the Internet at http://www.fcc.gov/mmb/asd/welcome2.html#NEWSBOX or using the Commission's 
Electronic Document Management System (EDOCS) at http://www.fcc.gov/searchtools.html, and may be purchased from the Commission's copy 
contractor, International Transcription Service (ITS), 1231 20th 
Street, NW., Washington, DC 20036, (202) 857-3800 telephone, (202) 857-
3805 facsimile.

Summary of Second Report and Order

I. Introduction

    In this Second Report and Order, the Commission modifies the 
minimum distance separation requirements for short-spaced FM stations 
to allow short spacings of at least six kilometers for all classes of 
FM stations; permits short-spaced FM stations in Puerto Rico and the 
U.S. Virgin Islands additional site location flexibility by adopting 
the use of contour protection to determine station compliance with 
Commission rules; creates a new class of FM station, Class C0, with 
maximum permissible facilities of 100 kilowatts effective radiated 
power (ERP) and 450 meters antenna radiation center height above 
average terrain (HAAT), and specifies minimum distance separation 
requirements for this new FM class; specifies a new minimum antenna 
radiation center HAAT of 451 meters for Class C FM stations; creates a 
demand-driven procedure for reclassification to Class C0 of existing 
Class C FM stations with facilities less than 100 kilowatts ERP and 451 
meters antenna radiation center HAAT; permits certain broadcast 
stations to correct licensed transmitter site geographic coordinates 
and allows certain FM translator and FM booster stations to request a 
decrease in ERP by filing only a license application; modifies the 
second adjacent channel interference ratios for noncommercial 
educational (NCE) FM and FM translator stations; and requires NCE FM 
facilities to provide 1 mV/m (60 dB) or greater signal 
strength to at least 50 percent of the population or area within the 
station's community of license.

II. Discussion

A. FM Technical Requirements

1. Modification of Minimum Distance Separation Requirements for Short-
Spaced FM Stations
    To be considered fully spaced and to be able to use maximum 
permissible facilities for their station class, the transmitter sites 
for all non-reserved band FM stations and certain reserved band FM 
stations are required to meet the minimum distance separation 
requirements of 47 CFR 73.207. However, in order to allow site location 
flexibility, some of these FM stations are permitted to utilize short-
spaced transmitter sites, provided that the short-spaced station meets 
the less

[[Page 79774]]

restrictive minimum distance separation requirements for short-spaced 
stations contained in 47 CFR 73.215(e), and does not cause prohibited 
contour overlap to nearby co-channel or first, second, or third 
adjacent channel FM stations. In 47 CFR 73.215(e), co-channel and 
first-adjacent channel FM stations are permitted considerable short 
spacing (between 4 and 35 kilometers), while second and third-adjacent 
channel FM stations are permitted little or no short spacing (between 0 
and 10 kilometers). To allow all eligible FM stations maximum site 
location flexibility, 47 CFR 73.215(e) is modified to provide a minimum 
of six kilometers relief from the fully-spaced minimum distance 
separation requirements of 47 CFR 73.207.
2. Adoption of Contour Protection Methodology for Short-Spaced FM 
Stations in Puerto Rico and the U.S. Virgin Islands
    FM stations in Puerto Rico and the U.S. Virgin Islands may use 
short-spaced transmitter sites so long as the facilities proposed at 
the short-spaced site do not extend the predicted 1 mV/m contour of the 
station toward the 1 mV/m contour of any short-spaced station. Due to 
the varying terrain on the islands, this requirement unnecessarily 
restricts site location for many FM stations in Puerto Rico and the 
U.S. Virgin Islands. In order to allow FM stations in Puerto Rico and 
the U.S. Virgin Islands the same site location flexibility as mainland 
U.S. FM stations, 47 CFR 73.215 is modified to eliminate the provision 
prohibiting extension of the short-spaced FM station's predicted 1 mV/m 
contour toward the 1 mV/m contour of any short-spaced FM station, and 
to use the contour protection method to show that proposed facilities 
at a short-spaced site do not cause prohibited contour overlap to an 
affected short-spaced station.
3. Creation of New Class C0 FM Station Class, Modification of Minimum 
Class C FM Station Antenna Radiation Center HAAT, and Creation of a 
Procedure for Reclassification to Class C0 of Existing Substandard 
Class C FM Stations
    Class C FM stations are permitted maximum facilities of 100 
kilowatts ERP and 600 meters antenna radiation center HAAT (or the 
equivalent thereof), and are required to operate using minimum 
facilities of 100 kilowatts ERP and 300 meters antenna radiation center 
HAAT (or the equivalent thereof). The Class C FM station minimum 
distance separation requirements of 47 CFR 73.207 were derived on the 
basis of maximum permissible Class C facilities. Recent studies show 
that greater than one-half of the existing Class C FM stations operate 
with antenna radiation center HAATs between 300 meters and 450 meters, 
far less than the maximum 600 meters that is permitted for the class. 
Thus, the minimum distance separation requirements of 47 CFR 73.207 
overprotect the actual service areas of most Class C FM stations, and 
this overprotection may preclude the introduction of new and/or 
improved FM service to the public. In order to remedy this 
overprotection of existing FM Class C assignments and to allow the 
public to fully utilize scarce spectrum resources, the Commission has 
modified 47 CFR 73.211 and created a new FM station class, Class C0, 
with required minimum ERP of 100 kilowatts and allowable antenna 
radiation center HAAT of between 300 and 450 meters; and has modified 
47 CFR 73.207 to specify minimum distance separation requirements for 
the new FM station class that are less than those required for a Class 
C FM station. In concert with the creation of the new FM Class C0, the 
Commission has modified 47 CFR 73.211 and increased the minimum 
required antenna radiation center HAAT for FM Class C to 451 meters.
    Existing substandard Class C FM stations, i.e. those with antenna 
radiation center HAATs between 300 and 450 meters, will not 
automatically be reclassified to FM Class C0. Instead, as specified in 
amended 47 CFR 1.420 and 47 CFR 73.3573, reclassification of an 
existing substandard Class C FM station will be triggered only when a 
facility modification application or a petition for rule making that 
expresses a competing demand for the underutilized spectrum, and which 
demonstrates that no other FM channel is available for the proposed 
service, is filed with the Commission. Proponents of the proposed 
reclassification of the substandard Class C FM station must provide 
copies of the application or petition for rule making to the licensee 
of the affected Class C station. In addition, the Commission will 
notify the existing Class C FM station of the filing of the application 
or the petition for rule making that proposes reclassification of the 
station. The existing Class C station proposed for reclassification 
will be afforded an opportunity to retain its existing Class C status 
by notifying the Commission of its intention to file a facility 
modification application to increase its facilities to comport with the 
modified Class C requirements within 30 days of the Commission's 
notification of the proposed reclassification, and by filing the 
facility modification application within 180 days thereafter. In 
addition, the existing Class C station proposed for reclassification 
may challenge the proposed reclassification on the grounds that the 
triggering application or petition for rule making violates the 
Commission's technical rules or that there is another frequency 
available for the proposed new or improved service within 30 days of 
the Commission's notification of the proposed reclassification. If the 
licensee of the affected existing Class C station does not file a 
facility improvement application or oppose its proposed 
reclassification in the time periods allowed, the existing substandard 
Class C FM station will be reclassified to FM Class C0.

B. Streamlined Application Processing Changes

1. Correction of Transmitter Site Location Geographic Coordinates for 
Certain Licensed Stations by License Application Only
    The correction of geographic coordinates for the transmitter site 
of a licensed broadcast station currently requires the filing of a 
construction permit application and a subsequent license application to 
cover the construction permit regardless of the magnitude of the 
correction. Licensed stations proposing transmitter site geographic 
coordinate corrections of three or fewer seconds in latitude and/or 
longitude may now, pursuant to amended 47 CFR 73.1690, file only a 
license application, provided that the transmitter site location 
correction does not create a new short spacing or worsen an existing 
short spacing, and that the licensee has obtained the required Federal 
Aviation Administration clearance and Commission antenna structure 
registration for the corrected transmitter site location.
2. FM Translator Stations and FM Booster Station ERP Reductions by 
License Application Only
    A request for reduction of ERP for FM translator stations and FM 
booster stations currently requires the filing of a construction permit 
application and a subsequent license application to cover the 
construction permit. A reduction in ERP would not increase the 
potential for interference caused by an FM translator or booster 
station, and there are no principal community coverage requirements for 
FM translator and booster stations. As a result, the Commission 
modified 47 CFR 74.1204 to permit a decrease in the ERP of an FM 
translator or booster station by the

[[Page 79775]]

filing of a license application specifying the reduced ERP, provided 
that exhibits demonstrating that the following requirements are met are 
submitted with the application:
    a. The license application may not propose elimination of 
authorized horizontally polarized ERP;
    b. The height of the station's antenna radiation center is not 
increased by more than two meters nor decreased by more than four 
meters from its authorized value; and
    c. The station is not currently authorized to operate with separate 
horizontal and vertical antennas mounted at different heights on the 
supporting structure.

C. NCE FM and FM Translator Technical Requirements

1. Modification of Second-Adjacent Channel Interference Ratios for NCE 
FM and FM Translator Stations
    Currently, the second-adjacent channel interference ratio for 
short-spaced FM stations specified in 47 CFR 73.215 is 40 decibel (dB) 
higher than the protected signal strength, while the second-adjacent 
channel interference ratio for NCE FM stations, specified in 47 CFR 
73.509, and FM translator stations, specified in 47 CFR 74.1204, is 20 
dB higher than the protected signal strength. Since experience has 
proven that the 40 dB interference ratio more accurately predicts the 
areas where second-adjacent channel interference might occur within a 
station's protected contour, a 40 dB second-adjacent channel 
interference ratio is adopted for both NCE FM stations and FM 
translator stations, and 47 CFR 73.509 and 47 CFR 74.1204 are modified 
accordingly.
2. Specification of Required Principal Community Coverage for NCE FM 
Stations
    At the current time, there are no principal community coverage 
requirements for NCE FM stations. Absent such requirements, an NCE FM 
station may be licensed or relocated without any assurance that it 
would provide service to its principal community. In order to avoid 
such loss of service to the public, the Commission has adopted 47 CFR 
73.515 which requires NCE FM stations to provide a predicted 1 mV/m (60 
dB) or greater signal strength to at least 50 percent of the 
population or area within the station's principal community. This new 
NCE FM principal community coverage requirement applies not only to all 
new NCE FM applications, but also to all NCE FM applications pending at 
the Commission on the release date of this Order. NCE FM applicants 
will be permitted to file minor curative amendments to pending NCE FM 
applications to bring them into compliance with the new NCE FM 
principal community coverage requirement.

Administrative Matters

Paperwork Reduction Act of 1995 Analysis

    The action contained herein has been analyzed with respect to the 
Paperwork Reduction Act of 1995 and found to impose new or modified 
reporting and recordkeeping requirements or burdens on the public. 
Implementation of these new or modified reporting and recordkeeping 
requirements will be subject to approval by the Office of Management 
and Budget as prescribed by the Act.

Final Regulatory Flexibility Certification

    The Regulatory Flexibility Act of 1980, as amended (RFA), requires 
that a regulatory flexibility analysis be prepared for rulemaking 
proceedings, unless the agency certifies that ``the rule will not have 
a significant economic impact on a substantial number of small 
entities.'' The RFA generally defines ``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).
    In this Second Report and Order, the Commission continues its wide-
ranging radio technical streamlining initiative. The Order amends the 
commercial FM station spacing table for short-spaced assignments, 47 
CFR 73.215(e), to provide all stations with minimum relief of six 
kilometers from basic spacing requirements, 47 CFR 73.207, with respect 
to second and third adjacent channel stations. The Order also provides 
special spacing relief for FM commercial stations in Puerto Rico and 
the Virgin Islands that operate at greater than class maximums. These 
changes will give certain existing stations, including small entities, 
additional flexibility in the siting of their technical facilities and 
may facilitate station relocations to preferred sites. These rule 
changes impose no costs or reporting burdens on existing stations. 
Although impossible to predict, the Commission anticipates 
approximately 20-30 stations per year of the more than 5,000 existing 
commercial FM stations will take advantage of these changes and file 
applications to improve their technical facilities.
    The Order divides the current FM Class C into two separate classes 
based on antenna height. The Commission rejected an across-the-board 
downgrading of existing Class C stations that do not meet the new 
minimum antenna height. Instead, it adopted a procedure for limited 
downgrading only where there is a competing demand for the radio 
spectrum and the Class C station fails to modify its facilities to the 
new Class C minimum antenna height. This modification of the rule 
imposes no cost or reporting burden on existing stations. Although 
impossible to predict, the Commission anticipates that not more than 10 
stations per year will seek facility changes that require the 
downgrading of one of the approximately 500 Class C stations operating 
with antenna heights below the new class minimum.
    The Order expands the types of facility changes covered by the Mass 
Media Bureau's expedited one-step licensing procedure to include radio 
tower coordinate corrections of three or fewer seconds and FM 
translator and booster power reduction proposals. These rule changes 
impose no cost or reporting burdens on existing stations. Although 
impossible to predict, the Commission anticipates that approximately 40 
radio broadcast stations, out of approximately 12,600 radio stations 
and 4,000 FM translator stations, will benefit from the expansion of 
the one-step licensing procedure.
    Finally, the Order gives additional facility siting flexibility to 
noncommercial educational (NCE) FM stations by modifying the second-
adjacent channel interference standard to more closely conform to the 
less restrictive commercial FM standard. It also establishes, on a 
going forward basis, an NCE principal community coverage standard. 
These rule changes impose no cost or reporting burdens on existing 
stations. The change in the second adjacent channel interference 
protection standard will give certain NCE stations additional 
flexibility in locating their technical facilities. Although impossible 
to predict, the Commission anticipates that it will receive 
approximately 10-20 facility modification applications, from a total of 
over 2,500 NCE FM stations that take advantage of this increased 
technical flexibility. The establishment of an NCE FM community of 
license signal

[[Page 79776]]

coverage requirement may restrict siting options for certain stations. 
Although impossible to predict, the Commission anticipates that this 
new requirement will impact fewer than five stations per year.
    In sum, the changes we are adopting are small and will generally 
have minor, but positive, effects on radio licensees, including small 
entities that can take advantage of these streamlining rule changes. In 
addition, the number of small entities affected by these modifications 
is not substantial. As noted above, there is no economic effect on the 
vast majority of radio stations as a result of most of the rule changes 
adopted by the Commission in this Order. Only two changes could have an 
adverse economic effect on radio stations: The costs associated with a 
facility modification to preserve full Class C status; and the 
potential costs associated with restricting the location of NCE FM 
station technical facilities to those sites that would ensure adequate 
signal coverage of the station's community of license. As stated above, 
however, none of these potential economic impacts are expected to be 
significant.
    Therefore, we certify that the requirements of this Second Report 
and Order will not have a significant economic impact on a substantial 
number of small entities. The Commission will send a copy of the Second 
Report and Order, including a copy of this final certification, in a 
report to Congress pursuant to the Small Business Regulatory 
Enforcement Fairness Act of 1996. In addition, the Second Report and 
Order and this certification will be sent to the Chief Counsel for 
Advocacy of the SBA.
    Authority for issuance of the Second Report and Order is contained 
in sections 4(i), 4(j), 303, 308 and 309 of the Communications Act of 
1934, as amended, 47 U.S.C. 4(i), 4(j), 303, 308 and 309.

List of Subjects

47 CFR Part 1

    Administrative practice and procedure, Radio.

47 CFR Parts 73 and 74

    Radio.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rules Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends Parts 1, 73, and 74 of Chapter 1 of 
title 47 of the Code of Federal Regulations as follows:

PART 1--PRACTICE AND PROCEDURE

    1. The authority citation for Part 1 continues to read as follows:

    Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, 303(r), 309.

    2. Amend Sec. 1.420 as follows:
    a. Redesignate Note 1 following paragraph (g)(3) as Note 1 to 
Paragraph (g).
    b. Add Note 2 To Paragraph (g).
    c. Redesignate Note 2 following paragraph (h) to read Note 1 to 
Paragraph (h).
    The addition and revisions to Sec. 1.420 read as follows:


Sec. 1.420  Additional procedures in proceedings for amendment of the 
FM or TV Tables of Allotments.

* * * * *

    Note 2 to Paragraph (g): The reclassification of a Class C 
station in accordance with the procedure set forth in Note 4 to 
Sec. 73.3573 may be initiated through the filing of an original 
petition for amendment of the FM Table of Allotments. The Commission 
will notify the affected Class C station licensee of the proposed 
reclassification by issuing a notice of proposed rule making, except 
that where a triggering petition proposes an amendment or amendments 
to the FM Table of Allotments in addition to the proposed 
reclassification, the Commission will issue an order to show cause 
as set forth in Note 4 to Sec. 73.3573, and a notice of proposed 
rule making will be issued only after the reclassification issue is 
resolved. Triggering petitions will be dismissed upon the filing, 
rather than the grant, of an acceptable construction permit 
application to increase antenna height to at least 451 meters HAAT 
by a subject Class C station.

PART 73--RADIO BROADCAST SERVICES

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

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


    2. Amend Sec. 73.207 by revising Table A of paragraph (b)(1) to 
read as follows:


Sec. 73.207  Minimum distance separation between stations.

* * * * *
    (b) * * *
    (1) * * *

                     Table A--Minimum Distance Separation Requirements in Kilometers (miles)
----------------------------------------------------------------------------------------------------------------
             Relation                  Co-channel            200 kHz           400/600 kHz       10.6/10.8 MHz
----------------------------------------------------------------------------------------------------------------
A to A...........................  115 (71)            72 (45)             31 (19)             10 (6)
A to B1..........................  143 (89)            96 (60)             48 (30)             12 (7)
A to B...........................  178 (111)           113 (70)            69 (43)             15 (9)
A to C3..........................  142 (88)            89 (55)             42 (26)             12 (7)
A to C2..........................  166 (103)           106 (66)            55 (34)             15 (9)
A to C1..........................  200 (124)           133 (83)            75 (47)             22 (14)
A to C0..........................  215 (134)           152 (94)            86 (53)             25 (16)
A to C...........................  226 (140)           165 (103)           95 (59)             29 (18)
B1 to B1.........................  175 (109)           114 (71)            50 (31)             14 (9)
B1 to B..........................  211 (131)           145 (90)            71 (44)             17 (11)
B1 to C3.........................  175 (109)           114 (71)            50 (31)             14 (9)
B1 to C2.........................  200 (124)           134 (83)            56 (35)             17 (11)
B1 to C1.........................  233 (145)           161 (100)           77 (48)             24 (15)
B1 to C0.........................  248 (154)           180 (112)           87 (54)             27 (17)
B1 to C..........................  259 (161)           193 (120)           105 (65)            31 (19)
B to B...........................  241 (150)           169 (105)           74 (46)             20 (12)
B to C3..........................  211 (131)           145 (90)            71 (44)             17 (11)
B to C2..........................  241 (150)           169 (105)           74 (46)             20 (12)
B to C1..........................  270 (168)           195 (121)           79 (49)             27 (17)
B to C0..........................  272 (169)           214 (133)           89 (55)             31 (19)
B to C...........................  274 (170)           217 (135)           105 (65)            35 (22)
C3 to C3.........................  153 (95)            99 (62)             43 (27)             14 (9)

[[Page 79777]]

 
C3 to C2.........................  177 (110)           117 (73)            56 (35)             17 (11)
C3 to C1.........................  211 (131)           144 (90)            76 (47)             24 (15)
C3 to C0.........................  226 (140)           163 (101)           87 (54)             27 (17)
C3 to C..........................  237 (147)           176 (109)           96 (60)             31 (19)
C2 to C2.........................  190 (118)           130 (81)            58 (36)             20 (12)
C2 to C1.........................  224 (139)           158 (98)            79 (49)             27 (17)
C2 to C0.........................  239 (148)           176 (109)           89 (55)             31 (19)
C2 to C..........................  249 (155)           188 (117)           105 (65)            35 (22)
C1 to C1.........................  245 (152)           177 (110)           82 (51)             34 (21)
C1 to C0.........................  259 (161)           196 (122)           94 (58)             37 (23)
C1 to C..........................  270 (168)           209 (130)           105 (65)            41 (25)
C0 to C0.........................  270 (168)           207 (129)           96 (60)             41 (25)
C0 to C..........................  281 (175)           220 (137)           105 (65)            45 (28)
C to C...........................  290 (180)           241 (150)           105 (65)            48 (30)
----------------------------------------------------------------------------------------------------------------

* * * * *

    5. Amend Sec. 73.210 by revising paragraphs (a), (b)(3)(iv), and by 
adding paragraph (b)(3)(v) to read as follows:


Sec. 73.210  Station classes.

    (a) The rules applicable to a particular station, including minimum 
and maximum facilities requirements, are determined by its class. 
Possible class designations depend upon the zone in which the station's 
transmitter is located, or proposed to be located. The zones are 
defined in Sec. 73.205. Allotted station classes are indicated in the 
Table of Allotments, Sec. 73.202. Class A, B1 and B stations may be 
authorized in Zones I and I-A. Class A, C3, C2, C1, C0 and C stations 
may be authorized in Zone II.
    (b) * * *
    (3) * * *
    (iv) If this distance is greater than 72 km and less than or equal 
to 83 km, the station is Class C0.
    (v) If this distance is greater than 83 km and less than or equal 
to 92 km, the station is Class C.
* * * * *

    6. Amend Sec. 73.211 by revising paragraphs (a)(1)(vii), (a)(2), 
the table to (b)(1), and by adding paragraph (d) to read as follows:


Sec. 73.211  Power and antenna height requirements.

    (a) * * *
    (1) * * *
    (vii) The minimum ERP for Class C and C0 stations is 100 kW.
    (2) Class C0 stations must have an antenna height above average 
terrain (HAAT) of at least 300 meters (984 feet). Class C stations must 
have an antenna height above average terrain (HAAT) of at least 451 
meters (1480 feet).
* * * * *
    (b) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                                        Class
                                                                         Reference HAAT in  meters     contour
              Station class                        Maximum ERP                     (ft.)             distance in
                                                                                                      kilometers
----------------------------------------------------------------------------------------------------------------
A.......................................  6 kW (7.8 dBk)                100 (328)                             28
B1......................................  25 kW (14.0 dBk)              100 (328)                             39
B.......................................  50 kW (17.0 dBk)              150 (492)                             52
C3......................................  25 kW (14.0 dBk)              100 (328)                             39
C2......................................  50 kW (17.0 dBk)              150 (492)                             52
C1......................................  100 kW (20.0 dBk)             299 (981)                             72
C0......................................  100 kW (20.0 dBk)             450 (1476)                            83
C.......................................  100 kW (20.0 dBk)             600 (1968)                            92
----------------------------------------------------------------------------------------------------------------

* * * * *
    (d) Existing Class C stations below minimum antenna HAAT. Class C 
stations authorized prior to January 19, 2001 that do not meet the 
minimum antenna HAAT specified in paragraph (a)(2) of this section for 
Class C stations may continue to operate as authorized subject to the 
reclassification procedures set forth in Note 4 to Sec. 73.3573.

    7. Amend Sec. 73.215 by revising paragraphs (a)(4) and the table to 
paragraph (e) to read as follows:


Sec. 73.215  Contour protection for short-spaced assignments.

    (a) * * *
    (4) Protected and interfering contours (in dBu) for stations in 
Puerto Rico and the U.S. Virgin Islands are as follows:

[[Page 79778]]



----------------------------------------------------------------------------------------------------------------
                                                           Station with protected contour
                                   -----------------------------------------------------------------------------
 Station with interfering contour            Class A                  Class B1                   Class B
                                   -----------------------------------------------------------------------------
                                    Interfering   Protected   Interfering   Protected   Interfering   Protected
----------------------------------------------------------------------------------------------------------------
Co-Channel:
    Class A.......................           46           66           41           61           40           60
    Class B1......................           43           63           39           59           38           58
    Class B.......................           45           65           41           61           41           61
1st Adj. Channel:
    Class A.......................           61           67           56           62           59           65
    Class B1......................           57           63           54           60           54           60
    Class B.......................           62           68           56           62           57           63
2nd-3rd Adj. Channel:
    Class A.......................          107           67          100           60          104           64
    Class B1......................           99           59          100           60          104           64
    Class B.......................           94           54           94           54          104          64
----------------------------------------------------------------------------------------------------------------
 Maximum permitted facilities assumed for each station pursuant to 47 CFR 73.211(b)(3):
 6 kW ERP/240 meters HAAT--Class A
 25 kW ERP/150 meters HAAT--Class B1
 50 kW ERP/472 meters HAAT--Class B

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
               Relation                       Co- Channel                200 kHz                400/600 kHz
----------------------------------------------------------------------------------------------------------------
A to A................................  92 (57)                  49 (30)                  25 (16)
A to B1...............................  119 (74)                 72 (45)                  42 (26)
A to B................................  143 (89)                 96 (60)                  63 (39)
A to C3...............................  119 (74)                 72 (45)                  36 (22)
A to C2...............................  143 (89)                 89 (55)                  49 (30)
A to C1...............................  178 (111)                111 (69)                 69 (43)
A to C0...............................  193 (120)                130 (81)                 80 (50)
A to C................................  203 (126)                142 (88)                 89 (55)
B1 to B1..............................  143 (89)                 96 (60)                  44 (27)
B1 to B...............................  178 (111)                114 (71)                 65 (40)
B1 to C3..............................  143 (89)                 96 (60)                  44 (27)
B1 to C2..............................  175 (109)                114 (71)                 50 (31)
B1 to C1..............................  200 (124)                134 (83)                 71 (44)
B1 to C0..............................  0215 (134)               153 (95)                 81 (50)
B1 to C...............................  233 (145)                165 (103)                99 (61)
B to B................................  211 (131)                145 (90)                 68 (42)
B to C3...............................  178 (111)                114 (70)                 65 (40)
B to C2...............................  211 (131)                145 (90)                 68 (42)
B to C1...............................  241 (150)                169 (105)                73 (45)
B to C0...............................  266 (165)                195 (121)                83 (52)
B to C................................  268 (163)                195 (121)                99 (61)
C3 to C3..............................  142 (88)                 89 (55)                  37 (23)
C3 to C2..............................  166 (103)                106 (66)                 50 (31)
C3 to C1..............................  200 (124)                133 (83)                 70 (43)
C3to C0...............................  215 (134)                152 (94)                 81 (50)
C3 to C...............................  226 (140)                165 (103)                90 (56)
C2 to C2..............................  177 (110)                117 (73)                 52 (32)
C2 to C1..............................  211 (131)                144 (90)                 73 (45)
C2 to C...............................  227 (141)                163 (101)                83 (52)
C2 to C...............................  237 (147)                176 (109)                96 (61)
C1 to C1..............................  224 (139)                158 (98)                 76 (47)
C1 to C0..............................  239 (148)                176 (109)                88 (55)
C1 to C...............................  249 (155)                188 (117)                99 (61)
C0 to C0..............................  259 (161)                196 (122)                90 (56)
C0 to C...............................  270 (168)                207 (129                 99 (61)
C to C................................  270 (168)                209 (130)                99 (61)
----------------------------------------------------------------------------------------------------------------

Sec. 73.315  [Amended]

    8. Amend Sec. 73.315 by removing the note following paragraph (a).

    9. Amend Sec. 73.509 by revising the table to paragraph (a) to read 
as follows:


Sec. 73.509  Prohibited overlap.

    (a) * * *

[[Page 79779]]



----------------------------------------------------------------------------------------------------------------
         Frequency separation               Contour of proposed station           Contour of other  station
----------------------------------------------------------------------------------------------------------------
Co-channel............................  0.1mV/m (40 dBu)                     1 mV/m (60 dBu)
                                        1 mV/m (60 dBu)                      0.1 mV/m (40 dBu)
200 kHz...............................  0.5 mV/m (54 dBu)                    1 mV/m (60 dBu)
                                         1 mV/m (60 dBu)1                    0.5 mV/m (54 dBu)
400 kHz/600 kHz.......................  100 mV/m (100 dBu)                   1 mV/m (60 dBu)
                                        1 mV/m (60 dBu)                      100 mV/m (100 dBu)
----------------------------------------------------------------------------------------------------------------

* * * * *

    10. Add a new Sec. 73.515 to read as follows:


Sec. 73.515  NCE FM transmitter location.

    The transmitter location shall be chosen so that, on the basis of 
effective radiated power and antenna height above average terrain 
employed, a minimum field strength of l mV/m (60 dBu) will be provided 
over at least 50 percent of its community of license or reach 50 
percent of the population within the community.

    11. Amend Sec. 73.807 by revising the tables to paragraphs (a)(1) 
and (b)(1) to read as follows:


Sec. 73.807  Minimum distance separation between stations.

    (a) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                      Co-channel minimum       First-adjacent channel     Second-        I.F.
                                       separation (km)        minimum separation (km)     adjacent     channel
                                 ------------------------------------------------------   channel      minimum
                                                  For no                     For no       minimum    separations
Station class protected by LP100               interference               interference   separation ------------
                                                 received                   received        (km)
                                    Required     from max.     Required     from max.  -------------   10.6 or
                                                   class                      class                    10.8 MHz
                                                 facility                   facility      Required
----------------------------------------------------------------------------------------------------------------
LP100...........................           24            24           14            14         None         None
D...............................           24            24           13            13            6            3
A...............................           67            92           56            56           29            6
B1..............................           87           119           74            74           46            9
B...............................          112           143           97            97           67           12
C3..............................           78           119           67            67           40            9
C2..............................           91           143           80            84           53           12
C1..............................          111           178          100           111           73           20
C0..............................          122           193          111           130           84           22
C...............................          130           203          120           142           93           28
----------------------------------------------------------------------------------------------------------------

* * * * *
    (b) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                      Co-channel minimum       First-adjacent channel     Second-        I.F.
                                       separation (km)        minimum separation  (km)    adjacent     Channel
                                 ------------------------------------------------------   channel      minimum
                                                  For no                     For no       minimum    separations
 Station class protected by LP10               interference               interference   separation ------------
                                                 received                   received        (km)
                                    Required     from max.     Required     from max.  -------------   10.6 or
                                                   class                      class                    10.8 MHz
                                                 facility                   facility      Required
----------------------------------------------------------------------------------------------------------------
LP100...........................           16            22           10            11         None         None
LP10............................           13            13            8             8         None         None
D...............................           16            21           10            11            6            2
A...............................           59            90           53            53           29            5
B1..............................           77           117           70            70           45            8
B...............................           99           141           91            91           66           11
C3..............................           69           117           64            64           39            8
C2..............................           82           141           77            81           52           11
C1..............................          103           175           97           108           73           18
C0..............................          114           190           99           127           84           21
C...............................          122           201          116           140           92           26
----------------------------------------------------------------------------------------------------------------

* * * * *

    12. Amend Sec. 73.1690 by revising paragraph (b)(2) and by adding 
paragraph (c)(11) to read as follows:


Sec. 73.1690  Modification of transmission systems.

* * * * *
    (b) * * *
    (2) Any change in station geographic coordinates, including 
coordinate corrections of more than 3 seconds latitude and/or 3 seconds 
longitude. FM and TV directional stations must also file a construction 
permit application for any move of the antenna to another tower 
structure located at the same coordinates.
* * * * *
    (c) * * *
    (11) Correction of geographic coordinates where the change is 3

[[Page 79780]]

seconds or fewer in latitude and/or 3 seconds or fewer in longitude, 
provided there is no physical change in location and no other licensed 
parameters are changed. The correction of coordinates may not result in 
any new short spacings or increases in existing short spacings.
* * * * *

    13. Amend Sec. 73.3573 by adding Note 4 to read as follows:


Sec. 73.3573  Processing FM broadcast station applications.

* * * * *

    Note 4 To Sec. 73.3573: A Class C station operating with antenna 
height above average terrain (``HAAT'') of less than 451 meters is 
subject to reclassification as a Class C0 station upon the filing of 
a triggering application for construction permit that is short-
spaced to such a Class C station under Sec. 73.207 but would be 
fully spaced to such a station considered as a Class C0 assignment. 
Triggering applications may utilize Sec. 73.215. Triggering 
applications must certify that no alternative channel is available 
for the proposed service. Available alternative frequencies are 
limited to frequencies that the proposed service could use at the 
specified antenna location in full compliance with the distance 
separation requirements of Sec. 73.207, without any other changes to 
the FM Table of Allotments. Copies of a triggering application and 
related pleadings must be served on the licensee of the affected 
Class C station. If the staff concludes that a triggering 
application is acceptable for filing, it will issue an order to show 
cause why the affected station should not be reclassified as a Class 
C0 station The order to show cause will provide the licensee 30 days 
to express in writing an intention to seek authority to modify the 
subject station's technical facilities to minimum Class C HAAT or to 
otherwise challenge the triggering application. If no such intention 
is expressed and the triggering application is not challenged, the 
subject station will be reclassified as a Class C0 station, and 
processing of the triggering application will be completed. If an 
intention to modify is expressed, an additional 180-day period will 
be provided during which the Class C station licensee must file an 
acceptable construction permit application to increase antenna 
height to at least 451 meters HAAT. Upon grant of such a 
construction permit application, the triggering application will be 
dismissed. Class C station licensees must serve on triggering 
applicants copies of any FAA submissions related to the application 
grant process. If the construction is not completed as authorized, 
the subject Class C station will be reclassified automatically as a 
Class C0 station. The reclassification procedure also may be 
initiated through the filing of an original petition for rule making 
to amend the FM Table of Allotments as set forth in Note 2 to 
Sec. 1.420(g).


    14. Amend Sec. 73.3584 by redesignating paragraph (d) as paragraph 
(e) and by adding a new paragraph (d) to read as follows:


Sec. 73.3584  Procedure for filing petitions to deny.

* * * * *
    (d) A party in interest may file a Petition to Deny any application 
that proposes reclassification of a Class C authorization to Class C0 
not later than 30 days after issuance of an order to show cause by the 
Commission notifying the affected licensee of the proposed 
reclassification.
* * * * *

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

    15. The authority citation for Part 74 continues to read as 
follows:

    Authority: 47 U.S.C. 154, 303, 307, and 554.


    16. Amend Sec. 74.1204 by revising paragraph (a)(1) to read as 
follows:


Sec. 74.1204  Protection of FM broadcast stations and FM translators.

    (a) * * *
    (1) Commercial Class B FM Stations (Protected Contour: 0.5 mV/m)

----------------------------------------------------------------------------------------------------------------
                                          Interference contour of proposed     Protected contour of commercial
         Frequency separation                    translator station                    Class B station
----------------------------------------------------------------------------------------------------------------
Co-channel............................  0.05 mV/m (34 dBu)                   0.5 mV/m (54 dBu)
200 kHz...............................  0.25 mV/m (48 dBu)                   0.5 mV/m (54 dBu)
400 kHz/ 600 kHz......................  50.0 mV/m (94 dBu)                   0.5 mV/m (54 dBu)
----------------------------------------------------------------------------------------------------------------

    (2) Commercial Class B1 FM Stations (Protected Contour: 0.7 mV/m)

----------------------------------------------------------------------------------------------------------------
                                          Interference contour of proposed     Protected contour of commercial
         Frequency separation                    translator station                    Class B1 station
----------------------------------------------------------------------------------------------------------------
Co-channel............................  0.07 mV/m (37 dBu)                   0.7 mV/m (57 dBu)
200 kHz...............................  0.35 mV/m (51 dBu)                   0.5 mV/m (57 dBu)
400 kHz/ 600 kHz......................  70.0 mV/m (97 dBu)                   0.7 mV/m (57 dBu)
----------------------------------------------------------------------------------------------------------------

    (3) All Other Classes of FM Stations (Protected Contour: 1 mV/m)

----------------------------------------------------------------------------------------------------------------
                                          Interference contour of proposed      Protected contour of any other
         Frequency separation                        translator                            station
----------------------------------------------------------------------------------------------------------------
Co-channel............................  0.1 mV/m (40 dBu)                    1 mV/m (60 dBu)
200 kHz...............................  0.5 mV/m (54 dBu)                    1 mV/m (60 dBu)
400 kHz/ 600 kHz......................  100 mV/m (100 dBu)                   1 mV/m (60 dBu)
----------------------------------------------------------------------------------------------------------------

* * * * *

    17. Amend Sec. 74.1251 by revising paragraph (b)(7) to read as 
follows:


Sec. 74.1251  Technical and equipment modifications.

* * * * *
    (b) * * *
    (7) Any increase of authorized effective radiated power. FM 
translator and booster stations may decrease ERP on a modification of 
license application provided that exhibits are included to

[[Page 79781]]

demonstrate that the following requirements are met:
    (i) The license application may not propose to eliminate the 
authorized horizontally polarized ERP, if a horizontally polarized ERP 
is currently authorized;
    (ii) The installed height of the antenna radiation center is not 
increased by more than two meters nor decreased by more than four 
meters from the authorized height for the antenna radiation center; and
    (iii) The station is not presently authorized with separate 
horizontal and vertical antennas mounted at different heights. Use of 
separate horizontal and vertical antennas requires a construction 
permit before implementation or changes.
* * * * *
[FR Doc. 00-32201 Filed 12-19-00; 8:45 am]
BILLING CODE 6712-01-U