[Federal Register Volume 68, Number 144 (Monday, July 28, 2003)]
[Proposed Rules]
[Pages 44273-44276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19092]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 03-151; FCC 03-160]


Amendment of the Commission's Rules Regarding AM Directional 
Antennas

AGENCY: Federal Communications Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Commission issues this document in order to resolve an 
apparent conflict between Sec. Sec.  73.62 and 73.1350(d)(2) of the 
Commission's rules. Both of these rules are invoked when an AM 
station's directional antenna monitor indications and/or monitoring 
point field strength measurements exceed the required operating 
tolerances. Each rule provides for different time periods for AM 
licensees to take action when their directional antenna operating 
parameters are found to be out of licensed tolerances. The inconsistent 
directive leaves AM licensees unclear as to the course of action they 
must take when they observe excessive monitor measurements. It is 
important that these rules be clarified because they affect termination 
of broadcast operation. This document begins a proceeding to harmonize 
these rules.

DATES: Comments are due August 29, 2003 and reply comments are due 
September 18, 2003.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554. See SUPPLEMENTARY INFORMATION for filing 
instructions.

FOR FURTHER INFORMATION CONTACT: Karen A. Kosar, Media Bureau at (202) 
418-1053 or via Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Notice of Proposed Rule Making (NPRM), MB Docket No. 03-151, adopted 
July 1, 2003 and released July 7, 2003. The full text of this decision 
is available for inspection and copying during normal business hours in 
the FCC Reference Information Center, Portals II, 445 12th Street, SW., 
Room CY-A257, Washington, DC 20554, and may be purchased from the 
Commission's copy contractor, Qualex International, Portals II, 445 
12th Street, SW., Room CY-B402, Washington, DC 20554, telephone (202) 
863-2893, facsimile (202) 863-2898, or via e-mail [email protected] or 
may be viewed via Internet at http://www.fcc.gov/mb/.
    1. This Notice of Proposed Rule Making (NPRM) proposes to resolve 
an apparent conflict between Sec. Sec.  73.62 and 73.1350(d)(2) of the 
Commission's rules regarding the operation of AM stations with 
directional antennas. Both of these rules are invoked when an AM 
broadcast station's directional antenna operating parameters and/or 
monitoring point field strengths exceed operating tolerances. Section 
73.62 of the rules, which specifically governs directional antenna 
system tolerances, provides that, whenever the operating parameters of 
a directional antenna cannot be maintained within the tolerances 
specified in the rule, an AM broadcast station has twenty-four hours 
within which to identify any excessive monitoring point field strengths 
followed by three hours to take corrective action. In contrast, Sec.  
73.1350(d)(2) of the rules, which addresses transmission system 
operation, requires that, in the event of any condition of antenna 
parameters or monitoring points out of tolerance, station operation be 
terminated within three minutes unless power is reduced sufficiently to 
eliminate any excess radiation. This inconsistent directive in our 
rules leaves AM licensees unclear as to the correct course of action 
they must take when they observe out-of-tolerance indications. Clarity 
in our rules is especially necessary when the rules may require that 
broadcast operations terminate within a matter of minutes. In such 
situations, termination of operations would be disruptive to 
programming and, in some cases, broadcast listeners may be deprived of 
information regarding hazardous weather or other emergency conditions. 
Moreover, broadcast stations may be faced with fines and forfeitures if 
found not to be in compliance with our rules.
    2. The NPRM recognizes that almost all AM broadcast station 
directional antenna arrays experience some amount of instability. 
Unfavorable weather conditions or other environmental factors 
occasionally may affect monitoring systems to such an extent that these 
systems experience short-term out-of-tolerance operation. Such out-of-
tolerance indications during heavy rain, snow or icing, or during 
abrupt and substantial changes in temperature or humidity, may not 
warrant immediate corrective action. Regardless of whether out-of-
tolerance indications were caused by these conditions, Sec.  
73.1350(d)(2) arguably requires that stations shut down or reduce power 
within three minutes. In contrast, Sec.  73.62 of the rules, which is 
narrowly aimed at directional antenna tolerances, provides a reasonable 
period of time for corrective action.
    3. The NPRM tentatively concludes that Sec.  73.1350(d)(2) is 
excessively stringent and was not intended to apply to instances of 
minor out-of-tolerance directional antenna operating parameters. The 
NPRM tentatively concludes that both Sec. Sec.  73.62 and 73.1350 
should be revised and restructured to delineate clearly those 
situations that require 24-hour, three-hour and/or three minute 
responses by AM licensees, as well as by FM and TV licensees. The NPRM 
tentatively concludes that a requirement to terminate operation within 
three minutes should apply only to catastrophic events that are likely 
to cause significant disruption to the operation of other stations or 
that pose a threat to life or property. The NPRM tentatively concludes 
that a requirement to terminate operation within three hours should 
apply to instances of out-of-tolerance operation which are likely to 
result in minor interference to other stations. The NPRM seeks comment 
on these tentative conclusions as well as comment on other ways to 
resolve the problem presented by these rules.

I. Procedural Matters

A. Initial Regulatory Flexibility Analysis

    4. As required by the Regulatory Flexibility Act, the Commission 
has prepared an Initial Regulatory

[[Page 44274]]

Flexibility Analysis (IRFA) of the expected impact on small entities of 
the proposals suggested in this document. The IRFA is set forth below. 
These comments must be filed in accordance with the same filing 
deadlines for comments on the NPRM, and they should have a separate and 
distinct heading designating them as responses.

B. Paperwork Reduction Act

    5. This NPRM contains no proposed or modified information 
collection.

C. Ex Parte--Permit-But-Disclose Proceedings

    6. This is a permit-but-disclose notice and comment rule making 
proceeding. Ex parte presentations are permitted, except during the 
Sunshine Agenda period, provided they are disclosed as provided in the 
Commission's rules. See generally 47 CFR 1.1202, 1.1203, 1.1206(a).

D. Filing of Comments and Reply Comments

    7. Pursuant to applicable procedures set forth in Sec. Sec.  1.415 
and 1.419 of the Commission's rules, 47 CFR 1.415 and 1.419, interested 
parties may file comments on or before August 29, 2003 and reply 
comments on or before September 18, 2003. Comments may be filed using 
the Commission's Electronic Comment Filing System (ECFS) or by filing 
paper copies. See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (1998).
    8. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/e-file/ecfs.html. 
Generally, only one copy of an electronic submission must be filed. If 
multiple docket or rulemaking numbers appear in the caption of this 
proceeding, however, commenters must transmit one electronic copy of 
the comments to each docket or rulemaking number referenced in the 
caption. In completing the transmittal screen, commenters should 
include their full name, U.S. Postal Service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment by Internet e-mail. To get filing instructions for 
e-mail comments, commenters should send an e-mail to [email protected], and 
should include the following words in the body of the message, ``get 
form .'' A sample form and directions 
will be sent in reply.
    9. Parties who choose to file by paper must file an original and 
four copies of each filing. If more than one docket or rulemaking 
number appears in the caption of this proceeding, commenters must 
submit two additional copies for each additional docket or rulemaking 
number. 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 we continue to experience delays in 
receiving U.S. Postal Service mail). The Commission's contractor, 
Vistronix, Inc., will receive hand-delivered or messenger-delivered 
paper filings for the Commission's Secretary at 236 Massachusetts 
Avenue, NE., Suite 110, Washington, DC 20002. The filing hours at this 
location are 8 a.m. to 7 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes must be disposed of 
before entering the building. Commercial 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 mail, Express Mail, and Priority Mail should be addressed 
to 445 12th Street, SW., Washington, DC 20554. All filings must be 
addressed to the Commission's Secretary, Marlene H. Dortch, Office of 
the Secretary, Federal Communications Commission, 445 12th Street, SW., 
Room TW-A325, Washington, DC 20554.

II. Initial Regulatory Flexibility Analysis

    10. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), the Commission has prepared this Initial Regulatory 
Flexibility Analysis (IRFA) of the possible significant economic impact 
on small entities by the policies and rules proposed in this NPRM. 
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 NPRM provided in paragraph 14 of the item. The 
Commission will send a copy of this NPRM, including this IRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration (SBA). 
In addition, the NPRM and IRFA (or summaries thereof) will be published 
in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules Changes

    11. The NPRM seeks comment on ways to remedy the apparent conflict 
between Sec. Sec.  73.1350(d)(2) and 73.62 of the Commission's rules. 
Both rules are invoked when an AM station's directional operating 
parameters and/or monitoring point field strengths exceed the required 
operating tolerances. Section 73.62 of the rules provides that an AM 
broadcast station has 24 hours within which to identify any excessive 
monitoring point readings followed by three hours to take corrective 
action. By comparison, Sec.  73.1350(d)(2) of the rules requires that 
station operation be terminated within three minutes unless power is 
reduced sufficiently to eliminate any excess radiation. It is important 
that this apparent conflict in our rules be addressed because these 
rules affect termination of broadcast operations, which may deprive 
listeners of necessary information regarding hazardous weather or other 
emergency conditions. In addition, if broadcasters are found not to be 
in compliance with these rules, they may face fines or have forfeiture 
action instituted against them.

B. Legal Basis

    12. The authority for the action proposed in this NPRM is contained 
in sections 1, 4(i) and (j), 301, 303, 403 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(i) and (j), 301, 303, and 403.

C. Description and Estimate of the Number of Small Entities to Which 
the Proposed Rule Changes Will Apply

    13. The RFA directs the Commission to provide a description of and, 
where feasible, an estimate of the number of small entities that will 
be affected by the rules, if adopted. 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). A small organization is generally ``any not-for-
profit enterprise which is independently owned and operated and is not 
dominant in its field.'' Nationwide as of 1992, there were 
approximately 275,801 small organizations. ``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.'' As of 1997, there were 
approximately 87,453 governmental entities in the United States. This 
number includes 39,044 county governments, municipalities, and 
townships, of which 37,546 (approximately 96.2%) have populations of 
fewer than 50,000 or more. Thus, we estimate the number of small 
governmental jurisdictions overall to be approximately 84,098 or fewer.

[[Page 44275]]

    14. The proposed rule amendments to Sec. Sec.  73.1350 and 73.62 
will primarily apply to certain AM directional radio broadcasting 
licensees and potential licensees. The proposed amendments to Sec.  
73.1350 would also affect FM broadcast stations in the event that any 
FM broadcast station operates in a manner that poses a threat to life 
or property or in a manner that is likely to cause significant 
disruption to the operation of other stations. The SBA defines a radio 
broadcast entity that has $6 million or less in annual receipts as a 
small business. Business concerns included in this industry are those 
``primarily engaged in broadcasting aural programs by radio to the 
public.'' According to Commission staff review of the BIA Publications, 
Inc., Master Access Radio Analyzer Database, as of May 16, 2003, about 
10,427 of the 10,945 commercial radio stations in the United States 
have revenues of $6 million or less. We note, however, that many radio 
stations are affiliated with much larger corporations with much higher 
revenue, and that in assessing whether a business concern qualifies as 
small under the above definition, such business (control) affiliations 
are included. Our estimate, therefore likely overstates the number of 
small businesses that might be affected by the proposed rules.
    15.The proposed amendments to Sec.  73.1350 would also affect 
television stations in the event that any television station operates 
in a manner that poses a threat to life or property or is likely to 
significantly disrupt the operation of other stations. The SBA defines 
a television broadcasting station that has no more than $12 million in 
annual receipts as a small business. Business concerns included in this 
industry are those ``primarily engaged in broadcasting images together 
with sound.'' According to Commission staff review of the BIA 
Publications, Inc. Master Access Television Analyzer Database as of May 
16, 2003, about 814 of the 1,220 commercial television stations in the 
United States have revenues of $12 million or less. We note, however, 
that in assessing whether a business concern qualifies as small under 
the above definition, business (control) affiliations must be included. 
Our estimates, therefore, likely overstate the number of small entities 
that might be affected by the proposed rules because the revenue figure 
on which it is based does not include or aggregate revenues from 
affiliated companies.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements

    We do not expect that the proposed rule changes would impose any 
additional reporting or recordkeeping requirements.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    17. 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: (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 such 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.
    18. As indicated above, the NPRM seeks comment on how to remedy an 
apparent conflict in the Commission's rules that affect AM broadcast 
stations that employ directional antennas. Amendment of one of the 
rules also may affect FM and television broadcast services. No 
alternatives to our proposal herein are mentioned because we anticipate 
no differential impact on smaller entities. However, we welcome comment 
on modifications of proposals if based on potential differential 
impact.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Commission's Proposals

    None.

III. Ordering Clauses

    19. It is ordered that, pursuant to sections 1, 4(i) and (j), 301, 
303, and 403 of the Communications Act of 1934, as amended, 47 U.S.C. 
151, 154(i) and (j), 301, 303, and 403, comment is hereby sought on the 
analysis, questions, discussions and statements of issues in the Notice 
of Proposed Rule Making.
    20. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, SHALL SEND a 
copy of this NPRM, including the IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration in accordance with the 
Regulatory Flexibility Act.

List of Subjects in 47 CFR Part 73

    Administrative practice and procedure and radio broadcast services.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 73 as follows:

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. Section 73.62 is revised to read as follows:


Sec.  73.62  Directional antenna system operation and tolerances.

    (a) Each AM station operating a directional antenna must maintain 
the relative amplitudes of the antenna currents, as indicated by the 
antenna monitor, within 5% of the values specified on the instrument of 
authorization. Directional antenna relative phases must be maintained 
within 3 degrees of the values specified on the instrument of 
authorization.
    (b) In the event of a failure of system components, improper 
pattern switching or any other event that results in operation 
substantially at variance from the radiation pattern specified in the 
instrument of authorization for the pertinent time of day, operation 
must be terminated within three minutes unless power can be reduced 
sufficiently to eliminate any excessive radiation. See Sec.  
73.1350(e).
    (c) In the event of minor variations of directional antenna 
operating parameters from the tolerances specified in paragraph (a) of 
this section, the following procedures will apply:
    (1) The licensee shall measure and log every monitoring point at 
least once for each mode of directional operation. Subsequent 
variations in operating parameters will require the remeasuring and 
logging of every monitoring point to assure that the authorized 
monitoring point limits are not being exceeded. The licensee will be 
permitted 24 hours to accomplish these actions; provided that, the date 
and time of the failure to maintain proper operating parameters has 
been recorded in the station log.
    (2) Provided each monitoring point is within its specified limit, 
operation may continue for a period up to 30 days before a request for 
Special Temporary Authority (STA) must be filed, pursuant to paragraph 
(c)(4) of this section, to operate with parameters at variance from the 
provisions of paragraph (a) of this section.

[[Page 44276]]

    (3) If any monitoring point exceeds its specified limit, the 
licensee must either terminate operation within three hours or reduce 
power in accordance with the applicable provisions of Sec.  73.1350(d), 
in order to eliminate any possibility of interference or excessive 
radiation in any direction.
    (4) If operation pursuant to paragraph (c)(3) of this section is 
necessary, or before the 30 day period specified in paragraph (c)(2) of 
this section expires, the licensee must request a Special Temporary 
Authority (STA) in accordance with Sec.  73.1635 to continue operation 
with parameters at variance and/or with reduced power along with a 
statement certifying that all monitoring points will be continuously 
maintained within their specified limits.
    (d) In any other situation in which it might reasonably be 
anticipated that the operating parameters might vary out of tolerance 
(such as planned array repairs or adjustment and proofing procedures), 
the licensee shall, before such activity is undertaken, obtain a 
Special Temporary Authority (STA) in accordance with Sec.  73.1635 in 
order to operate with parameters at variance and/or with reduced power 
as required to maintain all monitoring points within their specified 
limits.
    3. Section 73.1350 is amended by revising paragraphs (b)(2) and 
(d); by redesignating paragraphs (e) through (h) as paragraphs (f) 
through (i); and by adding a new paragraph (e) to read as follows:


Sec.  73.1350  Transmission system operation.

* * * * *
    (b) * * *
    (2) The transmitter control personnel must have the capability to 
turn the transmitter off at all times. If the personnel are at a remote 
location, the control system must provide this capability continuously 
or must include an alternate method of acquiring control that can 
satisfy the requirement of paragraph (e) of this section that operation 
be terminated within 3 minutes.
* * * * *
    (d) In the event that a broadcast station is operating in a manner 
that is not in compliance with the applicable technical rules set forth 
elsewhere in this part or the terms of the station authorization, and 
the condition is not listed in paragraph (e) or (f) of this section, 
broadcast operation must be terminated within three hours unless 
antenna input power is reduced sufficiently to eliminate any excess 
radiation power. Examples of conditions that require termination of 
operation within three hours include excessive power, excessive 
modulation or the emission of spurious signals that do not result in 
harmful interference.
    (e) If a broadcast station is operating in a manner that poses a 
threat to life or property or that is likely to significantly disrupt 
the operation of other stations, immediate corrective action is 
required. In such cases, operation must be terminated within three 
minutes unless antenna input power is reduced sufficiently to eliminate 
any excess radiation. Examples of conditions that require immediate 
corrective action include the emission of spurious signals that cause 
harmful interference, any mode of operation not specified by the 
station license for the pertinent time of day, or operation 
substantially at variance from the authorized radiation pattern.
* * * * *
[FR Doc. 03-19092 Filed 7-25-03; 8:45 am]
BILLING CODE 6712-01-P