[Federal Register Volume 85, Number 4 (Tuesday, January 7, 2020)]
[Proposed Rules]
[Pages 649-656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27609]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket Nos. 19-311, 13-249; FCC 19-123; FRS 16313]


All-Digital AM Broadcasting, Revitalization of the AM Radio 
Service

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Federal Communication Commission proposes to amend its 
rules to allow AM broadcasters to use all-digital transmissions. All-
digital AM broadcasting has the potential to provide a more reliable 
and robust radio signal than analog, as well as auxiliary digital 
services.

DATES: Comments may be filed on or before March 9, 2020 and reply 
comments may be filed on or before April 6, 2020. Written comments on 
the Paperwork Reduction Act proposed information collection 
requirements must be submitted by the public, Office of Management and 
Budget (OMB), and other interested parties on or before March 9, 2020.

ADDRESSES: You may submit comments, identified by MB Docket No. 19-311, 
by any of the following methods:
     Federal Communications Commission's Website: http://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
     Mail: 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 the Commission continues to experience 
delays in receiving U.S. Postal Service mail). Commercial overnight 
mail (other than U.S. Postal Service Express Mail and Priority Mail) 
must be sent to 9050 Junction Drive, Annapolis Junction, MD 20743. U.S. 
Postal Service First Class, Express, and Priority mail must be 
addressed to 445 12th Street SW, Washington DC 20554. All filings must 
be addressed to the Commission's Secretary, Office of the Secretary, 
Federal Communications Commission.
     People With Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by email: [email protected] or phone: 202-418-
0530 or TTY: 888-835-5322.

For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: James Bradshaw, Deputy Division Chief, 
Media Bureau, Audio Division (202) 418-2739; Christine Goepp, Attorney 
Advisor, Media Bureau, Audio Division, (202) 418-7834. For additional 
information concerning the Paperwork Reduction Act (PRA) 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 Notice 
of Proposed Rulemaking (NPRM), MB Docket Nos. 19-311, 13-249; FCC 19-
123, adopted on November 22, 2019, and released on November 25, 2019. 
The full text of this document will be available for public inspection 
and copying via ECFS, and during regular business hours at the FCC 
Reference Information Center, Portals II, 445 12th Street SW, Room CY-
A257, Washington, DC 20554. The full text of this document can also be 
downloaded in Word or Portable Document Format (PDF) at http://www.fcc.gov/ndbedp.

Initial Paperwork Reduction Act of 1995 Analysis

    The NPRM in document FCC 19-123 seeks comment on proposed rule 
amendments that may result in modified information collection 
requirements. If the Commission adopts any modified information 
collection requirements, the Commission will publish another notice in 
the Federal Register inviting the public to comment on the 
requirements, as required by the Paperwork Reduction Act, Public Law 
104-13; 44 U.S.C. 3501-3520. In addition, pursuant to the Small 
Business Paperwork Relief Act of 2002, the Commission seeks comment on 
how it might further reduce the information collection burden for small 
business concerns with fewer than 25 employees.

[[Page 650]]

Public Law 107-198; 44 U.S.C. 3506(c)(4).

Synopsis

    1. Currently, the AM broadcasting service suffers from interference 
and reception issues caused in part by increased emissions from various 
consumer electronic devices as well as broadcast sources. As a result, 
many AM stations are constrained to low-fidelity voice formats such as 
talk radio. Under the current rules, AM and FM stations are permitted 
to broadcast using either an analog signal or the hybrid analog and 
digital system licensed by Xperi Corporation under the brand name HD 
Radio. Although many FM stations have converted to hybrid broadcasting, 
various technical and other issues have prevented the widespread 
adoption of hybrid broadcasting by AM stations. Many AM stations 
believe that all-digital broadcasting represents a unique opportunity 
for AM broadcasters to improve their ability to reach the listening 
public and thus may be the single greatest hope for AM revitalization. 
All-digital AM broadcasting has the potential to improve signal 
``robustness''--or resistance to interference and other impairments--as 
well as the ability to transmit auxiliary information to accompany the 
main audio programming.
    2. To test the effectiveness of all-digital AM broadcasting, the 
not-for-profit industry organization NAB Labs (now PILOT) conducted a 
series of AM all-digital performance field tests at nine radio 
stations, followed by laboratory testing of potential all-digital 
interference. These tests were summarized in two technical papers 
presented at the 2015 and 2016 NAB Broadcast Engineering Conference 
Proceedings and are available for review and comment in MB Docket 19-
311. In addition, one AM station, WWFD(AM), Frederick, Maryland, has 
been operating with an all-digital signal under an experimental license 
for more than a year. An analysis of the WWFD experiment was presented 
at the 2019 NAB Broadcast Engineering and Information Technology 
Conference and is available in MB Docket 19-311.
    3. The data on record indicate that all-digital broadcasting has 
the potential to benefit AM stations and their listeners, particularly 
regarding audio quality and listenable signal coverage area. However, 
none of the all-digital test results available to date have been 
evaluated by the National Radio Systems Committee (NRSC), although all-
digital operation is included in NRSC-5-D, an NRSC standard. Moreover, 
the record suggests that there may be certain areas that warrant 
further investigation, such as compliance with applicable power limits 
and the effects of noise on useful all-digital coverage area. 
Therefore, the Commission seeks comment on what additional data, if 
any, would be helpful in evaluating the full benefits and potential 
risks and/or costs of all-digital broadcasting. It invites commenters 
to place any other relevant data or studies that might be or become 
available in the record in this proceeding for public review.
    4. In the NPRM, the Commission proposes to amend the rules to allow 
AM stations to broadcast an all-digital signal using the HD Radio in-
band on-channel (IBOC) mode known as MA3. In the all-digital MA3 mode, 
as opposed to the currently authorized hybrid MA1 mode, there is no 
modulated analog carrier signal (although there is an unmodulated 
center carrier that serves as a reference point for the correct tuning 
and operation of the digital sidebands) and the digital carriers are 
moved toward center frequency with increased power, resulting in a more 
robust digital signal that is less susceptible to adjacent channel 
interference. An analog receiver cannot receive an all-digital MA3 
signal.
    5. Audio quality. The Commission tentatively concludes that all-
digital operation would improve the audio quality of AM broadcasts and 
seeks comment on this conclusion. The Commission notes that, compared 
to hybrid mode, in all-digital mode all the modulated transmitter power 
is dedicated to the digital carriers, in theory resulting in a 
significantly more robust reception even in the presence of a stronger 
analog co-channel signal. The Commission seeks comment on whether the 
data on record establish that all-digital MA3 operation will provide an 
improved, consistently high-quality listener experience and relief from 
interference and other signal impairments. Would all-digital AM 
operation provide better audio quality than analog or hybrid AM 
operation? Would all-digital operation provide listenable signals even 
at relatively low signal strength levels? What is likely to be the 
listener experience at the outer listenable fringes of the all-digital 
signal coverage, particularly where a co-channel signal is encountered? 
Was there a strong co-channel interferer in the WWFD experiment that 
might have affected the range of the listenable signal? How detrimental 
to an all-digital signal would interference from power lines, other 
stations, or other sources be? Are digital receivers better equipped to 
receive a listenable AM signal than their current analog counterparts? 
Would all-digital operation provide AM broadcasters a greater range of 
programming choices, including music formats?
    6. Auxiliary data. The Commission tentatively concludes that all-
digital operation would provide AM broadcasters the opportunity to 
provide additional services such as stereo audio, song and artist 
identification, as well as emergency notifications that include text 
and images (such as missing person photos or emergency evacuation 
maps). However, it notes that NAB Labs did not report on auxiliary data 
transmission and that the WWFD secondary and tertiary carriers--which 
transmit program metadata such as song and artist information--are not 
always reliable. Therefore, the Commission seeks comment on whether 
all-digital operation, as a practical matter, would put AM stations on 
a more level playing field with other broadcast services that can 
broadcast music formats complete with program metadata. It also seeks 
comment on how AM broadcasters might use their additional digital 
capacity in other ways. The Commission asks whether it should provide 
flexibility for AM broadcasters to provide auxiliary services, while 
requiring that all digital broadcasters transmit a single stream of 
free audio programming comparable in audio quality to a standard analog 
broadcast. How are all-digital broadcasters likely to use such 
flexibility? How do hybrid AM broadcasters currently use their 
auxiliary capacity? Are secondary and tertiary digital carriers likely 
to be primarily used for metadata relating to the primary audio 
broadcast or are there other possible applications? Specifically, is 
there the potential in the AM service for future multicast channels?
    7. Signal coverage. The Commission tentatively concludes, based on 
the data on record, that an all-digital signal offers the potential of 
greater useable signal coverage compared to existing AM stations--
whether analog or hybrid. NAB Labs field testing demonstrated reliable 
all-digital daytime reception beyond the subject stations' analog 
predicted 0.5 mV/m contour and generally out to the 0.1 mV/m contour or 
beyond, and nighttime reception generally reliable to or beyond the 
test stations' analog predicted night interference-free (NIF) contours. 
WWFD reports similar results: Reliable signal coverage to its 0.5 mV/m 
predicted contour (including critical hours), with reception up to its 
0.1 mV/m contour under ideal circumstances, with nighttime reception to 
WWFD's NIF

[[Page 651]]

contour. The Commission seeks comment on these test coverage results 
and its tentative conclusion. It also seeks comment on whether to 
monitor whether an individual station's digital coverage corresponds to 
its previous analog coverage, and if not, whether the Commission should 
take steps to ensure that the station's digital coverage is not 
significantly less than its previous analog coverage.
    8. Energy efficiency. The Commission seeks comment on whether all-
digital operation would offer greater energy efficiency and thus 
utility cost savings for AM broadcasters. How much power would an all-
digital AM HD Radio system use compared to analog AM? Would all-digital 
operation lower power costs for broadcasters compared to analog or 
hybrid coverage of the same area?
    9. Spectrum efficiency. The Commission tentatively concludes that 
all-digital operation would help realize the full potential of digital 
technology for spectrum efficiency and seeks comment on this 
conclusion. Within the current AM spectrum allocations and analog 
emissions mask, all-digital transmission may use 10 or 20 kHz of 
bandwidth, depending on configuration. The Commission seeks comment on 
the spectrum efficiency of the all-digital mode of HD Radio 
transmission and the implications of using the current 20 kHz AM 
channel assignments in all-digital mode.
    10. Interference. The Commission seeks comment on whether all-
digital operation fits within the existing framework for interference 
protection or whether there are concerns unique to all-digital 
broadcasting that should be accounted for in the Commission's rules 
governing both groundwave and skywave protection of AM stations. A 
number of commenters express concern that all-digital operation could 
cause interference to co- and adjacent-channel analog stations. In this 
respect, the Commission observes that an all-digital signal has fewer 
emissions at the outer limits of the occupied bandwidth and therefore 
should present fewer interference concerns in general than the hybrid 
mode. It seeks comment on this determination.
    11. The Commission tentatively concludes that co-channel 
interference is more of a concern with all-digital broadcasting than 
adjacent channel interference. By design, all-digital AM is less likely 
to cause interference to adjacent channel signals than hybrid 
operation, due to the relocation of the digital carriers to the center 
of the channel. The Commission tentatively agrees with NAB Labs that 
all-digital operation is not likely to create additional interference 
to adjacent channel signals. It seeks comment on this tentative 
conclusion and on the likelihood of all-digital adjacent channel 
interference. Would all-digital operation cause less adjacent-channel 
interference than hybrid operation?
    12. The Commission seeks comment on co-channel interference and 
asks for comments addressing the co-channel interference studies 
conducted by NAB Labs. This testing indicated that all-digital 
interference typically degrades analog signal-to-noise ratios 
approximately 10.5 dB more than an equal amount of analog interference. 
However, the NAB Labs field testing of one subject station, WSWW, 
indicated that impairment to analog co-channel stations was essentially 
equivalent irrespective of whether WSWW was operating with an analog or 
an all-digital AM signal. The Commission seeks comment on these lab 
results and on the potential impact of all-digital signals on co-
channel analog stations both in and outside their protected contours.
    13. The Commission notes that when it authorized hybrid operations, 
it accepted a certain amount of interference potential (in that case, 
mostly adjacent-channel) outside other stations' protected contours in 
return for the benefits of digital operation. It asks whether this 
reasoning apply equally to the potential for co-channel interferences 
as a result of all-digital operation.
    14. The Commission seeks comment on ways to minimize the likelihood 
of co-channel interference from all-digital stations and to resolve 
impermissible interference if it occurs. For currently-authorized AM 
hybrid stations, if interference is anticipated or occurs, the licensee 
may adjust the power level of the primary digital subcarriers downward 
by as much as 6 dB. If actual interference occurs within another 
station's protected service contour and the respective licensees are 
unable to reach agreement on a voluntary power reduction, the 
Commission staff may order power reductions for the primary digital 
carriers or, in extreme cases, termination of IBOC operation. Is this 
streamlined procedure effective; and, if so, should it govern claims of 
all-digital interference within the protected contours of the affected 
station? Should the Commission consider adopting additional protections 
and/or complaint procedures to allow affected stations to object to 
all-digital interference even outside their protected contours? How can 
it best gather information regarding instances of excessive 
interference if a future power reduction is required? What is the 
appropriate balance between protecting reception of analog stations 
outside their protected contours and maximizing all-digital coverage?
    15. The Commission seeks comment on the potential of digital-to-
digital interference, including whether co-channel interference would 
be reduced if all AM stations became digital. It also seeks comment on 
whether the increased power and bandwidth occupancy of the digital 
carriers might affect adjacent channel digital transmissions. What 
would be the impact of all-digital stations on hybrid stations? Would 
all-digital operation be more likely to affect co-channel all-digital 
stations but not adjacent hybrid stations?
    16. Finally, the Commission seeks comment on whether to allow AM 
all-digital operation at night. It notes that the Commission did not 
initially approve nighttime hybrid broadcasting due to the increased 
potential for interference through skywave propagation. NAB Labs did 
not evaluate potential nighttime interference by all-digital stations; 
however, it determined that all-digital nighttime reception was 
reliable to or beyond most test stations' analog predicted NIF 
contours. In addition, WWFD's experimental license authorizes it to 
operate at night. The Commission seeks comment on the effects of 
nighttime skywave on interference among multiple MA3 all-digital 
signals and between digital and analog co-channel signals. How would 
all-digital operation affect potential interference caused by skywave 
propagation? What additional study and testing might be needed to 
assess AM all-digital performance under nighttime propagation 
conditions?
    17. Operating rules. The Commission tentatively concludes that: (1) 
The allowed operating power (nominal power) limits for AM stations, as 
set out in 47 CFR 73.21 and in individual station authorizations, 
should be applied to the unmodulated analog carrier signal for all-
digital AM stations; and (2) the emissions mask specified by HD Radio 
(HD Radio Emissions Mask), which is incorporated by reference into the 
NRSC-5-D Standard, should determine the allowable power for the digital 
sidebands. It seeks comment on this tentative conclusion, stating that 
this approach minimizes the interference potential of all-digital 
stations by limiting an all-digital station's unmodulated carrier to 
the same maximum power levels as hybrid and analog stations and 
ensuring that its digital emissions will not exceed the existing analog 
emissions mask. The HD

[[Page 652]]

Radio Emissions Mask is designed to conform to the analog AM emission 
mask specified in 47 CFR 73.44, which is integrally related to the 
Commission's allocations rules, which in turn rest on certain 
assumptions concerning tradeoffs between coverage and interference. The 
Commission asks whether reliance on the HD Radio Emissions Mask for 
digital sidebands would preserve its existing allocations priorities. 
Should the Commission adjust all-digital power limits in an effort to 
replicate existing analog coverage, and if so, what would be the 
appropriate power levels? If it were to adjust such power limits, how 
would that impact other stations, including analog and hybrid stations? 
The Commission explains that protected service contours reflect a 
balance between providing adequate service areas for each station and 
maximizing the potential number of station assignments. How should this 
balance be struck as the AM service transitions to an all-digital 
environment? Would a change in nominal power limits encourage or 
discourage digital adoption?
    18. The Commission seeks comment on the ability of all-digital 
stations to comply with the proposed emissions mask requirements. The 
nine radio stations that NAB Labs tested in all-digital mode had some 
difficulty meeting the HD Radio Emissions Mask limits. For this reason, 
NAB Labs suggests that a possible future study regarding emissions 
compliance could be appropriate. The Commission seeks comment on 
whether these compliance issues also implicate the test stations' 
ability to comply with 47 CFR 73.44. In general, are there specific 
characteristics of all-digital AM operation, particularly using 
existing AM facilities, that pose challenges to emissions mask 
compliance, and if so, how should these issues be approached?
    19. The Commission seeks comment on the advisability of mandating 
compliance with the HD Radio Emissions Mask, given that the NRSC has 
not evaluated it and the NAB Labs testing indicated that all-digital 
stations might have difficulty complying with it. The Commission asks 
whether it should wait to approve all-digital operation until the HD 
Radio Emissions Mask as it relates to MA3 all-digital operation has 
been evaluated and/or formally endorsed by the NRSC.
    20. Finally, the Commission seeks comment on how signal power 
should best be measured in all-digital broadcasting mode, for the 
purposes of compliance with 47 CFR 73.44, 73.51, 73.1590, and the HD 
Radio Emissions Mask. What procedures and equipment would give the most 
accurate results? Should the Commission specify what types of 
measurements will be acceptable to demonstrate compliance with the 
Commission's rules? Due to the peak-to-average ratio of the MA3 mode, 
which is significantly higher than that of standard amplitude 
modulation, the power level meter on some transmitters may not read 
accurately. Do the majority of digital transmitters include measurement 
tools capable of accurately monitoring compliance with the proposed 
operating power and emissions mask limitations?
    21. The Commission tentatively concludes that it should impose a 1 
Hz carrier frequency tolerance standard on AM stations to improve all-
digital reception. NAB Labs reports that undesired analog signals that 
are further off-frequency (e.g., 2 and 5 Hz) were found to have a 
greater impact on the all-digital signal. In contrast, if desired and 
undesired carriers are locked or within 1 Hz of one another, the 
undesired analog signal amplitude can be as great as 6 dB less than the 
desired all-digital signal before any degradation is detected in the 
digital audio signal. The proposed standard is a significant 
improvement over the current 26 dB desired-to-undesired (D/U) 
interference standards for analog AM. The Commission seeks comment on 
the proposed benefits and feasibility of a 1 Hz carrier frequency 
tolerance standard. What would be the burden for existing analog AM 
stations to comply with the stricter frequency tolerance standard as 
proposed?
    22. The Commission proposes that any station commencing all digital 
operation must inform the Commission using substantially the same 
notification procedure currently applicable to hybrid operations (i.e., 
electronically filing an FCC Form 335-AM within ten days of commencing 
all-digital operation). It seeks comment on this proposal. The 
Commission tentatively concludes that it should likewise be notified 
when an all-digital station reverts to analog operation, because--
unlike a hybrid station simply dropping the digital portion of its 
signal--conversion from all-digital to analog operation would introduce 
a new signal that was previously absent. It seeks comment on this 
tentative conclusion.
    23. The Commission tentatively concludes that all-digital AM 
stations should be subject to the 47 CFR 73.1250 requirement for all 
free digital stations to participate in the nationwide emergency alert 
system (EAS). As noted above, all-digital stations are anticipated to 
cover the same broadcast area with a clearer, more listenable signal--
including during emergencies--and will be required to broadcast EAS 
alerts. Nonetheless, analog-only listeners would only receive EAS 
alerts from local stations that broadcast an analog signal. The 
Commission seeks comment on the effect of a voluntary transition to 
all-digital broadcasting on the EAS system and how best to maximize 
consumer access to emergency information if local AM stations are 
allowed to convert to all-digital broadcasting.
    24. The Commission seeks comment on the effect of all-digital 
operations on travelers' information stations (TIS, also called highway 
advisory radio), which are operated by some state or local governments 
to disseminate local traffic and weather advisories. TIS facilities are 
limited to a 10-watt transmitter output power, antenna height no 
greater than 15 meters, and a coverage radius of 3 km. What would the 
effect of all-digital operation be on the TIS service?
    25. The Commission notes that, in general, radio stations operating 
in a digital format must comply with the service rules and public 
interest obligations applicable to analog stations, such as rules 
relating to station logs, public file, political broadcasting, 
contests, sponsorship identification, and so on. It asks whether there 
any service, programming, operational, or technical rules applicable to 
digital services generally that should be reconsidered or modified for 
all-digital operation. AM stations are currently authorized to operate 
with the hybrid AM IBOC system as tested by the NRSC. Other than the HD 
Radio Emissions Mask, are there other technical aspects to the NRSC-5-D 
Standard that should be re-examined for all-digital operation?
    26. Incorporation by reference. The Commission proposes to adopt 
the NRSC-5-D standard for all digital stations, hybrid as well as all-
digital. In accordance with the Office of the Federal Register 
requirements for any document that is to be incorporated by reference, 
it accordingly summarizes and indicates the availability of the NRSC-5-
D standard as follows. The NRSC-5-D standard provides technical 
specifications for IBOC transmission systems. It includes various IBOC 
transmission system characteristics and transport and service multiplex 
characteristics, including the HD Radio emissions masks and other 
technical specifications, which are in turn incorporated by reference. 
The NRSC-5-D standard is free and available to the public at https://
www.nrscstandards.org/standards-and-guidelines/documents/standards/
nrsc-5-

[[Page 653]]

d/nrsc-5-d.pdf. Adoption of the NRSC-5-D standard would codify the 
existing de facto technical parameters for hybrid and all-digital IBOC 
operation and thus provide greater operational and business certainty 
to both broadcasters and equipment manufacturers. The Commission does 
not anticipate that adoption of the NRSC-5-D standard will change, for 
practical purposes, the technical guidelines applicable to AM and FM 
hybrid stations or require stations to change their operations in any 
way. It seeks comment on this proposal.
    27. Conversion Costs and Receiver Availability. The Commission 
tentatively concludes that the costs of conversion to all-digital, 
while variable by station, do not appear to be prohibitive and 
emphasizes that such costs will be entirely voluntary. At present, 
Xperi charges a one-time licensing fee of around $10,000 for single 
main channel broadcasting and additional annual fees based on a 
percentage of revenues for each additional subchannel. The Commission 
seeks comment on the licensing costs of the HD Radio system and whether 
this fee presents an obstacle to the adoption of all-digital 
broadcasting. Are HD Radio license fees a disproportionate burden on 
smaller broadcasters? The Commission also asks commenters to provide 
any relevant experience with Xperi in licensing the required 
technology. It also invites comment on the cost and availability of 
digital transmission equipment. Has the average cost of acquiring the 
equipment and licensing to convert to digital operation, in total, gone 
down in the years since adoption?
    28. The Commission observes that the WWFD conversion process was 
technically challenging and that WWFD continues to experience 
transmitter issues that prevent full use of the secondary and tertiary 
digital carriers. Therefore, it asks how likely it is that AM 
broadcasters, particularly early adopters, will encounter similar 
technical obstacles. What technical support will be available to 
converting AM broadcasters and/or their engineering consultants? Is 
extensive site rehabilitation likely to be necessary for other 
(particularly older) AM facilities? If so, what level of expertise and 
expense is likely to be required to duplicate the WWFD experiment? On 
the other hand, will some legacy AM antenna systems that are unable to 
pass digital carriers in the MA1 mode be capable of doing so using MA3?
    29. Also factored into the cost of conversion borne by any station 
opting to go all-digital is any loss of existing analog listeners who 
do not either migrate to an associated translator or acquire an all-
digital receiver. In the case of WWFD, this loss was minimized by 
migrating most listeners to an FM channel, converting the AM station to 
all-digital, and then promoting the all-digital AM signal on the FM 
translator. Currently, over half of AM stations have FM translators. 
The Commission invites comment on whether the acquisition of FM 
translators resulting from the AM Revitalization proceeding will allow 
AM broadcasters greater freedom to experiment with their AM signals as 
with WWFD. If successful, would a transition to all-digital AM ease the 
industry pressure to enhance protections for FM translators despite 
their well-established status as a secondary service? The Commission 
also seeks comment on whether all-digital translator rebroadcasting or 
digital synchronous booster stations would further improve the 
reliability and coverage of MA3 signals.
    30. The Commission seeks comment on its conclusion that a voluntary 
conversion process would allow each AM broadcaster to make the 
determination whether to assume the associated risks and expenses based 
on their own assessment of the state of the individual market and the 
future viability of their analog AM signal. It notes that adoption of 
the hybrid HD Radio system by AM broadcasters has been relatively 
lukewarm compared to FM, with fewer than 250 a.m. stations broadcasting 
in hybrid mode. This low rate of hybrid adoption is due to multiple 
factors, including reception issues with the hybrid analog signals, 
limited signal robustness and reception range caused by the relatively 
low amplitude of the digital sidebands in relation to the analog 
carrier, and adjacent channel interference caused by the wider 
bandwidth of hybrid signals. In addition, the hybrid mode is more 
likely to require replacement of the entire antenna system than all-
digital. The Commission seeks comment on the technical and economic 
factors that might encourage more widespread adoption of all-digital 
broadcasting within the AM service.
    31. The Commission seeks comment on the overall readiness of AM 
listeners to transition to digital broadcasting. To determine the 
overall likelihood of successful AM conversion to all-digital, it seeks 
additional comment on the degree of market penetration of digital 
receivers nationwide, including car and portable receivers, as well as 
information regarding the quality and cost of such receivers. Are 
portable (non-vehicle) HD receivers readily available and affordable? 
How many HD Radio receivers that have been sold in the past are 
currently still in operation?
    32. The Commission seeks comment on the impact that stations 
converting to all-digital operations could have on listeners with 
analog-only receivers. What is the estimated size of this audience, and 
their estimated frequency of use of such receivers? In a market with 
very few stations, a single station's conversion to all-digital could 
reduce options for analog-only listeners. The Commission thus seeks 
comment on whether preserving the long-term economic viability of an AM 
station and the public benefit of improved service to some listeners 
would justify the present-day loss of service to other listeners. What 
steps, if any, could the Commission or broadcast industry take to 
minimize service disruption and the impact of all-digital conversion on 
consumers? For example, should it require a station converting to all-
digital to notify its listeners that it will be converting to all 
digital and additional information such as when the transition will 
take place, what the new service area will be, and what type of 
receiver will be necessary to continue receiving broadcasts from that 
station? If so, what should be the timing and frequency of such on-air 
announcements? Are there any analogies from other broadcast transitions 
that would be instructive in this regard?
    33. The Commission seeks comments on the costs and benefits 
associated with this proposal, as well as the costs and benefits of any 
other alternative approaches to addressing the issues raised in this 
NPRM. To the extent possible, commenters should quantify the claimed 
costs and benefits and provide supporting information. The Commission 
also asks for comment on the effect of these proposals on AM 
broadcasters that are small entities and seek comment as to 
alternatives that would minimize burdens on such small entities.

Comments and Reply Comments

    34. Filing Requirements.--Comments and Replies. Pursuant to 47 CFR 
1.415 and 1.419, interested parties may file comments and reply 
comments on or before the dates indicated in the DATES section of this 
notice. Comments may be filed using the Commission's Electronic Comment 
Filing System (ECFS). See Electronic Filing of Documents in Rulemaking 
Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the internet by accessing the ECFS: http://apps.fcc.gov/ecfs/.

[[Page 654]]

     Paper Filers: Parties who choose to file by paper must 
file an original and one copy of each filing. If more than one docket 
or rulemaking number appears in the caption of this proceeding, filers 
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. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     All hand-delivered or messenger-delivered paper filings 
for the Commission's Secretary must be delivered to FCC Headquarters at 
445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours 
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together 
with rubber bands or fasteners. Any envelopes and boxes 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 9050 Junction Drive, 
Annapolis Junction, MD 20743.
     U.S. Postal Service First Class, Express, and Priority 
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
    35. People with Disabilities. 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 & Government Affairs Bureau at 202-418-0530 (voice), 202-418-
0432 (tty).
    36. Availability of Documents. Comments, reply comments, and ex 
parte submissions will be available for public inspection during 
regular business hours in the FCC Reference Center, Federal 
Communications Commission, 445 12th Street SW, CY-A257, Washington, DC 
20554. These documents will also be available via ECFS. Documents will 
be available electronically in ASCII.

Procedural Matters

Ex Parte Rules

    37. This proceeding shall be treated as a ``permit-but-disclose'' 
proceeding in accordance with the Commission's ex parte rules, 47 CFR 
1.1200 et seq. Persons making ex parte presentations must file a copy 
of any written presentation or memorandum summarizing any oral 
presentation within two business days after the presentation (unless a 
different deadline applicable to the Sunshine Period applies). Persons 
making oral ex parte presentations are reminded that memoranda 
summarizing the presentation must (1) list all persons attending or 
otherwise participating in the meeting at which the ex parte 
presentation was made, and (2) summarize all data presented and 
arguments made during the presentation. If the presentation consisted 
in whole or in part of the presentation of data or arguments already 
reflected in the presenter's written comments, memoranda or other 
filings in the proceeding, the presenter may provide citations to such 
data or arguments in his or her prior comments, memoranda, or other 
filings (specifying the relevant page and/or paragraph numbers where 
such data or arguments can be found) in lieu of summarizing them in the 
memorandum. Documents shown or given to the Commission staff during ex 
parte meetings are deemed to be written ex parte presentations and must 
be filed consistent with 47 CFR 1.1206(b). In proceedings governed by 
47 CFR 1.49(f) or for which the Commission has made available a method 
of electronic filing, written ex parte presentations and memoranda 
summarizing oral ex parte presentations, and all attachments thereto, 
must be filed through the electronic comment filing system available 
for that proceeding, and must be filed in their native format (e.g., 
.doc, .xml, .ppl, searchable .ppl). Participants in this proceeding 
should familiarize themselves with the Commission's ex parte rules.

Initial Regulatory Flexibility Analysis

    38. 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 a substantial number of small entities by the policies proposed in 
the Notice of Proposed Rulemaking (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 on the first page of the NPRM. The Commission will send a copy 
of this entire NPRM, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration (SBA). 5 U.S.C. 603(a). 
In addition, the NPRM and the IRFA (or summaries thereof) will be 
published in the Federal Register.

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

    39. The Commission initiates this rulemaking proceeding to obtain 
comments regarding its proposal to allow AM broadcasters to broadcast 
an all-digital signal using the HD Radio in-band-on-channel (IBOC) mode 
known as MA3. Specifically, the Commission seeks comment on the 
following issues relating to all-digital operation: (1) Audio quality 
and signal coverage; (2) digital carrier power limits and emissions 
mask compliance; (3) interference potential; (4) spectrum efficiency 
and auxiliary digital services; (5) conversion costs and procedures; 
(6) availability of digital receivers and industry demand for digital 
broadcasting; (7) emergency alert and travelers' information systems; 
(8) adoption of the NRSC-5-D Standard for digital broadcasting; and (9) 
a stricter carrier frequency tolerance standard for all AM stations. 
The new rules proposed are designed to improve the economic viability 
of many AM stations by providing the option to convert to all-digital 
broadcasting, including an improved audio signal and the ability to 
provide other digital information to consumers. This option is seen as 
a natural outgrowth of the fact that--due to the AM Revitalization 
proceeding--more than half of AM stations are now able to reach their 
traditional analog audience by means of an FM translator.

B. Legal Basis

    40. The proposed action is authorized pursuant to sections 1, 4(i), 
4(j), 301, 303, 307, 308, 309, and 316 of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 301, 303, 307, 308, 
309, and 316.

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

    41. 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.'' 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. 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 SBA. The rules

[[Page 655]]

proposed herein will directly affect small television and radio 
broadcast stations. Below, we provide a description of these small 
entities, as well as an estimate of the number of such small entities, 
where feasible.
    42. Radio Stations. This Economic Census category ``comprises 
establishments primarily engaged in broadcasting aural programs by 
radio to the public.'' The SBA has created the following small business 
size standard for this category: Those having $41.5 million or less in 
annual receipts. Census data for 2012 show that 2,849 firms in this 
category operated in that year. Of this number, 2,806 firms had annual 
receipts of less than $25 million, and 43 firms had annual receipts of 
$25 million or more. Because the Census has no additional 
classifications that could serve as a basis for determining the number 
of stations whose receipts exceeded $41.5 million in that year, we 
conclude that the majority of radio broadcast stations were small 
entities under the applicable SBA size standard.
    43. Apart from the U.S. Census, the Commission has estimated the 
number of licensed commercial AM radio stations to be 4,406 and the 
number of commercial FM radio stations to be 6,726 for a total number 
of 11,132, along with 8,126 FM translator and booster stations. This 
number is derived from subtracting the total number of noncommercial 
educational AM stations (204) from the total number of licensed AM 
stations (4610). As of September 2019, 4,294 a.m. stations and 6,739 FM 
stations had revenues of $41.5 million or less, according to Commission 
staff review of the BIA Kelsey Inc. Media Access Pro Television 
Database (BIA). In addition, the Commission has estimated the number of 
noncommercial educational FM radio stations to be 4,179. NCE stations 
are non-profit, and therefore considered to be small entities. 
Therefore, we estimate that the majority of radio broadcast stations 
are small entities.

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

    44. The NPRM proposes to adopt new rules to permit AM stations to 
broadcast using an all-digital signal. Such operation will be entirely 
voluntary. Stations converting to all-digital operation would be 
required to notify the Commission of the commencement of such operation 
by filing existing Form 335-AM (currently used to report commencement 
of hybrid operations). In the NPRM, the Commission also seeks comment 
on a complaint procedure for all-digital operation substantially 
similar to the existing procedure for hybrid stations. Because the type 
of information to be filed (i.e., information required to be included 
in notifications) is already familiar to broadcasters, the additional 
paperwork burdens would be minimal.

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

    45. 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.
    46. In the NPRM, the Commission proposes to allow AM stations to 
broadcast using all-digital transmissions. This proposal offers the 
flexibility to AM licensees, many of whom are small entities, to assess 
their own market and resources to decide what form of transmission, 
analog or digital, would work best for them. If an AM station chooses 
to continue broadcasting in analog mode, no further reporting or 
compliance steps are required. Should a licensee opt to broadcast using 
an all-digital signal, no prior approval by the Commission is needed. 
Rather, the all-digital station licensee must file a notification 
within 10 days of the commencement of all-digital operation. This 
notification uses an existing form and can be submitted online. 
Therefore, the burden on small entities will be minimal. Alternatives 
considered by the Bureau include retaining the existing rules, under 
which no all-digital operation is permitted. The Commission seeks 
comment on the effect of the proposed rule changes on all affected 
entities, including the cost and potential technical difficulties of 
all-digital conversion. The Commission is open to consideration of 
alternatives to the proposals under consideration, including but not 
limited to alternatives that will minimize the burden on AM 
broadcasters, many of whom are small businesses.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rule

    47. None.

Ordering Clauses

    48. Accordingly, it is ordered that, pursuant to the authority 
contained in section 1.407 of the Commission's rules, 47 CFR 1.407, the 
Petition for Rulemaking filed by Bryan Broadcasting Corporation is 
granted to the extent specified herein.
    49. It is further ordered that, pursuant to the authority contained 
in Sections 1, 4(i), 4(j), 301, 303, 307, 308, 309, 316, and 319 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i), 154(j), 
301, 303, 307, 308, 309, 316, and 319, this Notice of Proposed 
Rulemaking is adopted.
    50. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of 
the Small Business Administration.

List of Subjects in 47 CFR Part 73

    Radio, Reporting and recordkeeping requirements, Incorporation by 
reference.

Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.

Proposed Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 73 as follows:

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 
336, 339.

0
2. In Sec.  73.402, add paragraph (h) to read as follows:


Sec.  73.402  Definitions.

* * * * *
    (h) All-digital AM station. An AM station broadcasting an IBOC 
waveform that consists solely of digitally modulated subcarriers and 
the unmodulated AM carrier.
0
3. In Sec.  73.403, revise paragraph (a) to read as follows:


Sec.  73.403  Digital audio broadcasting service requirements

    (a) Broadcast radio stations using IBOC must transmit at least one 
over-the-air digital audio programming stream at no direct charge to 
listeners.

[[Page 656]]

In addition, a hybrid broadcast radio station must simulcast its analog 
audio programming on one of its digital audio programming streams. The 
DAB audio programming stream that is provided pursuant to this 
paragraph must be at least comparable in sound quality with a standard 
analog broadcast.
* * * * *
0
4. Revise Sec.  73.404 to read as follows:


Sec.  73.404  IBOC DAB operation.

    (a) The licensee of an AM or FM station, or the permittee of a new 
AM or FM station which has commenced program test operation pursuant to 
Sec.  73.1620, may commence interim hybrid IBOC DAB operation with 
digital facilities which conform to the technical specifications 
specified for hybrid DAB operation in the First Report and Order in MM 
Docket No. 99-325, as revised in the Media Bureau's subsequent Order in 
MM Docket No. 99-325. In addition, the licensee of an AM station, or 
the permittee of a new AM station that has commenced program test 
authority pursuant to Sec.  73.1620, may commence all-digital IBOC 
operation with digital facilities that conform to the requirements set 
out in the First Report and Order in MB Docket No. 19-311 and MB Docket 
No. 13-249. An AM or FM station may transmit IBOC signals during all 
hours for which the station is licensed to broadcast.
    (b) In situations where interference to other stations is 
anticipated or actually occurs, hybrid or all-digital AM licensees may, 
upon notification to the Commission, reduce the power of the primary 
DAB sidebands by up to 6 dB. Any greater reduction of sideband power 
requires prior authority from the Commission via the filing of a 
request for special temporary authority or an informal letter request 
for modification of license.
    (c) Hybrid IBOC AM stations must use the same licensed main or 
auxiliary antenna to transmit the analog and digital signals.
    (d) FM stations may transmit hybrid IBOC signals in combined mode; 
i.e., using the same antenna for the analog and digital signals; or may 
employ separate analog and digital antennas. Where separate antennas 
are used, the digital antenna:
    (1) Must be a licensed auxiliary antenna of the station;
    (2) Must be located within 3 seconds latitude and longitude from 
the analog antenna;
    (3) Must have a radiation center height above average terrain 
between 70 and 100 percent of the height above average terrain of the 
analog antenna.
0
5. Add Sec.  73.405 to subpart C to read as follows:


Sec.  73.405  Digital Audio Broadcasting Standard

    Unless expressly authorized otherwise, all DAB stations must 
conform to the technical specifications set out in the NRSC-5-D In-
band/on-channel Digital Radio Broadcasting Standard (Apr. 2017) 
(incorporated by reference, see Sec.  73.8000).
0
6. Add Sec.  73.406 to subpart C to read as follows:


Sec.  73.406  Notification.

    Licensees must provide notification to the Commission in 
Washington, DC, within 10 days of commencing IBOC digital operation or 
reverting from all-digital to analog operation.
    (a) Every digital notification must include the following 
information:
    (1) Call sign and facility identification number of the station;
    (2) Date on which IBOC operation commenced;
    (3) Name and telephone number of a technical representative the 
Commission can call in the event of interference;
    (4) A certification that the operation will not cause human 
exposure to levels of radio frequency radiation in excess of the limits 
specified in Sec.  1.1310 of this chapter and is therefore 
categorically excluded from environmental processing pursuant to Sec.  
1.1306(b) of this chapter. Any station that cannot certify compliance 
must submit an environmental assessment (``EA'') pursuant to Sec.  
1.1311 of this chapter and may not commence IBOC operation until such 
EA is ruled upon by the Commission.
    (b) Every AM digital notification must also include the following 
information:
    (1) Certification that the IBOC DAB facilities conform to the NRSC-
5-D standard.
    (2) Transmitter power output; if separate analog and digital 
transmitters are used, the power output for each transmitter;
    (3) If applicable, any reduction in an AM station's primary digital 
carriers;
    (c) Every FM digital notification must also include the following 
information:
    (1) Certification that the IBOC DAB facilities conform to the NRSC-
5-D standard;
    (2) FM digital effective radiated power used and certification that 
the FM analog effective radiated power remains as authorized;
    (3) If applicable, the geographic coordinates, elevation data, and 
license file number of the auxiliary antenna employed by an FM station 
as a separate digital antenna;
    (4) If applicable, for FM systems employing interleaved antenna 
bays, a certification that adequate filtering and/or isolation 
equipment has been installed to prevent spurious emissions in excess of 
the limits specified in Sec.  73.317;
0
7. In Sec.  73.1545, revise paragraph (a) to read as follows:


Sec.  73.1545  Carrier frequency departure tolerances.

    (a) AM stations. The departure of the carrier frequency for 
monophonic transmissions or center frequency for stereophonic 
transmissions may not exceed 1 Hz from the assigned 
frequency.
* * * * *
0
8. In Sec.  73.8000, revise the last sentence of paragraph (a) and add 
paragraph (e) to read as follows:


Sec.  73.8000  Incorporation by reference.

    (a) * * * For information on the availability of this material at 
NARA, email [email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *
    (e) The National Radio Systems Committee, Principal Contacts: David 
Layer, [email protected], (202) 429-5339 and Mike Bergman, 
[email protected], (703) 907-4366, www.nrscstandards.org/standards-and-guidelines/standards-and-guidelines.asp.
    (1) NRSC-5-D In-band/on-channel Digital Radio Broadcasting Standard 
(Apr. 2017).
    (2) [Reserved].

[FR Doc. 2019-27609 Filed 1-6-20; 8:45 am]
 BILLING CODE 6712-01-P