[Federal Register Volume 66, Number 80 (Wednesday, April 25, 2001)]
[Proposed Rules]
[Pages 20779-20781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9887]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 93-177; FCC 01-60]


An Inquiry Into the Commission's Policies and Rules Regarding AM 
Radio Service Directional Antenna Performance Verification

AGENCY: Federal Communications Commission.

ACTION: Further notice of proposed rulemaking.

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SUMMARY: In this document, the Commission requests comment on specific 
ways to incorporate the use of computer modeling techniques into the 
testing and verification procedures for AM radio stations that use 
directional antennas. Use of computer modeling would further reduce the 
financial burden on directional AM stations, consistent with the Mass 
Media Bureau's technical streamlining initiatives.

DATES: Submit comments on or before July 9, 2001 and reply comments on 
or before September 7, 2001.

ADDRESSES: Secretary, Federal Communications Commission, 445 12th 
Street, SW., Washington, DC 20554, http://www.fec.gov.

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 
Further Notice of Proposed Rule Making (FNPRM) in MM Docket No. 93-177, 
adopted February 14, 2001, and released March 7, 2001. The Commission 
adopted the FNPRM in response to comments received regarding an earlier 
Notice of Proposed Rule Making (NPRM) in this proceeding [See 64 FR 
40539, July 27, 1999]. The complete text of this FNPRM is available for 
inspection and copying during normal business hours in the FCC 
Reference Center (Room CY-A257), 445 12th Street, SW., Washington, DC, 
and may also be purchased from the Commission's copy contractor, 
International Transcription Service, (202) 857-3800, 1231 20th Street, 
NW., Washington, DC 20036. The complete text is also available on the 
Internet at http://www.fec.gov/mmb/asd/welcome2.html#NEWSBOX.

Synopsis of Further Notice of Proposed Rule Making

    This FNPRM requests comment on specific ways in which directional 
AM stations could use computer modeling techniques to demonstrate that 
the antennas operate properly. Directional AM stations use antennas 
which suppress radiated field in some directions and enhance it in 
others. In order to control interference between stations and assure 
adequate community coverage, directional AM stations must undergo 
extensive ``proofs of performance'' to demonstrate that the antenna 
system operates as authorized. The Commission's Report and Order in 
this proceeding, published elsewhere in this issue, substantially 
reduces the number of field measurements required in a proof of 
performance. The FNPRM solicits comment on specific ways in which 
computer modeling could further reduce or replace field measurements as 
the primary method of demonstrating that a directional AM antenna 
operates as authorized.
    The computer modeling methods used for directional AM antennas are 
generically referred to as ``method of moments'' programs, ``matrix'' 
programs, or ``NEC'' programs. NEC programs are based on the Numerical 
Electromagnetics Code moment method of analysis developed at the 
Lawrence Livermore Laboratory, Livermore, California. Computer modeling 
is often used by engineers to predict operating parameters of 
directional antenna systems.
    In the NPRM in this proceeding, the Commission sought comment on 
its tentative conclusion that computer modeling, while useful as a 
design tool, could not be relied upon to predict pattern shape with 
sufficient accuracy in all cases. In response to the NPRM, the National 
Association of Broadcasters (NAB) sponsored a series of industry forums 
attended by representatives of large broadcasting groups, consulting 
engineers, and AM equipment manufacturers. NAB filed supplemental 
comments to present the industry committee's conclusions to date. The 
supplemental comments outline 18 criteria to define the types of 
directional antennas for which computer modeling is straightforward and 
consistent. These criteria would initially limit the number of towers 
in the array to six or fewer, would specify the type of sampling system 
which could be used, and would generally be limited to arrays clear of 
nearby reradiating objects. NAB and the joint commenters propose that 
directional AM arrays meeting these criteria could substitute computer 
modeling for proofs of performance based on field strength 
measurements.
    The Commission requests comments on the criteria proposed by NAB to 
define arrays for which computer modeling could be used to verify the 
proper adjustment of a directional AM antenna, and on any other 
limitations which may be appropriate. The Commission also seeks comment 
on the following topics: what data should constitute a proof of 
performance for an array adjusted pursuant to computer modeling; what 
type of external monitoring may be appropriate for arrays adjusted 
using computer modeling; the suitability of various types of 
commercially available software for antenna modeling.

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (``RFA''),\1\ the 
Commission has prepared this Initial Flexibility Analysis (``IRFA'') of 
the possible significant economic impact on small entities by the 
policies and rules proposed in this FNPRM. Written and electronically 
filed 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 established in the FNPRM. The Commission will send a copy 
of the FNPRM, including this IRFA, to the Chief Counsel for Advocacy of 
the Small Business Administration. In addition, the FNPRM and IRFA (or 
summaries thereof) will be published in the Federal Register. See 5 
U.S.C. 604(a). Since there is no significant economic effect on small 
entities, we considered issuing a certification. However, we decided, 
in order to compile an optimally complete record, to go forward with 
this IRFA.
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has 
been amended by the Contract with America Advancement Act of 1996, 
Public Law No. 194-12, 110 Stat. 848 (1996) (``CWAA''). Title II of 
the CWAA is the Small Business Regulatory Enforcement Fairness Act 
of 1996 (``SBREFA'').
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Need For and Objectives of the Proposed Rules

    This FNPRM seeks comment on the use of computer modeling techniques 
based on moment method analysis to verify AM directional antenna 
performance. Adoption of such techniques would reduce further the 
substantial costs associated with licensing for directional AM 
stations. These measures would also advance the goal of reducing the 
Commission's regulatory requirements to the minimum necessary to 
achieve our policy objectives of controlling interference and assuring 
adequate community coverage.

Legal Basis

    Authority for the actions proposed in this FNPRM may be found in 
sections 4(i), 4(j), 303, 308, 309, 316, and 319 of the Communications 
Act of 1934, as

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amended, 47 U.S.C. 154(i), 154(j), 303, 308, 309, 316, and 319.

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

    The RFA directs agencies to provide a description of, and where 
feasible, an estimate of the number of small entities that may be 
affected by the proposed rules, if adopted. 5 U.S.C. 603(b)(3). The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
governmental jurisdiction.'' In addition, the term ``small business'' 
has the same meaning as the term ``small business concern'' under the 
Small Business Act. See 5 U.S.C. 601(3); 15 U.S.C. 632. A small 
business concern is one which: (1) is independently owned and operated; 
(2) is not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA). Small Business Act, 15 U.S.C. 632 (1996). A small organization 
is generally ``any not-for-profit enterprise which is independently 
owned and operated and is not dominant in its field.'' 5 U.S.C. 601(4). 
Nationwide, as of 1992, there were approximately 275,801 small 
organizations. 1992 Economic Census, U.S. Bureau of the Census, Table 6 
(special tabulation of data under contract to Office of Advocacy of the 
U.S. Small Business Administration). ``Small governmental 
jurisdiction'' generally means ``governments of cities, counties, 
towns, townships, villages, school districts, or special districts, 
with a population of less than 50,000.'' 5 U.S.C. 601(5). As of 1992, 
there were approximately 85,006 such jurisdictions in the United 
States. U.S. Dept. of Commerce, Bureau of the Census, ``1992 Census of 
Governments.'' This number includes 38,978 counties, cities, and towns; 
of these, 37,566, or 96 percent, have populations of fewer than 50,000. 
The Census Bureau estimates that this ratio is approximately accurate 
for all governmental entities. Thus, of the 85,006 governmental 
entities, we estimate that 81,600 (91 percent) are small entities.
    The proposed policies will apply to certain AM radio broadcasting 
licensees and potential licensees. The Small Business Administration 
defines a radio broadcasting station that has no more than $5 million 
in annual receipts as a small business. 13 CFR 121.201, SIC 4832. A 
radio broadcasting station is an establishment primarily engaged in 
broadcasting aural programs by radio to the public. Executive Office of 
the President, Office of Management and Budget, Standard Industrial 
Classification Manual (1987), SIC 4832. 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 which are separate establishments and are 
primarily engaged in producing radio program material are classified 
under another SIC number. The 1992 Census indicates that 96 percent 
(5,861 of 6,127) radio station establishments produced less than $5 
million in revenue in 1992. The Census Bureau counts radio stations 
located at the same facility as one establishment. Therefore, each co-
located AM/FM combination counts as one establishment. Official 
Commission records indicate that 11,334 individual radio stations were 
operating in 1992. FCC News Release, No. 31327 (January 13, 1993). As 
of February 1, 2001, official Commission records indicate that 12,751 
radio stations were operating, of which 4,674 were AM stations.
    Thus, because only 40 percent of AM stations operate with 
directional antennas, the proposed rules will affect fewer than 1,870 
radio stations, 1,795 of which are small businesses. We use the 96% 
figure of radio station establishments with less than $5 million 
revenue from the Census data and apply it to the 1,870 radio stations 
using directional antennas to arrive at 1,795 individual AM stations as 
small businesses. These estimates may overstate the number of small 
entities since the revenue figures on which they are based do not 
include or aggregate revenues from non-radio affiliated companies.
    In addition to owners of operating radio stations, any entity that 
seeks or desires to obtain a radio broadcast license may be affected by 
the proposals contained in this item. The number of entities that may 
seek to obtain a radio broadcast license is unknown. We invite comment 
as to such number.

Description of Projected Recording, Recordkeeping, and Other 
Compliance Requirements

    Previous comments in this proceeding showed broad support for 
further consideration of the topic of computer modeling. In order to 
control interference between stations and assure adequate community 
coverage, directional AM stations must undergo extensive ``proofs of 
performance'' when initially constructed, and from time to time 
thereafter, to verify conformance with authorized operating parameters. 
This FNPRM proposes to consider the incorporation into the proof 
process of computer modeling techniques known as ``method of moments.'' 
Use of computer modeling offers the potential of a new proof of 
performance process which is substantially more efficient for both 
directional AM stations and the Commission staff. Although we 
anticipate that adopting rule changes to permit use of computer 
modeling would reduce the engineering costs borne by new or modified 
directional AM facilities, it is premature to assess the extent of the 
reduction. We do expect that the optional use of computer modeling 
would introduce new compliance requirements, but these would be less 
onerous than our existing proof of performance requirements. The 
adoption of computer modeling techniques is not likely to introduce new 
record keeping or recording requirements.

Steps Taken to Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    The RFA requires an agency to describe any significant alternatives 
that it has considered in reaching its proposed approach, which may 
include the following four alternatives (among others): (1) the 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities. 5 U.S.C. 603(c). This FNPRM solicits comment on the use of 
computer modeling in an AM proof of performance. Incorporation of these 
methods into the Commission's rules has the potential to reduce the 
burdens and delays associated with our radio broadcast licensing 
processes. We have solicited comment on adopting computer modeling 
techniques as an optional alternative to the conventional proof of 
performance process. We do not anticipate requiring directional AM 
stations to use computer modeling when filing an application for 
license. Consequently, none of the four alternative approaches is 
applicable in this case. Nevertheless, any significant alternatives 
presented in the comments will be considered.

List of Subjects in 47 CFR Part 73

    Radio.


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Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 01-9887 Filed 4-24-01; 8:45 am]
BILLING CODE 6712-01-U