[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Rules and Regulations]
[Pages 15339-15344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05684]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[MB Docket No. 21-263; FCC 22-13; FR ID 76380]


Broadcast Radio Technical Rules

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Federal Communication Commission (Commission or FCC) 
amends the rules applicable to broadcast radio stations to better 
reflect current requirements and eliminate redundant, outdated, or 
conflicting technical provisions.

DATES: Effective April 18, 2022.

FOR FURTHER INFORMATION CONTACT: James Bradshaw, Deputy Division Chief, 
Media Bureau, Audio Division (202) 418-2739, [email protected]; 
Christine Goepp, Attorney Advisor, Media Bureau, Audio Division, (202) 
418-7834, [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (R&O), MB Docket No. 21-263, FCC 22-13, adopted on February 
16, 2022, and released on February 17, 2022. The full text of the R&O 
will be available electronically via the FCC's Electronic Document 
Management System (EDOCS) website at www.fcc.gov/edocs or via the FCC's 
Electronic Comment Filing System (ECFS) website at www.fcc.gov/ecfs. 
The Commission published the notice of proposed rulemaking (NPRM) at 86 
FR 43145 on August 6, 2021.

Synopsis

    1. The Federal Communication Commission amends the following rules 
applicable to broadcast radio stations to better reflect current 
requirements and eliminate redundant, outdated, or conflicting 
technical provisions.
    2. Maximum rated transmitter power for AM stations. The Commission 
amends 47 CFR 73.1665(b) to remove the maximum rated transmitter power 
limit for AM stations and deletes the corresponding ``Table 1 to 
paragraph (b).'' This equipment limitation on potential transmitter 
power is outdated and unnecessary given the Commission's current 
reliance on actual operating antenna input power as the most accurate 
and effective means of ensuring that AM stations adhere to their 
authorized power limits. The Commission anticipates that elimination of 
this technical restriction on AM transmitters will allow AM stations of 
any class to use transmitters of any rated power, thus benefiting the 
AM service by broadening the market of transmitters available to 
stations, enhancing the secondary market for AM transmitters, and 
reducing the number of transmitters that need to be disposed of. 
Accordingly, it amends 47 CFR 73.1665(b) by removing the maximum rated 
transmitter power for AM stations, deletes the ``Table 1 to paragraph 
(b),'' and replaces ``power rating limit'' in the first sentence with 
``manufacturer-rated power limit'' to indicate that this is a technical 
specification established by the transmitter manufacturer.
    3. Noncommercial Educational (NCE) community of license coverage. 
The Commission eliminates the inconsistency between 47 CFR 
73.316(c)(2)(ix)(B) and 73.1690(c)(8)(i) and the NCE FM community 
coverage standard set out in 47 CFR 73.515. Specifically, it amends

[[Page 15340]]

Sec. Sec.  73.316(c)(2)(ix)(B) and 73.1690(c)(8)(i) to conform to the 
updated standard that NCE applicants must show that their predicted 60 
dBu contour will cover at least 50% of the relevant community of 
license or reach 50% of the population within the community.
    4. FM transmitter interference to nearby antennas. The Commission 
declines to eliminate the proximate interference rule, 47 CFR 
73.316(d), on the basis of industry feedback. However, it correct a 
typographical error in this rule by replacing the word ``approximate'' 
with ``proximate.''
    5. NCE FM Class D second-adjacent channel interference ratio. The 
Commission amends 47 CFR 73.509(b), which sets out signal strength 
contour overlap requirements for NCE FM Class D stations, to harmonize 
with the more permissive standard applied to all other NCE-FM stations. 
The Commission states that the less restrictive requirements have 
proven effective for other station classes and that there is no reason 
to continue treating Class D stations differently in this context. 
Although this distinction was originally designed to accommodate the 
establishment of the low power FM (LPFM) service, because the LPFM 
service is now mature, it is appropriate to extend the general contour 
overlap limits to Class D NCE stations. The Commission anticipates that 
the less preclusive requirement will create opportunities for NCE 
stations to increase power and coverage, as well as provide them with 
greater site selection flexibility. Accordingly, it amends 47 CFR 
73.509(b) as set out in the final rules and makes non-substantive and 
formatting edits to the table contained in 47 CFR 73.509(a).
    6. Protection for grandfathered common carriers in Alaska in the 
76-100 MHz band. The Commission deletes 47 CFR 73.501(b), 
74.1202(b)(3), the second sentence of 74.702(a)(1), and the second 
sentence of 74.786(b), all containing similar language requiring 
broadcast services to protect grandfathered common carrier services in 
Alaska operating in the 76-100 MHz frequency band. The Commission 
explains that this requirement is unnecessary and obsolete because the 
Commission's licensing databases indicate that there are no longer any 
common carrier services remaining in this frequency band in Alaska.
    7. AM fill-in area definition. The Commission amends the definition 
of ``AM fill-in area'' set out in 47 CFR 74.1201(j) to conform to the 
requirement in 47 CFR 74.1201(g) that 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.'' This change harmonizes the various rules 
governing fill-in translator transmitter siting and does not affect the 
signal coverage requirement set out in 47 CFR 74.1201(g).
    8. International coordinations. The Commission updates 47 CFR 
73.207(b) and 74.1235(d) to comport with the relevant international 
treaties. Specifically, it updates 47 CFR 73.207(b)(2) and the 
associated table to reflect the spacing requirements set out in the 
1997 amendment to the 1991 U.S.-Canada FM Broadcasting Agreement and to 
reference the contour overlap provisions of section 5.2 of the 
Agreement. The Commission concludes that there is no need to 
grandfather stations that do not meet the new requirements because, at 
the time that the 1997 amendment took effect, the Commission 
coordinated with Canada Table B allotment modifications in accordance 
with the increase of Class A allotments to 6kW and has subsequently 
applied the distance separations set out in the amended 1991 U.S.-
Canada FM Broadcasting Agreement when processing applications for more 
than two decades. The Commission clarifies that no facility 
modifications will be ordered because of the administrative updates to 
the distance separation requirements and that any Class A FM station 
may continue to operate under its licensed parameters. However, any 
application to modify the technical parameters in the station's license 
must include a showing that the proposed facilities satisfy the treaty 
requirements with respect to the Canadian border as set out in amended 
47 CFR 73.207(b)(2).
    9. The Commission also updates 47 CFR 73.207(b)(3) and the 
associated table to reflect the spacing requirements set out in the 
1992 U.S.-Mexico FM Broadcasting Agreement. It clarifies that, for the 
purposes of the table associated with 47 CFR 73.207(b)(3), U.S. Class 
C0 assignments or allotments are considered Class C. In addition, the 
Commission states that the distances in both 47 CFR 73.207(b)(2) and 
(3) are to be calculated using the distance calculation methodology set 
out in the two respective Agreements. Finally, it makes non-substantive 
and formatting edits to all of the minimum distance separation tables 
contained in 47 CFR 73.207(b).
    10. The Commission also updates 47 CFR 74.1235(d) to eliminate 
inconsistent provisions and reflect current treaty requirements 
applicable to FM translators. Specifically, it deletes all of the 
current introductory language of paragraph (d) prior to paragraphs 
(d)(1), (2), and (3). The first sentence of that introductory paragraph 
is inconsistent with the current treaty power limits established in the 
1991 U.S.-Canada FM Broadcasting Agreement, as amended, which are 
already codified in paragraph (d)(3). The remainder of the introductory 
paragraph is inconsistent with the terms of the 1992 U.S.-Mexico FM 
Broadcasting Agreement, which specifies that FM translator stations are 
subject to a contour overlap based spacing methodology and are thus not 
subject to the distance separations of 47 CFR 73.207(b)(3). Finally, 
the reference in that paragraph to a 10-watt transmitter power output 
limitation is a superseded provision originally set out in the U.S.-
Mexican FM Broadcast Agreement of 1972 and is no longer required under 
the current treaty. For these reasons, the Commission deletes all of 
the introductory language of Sec.  74.1235(d) as obsolete.

Paperwork Reduction Act Analysis

    11. This document does not contain proposed new or modified 
information collection requirements subject to the Paperwork Reduction 
Act of 1995 (PRA), Public Law 104-13. In addition, therefore, it does 
not contain any new or modified information collection for small 
business concerns with fewer than 25 employees, pursuant to the Small 
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 
U.S.C. 3506(c)(4).

Final Regulatory Flexibility Analysis

    12. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA), an Initial Regulatory Flexibility Analysis (IRFA) was 
incorporated in the notice of proposed rulemaking (NPRM) to this 
proceeding. The Commission sought written public comment on the 
proposals in the NPRM, including comment on the IRFA. The Commission 
received no comments on the IRFA. This Final Regulatory Flexibility 
Analysis (FRFA) conforms to the RFA.

A. Need for, and Objectives of, the Report and Order

    13. This document adopts several rule changes to better reflect 
current requirements and eliminate redundant, outdated, or conflicting 
provisions. Specifically, the Commission:
     Eliminates the maximum rated transmitter power limit rule 
for AM stations. The Commission finds that an equipment limitation on 
potential

[[Page 15341]]

transmitter power that is established by the transmitter manufacturer 
is outdated and unnecessary given the Commission's current reliance on 
actual operating antenna input power as the most accurate and effective 
means of ensuring that AM stations adhere to their authorized power 
limits.
     Updates several rule provisions containing an obsolete 
noncommercial educational (NCE) FM community of license coverage 
standard to harmonize with the later-adopted, more specific, NCE 
community of license coverage requirement.
     Updates the signal strength contour overlap requirements 
for NCE FM Class D stations to harmonize with the contour overlap 
requirements for all other classes of NCE FM stations. The Commission 
concludes that there is no reason to continue treating Class D stations 
differently in this context and that a less preclusive standard will 
create opportunities for NCE stations to increase power and coverage, 
as well as provide them with greater site selection flexibility.
     Eliminates the requirement for radio broadcast services to 
protect grandfathered common carrier services in Alaska operating in 
the 76-100 MHz frequency band. This requirement is no longer necessary 
as there are no more common carriers in this band in Alaska.
     Harmonizes the definition of an ``AM fill-in area'' set 
out in multiple rule sections. This correction applies the most up-to-
date definition of ``AM fill-in area'' consistently across the relevant 
rules.
     Amends regulations applicable to broadcast stations within 
320 kilometers of the Mexican and Canadian borders to implement the 
most current treaty provisions.
    Amending these rules to accurately reflect current requirements 
will reduce potential confusion and eliminate unnecessary burdens on 
broadcasters.

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

    14. There were no comments to the IRFA filed.

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

    15. 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. The Chief Counsel did not 
file any comments in response to the proposed rules in this proceeding.

D. Description and Estimate of the Number of Small Entities to Which 
the Rules Apply

    16. 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. The RFA generally defines the 
term ``small entity'' as having the same meaning as the terms ``small 
business,'' ``small organization,'' and ``small government 
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).
    17. Radio Stations. Radio stations are an Economic Census category 
that ``comprises establishments primarily engaged in broadcasting aural 
programs by radio to the public. Programming may originate in their own 
studio, from an affiliated network, or from external sources.'' The SBA 
has established a small business size standard for this category as 
firms having $41.5 million or less in annual receipts. Economic Census 
data for 2012 shows that 2,849 radio station firms operated during that 
year. Of that number, 2,806 operated with annual receipts of less than 
$25 million per year, 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.
    18. Apart from the U.S. Census, the Commission has estimated the 
number of licensed commercial AM stations to be 4,509 and the number of 
commercial FM stations to be 6,676 for a total of 11,185, along with 
8,866 FM translator and booster stations. According to BIA/Kelsey 
Publications, Inc.'s Media Access Pro Database, as of March 2020, 4,389 
a.m. stations and 6,767 FM stations had revenues of $41.5 million or 
less. In addition, the Commission has estimated the number of 
noncommercial educational FM radio stations to be 4,204. NCE stations 
are non-profit, and therefore considered to be small entities. 
Accordingly, we estimate that the majority of radio broadcast stations 
are small entities. We note, however, that, in assessing whether a 
business concern qualifies as small under the above definition, 
business 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.
    19. Moreover, as noted above, an element of the definition of 
``small business'' is that the entity not be dominant in its field of 
operation. The Commission is unable at this time to define or quantify 
the criteria that would establish whether a specific radio station is 
dominant in its field of operation. Accordingly, the estimate of small 
businesses to which rules may apply does not exclude any radio station 
from the definition of a small business on this basis and therefore may 
be over-inclusive to that extent. Also, as noted, an additional element 
of the definition of ``small business'' is that the entity must be 
independently owned and operated. The Commission notes that it is 
difficult at times to assess these criteria in the context of media 
entities and the estimates of small businesses to which they apply may 
be over-inclusive to this extent.

E. Description of Projected Reporting, Record Keeping and Other 
Compliance Requirements

    20. The rule changes adopted in the Report and Order do not include 
any notification or recordkeeping requirements.

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

    21. 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.
    22. The rules adopted or amended in the Report and Order do not 
impose any new substantive requirements on broadcast radio stations. 
Rather, they clarify existing technical requirements, create 
consistency across different rules, and ensure that current treaty 
terms are

[[Page 15342]]

accurately reflected in the rules. These measures will help small 
entities by reducing their need to rely on third parties, such as legal 
counsel, to understand the rules and comply with regulatory 
requirements. Significant alternatives would include leaving the rules 
as they are; however, in the Commission's judgment the increased 
transparency and certainty under the amended rules would outweigh any 
benefit of familiarity with the existing rules. The Commission did take 
this alternative approach when it decided to retain the proximate 
interference rule set out in Sec.  73.316(d), responding to industry 
feedback that that rule serves a useful purpose.

G. Report to Congress

    23. The Commission will send a copy of the Report and Order, 
including the FRFA, in a report to Congress and the Government 
Accountability Office pursuant to the Small Business Regulatory 
Enforcement Fairness Act of 1996. In addition, the Commission will send 
a copy of the Report and Order, including the FRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration. A copy of 
the Report and Order and FRFA (or summaries thereof) will also be 
published in the Federal Register.

Ordering Clauses

    24. Accordingly, it is 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, the Report and 
Order is adopted and will become effective 30 days after publication in 
the Federal Register.
    25. It is further ordered that parts 73 and 74 of the Commission's 
Rules ARE amended as set forth in the final rules and such rule 
amendments will become effective 30 days after publication in the 
Federal Register.
    26. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of the Report and Order, including the Final Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration.
    27. It is further ordered that the Commission shall send a copy of 
the Report and Order in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).
    28. It is further ordered that, should no petitions for 
reconsideration or petitions for judicial review be timely filed, MB 
Docket No. 21-263 shall be terminated and its docket closed.

List of Subjects

47 CFR Part 73

    Mexico, Radio.

47 CFR Part 74

    Mexico, Radio.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR chapter I, parts 73 and 74, as 
follows:

PART 73--RADIO BROADCAST SERVICES

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. Amend Sec.  73.207 by:
0
a. Revising the first sentence of paragraph (b) introductory text;
0
b. In paragraph (b)(1), revising the introductory text and the heading 
for the table;
0
c. Revising paragraphs (b)(2), (b)(3) introductory text, and (b)(3)(iv) 
and (v);
0
d. Adding paragraph (b)(3)(vi); and
0
e. Redesignating Table C following paragraph (b)(3) as table 3 to 
paragraph (b) and revising the heading of the newly redesignated table.
    The revisions and addition read as follows:


Sec.  73.207  Minimum distance separation between stations.

* * * * *
    (b) The distances listed in Tables 1, 2, and 3 of this paragraph 
(b) apply to allotments and assignments on the same channel and each of 
five pairs of adjacent channels. * * *
    (1) Domestic distance separation. Domestic allotments and 
assignments must be separated from each other by not less than the 
distances in Table 1 to this paragraph (b):

  Table 1 to Paragraph (b)--Minimum Distance Separation Requirements in
                               Kilometers
                                 [Miles]
 
 
 
 
                              * * * * * * *
 

    (2) Canadian border distance separation. Under the 1991 United 
States-Canada FM Broadcasting Agreement, as amended, any domestic U.S. 
allotment or assignment within 320 kilometers (199 miles) of the common 
border must either satisfy the contour overlap provisions set out in 
the Agreement or be separated from Canadian allotments and assignments 
by not less than the distance given in Table 2 to this paragraph (b), 
using the distance calculation methodology set out in the Agreement. 
When applying Table 2, U.S. Class C0 allotments and assignments are 
considered to be Class C; U.S. Class C2 allotments and assignments are 
considered to be Class B; and U.S. Class C3 allotments and assignments 
are considered to be Class B1.

                Table 2 to Paragraph (b)--Minimum Distance Separation Requirements in Kilometers
                                                    [Canada]
----------------------------------------------------------------------------------------------------------------
                                                                                                   10.6/10.8 MHz
            Relation                Co-channel        200 kHz         400 kHz         600 kHz         (I.F.)
----------------------------------------------------------------------------------------------------------------
A1 to A1........................              78              45              24              20               4
A1 to A.........................             131              78              44              40               7
A1 to B1........................             164              98              57              53               9
A1 to B.........................             190             117              71              67              12

[[Page 15343]]

 
A1 to C1........................             223             148              92              88              19
A1 to C.........................             227             162             103              99              26
A to A..........................             151              98              51              42              10
A to B1.........................             184             119              64              55              12
A to B..........................             210             137              78              69              15
A to C1.........................             243             168              99              90              22
A to C..........................             247             182             110             101              29
B1 to B1........................             197             131              70              57              24
B1 to B.........................             223             149              84              71              24
B1 to C1........................             256             181             108              92              40
B1 to C.........................             259             195             116             103              40
B to B..........................             237             164              94              74              24
B to C1.........................             271             195             115              95              40
B to C..........................             274             209             125             106              40
C1 to C1........................             292             217             134             101              48
C1 to C.........................             302             230             144             111              48
C to C..........................             306             241             153             113              48
----------------------------------------------------------------------------------------------------------------

    (3) Mexican border distance separation. Under the 1992 United 
States-Mexico FM Broadcasting Agreement, any domestic U.S. assignment 
or allotment within 320 kilometers (199 miles) of the common border 
must either satisfy the contour overlap provisions set out in section 
7.3 of the Agreement or be separated from Mexican assignments or 
allotments by not less than the distances given in Table 3 to this 
paragraph (b), using the distance calculation methodology set out in 
the Agreement. The minimum required distance separation between I.F. 
allotments and assignments cannot be reduced. When applying Table 3--
* * * * *
    (iv) U.S. Class C2 assignments or allotments are considered Class 
B;
    (v) Class C1 assignments or allotments assume maximum facilities of 
100 kW ERP at 300 meters HAAT. However, U.S. Class C1 stations may not, 
in any event, exceed the domestic U.S. limit of 100 kW ERP at 299 
meters HAAT, or the equivalent; and
    (vi) U.S. Class C0 assignments or allotments are considered Class 
C.

  Table 3 to Paragraph (b)--Minimum Distance Separation Requirements in
                               Kilometers
                                [Mexico]
 
 
 
 
                              * * * * * * *
 


0
3. Amend Sec.  73.316 by:
0
a. In paragraph (c)(2)(ix)(B):
0
i. In the first sentence, removing ``where'' and adding ``Where'' in 
its place; and
0
ii. Revising the second sentence; and
0
b. Revising paragraph (d).
    The revisions read as follows:


Sec.  73.316  FM antenna systems.

* * * * *
    (c) * * *
    (2) * * *
    (ix) * * *
    (B) * * * The application for license must also demonstrate that 
coverage of the community of license by the 70 dBu contour is 
maintained for stations authorized pursuant to Sec.  73.215 on Channels 
221 through 300, as required by Sec.  73.315(a), while noncommercial 
educational stations operating on Channels 201 through 220 must show 
that the proposed transmitter location will provide a minimum field 
strength of 1 mV/m (60 dBu) over at least 50 percent of its community 
of license or reach 50 percent of the population within the community.
    (d) Applications proposing the use of FM transmitting antennas in 
the immediate vicinity (i.e., 60 meters or less) of other FM or TV 
broadcast antennas must include a showing as to the expected effect, if 
any, of such proximate operation.
* * * * *


Sec.  73.501  [Amended]

0
4. Amend Sec.  73.501 by removing and reserving paragraph (b) and 
removing the parenthetical authority citation at the end of the 
section.

0
5. Amend Sec.  73.507 by:
0
a. Revising paragraph (c); and
0
b. Removing the parenthetical authority citation at the end of the 
section.
    The revision reads as follows:


Sec.  73.507  Minimum distance separations between stations.

* * * * *
    (c)(1) Stations separated in frequency by 10.6 or 10.8 MHz (53 or 
54 channels) from allotments or assignments on non-reserved channels 
will not be authorized unless they conform to the separations given in 
Table 1 to paragraph (b) of Sec.  73.207.
    (2) Under the United States-Mexican FM Broadcasting Agreement, for 
stations and assignments differing in frequency by 10.6 to 10.8 MHz (53 
or 54 channels), U.S. noncommercial educational FM allotments and 
assignments must meet the separations given in Table 3 to paragraph (b) 
of Sec.  73.207 to Mexican allotments or assignments in the border 
area.

0
6. Amend Sec.  73.509 by:
0
a. In paragraph (a):
0
i. Revising the introductory text; and
0
ii. Adding a heading for the table; and
0
b. Revising paragraph (b).
    The revisions read as follows:


Sec.  73.509  Prohibited overlap.

    (a) An application for a new or modified NCE-FM station other than 
a

[[Page 15344]]

Class D (secondary) station will not be accepted if the proposed 
operation would involve overlap of signal strength contours with any 
other station licensed by the Commission and operating in the reserved 
band (Channels 200-220, inclusive) as set forth in Table 1 to this 
paragraph (a):

                        Table 1 to Paragraph (a)
 
 
 
 
                              * * * * * * *
 

    (b) An application by a Class D (secondary) station, other than an 
application to change class, will not be accepted if the proposed 
operation would involve overlap of signal strength contours with any 
other station as set forth in Table 2 to this paragraph (b):

                        Table 2 to Paragraph (b)
------------------------------------------------------------------------
                                  Contour of       Contour of any other
     Frequency separation      proposed station          station
------------------------------------------------------------------------
Co-channel...................  0.1 mV/m (40      1 mV/m (60 dBu)
                                dBu).
200 kHz......................  0.5 mV/m (54      1 mV/m (60 dBu)
                                dBu).
400/600 kHz..................  100 mV/m (100     1 mV/m (60 dBu)
                                dBu).
------------------------------------------------------------------------

* * * * *

0
7. Amend Sec.  73.1665 by revising paragraph (b) to read as follows:


Sec.  73.1665  Main transmitters.

* * * * *
    (b) There is no maximum manufacturer-rated power limit for AM, FM, 
TV or Class A TV station transmitters.
* * * * *

0
8. Amend Sec.  73.1690 by revising the second sentence of paragraph 
(c)(8)(i) to read as follows:


Sec.  73.1690  Modification of transmission systems.

* * * * *
    (c) * * *
    (8) * * *
    (i) * * * Noncommercial educational FM stations must continue to 
provide a 60 dBu contour over at least 50 percent of its community of 
license or reach 50 percent of the population within the community. * * 
*
* * * * *

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

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

    Authority:  47 U.S.C. 154, 302a, 303, 307, 309, 310, 336 and 
554.


Sec.  74.702  [Amended]

0
10. Amend Sec.  74.702 by removing the second sentence of paragraph 
(a)(1).


Sec.  74.786  [Amended]

0
11. Amend Sec.  74.786 by removing the second sentence of paragraph 
(b).

0
12. Amend Sec.  74.1201 by revising paragraph (j) to read as follows:


 Sec.  74.1201  Definitions.

* * * * *
    (j) AM Fill-in area. The area within the greater of the 2 mV/m 
daytime contour of the AM radio broadcast station being rebroadcast or 
a 25-mile (40 km) radius centered at the AM transmitter site.
* * * * *


Sec.  74.1202  [Amended]

0
13. Amend Sec.  74.1202 by removing paragraph (b)(3).

0
14. Amend Sec.  74.1235 by:
0
a. Removing paragraph (d) introductory text; and
0
b. Revising paragraph (d)(1) and the first sentence of paragraph 
(d)(2).
    The revisions read as follows:


Sec.  74.1235  Power limitations and antenna systems.

* * * * *
    (d)(1) Translator or booster stations located within 125 kilometers 
of the Mexican border may not exceed an ERP of 50 watts (0.050 kW) in 
the direction of the Mexican border. Such stations also may not produce 
an interfering contour in excess of 32 km from the transmitter site in 
the direction of the Mexican border, nor may the 60 dBu service contour 
exceed 8.7 km from the transmitter site in the direction of the Mexican 
border.
    (2) Translator or booster stations located between 125 kilometers 
and 320 kilometers from the Mexican border may operate with an ERP in 
excess of 50 watts. * * *
* * * * *
[FR Doc. 2022-05684 Filed 3-17-22; 8:45 am]
BILLING CODE 6712-01-P