Broadcast Radio Technical Rules

CourtFederal Communications Commission
Citation87 FR 15339
Published date18 March 2022
Record Number2022-05684
Federal Register, Volume 87 Issue 53 (Friday, March 18, 2022)
[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                reflect current requirements and eliminate redundant, outdated, or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                requirements and eliminate redundant, outdated, or conflicting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
                

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