[Federal Register Volume 82, Number 45 (Thursday, March 9, 2017)]
[Rules and Regulations]
[Pages 13069-13072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04252]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 74

[MB Docket No. 13-249; FCC 17-14]


Revitalization of the AM Radio Service

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends the Commission's rule setting forth the 
allowable location of an FM translator station rebroadcasting the 
signal of an AM broadcast station. It changes the rule so that an AM 
broadcaster has a greater area in which an FM translator rebroadcasting 
the AM signal may be located, giving AM broadcasters greater 
flexibility in reaching their listeners. The change is necessary to 
accommodate AM radio stations located far from their communities of 
license, or those with highly directional signal patterns.

DATES: This rule is effective April 10, 2017. The effective date is 
delayed indefinitely pending Office of Management and Budget (OMB) 
approval of a non-substantive change to the rule as originally 
proposed. The Commission will publish a document in the Federal 
Register announcing the effective date.

FOR FURTHER INFORMATION CONTACT: Peter Doyle, Chief, Media Bureau, 
Audio Division, (202) 418-2700 or [email protected]; Thomas 
Nessinger, Senior Counsel, Media Bureau, Audio Division, (202) 418-2700 
or [email protected].
    For additional information concerning the Paperwork Reduction Act 
information collection requirements contained in this document, contact 
Cathy Williams at 202-418-2918, or via the Internet at 
[email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second 
Report and Order (Second R&O), FCC 17-14, adopted February 23, 2017, 
and released February 24, 2017. The full text of this document is 
available for public inspection and copying during regular business 
hours in the FCC Reference Center, 445 Twelfth Street SW., Room CY-
A257, Portals II, Washington, DC 20554. To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an email to [email protected] or 
call the Consumer and Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (TTY).

Paperwork Reduction Act of 1995 Analysis

    This Second R&O adopts new or revised information collection 
requirements, subject to the Paperwork Reduction Act of 1995 (PRA) 
(Pub. L. 104-13, 109 Stat 163 (1995) (codified in 44 U.S.C. 3501-
3520)). The Office of Management and Budget (OMB) preapproved the 
information collection requirements, as set forth in the Further Notice 
of Proposed Rulemaking (FNPRM) in this proceeding, 81 FR 2818, January 
19, 2016, as follows: FCC Form 345, under OMB control number 3060-0075, 
on March 17, 2016; and FCC Form 349, under OMB control number 3060-
0405, on March 21, 2016. The Commission will receive OMB's final 
approval for the information collection requirements by submitting a 
non-substantive change submission to OMB for review under section 
3507(d) of the PRA (44 U.S.C. 3507(d)).
    In addition, we note that pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we 
previously sought specific comment on how the Commission might 
``further reduce the information collection burden for small

[[Page 13070]]

business concerns with fewer than 25 employees.''

Synopsis

    1. In the FNPRM, the Commission proposed to relax the current rule 
setting forth where an FM fill-in translator rebroadcasting an AM 
broadcast station may be sited (47 CFR 74.1201(g)). Having recently 
granted over 1,000 applications to acquire and relocate FM translators 
to rebroadcast AM stations, the Commission found it desirable to act on 
the translator siting proposal expeditiously, to provide the recent 
translator modification applicants maximum flexibility in providing 
service to their communities and nearby areas.
    2. Section 74.1201(g) currently requires that an FM translator 
rebroadcasting an AM station must be located such that the 60 dB[micro] 
contour of the FM translator station is contained within the lesser of 
(a) the 2 millivolts per meter (mV/m) daytime contour of the AM 
station, or (b) a 25-mile radius centered at the AM transmitter site. 
Many commenters, responding to the Notice of Proposed Rule Making in 
this proceeding (28 FCC Rcd 15221 (2013)), suggested that this standard 
is too restrictive and should be changed to provide that the coverage 
contour of an FM translator rebroadcasting an AM station as its primary 
station must be contained within the greater of the 2 mV/m daytime 
contour or a 25-mile radius. After considering these comments, the 
Commission proposed in the FNPRM to amend 47 CFR 74.1201(g), changing 
the standard to the greater of the 2 mV/m daytime contour or a 25-mile 
radius centered at the AM transmitter site, but with the limitation 
that the translator's 1 mV/m coverage contour may not extend beyond a 
40-mile (64 km) radius centered at the AM transmitter site.
    3. Commenters overwhelmingly supported a relaxation of the current 
FM translator siting rule. Some favored increasing the 40-mile limit, 
with others proposing to eliminate the 40-mile limit altogether. Most 
commenters opposing the 40-mile limit pointed to instances in which 
substantial covered populations lie within an AM station's 2 mV/m 
daytime contour but more than 40 miles from the station's transmitter.
    4. Having read and considered the comments addressing this 
proposal, most of which supported the proposal or slight variations 
from it, the Commission adopted the proposal set forth in the FNPRM, 
but eliminated the 40-mile limitation on translator siting from the 
rule change as adopted. The rule change as modified was deemed to be 
consistent with the Commission's objective, articulated in the FNPRM, 
to provide flexibility to an AM station using a cross-service 
translator to serve its core market while not extending its signal 
beyond the station's core service area. The Commission also reiterated 
a desire to provide applicants who participated in the Commission-
ordered 2016 translator modification windows with maximum flexibility 
in providing service to their authorized communities and nearby areas, 
and accordingly announced that such applicants may apply to further 
move their cross-service FM translators already relocated pursuant to 
the 2016 modification windows, as a minor modification application, as 
long as the proposed further modification complies with both the 
amended 47 CFR 74.1201(g) adopted in the Second R&O and with the 250-
mile limitation imposed in the FNPRM (30 FCC Rcd at 12152, para. 15). 
The Commission also reiterated the statement in the FNPRM, that a 
waiver of an Auction 83 FM translator construction deadline is 
presumptively in the public interest for applicants participating in 
one of the 2016 modification windows, provided that the AM station 
licensee proposing to use the FM translator for rebroadcasting its AM 
station commits to prompt FM translator station construction and 
initiation of broadcast operations (30 FCC Rcd at 12152 n. 36). In the 
interest of prompt station construction and initiation of service, the 
Commission limited any extensions of construction deadlines to not more 
than six months after the effective date of this Second R&O.
    5. The Commission therefore amended 47 CFR 74.1201(g) to provide 
that an FM translator rebroadcasting an AM broadcast station must be 
located such that the 60 dB[micro] contour of the FM translator station 
must be contained within the greater of either (a) the 2 mV/m daytime 
contour of the AM station, or (b) a 25-mile radius centered at the AM 
station's transmitter site.

Final Regulatory Flexibility Analysis

    6. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA) (5 U.S.C. 603), an Initial Regulatory Flexibility 
Analysis (IRFA) was incorporated in the FNPRM (30 FCC Rcd 12145, 12202-
05 (2015)). The Commission sought written public comment on the 
proposals in the FNPRM, including comment on the IRFA. The Commission 
received no comments on the IRFA. This Final Regulatory Flexibility 
Analysis (FRFA) conforms to the RFA (see 5 U.S.C. 604).

Need for, and Objectives of, the First Report and Order

    7. This Second R&O adopts a change to the rule setting forth where 
an FM translator station rebroadcasting an AM broadcast station may be 
located. Specifically, in the Second R&O the Commission changes the 
current rule, which requires that an FM translator rebroadcasting an AM 
station be located such that the 60 dB[micro] contour of the FM 
translator station must be contained within the lesser of (a) the 2 
millivolts per meter (mV/m) daytime contour of the AM station, or (b) a 
25-mile radius centered at the AM transmitter site. The rule change 
specifies that an FM translator rebroadcasting an AM station may be 
located such that the 60 dB[micro] contour of the translator must be 
contained within the greater of the AM station's 2 mV/m daytime contour 
or a 25-mile radius of the AM transmitter site. This rule change was 
proposed, in a slightly different form, in the FNPRM, based on comments 
submitted during the initial round of commenting in this proceeding. 
The Commission determined that, because it had completed two filing 
windows allowing the relocation of FM translator stations to 
rebroadcast AM stations, immediate adoption of this rule change would 
benefit those station licensees and permittees when determining where 
to site the relocated FM translators.

Summary of Significant Issues Raised by Public Comments in Response to 
the IRFA

    8. There were no comments to the IRFA filed.

Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    9. Pursuant to the Small Business Jobs Act of 2010, which amended 
the RFA, the Commission is required to respond to any comments filed by 
the Chief Counsel for Advocacy of the Small Business Administration 
(SBA), and to provide a detailed statement of any change made to the 
proposed rules as a result of those comments. 5 U.S.C. 604(a)(3). The 
Chief Counsel did not file any comments in response to the proposed 
rule in this proceeding.

Description and Estimate of the Number of Small Entities To Which the 
Rules Apply

    10. 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 adopted herein. 5 U.S.C. 603(b)(3). The RFA 
generally defines the term ``small entity'' as having the same

[[Page 13071]]

meaning as the terms ``small business,'' small organization,'' and 
``small government jurisdiction.'' 5 U.S.C. 601(6). In addition, the 
term ``small business'' has the same meaning as the term ``small 
business concern'' under the Small Business Act. 5 U.S.C. 601(3). 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). 15 U.S.C. 632.
    11. The subject rules and policies potentially will apply to all AM 
radio broadcasting licensees and potential licensees, as well as 
licensees and potential licensees of FM translator stations that 
rebroadcast an AM radio broadcasting station as its primary station. A 
radio broadcasting station is an establishment primarily engaged in 
broadcasting aural programs by radio to the public. 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 that are separate 
establishments and are primarily engaged in producing radio program 
material are classified under another NAICS number. The SBA has 
established a small business size standard for this category, which is: 
Firms having $38.5 million or less in annual receipts. 13 CFR 121.201, 
NAICS code 515112 (updated for inflation in 2008). According to the 
BIA/Kelsey, MEDIA Access Pro Database on December 21, 2016, 4,661 
(99.94%) of 4,664 a.m. radio stations have revenue of $38.5 million or 
less. Therefore, the majority of such entities are small entities. We 
note, however, that, in assessing whether a business concern qualifies 
as small under the above definition, business (control) affiliations 
must be included. Our estimate, therefore, likely overstates the number 
of small entities that might be affected by our action, because the 
revenue figure on which it is based does not include or aggregate 
revenues from affiliated companies.
    12. The proposed policies could affect licensees of FM translator 
stations, as well as potential licensees in this radio service. The 
same SBA definition that applies to radio broadcast licensees would 
apply to these stations. The SBA defines a radio broadcast station as a 
small business if such station has no more than $38.5 million in annual 
receipts. Currently, there are approximately 6,962 licensed FM 
translator and booster stations. In addition, there are approximately 
225 applicants with pending applications filed in the 2003 translator 
filing window. Given the nature of these services, we will presume that 
all of these licensees and applicants qualify as small entities under 
the SBA definition.

Description of Projected Reporting, Record Keeping and Other Compliance 
Requirements

    13. As described, the rule change will not result in substantial 
increases in burdens on applicants, and in fact may decrease burdens on 
many applicants by providing additional flexibility in FM translator 
siting. The rule change adopted in the Second R&O is substantive and 
does not involve application changes, reporting requirements, or record 
keeping requirements beyond what is already required.

Steps Taken To Minimize Significant Impact of Small Entities, and 
Significant Alternatives Considered

    14. 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)(1)-(c)(4).
    15. The vast majority of commenters on the FNPRM proposal adopted 
in the Second R&O supported the proposal. Some suggested variations on 
the rule change as proposed; many in particular suggested the 
Commission relax or eliminate the proposed absolute limitation on 
placing an FM translator rebroadcasting an AM station so that its 1 mV/
m contour would not extend farther than 40 miles from the AM station's 
transmitter site. Based on these comments, the Commission declined to 
adopt the absolute 40-mile limitation, thus providing applicants with 
greater flexibility in locating FM translators rebroadcasting AM 
stations, and further minimizing the impact on small entities. 
Additionally, the Commission stated that it will treat applications to 
relocate FM translators, modified during the 2016 modification windows 
for cross-service translators, as minor modification applications as 
long as they comply with the Second R&O and the 250-mile limit set 
forth in the FNPRM in this proceeding. The Commission also reiterated 
its position, taken in the FNPRM, that a waiver of an Auction 83 FM 
translator construction deadline is presumptively in the public 
interest for applicants participating in one of the 2016 modification 
windows, provided that the AM station licensee proposing to use the FM 
translator for rebroadcasting its AM station commits to prompt FM 
translator station construction and initiation of broadcast operations. 
An FM translator acquired to rebroadcast an AM station signal may thus 
apply to extend its construction permit expiration date up to six 
months from the effective date of the Second R&O. These actions enable 
participants in the 2016 modification windows for cross-service 
translators, which as noted above are small entities, to avail 
themselves of the benefits of the relaxed translator siting rule.
    16. Report to Congress. The Commission will send a copy of the 
Second R&O, including this FRFA, in a report to Congress and the 
Government Accountability Office pursuant to the Small Business 
Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 801(a)(1)(a). In 
addition, the Commission will send a copy of the Second R&O, including 
the FRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration. A copy of the Second R&O and FRFA (or summaries 
thereof) will also be published in the Federal Register. See 5 U.S.C. 
604(b).

Ordering Clauses

    17. Accordingly, it is ordered that, pursuant to the authority 
contained in sections 1, 2, 4(i), 303, and 307 of the Communications 
Act of 1934, 47 U.S.C. 151, 152, 154(i), 303, and 307, this Second 
Report and Order is adopted.
    18. It is further ordered that, pursuant to the authority found in 
sections 1, 2, 4(i), 303, and 307 of the Communications Act of 1934, 47 
U.S.C. 151, 152, 154(i), 303, and 307, the Commission's rules are 
hereby amended as set forth in Appendix A to the Second Report and 
Order.
    19. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Second Report and Order, including the Final Regulatory 
Flexibility Act Analysis, to the Chief Counsel for Advocacy of the 
Small Business Administration.
    20. It is further ordered that the Commission shall send a copy of 
this Second Report and Order in a report to be sent to Congress and the 
Government

[[Page 13072]]

Accountability Office pursuant to the Congressional Review Act, see 5 
U.S.C. 801(a)(1)(A).
    21. It is further ordered that the rule change adopted herein, 
which contains new or modified information collection requirements that 
require approval by the Office of Management and Budget (OMB) under the 
Paperwork Reduction Act (PRA), will become effective after the 
Commission publishes a notice in the Federal Register announcing such 
approval and the relevant effective date.

List of Subjects in 47 CFR Part 74

    Communications equipment, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rule

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 74 as follows:

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

0
1. The authority citation for part 74 continues to read as follows:

    Authority:  47 U.S.C. 154, 302a, 303, 307, 309, 336 and 554.


0
2. Section 74.1201 is amended by revising the last two sentences of 
paragraph (g) to read as follows:


Sec.  74.1201  Definitions.

* * * * *
    (g) * * * The coverage contour of an FM translator rebroadcasting 
an AM radio broadcast station as its primary station must be contained 
within the greater of either the 2 mV/m daytime contour of the AM 
station or a 25-mile (40 km) radius centered at the AM transmitter 
site. The protected contour for an FM translator station is its 
predicted 1 mV/m contour.
* * * * *
[FR Doc. 2017-04252 Filed 3-8-17; 8:45 am]
 BILLING CODE 6712-01-P