[Federal Register Volume 79, Number 34 (Thursday, February 20, 2014)]
[Rules and Regulations]
[Pages 9622-9625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03608]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 22, 27, 73, and 74

[MM Docket No. 93-177; FCC 13-115]


An Inquiry Into the Commission's Policies and Rules Regarding AM 
Radio Service Directional Antenna Performance Verification

AGENCY: Federal Communications Commission.

ACTION: Final rule; announcement of effective date.

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SUMMARY: In this document, the Commission announces that the Office of 
Management and Budget (OMB) has approved, for a period of three years, 
the information collection associated with the Commission's Third 
Report and Order; An Inquiry Into the Commission's Policies and Rules 
Regarding AM Radio Service Directional Antenna Performance 
Verification. This document is consistent with the Third Report and 
Order, which stated that the Commission would publish a document in the 
Federal Register announcing OMB approval and the effective date of the 
requirements.

DATES: 47 CFR 1.30002, 1.30003, 1.30004, 73.875, 73.1675, and 73.1690, 
are effective February 20, 2014.
    Applicability date: The applicability date of the amendments to 47 
CFR 1.30000, 1.30001, 22.371, 27.63, 73.45, 73.316, 73.685, 73.1692, 
73.6025, and 74.1237 published November 5, 2013 (78 FR 66288) is 
February 20, 2014.

FOR FURTHER INFORMATION CONTACT: Peter Doyle, Chief, Media Bureau,

[[Page 9623]]

Audio Division, at (202) 418-2789, or email Peter.Doyle@fcc.gov 
Peter.Doyle@fcc.gov, or Susan Crawford, Assistant 
Division Chief, Media Bureau, Audio Division, (202) 418-2700, or email 
Susan.Crawford@fcc.gov.

SUPPLEMENTARY INFORMATION: This document announces that, on February 
10, 2014, OMB approved the new information collection requirements 
contained in the Commission's Third Report and Order, FCC 13-115, 
published at 78 FR 66288, November 5, 2013. The OMB Control Number is 
3060-1121. The Commission publishes this notice as an announcement of 
the effective date of the requirements. If you have any comments on the 
burden estimates listed below, or how the Commission can improve the 
collections and reduce any burdens caused thereby, please contact Cathy 
Williams, Federal Communications Commission, Room 1-C823, 445 12th 
Street SW., Washington, DC 20554. Please include the OMB Control 
Number, 3060-1121, in your correspondence. The Commission will also 
accept your comments via the Internet if you send them to PRA@fcc.gov 
PRA@fcc.gov.
    To request materials in accessible formats for people with 
disabilities (Braille, large print, electronic files, audio format), 
send an email to fcc504@fcc.gov fcc504@fcc.gov or 
call the Consumer and Governmental Affairs Bureau at (202) 418-0530 
(voice), (202) 418-0432 (TTY).

Synopsis

    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), the FCC is notifying the public that it received OMB approval on 
February 10, 2014, for the new information collection requirements 
contained in the Commission's rules at 47 CFR 1.30002, 1.30003, 
1.30004, 73.875, 73.1675, and 73.1690.
    Under 5 CFR part 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current, valid OMB 
Control Number.
    No person shall be subject to any penalty for failing to comply 
with a collection of information subject to the Paperwork Reduction Act 
that does not display a current, valid OMB Control Number. The OMB 
Control Number is 3060-1121.
    The foregoing notice is required by the Paperwork Reduction Act of 
1995, Pub. L. 104-13, October 1, 1995, and 44 U.S.C. 3507.
    The total annual reporting burdens and costs for the respondents 
are as follows:
    OMB Control Number: 3060-1121.
    OMB Approval Date: February 10, 2014.
    OMB Expiration Date: February 28, 2017.
    Title: Sections 1.30002, 1.30003, 1.30004, 73.875, 73.1657 and 
73.1690, Disturbance of AM Broadcast Station Antenna Patterns.
    Form No.: Not applicable.
    Respondents: Business or other for-profit entities and Not-for-
profit Institutions.
    Number of Respondents and Responses: 1,195 respondents and 1,195 
responses.
    Estimated Time per Response: 1-2 hours.
    Frequency of Response: On occasion reporting requirement and third 
party disclosure requirement.
    Obligation to Respond: Required to obtain or retain benefits. 
Statutory authority for this information collection is contained in 
Section 154(i) of the Communications Act of 1934, as amended.
    Total Annual Burden: 1,960 hours.
    Total Annual Cost: $1,078,200.
    Privacy Act Impact Assessment: No impact(s).
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Needs and Uses: On August 14, 2013, the Commission adopted the 
Third Report and Order and Second Order on Reconsideration in the 
matter of An Inquiry Into the Commission's Policies and Rules Regarding 
AM Radio Service Directional Antenna Performance Verification, MM 
Docket No. 93-177, FCC 13-115. In the Third Report and Order in this 
proceeding, the Commission harmonized and streamlined the Commission's 
rules regarding tower construction near AM stations.
    In AM radio, the tower itself functions as the antenna. 
Consequently, a nearby tower may become an unintended part of the AM 
antenna system, reradiating the AM signal and distorting the authorized 
AM radiation pattern. The Commission's old rules contained several 
sections concerning tower construction near AM antennas that were 
intended to protect AM stations from the effects of such tower 
construction, specifically, Sections 73.1692, 22.371, and 27.63. These 
old rule sections imposed differing requirements on the broadcast and 
wireless entities, although the issue is the same regardless of the 
types of antennas mounted on a tower. Other rule parts, such as Part 90 
and Part 24, entirely lacked provisions for protecting AM stations from 
possible effects of nearby tower construction. In the Third Report and 
Order the Commission adopted a uniform set of rules applicable to all 
services, thus establishing a single protection scheme regarding tower 
construction near AM tower arrays. The Third Report and Order also 
designates ``moment method'' computer modeling as the principal means 
of determining whether a nearby tower affects an AM radiation pattern. 
This serves to replace time-consuming direct measurement procedures 
with a more efficient computer modeling methodology that is reflective 
of current industry practice.

New Information Collection Requirements

    47 CFR 1.30002(a) requires a proponent of construction or 
modification of a tower within a specified distance of a nondirectional 
AM station, and also exceeding a specified height, to notify the AM 
station at least 30 days in advance of the commencement of 
construction. If the tower construction or modification would distort 
the AM pattern, the proponent shall be responsible for the installation 
and maintenance of detuning equipment.
    47 CFR 1.30002(b) requires a proponent of construction or 
modification of a tower within a specified distance of a directional AM 
station, and also exceeding a specified height, to notify the AM 
station at least 30 days in advance of the commencement of 
construction. If the tower construction or modification would distort 
the AM pattern, the proponent shall be responsible for the installation 
and maintenance of detuning equipment.
    47 CFR 1.30002(c) states that proponents of tower construction or 
alteration near an AM station shall use moment method modeling, 
described in Sec.  73.151(c), to determine the effect of the 
construction or alteration on an AM radiation pattern.
    47 CFR 1.30002(f) states that, with respect to an AM station that 
was authorized pursuant to a directional proof of performance based on 
field strength measurements, the proponent of the tower construction or 
modification may, in lieu of the study described in Sec.  1.30002(c), 
demonstrate through measurements taken before and after construction 
that field strength values at the monitoring points do not exceed the 
licensed values. In the event that the pre-construction monitoring 
point values exceed the licensed values, the proponent may demonstrate 
that post-construction monitoring point values do not exceed the pre-

[[Page 9624]]

construction values. Alternatively, the AM station may file for 
authority to increase the relevant monitoring point value after 
performing a partial proof of performance in accordance with Sec.  
73.154 to establish that the licensed radiation limit on the applicable 
radial is not exceeded.
    47 CFR 1.30002(g) states that tower construction or modification 
that falls outside the criteria described in paragraphs Sec.  
1.30002(a) and (b) is presumed to have no significant effect on an AM 
station. In some instances, however, an AM station may be affected by 
tower construction notwithstanding the criteria set forth in paragraphs 
Sec.  1.30002(a) and (b). In such cases, an AM station may submit a 
showing that its operation has been affected by tower construction or 
alteration. Such showing shall consist of either a moment method 
analysis or field strength measurements. The showing shall be provided 
to (i) the tower proponent if the showing relates to a tower that has 
not yet been constructed or modified and otherwise to the current tower 
owner, and (ii) to the Commission, within two years after the date of 
completion of the tower construction or modification. If necessary, the 
Commission shall direct the tower proponent to install and maintain any 
detuning apparatus necessary to restore proper operation of the AM 
antenna.
    47 CFR 1.30002(h) states that an AM station may submit a showing 
that its operation has been affected by tower construction or 
modification commenced or completed prior to or on the effective date 
of the rules adopted in this Part pursuant to MM Docket No. 93-177. 
Such a showing shall consist of either a moment method analysis or of 
field strength measurements. The showing shall be provided to the 
current owner and the Commission within one year of the effective date 
of the rules adopted in this Part. If necessary, the Commission shall 
direct the tower owner, if the tower owner holds a Commission 
authorization, to install and maintain any detuning apparatus necessary 
to restore proper operation of the AM antenna.
    47 CFR 1.30002(i) states that a Commission applicant may not 
propose, and a Commission licensee or permittee may not locate, an 
antenna on any tower or support structure, whether constructed before 
or after the effective date of these rules, that is causing a 
disturbance to the radiation pattern of the AM station, as defined in 
paragraphs Sec.  1.30002(a) and (b), unless the applicant, licensee, or 
tower owner completes the new study and notification process and takes 
appropriate ameliorative action to correct any disturbance, such as 
detuning the tower, either prior to construction or at any other time 
prior to the proposal or antenna location.
    47 CFR 1.30003(a) states that when antennas are installed on a 
nondirectional AM tower the AM station shall determine operating power 
by the indirect method (see Sec.  73.51). Upon the completion of the 
installation, antenna impedance measurements on the AM antenna shall be 
made. If the resistance of the AM antenna changes, an application on 
FCC Form 302-AM (including a tower sketch of the installation) shall be 
filed with the Commission for the AM station to return to direct power 
measurement. The Form 302-AM shall be filed before or simultaneously 
with any license application associated with the installation.
    47 CFR 1.30003(b) requires that, before antennas are installed on a 
tower in a directional AM array, the proponent shall notify the AM 
station so that, if necessary, the AM station may determine operating 
power by the indirect method (see Sec.  73.51) and request special 
temporary authority pursuant to Sec.  73.1635 to operate with 
parameters at variance. For AM stations licensed via field strength 
measurements (see Sec.  73.151(a)), a partial proof of performance (as 
defined by Sec.  73.154) shall be conducted both before and after 
construction to establish that the AM array will not be and has not 
been adversely affected. For AM stations licensed via a moment method 
proof (see Sec.  73.151(c)), the proof procedures set forth in Sec.  
73.151(c) shall be repeated. The results of either the partial proof of 
performance or the moment method proof shall be filed with the 
Commission on Form 302-AM before or simultaneously with any license 
application associated with the installation.
    47 CFR 1.30004(a) requires proponents of proposed tower 
construction or modification to an existing tower near an AM station 
that are subject to the notification requirement in Sec. Sec.  1.30002 
to provide notice of the proposed tower construction or modification to 
the AM station at least 30 days prior to commencement of the planned 
tower construction or modification. Notification to an AM station and 
any responses may be oral or written. If such notification and/or 
response is oral, the party providing such notification or response 
must supply written documentation of the communication and written 
documentation of the date of communication upon request of the other 
party to the communication or the Commission. Notification must include 
the relevant technical details of the proposed tower construction or 
modification, and, at a minimum, also include the following: 
Proponent's name and address; coordinates of the tower to be 
constructed or modified; physical description of the planned structure; 
and results of the analysis showing the predicted effect on the AM 
pattern, if performed.
    47 CFR 1.30004(b) requires that a response to a notification 
indicating a potential disturbance of the AM radiation pattern must 
specify the technical details and must be provided to the proponent 
within 30 days.
    47 CFR 1.30004(d) states that if an expedited notification period 
(less than 30 days) is requested by the proponent, the notification 
shall be identified as ``expedited,'' and the requested response date 
shall be clearly indicated.
    47 CFR 1.30004(e) states that in the event of an emergency 
situation, if the proponent erects a temporary new tower or makes a 
temporary significant modification to an existing tower without prior 
notice, the proponent must provide written notice to potentially 
affected AM stations within five days of the construction or 
modification of the tower and cooperate with such AM stations to remedy 
any pattern distortions that arise as a consequence of such 
construction.
    47 CFR 73.875(c) requires an LPFM applicant to submit an exhibit 
demonstrating compliance with Sec.  1.30003, as applicable, with any 
modification of license application filed solely pursuant to paragraphs 
(c)(1) and (c)(2) of this section, where the installation is on or near 
an AM tower, as defined in Sec.  1.30002.
    47 CFR 73.1675(c)(1) states that where an FM, TV, or Class A TV 
licensee or permittee proposes to mount an auxiliary facility on an AM 
tower, it must also demonstrate compliance with Sec.  1.30003 in the 
license application.
    47 CFR 73.1690(c) requires FM, TV, or Class A TV station applicants 
to submit an exhibit demonstrating compliance with Sec.  1.30003, as 
applicable, with a modification of license application, except for 
applications solely filed pursuant to paragraphs (c)(6) or (c)(9) of 
this section, where the installation is located on or near an AM tower, 
as defined in Sec.  1.30002.


[[Page 9625]]


Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of Managing Director.
[FR Doc. 2014-03608 Filed 2-19-14; 8:45 am]
BILLING CODE 6712-01-P