At the FCC’s upcoming July Open Meeting scheduled for July 13, Acting Chairwoman Jessica Rosenworcel has proposed voting on seven rule changes to eliminate those that are “redundant, outdated or in conflict” with other rules.
The seven changes are described as:
1. Eliminate the maximum rated transmitter power limit rule for AM stations set out in section 73.1665(b);
We propose to amend section 73.1665(b) to remove the maximum rated transmitter power limit for AM stations. We tentatively conclude that an equipment limitation on potential transmitter power is outdated and unnecessary given our current reliance on actual operating antenna input power as the most accurate and effective means of ensuring that AM stations adhere to their authorized (nominal) power limits. The restriction on AM transmitter power goes back many decades and was adopted in substantially its current form in 1978. We tentatively conclude that based on our reliance on actual operating antenna input power, retaining an equipment-based maximum rated transmitter power rule is unnecessary and inconsistent with the standard set out in section 73.51governing the operating power of AM stations. Accordingly, we propose to amend section 73.1665(b) byremoving the maximum rated transmitter power for AM stations as set out in Appendix A and deletingthe corresponding “Table 1 to paragraph (b)” and seek comment on this proposal, and on any otherchanges to the rules necessary or appropriate to reflect this change.
2. Update the NCE FM community of license coverage requirement set out in sections73.316(c)(2)(ix)(B) and 73.1690(c)(8)(i) to match that used in section 73.515;
We propose to amend sections 73.316(c)(2)(ix)(B) and 73.1690(c)(8)(i) to harmonize with the later-adopted NCE FM community coverage standard set out in section 73.515 of the rules. This change will create consistency across different rules regarding the requirement for community coverage for NCE FM stations. Specifically, we tentatively conclude the requirement in section 73.515 that stations reach 50% of their community of license or 50% of the population in their community should replace the more general requirement in 73.316 and 73.1690 that the station cover “a portion of the community.” Section 73.316(c)(2)(ix)(B) applies to applications for FM directional antennas and states, in relevant part, that a noncommercial educational (NCE) FM station in the reserved band applying for a short-spaced directional antenna must demonstrate that its 60 dBu contour covers “at least a portion of the community of license.” Similarly, section 73.1690(c)(8)(i), which relates to applications for reduced operating power, states that an NCE FM station seeking to reduce power must continue to provide a 60dBu contour over “at least a portion of the community of license.” Applications covered by these rulesmust already satisfy the 50% standard because of the requirement in section 73.515. Accordingly, webelieve the “portion of the community of license” standard incorporated into these rules is obsolete andconflicts with the later-adopted, more specific, NCE FM community coverage standard set out in section73.515. Section 73.515 provides that an NCE FM station operating on a reserved channel must provide a predicted 60 dBμ signal “over at least 50 percent of its community of license or reach 50 percent of the population within the community.” To bring sections 73.316(c)(2)(ix)(B) and 73.1690(c)(8)(i) into conformity with section 73.515, we propose to amend these two rules to state that an NCE FM station operating on a reserved channel must provide a predicted 60 dBμ signal to at least 50% of its community of license or reach 50% of the population within the community. We seek comment on this proposal.
3. Eliminate the requirement that applicants demonstrate the effect of any FM applicant transmitting antenna on nearby FM or TV broadcast antennas set out in section 73.316(d);
We propose to eliminate section 73.316(d), which we tentatively conclude is anunnecessary burden on applicants. We seek comment on this conclusion as well as any other applicable considerations we should take into account when eliminating this rule. This is a seldom-used rule, which we tentatively conclude does not prevent interference to any significant degree, if at all. Section 73.316(d) provides that “[a]pplications 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 approximate operation.” Based on our experience, we tentatively conclude that broadcast radio antennas within this physical proximity are unlikely to create interference problems if they are otherwise compliant with the transmission system requirements set out in section73.317 of the rules, and we are not aware of any industry complaints of such interference during the more than 70 years this rule has been in effect. Therefore, we propose to eliminate section 73.316(d) as an unnecessary application requirement and seek comment on this proposal.
4. Update the signal strength contour overlap requirements for NCE FM Class D stations set out in section 73.509(b) to harmonize with the contour overlap requirements for all other NCE FM stations, set out in section 73.509(a);
We propose to amend section 73.509(b), which sets out signal strength contour overlaprequirements for NCE FM Class D stations, to harmonize the requirements with the more permissivestandard applied to all other NCE-FM stations. This change will create consistency across different NCEFM station classes regarding contour overlap limitations. We tentatively conclude that the current Class D contour overlap requirement is not necessary given the proven efficacy of the less restrictive requirements for other stations and anticipate that this change will allow Class D stations greater site selection flexibility as well as the opportunity to potentially increase their coverage areas. Section 73.509(b) provides that applications by NCE FM Class D station licensees will not be accepted if they propose overlap of the applicant station’s 80 dBu (interfering) contour with the 60 dBu (protected)contour of any second-adjacent channel station (i.e., a 20 dBu interference ratio). In contrast, section 73.509(a) prohibits overlap of any other NCE applicant station’s 100 dBu (interfering) contour with the60 dBu (protected) contour of any second-adjacent channel station (i.e., a 40 dBu interference ratio). When it adopted section 73.509(a) in 2000, the Commission explained that the 100 dBu standard “is abetter gauge of potential second-adjacent channel interference than the 80 dBu standard” and that “adoption of a less preclusive 100 dBu standard would create opportunities for NCE FM and FM translator stations to increase power and coverage, and provide them with greater site selection flexibility.” However, because of a then-pending proceeding to establish the LPFM service, the Commission deferred any action on proposals involving NCE FM Class D stations. The LPFM service has now been established and is currently a relatively mature service, so we tentatively conclude that the time is ripe to extend the otherwise universal 100 dBu contour overlap standard for second-adjacent channels to NCE FM Class D stations. We seek comment on our proposal to amend section 73.509(b) to harmonize with the general NCE FM contour overlap limits set out section 73.509(a).
5. Eliminate the requirement for broadcast services to protect grandfathered common carrier services inAlaska operating in the 76-100 MHz frequency band set out in sections 73.501(b), 74.1202(b)(3), the secondsentence of 74.702(a)(1), and the second sentence of 74.786(b) given that there are no longer such commoncarrier services;
We propose to delete the outdated requirement that radio stations operating in the 76-100MHz band protect common carrier services in Alaska. This rule is unnecessary and obsolete because ourlicensing databases indicate that there are no common carrier services remaining in this band in Alaska. Sections 73.501(b), 74.1202(b)(3), the second sentence of 74.702(a)(1), and the second sentence of74.786(b) all contain similar language requiring broadcast services to protect grandfathered common carrier services in Alaska operating in the 76-100 MHz frequency band. With the exception of section 74.786(b), which was added in 2004 to apply the Alaska rule to digital LPTV and TV translators, this suite of rule provisions was created in 1982 when the Commission reallocated the 76-100 MHz band in Alaska from government and non-government fixed services to broadcast services. In doing so, the Commission grandfathered existing common carrier operations, protecting them from new broadcast services in that band. At the time, the Commission also anticipated that “[o]ur provision for Fixed use of this band may indeed become obsolete as the common carriers gradually move to other parts of the spectrum. If so, we will then delete the Fixed provisions from these Rules.
In 2005, the Commission deleted two of the original five rules adopted in 1982, sections73.220(b) and 73.603(b), on the basis that there were no longer any common carrier stations in Alaska in the 76-100 MHz band. For the same reason, we propose to delete the remaining sections 73.501(b),74.1202(b)(3), and portions of 74.702(a)(1) and 74.786(b) of the Commission’s rules as obsolete and unnecessary. We seek comment on this proposal.
6. Amend the definition of an “AM fill-in area” set out in section 74.1201(j) to conform to section74.1201(g);
We propose to amend the definition of “AM fill-in area” set out in section 74.1201(j) of the rules to conform to the requirement in section 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.” We do not propose any change to section 74.1201(g). The change proposedto section 74.1201(j) will create consistency across different rules governing fill-in translator transmittersiting. In 2009, when it modified the FM translator rules to allow AM stations to retransmit using fill-in FM translators, the Commission adopted new section (j) and amended section (g) to define an AM fill-in area for FM translators as the lesser of the 2 mV/m daytime contour of the AM station and a 25-mile (40km) radius centered at the AM transmitter site. 30 When the Commission relaxed this cross-service sitingrequirement in 2017, it amended section (g) to provide that an FM translator rebroadcasting an AMbroadcast station must be located such that the 60 dBu contour is contained within the greater of either (a)the 2 mV/m daytime contour of the AM station, or (b) a 25-mile radius centered at the AM station’stransmitter site.31 However, it did not update section (j) to reflect this change. We propose to do so nowand seek comment on this proposal.
7. Amend the allocation and power limitations for broadcast stations within 320 kilometers of the Mexican and Canadian borders, set out in sections 73.207(b) and 74.1235(d), to comply with current treaty provision
To update our rules and fully implement the provisions of the relevant agreements withthe Canadian and Mexican governments, we propose to revise text governing the licensing of broadcaststations in the border region as set out in sections 73.207(b) and 74.1235(d). We tentatively conclude that the current text should be revised and updated to comport with the requirements set out in the 1992 U.S.-Mexico FM Broadcasting Agreement and the 1991 U.S.-Canada FM Broadcasting Agreement, as amended.
First, we propose to update sections 73.207(b)(2) and (3) to reflect treaty requirements. Section 73.207(b)(2) states, “Under the Canada–United States FM Broadcasting Agreement, domestic U.S. allotments and assignments within 320 kilometers (199 miles) of the common border must be separated from Canadian allotments and assignments by not less than the distances given in Table B, which follows.”The 1991 U.S.-Canada FM Broadcasting Agreement contains minimum distance separations but offers contour overlap parameters for short-spaced stations to demonstrate compliance with the Agreement. Accordingly, we propose to revise section 73.207(b)(2) to remove the reference to the 1991 U.S.-Canada FM Broadcasting Agreement and include contour overlap-based protection for short-spaced stations. We also propose to update section 73.207(b)(2) by replacing the current Table B with the superseding minimum distance separations table set out in the 1997 Amendment to the 1991 U.S.-Canada FM Broadcasting Agreement.
Similarly, section 73.207(b)(3) provides that “[u]nder the 1992 Mexico–United States FM Broadcasting Agreement, domestic U.S. assignments or allotments within 320 kilometers (199 miles)of the common border must be separated from Mexican assignments or allotments by not less than the distances given in Table C in this paragraph (b)(3).” This provision is no longer accurate, as, except for intermediate frequency separations, the 1992 U.S.-Mexico FM Broadcasting Agreement provides for contour-overlap-based protection as well as minimum spacing protection. Therefore, we propose to revise section 73.207(b)(3) to remove the reference to the 1992 U.S.-Mexico Broadcasting Agreement and include contour overlap-based protection for short-spaced stations. We seek comment on these proposed changes.
We also propose to update section 74.1235(d), governing FM translators, to conform withthe relevant treaties. With respect to Canada, section 74.1235(d) states, “Applications for FM translatorstations located within 320 km of the Canadian border will not be accepted if they specify more than 50watts effective radiated power in any direction or have a 34 dBu interference contour, calculated in accordance with § 74.1204 of this part, that exceeds 32 km. This provision codifies section 4.3 of the 1991 U.S.-Canada FM Broadcasting Agreement.40 In 1997, the United States and Canada amended section 4.3 of the 1991 U.S.-Canada FM Broadcasting Agreement to increase the permissible effective radiated power (ERP) for border FM translator stations from 50 to 250 watts and the interference contour from 32 to 60 kilometers. To implement this change, in 1998, the Commission amended section 74.1235 by adding section (d)(3), which states, “Applications for translator or booster stations within 320 km of the Canadian border may employ an ERP up to a maximum of 250 watts, as specified in §74.1235(a) and (b). The distance to the 34 dBu interfering contour may not exceed 60 km in any direction.” Because the first sentence of section (d) is outdated and conflicts with section (d)(3), we propose to modify the first sentence of section 74.1235(d) to conform to current treaty requirements and eliminate section 74.1235(d)(3).4414.With respect to Mexico, section 74.1235(d) provides, “FM translator stations located within 320 kilometers of the Mexican border must be separated from Mexican allotments and assignments in accordance with § 73.207(b)(3) of this chapter and are limited to a transmitter power output of 10 watts or less. For purposes of compliance with that section, FM translators will be considered as Class D FM stations.” In the 1992 U.S.-Mexico FM Broadcasting Agreement, translator stations are classified asLPFM stations rather than full service stations, and thus not subject to the distance separations set out in73.207(b)(3) and the accompanying Table C. Therefore, we tentatively conclude that neither our rules nor the relevant international agreements require translator stations to adhere to those distance separations. In addition, the 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 consistent with current treaty requirements. For these reasons, we propose to delete the above two sentences in the introductory paragraph of section 74.1235(d) as set out in Appendix A. We seek comments on this proposal.
Finally, we propose to revise the translator power limitations set out in sections74.1235(d)(1) and (2). The 1992 U.S.-Mexico FM Broadcasting Agreement provides in relevant part that a translator’s ERP may not exceed 50 watts in the direction of the other country nor produce an interfering contour more than 32 kilometers in the direction of the other country. Within 125 km of the common border, the maximum distance to the protected contour of a translator must be 8.7 km in the direction of the other country. However, a translator located more than 125 km from the border may operate with more than 50 watts in the direction of the other country, provided that its protected contour is not greater than, starting from 125 km from the border, 8.7 km in the direction of the other country. In addition, translators must “protect the allotments and assignments of the other Administration based on their maximum permitted parameters in accordance with the Table of Allotments and Assignments.” To accurately implement these provisions, we propose to amend sections 74.1235(d)(1) and (2) to reflect current treaty requirements, as set out in Appendix A. Because the changes proposed above are intended to codify the existing state of international agreements to which the United States is a party, we request commenters to focus on whether the proposed changes properly implement the relevant treaty provisions rather than suggest changes to any of the agreed-upon limits.
Iglesia Sinai Pentecostes has been fined $1500 for a late files license renewal application for 105.9 WLDC-LP Goshen IN.
The FCC has also reminded licensees that Biennial Ownership Reports are due for all stations between October 1 and December 1.
Deletions
Following a letter requesting the cancellation of their licenses back in March of 2020, the FCC has deleted Chappell Communications’ 1320 WHIE and 101.9 W270DB Griffin GA. WHIE ceased operation on April 1, 2020 following the death of owner Robert Chappell in 2019.
