[Federal Register Volume 83, Number 108 (Tuesday, June 5, 2018)]
[Rules and Regulations]
[Pages 25949-25950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11965]



47 CFR Part 73

[MB Docket No. 13-249; FCC 18-64]

Revitalization of the AM Radio Service

AGENCY: Federal Communications Commission.

ACTION: Denial of petition for reconsideration; dismissal of petition 
for emergency partial stay and processing freeze pending review of 
petition for reconsideration and motion for extension of time.


SUMMARY: This document denies the Petition for Reconsideration of the 
Second Report and Order in this proceeding, filed by Prometheus Radio 
Project (Prometheus) on April 10, 2017. This document dismisses as moot 
the Petition for Emergency Partial Stay and Processing Freeze Pending 
Review of Petition for Reconsideration filed by Prometheus April 3, 
2017, and the Motion for Extension of Time filed by Prometheus May 11, 

DATES: June 5, 2018.

ADDRESSES: Federal Communications Commission, 445 12th Street SW, 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Albert Shuldiner, Chief, Media Bureau, 
Audio Division, (202) 418-2700 or [email protected]; Thomas 
Nessinger, Senior Counsel, Media Bureau, Audio Division, (202) 418-2700 
or [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order 
on Reconsideration, MB Docket No. 13-249, FCC 18-64, adopted on May 21, 
2018, and released on May 22, 2018. The full text of this document is 
available for public inspection and copying during regular business 
hours in the FCC Reference Center, Federal Communications Commission, 
445 12th Street SW, Washington, DC 20554. This document will also be 
available via ECFS at https://www.fcc.gov/ecfs/. Documents will be 
available electronically in ASCII, Microsoft Word, and/or Adobe 
Acrobat. Copies of the materials can be obtained from the FCC's 
Reference Information Center at (202) 418-0270. Alternative formats are 
available for people with disabilities (Braille, large print, 
electronic files, audio format), by sending an email to [email protected] 
or calling the Commission's Consumer and Governmental Affairs Bureau at 
(202) 418-0530 (voice), (202) 418-0432 (TTY). This document is not 
subject to the Congressional Review Act. The Commission is, therefore, 
not required to submit a copy of this Order on Reconsideration to the 
General Accounting Office pursuant to the Congressional Review Act, see 
5 U.S.C. 801(a)(1)(A), because the Petition for Reconsideration was 
denied and the Petition for Emergency Stay and Motion for Extension of 
Time were dismissed as moot.
    The Commission rejected Prometheus's contentions that the 
Commission's decision not to adopt a proposed distance limit for siting 
cross-service FM translator stations (translators re-broadcasting AM 
station signals) was not a logical outgrowth of the proposed rule and 
was arbitrary and capricious. It found that the decision not to adopt 
the proposed 40-mile limit was reasonably foreseeable, especially given 
that commenters had proposed omitting the 40-mile limit and that 
Prometheus had access to those comments. The Commission further found 
that its actions were not arbitrary and capricious, finding that 
Prometheus's contentions do not raise legitimate concerns and are at 
best speculative. Prometheus did not provide evidence that omission of 
a distance limit encourages translators to ``box in'' incumbent low-
power FM (LPFM) stations, restricting their ability to change sites. 
Additionally, the

[[Page 25950]]

Commission rejected Prometheus's argument that its final rule violated 
the Local Community Radio Act of 2010 (LCRA), in part because the LCRA 
does not mandate that the Commission prefer LPFM stations over FM 
translators. To the extent the LCRA obliges the Commission to consider 
local community needs, the Commission has stated that FM translators 
and LPFM stations both serve community needs in different ways, and 
that giving AM stations more flexibility in siting fill-in cross-
service translators, without a set distance limit, was in the public 
interest, as it allows an AM station to improve its program service to 
listeners in the local communities within its primary service contour. 
The Commission finally rejected Prometheus's argument that the 
Commission falsely equated the LPFM service with local commercial AM 
broadcasters, because the amended rule benefits both commercial and 
noncommercial AM stations.

Federal Communications Commission.
Marlene Dortch,
[FR Doc. 2018-11965 Filed 6-4-18; 8:45 am]