[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Notices]
[Pages 59029-59031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23238]


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FEDERAL COMMUNICATIONS COMMISSION


Information Collection Being Reviewed by the Federal 
Communications Commission

AGENCY: Federal Communications Commission.

ACTION: Notice and request for comments.

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SUMMARY: The Federal Communications Commission (FCC), as part of its 
continuing effort to reduce paperwork burdens, invites the general 
public and other Federal agencies to take this opportunity to comment 
on the following information collection, as required by the Paperwork 
Reduction Act (PRA) of 1995. Comments are requested concerning whether 
the proposed collection of information is necessary for the proper 
performance of the functions of the Commission, including whether the 
information shall have practical utility; the accuracy of the 
Commission's burden estimate; ways to enhance the quality, utility, and 
clarity of the information collected; ways to minimize the burden of 
the collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology; and ways to further reduce the information collection 
burden on small business concerns with fewer than 25 employees.
    The FCC may not conduct or sponsor a collection of information 
unless it displays a currently valid control number. No person shall be 
subject to any penalty for failing to comply with a collection of 
information subject to the PRA that does not display a valid Office of 
Management and Budget (OMB) control number.

DATES: Written PRA comments should be submitted on or before November 
25, 2013. If you anticipate that you will be submitting comments, but 
find it difficult to do so within the period of time allowed by this 
notice, you should advise the contact listed below as soon as possible.

ADDRESSES: Direct all PRA comments to the Federal Communications 
Commission via email to [email protected] and [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information about the 
information collection, contact Cathy Williams at (202) 418-2918.

SUPPLEMENTARY INFORMATION:
    OMB Control No.: 3060-1121.
    Title: Sections 1.30002, 1.30003, 1.30004, 73.875, 73.1657 and 
73.1690, Disturbance of AM Broadcast Station Antenna Patterns.
    Form No.: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities and Not-for-
profit Institutions.
    Number of Respondents and Responses: 1,195 respondents and 1,195 
responses.
    Estimated Time per Response: 1-2 hours.
    Frequency of Response: On occasion reporting requirement and third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 
Section 154(i) of the Communications Act of 1934, as amended.

[[Page 59030]]

    Total Annual Burden: 1,960 hours.
    Total Annual Cost: $1,078,200.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: On August 14, 2013, the Commission adopted the 
Third Report and Order and Second Order on Reconsideration in the 
matter of An Inquiry Into the Commission's Policies and Rules Regarding 
AM Radio Service Directional Antenna Performance Verification, MM 
Docket No. 93-177, FCC 13-115. In the Third Report and Order in this 
proceeding, the Commission harmonized and streamlined the Commission's 
rules regarding tower construction near AM stations.
    In AM radio, the tower itself functions as the antenna. 
Consequently, a nearby tower may become an unintended part of the AM 
antenna system, reradiating the AM signal and distorting the authorized 
AM radiation pattern. Our old rules contained several sections 
concerning tower construction near AM antennas that were intended to 
protect AM stations from the effects of such tower construction, 
specifically, Sections 73.1692, 22.371, and 27.63. These old rule 
sections imposed differing requirements on the broadcast and wireless 
entities, although the issue is the same regardless of the types of 
antennas mounted on a tower. Other rule parts, such as Part 90 and Part 
24, entirely lacked provisions for protecting AM stations from possible 
effects of nearby tower construction. In the Third Report and Order the 
Commission adopted a uniform set of rules applicable to all services, 
thus establishing a single protection scheme regarding tower 
construction near AM tower arrays. The Third Report and Order also 
designates ``moment method'' computer modeling as the principal means 
of determining whether a nearby tower affects an AM radiation pattern. 
This serves to replace time-consuming direct measurement procedures 
with a more efficient computer modeling methodology that is reflective 
of current industry practice.

New Information Collection Requirements

    47 CFR 1.30002(a) requires a proponent of construction or 
modification of a tower within a specified distance of a nondirectional 
AM station, and also exceeding a specified height, to notify the AM 
station at least 30 days in advance of the commencement of 
construction. If the tower construction or modification would distort 
the AM pattern, the proponent shall be responsible for the installation 
and maintenance of detuning equipment.
    47 CFR 1.30002(b) requires a proponent of construction or 
modification of a tower within a specified distance of a directional AM 
station, and also exceeding a specified height, to notify the AM 
station at least 30 days in advance of the commencement of 
construction. If the tower construction or modification would distort 
the AM pattern, the proponent shall be responsible for the installation 
and maintenance of detuning equipment.
    47 CFR 1.30002(c) states that proponents of tower construction or 
alteration near an AM station shall use moment method modeling, 
described in Sec.  73.151(c), to determine the effect of the 
construction or alteration on an AM radiation pattern.
    47 CFR 1.30002(f) states that, with respect to an AM station that 
was authorized pursuant to a directional proof of performance based on 
field strength measurements, the proponent of the tower construction or 
modification may, in lieu of the study described in Sec.  1.30002 (c), 
demonstrate through measurements taken before and after construction 
that field strength values at the monitoring points do not exceed the 
licensed values. In the event that the pre-construction monitoring 
point values exceed the licensed values, the proponent may demonstrate 
that post-construction monitoring point values do not exceed the pre-
construction values. Alternatively, the AM station may file for 
authority to increase the relevant monitoring point value after 
performing a partial proof of performance in accordance with Sec.   
73.154 to establish that the licensed radiation limit on the applicable 
radial is not exceeded.
    47 CFR 1.30002(g) states that tower construction or modification 
that falls outside the criteria described in paragraphs Sec.  
1.30002(a) and (b) is presumed to have no significant effect on an AM 
station. In some instances, however, an AM station may be affected by 
tower construction notwithstanding the criteria set forth in paragraphs 
Sec.  1.30002(a) and (b). In such cases, an AM station may submit a 
showing that its operation has been affected by tower construction or 
alteration. Such showing shall consist of either a moment method 
analysis or field strength measurements. The showing shall be provided 
to (i) the tower proponent if the showing relates to a tower that has 
not yet been constructed or modified and otherwise to the current tower 
owner, and (ii) to the Commission, within two years after the date of 
completion of the tower construction or modification. If necessary, the 
Commission shall direct the tower proponent to install and maintain any 
detuning apparatus necessary to restore proper operation of the AM 
antenna.
    47 CFR 1.30002(h) states that an AM station may submit a showing 
that its operation has been affected by tower construction or 
modification commenced or completed prior to or on the effective date 
of the rules adopted in this Part pursuant to MM Docket No. 93-177. 
Such a showing shall consist of either a moment method analysis or of 
field strength measurements. The showing shall be provided to the 
current owner and the Commission within one year of the effective date 
of the rules adopted in this Part. If necessary, the Commission shall 
direct the tower owner, if the tower owner holds a Commission 
authorization, to install and maintain any detuning apparatus necessary 
to restore proper operation of the AM antenna.
    47 CFR 1.30002(i) states that a Commission applicant may not 
propose, and a Commission licensee or permittee may not locate, an 
antenna on any tower or support structure, whether constructed before 
or after the effective date of these rules, that is causing a 
disturbance to the radiation pattern of the AM station, as defined in 
paragraphs Sec.  1.30002(a) and (b), unless the applicant, licensee, or 
tower owner completes the new study and notification process and takes 
appropriate ameliorative action to correct any disturbance, such as 
detuning the tower, either prior to construction or at any other time 
prior to the proposal or antenna location.
    47 CFR 1.30003(a) states that when antennas are installed on a 
nondirectional AM tower the AM station shall determine operating power 
by the indirect method (see Sec.  73.51). Upon the completion of the 
installation, antenna impedance measurements on the AM antenna shall be 
made. If the resistance of the AM antenna changes, an application on 
FCC Form 302-AM (including a tower sketch of the installation) shall be 
filed with the Commission for the AM station to return to direct power 
measurement. The Form 302-AM shall be filed before or simultaneously 
with any license application associated with the installation.
    47 CFR 1.30003(b) requires that, before antennas are installed on a 
tower in a directional AM array, the proponent shall notify the AM 
station so that, if

[[Page 59031]]

necessary, the AM station may determine operating power by the indirect 
method (see Sec.  73.51) and request special temporary authority 
pursuant to Sec.  73.1635 to operate with parameters at variance. For 
AM stations licensed via field strength measurements (see Sec.  
73.151(a)), a partial proof of performance (as defined by Sec.  73.154) 
shall be conducted both before and after construction to establish that 
the AM array will not be and has not been adversely affected. For AM 
stations licensed via a moment method proof (see Sec.  73.151(c)), the 
proof procedures set forth in Sec.  73.151(c) shall be repeated. The 
results of either the partial proof of performance or the moment method 
proof shall be filed with the Commission on Form 302-AM before or 
simultaneously with any license application associated with the 
installation.
    47 CFR 1.30004(a) requires proponents of proposed tower 
construction or modification to an existing tower near an AM station 
that are subject to the notification requirement in Sec. Sec.  1.30002-
1.30003 to provide notice of the proposed tower construction or 
modification to the AM station at least 30 days prior to commencement 
of the planned tower construction or modification. Notification to an 
AM station and any responses may be oral or written. If such 
notification and/or response is oral, the party providing such 
notification or response must supply written documentation of the 
communication and written documentation of the date of communication 
upon request of the other party to the communication or the Commission. 
Notification must include the relevant technical details of the 
proposed tower construction or modification, and, at a minimum, also 
include the following: proponent's name and address; coordinates of the 
tower to be constructed or modified; physical description of the 
planned structure; and results of the analysis showing the predicted 
effect on the AM pattern, if performed.
    47 CFR 1.30004(b) requires that a response to a notification 
indicating a potential disturbance of the AM radiation pattern must 
specify the technical details and must be provided to the proponent 
within 30 days.
    47 CFR 1.30004(d) states that if an expedited notification period 
(less than 30 days) is requested by the proponent, the notification 
shall be identified as ``expedited,'' and the requested response date 
shall be clearly indicated.
    47 CFR 1.30004(e) states that in the event of an emergency 
situation, if the proponent erects a temporary new tower or makes a 
temporary significant modification to an existing tower without prior 
notice, the proponent must provide written notice to potentially 
affected AM stations within five days of the construction or 
modification of the tower and cooperate with such AM stations to remedy 
any pattern distortions that arise as a consequence of such 
construction.
    47 CFR 73.875(c) requires an LPFM applicant to submit an exhibit 
demonstrating compliance with Sec.  1.30003 or Sec.  1.30002, as 
applicable, with any modification of license application filed solely 
pursuant to paragraphs (c)(1) and (c)(2) of this section, where the 
installation is on or near an AM tower, as defined in Sec.  1.30002.
    47 CFR 73.1675(c)(1) states that where an FM, TV, or Class A TV 
licensee or permittee proposes to mount an auxiliary facility on an AM 
tower, it must also demonstrate compliance with Sec.  1.30003 in the 
license application.
    47 CFR 73.1690(c) requires FM, TV, or Class A TV station applicants 
to submit an exhibit demonstrating compliance with Sec.  1.30003 or 
Sec.  1.30002, as applicable, with a modification of license 
application, except for applications solely filed pursuant to 
paragraphs (c)(6) or (c)(9) of this section, where the installation is 
located on or near an AM tower, as defined in Sec.  1.30002.

Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2013-23238 Filed 9-24-13; 8:45 am]
BILLING CODE 6712-01-P