98-16513. 1998 Biennial Regulatory ReviewStreamlining of Radio Technical Rules  

  • [Federal Register Volume 63, Number 119 (Monday, June 22, 1998)]
    [Rules and Regulations]
    [Pages 33875-33880]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-16513]
    
    
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    FEDERAL COMMUNICATIONS COMMISSION
    
    47 CFR Parts 73 and 74
    
    [MM Docket No. 98-93; FCC 98-117]
    
    
    1998 Biennial Regulatory Review--Streamlining of Radio Technical 
    Rules
    
    AGENCY: Federal Communications Commission.
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: On June 15, 1998, the Commission released a Notice of Proposed 
    Rule Making and Order. The Commission adopted a number of changes in 
    this proceeding to promote greater technical flexibility in the FM 
    service and to streamline and expedite the processing of applications 
    in several services.
    
    EFFECTIVE DATE: July 22, 1998.
    
    FOR FURTHER INFORMATION CONTACT: Peter Doyle, Dale Bickel or William 
    Scher, Audio Services Division, Mass Media Bureau (202) 418-2780.
    
    SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
    of Proposed Rule Making and Order (Order) in MM Docket No. 98-93 and 
    FCC No. 98-117, adopted June 11, 1998 and released June 15, 1998. The 
    complete text of this Order is available for inspection and copying 
    during regular business hours in the FCC Reference Center (Room 239), 
    1919 M St., N.W., Washington, D.C. 20554 and may also be purchased from 
    the Commission's copy contractor, International Transcription Service, 
    (202) 857-3800 (phone), (202) 857-3805 (facsimile), 1231 20th St., 
    N.W., Washington, D.C. 20036.
    
    Synopsis of Order
    
        1. The Commission is making a number of amendments to the FM 
    technical rules in order to clarify existing rules. Because these 
    amendments are non-controversial and will have no adverse effect on any 
    party, we find that notice and comment procedures are unnecessary and 
    need not be followed prior to their adoption.
    
    Ordering Clauses
    
        2. Accordingly, it is ordered, that these minor rule changes shall 
    become effective July 22, 1998.
    
    List of Subjects
    
    47 CFR Part 73
    
        Radio, reporting and recordkeeping requirements.
    
    47 CFR Part 74
    
        Radio, reporting and recordkeeping requirements.
    
    Federal Communications Commission.
    William F. Caton,
    Deputy Secretary.
    
    Rule Changes
    
        Accordingly, Parts 73 and 74 of Title 47 of the Code of Federal 
    Regulations are amended as follows:
    
    PART 73--RADIO BROADCAST SERVICES
    
        1. The authority citation for part 73 continues to read as follows:
    
        Authority: 47 U.S.C. 154, 303, 334 and 336.
    
        2. Amend Sec. 73.45 by revising paragraph (c) introductory text and 
    paragraph (c)(2) to read as follows:
    
    
    Sec. 73.45  AM antenna systems.
    
    * * * * *
        (c) Should any changes be made or otherwise occur which would 
    possibly alter the resistance of the antenna system, the licensee must 
    commence the determination of the operating power by
    
    [[Page 33876]]
    
    a method described in Sec. 73.51(a)(1) or (d). (If the changes are due 
    to the construction of FM or TV transmitting facilities, see 
    Secs. 73.316, 73.685, and 73.1692.) Upon completion of any necessary 
    repairs or adjustments, or upon completion of authorized construction 
    or modifications, the licensee must make a new determination of the 
    antenna resistance using the procedures described in Sec. 73.54. 
    Operating power should then be determined by a direct method as 
    described in Sec. 73.51. Notification of the value of resistance of the 
    antenna system must be filed with the FCC in Washington, DC as follows:
        (1) * * *
        (2) Whenever AM stations use direct reading power meters pursuant 
    to Sec. 73.51, a letter notification to the FCC in Washington, DC, 
    Attention: Audio Services Division, Mass Media Bureau, must be filed in 
    accordance with Sec. 73.54(e).
        3. Amend Sec. 73.54 by revising paragraph (d) introductory text to 
    read as follows:
    
    
    Sec. 73.54  Antenna resistance and reactance measurements.
    
    * * * * *
        (d) A letter of notification must be filed with the FCC in 
    Washington, DC, Attention: Audio Services Division, Mass Media Bureau, 
    when determining power by the direct method pursuant to Section 73.51 
    and must specify the antenna or common point resistance at the 
    operating frequency. The following information must also be kept on 
    file at the station:
    * * * * *
        4. Amend Sec. 73.58 by revising paragraph (f) to read as follows:
    
    
    Sec. 73.58  Indicating instruments.
    
    * * * * *
        (f) If conditions beyond the control of the licensee prevent the 
    restoration of the meter to service within the above allowed period, 
    information requested in accordance with Sec. 73.3549 may be filed by 
    letter with the FCC in Washington, DC, Attention: Audio Services 
    Division, Mass Media Bureau, to request additional time as may be 
    required to complete repairs of the defective instrument.
        5. Amend Sec. 73.68 by revising paragraph (b), the note following 
    paragraph (b) and paragraph (d)(1) to read as follows:
    
    
    Sec. 73.68  Sampling systems for antenna monitors.
    
    * * * * *
        (b) A station having an antenna sampling system constructed 
    according to the specifications given in paragraph (a) of this section 
    may obtain approval of that system by submitting an informal letter 
    request to the FCC in Washington, DC, Attention: Audio Services 
    Division, Mass Media Bureau. The request for approval, signed by the 
    licensee or authorized representative, must contain sufficient 
    information to show that the sampling system is in compliance with all 
    requirements of paragraph (a) of this section.
    
        Note to paragraph (b): A public notice dated December 9, 1985 
    giving additional information on approval of antenna sampling 
    systems is available through the Internet at http://www.fcc.gov/mmb/
    asd/decdoc/letter/1985-12-09_sample.html.
    * * * * *
        (d) * * *
        (1) Special Temporary Authority (see Sec. 73.1635) shall be 
    requested and obtained from the Commission's Audio Services Division, 
    Mass Media Bureau in Washington to operate with parameters at variance 
    with licensed values pending issuance of a modified license specifying 
    parameters subsequent to modification or replacement of components.
    * * * * *
        6. Amend Sec. 73.69 by revising paragraphs (c) and (d)(5) to read 
    as follows:
    
    
    Sec. 73.69  Antenna monitors.
    
    * * * * *
        (c) If conditions beyond the control of the licensee prevent the 
    restoration of the monitor to service within the allowed period, an 
    informal letter request in accordance with Sec. 73.3549 of the 
    Commission's rules must be filed with the FCC, Attention: Audio 
    Services Division, Mass Media Bureau in Washington, DC for such 
    additional time as may be required to complete repairs of the defective 
    instrument.
        (d) * * *
        (5) An informal letter request for modification of license shall be 
    submitted to the FCC, Attention: Audio Services Division, Mass Media 
    Bureau in Washington, DC within 30 days of the date of monitor 
    replacement. Such request shall specify the make, type, and serial 
    number of the replacement monitor, phase and sample current 
    indications, and other data obtained pursuant to paragraph (d) of this 
    section.
    * * * * *
        7. Amend Sec. 73.151 by revising paragraph (a) introductory text 
    and (a)(1) introductory text to read as follows:
    
    
    Sec. 73.151  Field strength measurements to establish performance of 
    directional antennas.
    
        (a) In addition to the information required by the license 
    application form, the following showing must be submitted to establish, 
    for each mode of directional operation, that the effective measured 
    field strength (RMS) at 1 kilometer (km) is not less than 85 percent of 
    the effective measured field strength (RMS) specified for the standard 
    radiation pattern, or less than that specified in Sec. 73.189(b) for 
    the class of station involved, whichever is the higher value, and that 
    the measured field strength at 1 km in any direction does not exceed 
    the field shown in that direction on the standard radiation pattern for 
    that mode of directional operation:
        (1) A tabulation of inverse field strengths in the horizontal plane 
    at 1 km, as determined from field strength measurements taken and 
    analyzed in accordance with Sec. 73.186, and a statement of the 
    effective measured field strength (RMS). Measurements shall be made in 
    at least the following directions:
    * * * * *
        8. Amend Sec. 73.213 by revising paragraph (a) introductory text to 
    read as follows:
    
    
    Sec. 73.213  Grandfathered short-spaced stations.
    
        (a) Stations at locations authorized prior to November 16, 1964, 
    that did not meet the separation distances required by Sec. 73.207 and 
    have remained continuously short-spaced since that time may be modified 
    or relocated with respect to such short-spaced stations, provided that 
    (i) any area predicted to receive interference lies completely within 
    any area currently predicted to receive co-channel or first-adjacent 
    channel interference as calculated in accordance with paragraph (a)(1) 
    of this section, or that (ii) a showing is provided pursuant to 
    paragraph (a)(2) of this section that demonstrates that the public 
    interest would be served by the proposed changes.
    * * * * *
        9. Amend Sec. 73.258 by revising paragraph (d) to read as follows:
    
    
    Sec. 73.258  Indicating instruments.
    
    * * * * *
        (d) If conditions beyond the control of the licensee prevent the 
    restoration of the meter to service within the above allowed period, an 
    informal letter request in accordance with Sec. 73.3549 may be filed 
    with the FCC, Attention: Audio Services Division, Mass Media Bureau, in 
    Washington, DC for such
    
    [[Page 33877]]
    
    additional time as may be required to complete repairs of the defective 
    instrument.
        10. Amend Sec. 73.312 by revising paragraph (b) to read as follows:
    
    
    Sec. 73.312  Topographic data.
    
    * * * * *
        (b) The Commission will not ordinarily require the submission of 
    topographical maps for areas beyond 24 km (15 miles) from the antenna 
    site, but the maps must include the principal city or cities to be 
    served. If it appears necessary, additional data may be requested.
    * * * * *
        11. Amend Sec. 73.313 by revising paragraphs (c)(2) and (d)(2) to 
    read as follows:
    
    
    Sec. 73.313  Prediction of coverage.
    
    * * * * *
        (c) * * *
        (2) To use the chart for other ERP values, convert the ordinate 
    scale by the appropriate adjustment in dB. For example, the ordinate 
    scale for an ERP of 50 kW should be adjusted by 17 dB [10 log (50 kW) = 
    17 dBk], and therefore a field strength of 60 dBu would correspond to 
    the field strength value at (60-17 =) 44 dBu on the chart. When 
    predicting the distance to field strength contours, use the maximum ERP 
    of the main radiated lobe in the pertinent azimuthal direction (do not 
    account for beam tilt). When predicting field strengths over areas not 
    in the plane of the maximum main lobe, use the ERP in the direction of 
    such areas, determined by considering the appropriate vertical 
    radiation pattern.
        (d) * * *
        (2) Where the 3 to 16 kilometers portion of a radial extends in 
    whole or in part over a large body of water or extends over foreign 
    territory but the 50 uV/m (34 dBu) contour encompasses land area within 
    the United States beyond the 16 kilometers portion of the radial, the 
    entire 3 to 16 kilometers portion of the radial must be included in the 
    computation of antenna height above average terrain. However, where the 
    50 uV/m (34 dBu) contour does not so encompass United States land area, 
    and (i) the entire 3 to 16 kilometers portion of the radial extends 
    over large bodies of water or over foreign territory, such radial must 
    be completely omitted from the computation of antenna height above 
    average terrain, and (ii) where a part of the 3 to 16 kilometers 
    portion of a radial extends over large bodies of water or foreign 
    territory, only that part of the radial extending from 3 kilometers to 
    the outermost portion of land in the United States covered by the 
    radial used must be used in the computation of antenna height above 
    average terrain.
    * * * * *
        12. Amend Sec. 73.503 by revising the note at the end of the 
    section to read as follows:
    
    
    Sec. 73.503  Licensing requirements and service.
    
    * * * * *
        Note to Sec. 73.503: Commission interpretation on this rule, 
    including the acceptable form of acknowledgements, may be found in 
    the Second Report and Order in Docket No. 21136 (Commission Policy 
    Concerning the Noncommercial Nature of Educational Broadcast 
    Stations), 86 FCC 2d 141 (1981); the Memorandum Opinion and Order in 
    Docket No. 21136, 90 FCC 2d 895 (1982), and the Memorandum Opinion 
    and Order in Docket 21136, 97 FCC 2d 255 (1984). See also, 
    ``Commission Policy Concerning the Noncommercial Nature of 
    Educational Broadcast Stations,'' Public Notice, 7 FCC Rcd 827 
    (1992), which can be retrieved through the Internet at http://
    www.fcc.gov/mmb/asd/nature.html.
    
        13. Amend Sec. 73.561 by revising paragraphs (c) and (d) to read as 
    follows:
    
    
    Sec. 73.561  Operating schedule; time sharing.
    
    * * * * *
        (c) A departure from the regular schedule set forth in a time-
    sharing agreement will be permitted only in cases where a written 
    agreement to that effect is reduced to writing, is signed by the 
    licensees of the stations affected thereby, and is filed in triplicate 
    by each licensee with the Commission, Attention: Audio Services 
    Division, Mass Media Bureau, prior to the time of the proposed change. 
    If time is of the essence, the actual departure in operating schedule 
    may precede the actual filing of the written agreement, provided that 
    appropriate notice is sent to the Commission in Washington, DC, 
    Attention: Audio Services Division, Mass Media Bureau.
        (d) In the event that causes beyond the control of a permittee or 
    licensee make it impossible to adhere to the operating schedule in 
    paragraphs (a) or (b) of this section or to continue operating, the 
    station may limit or discontinue operation for a period not exceeding 
    30 days without further authority from the Commission, Provided, That 
    notification is sent to the Commission in Washington, DC, Attention: 
    Audio Services Division, Mass Media Bureau, no later than the 10th day 
    of limited or discontinued operation. During such period, the permittee 
    shall continue to adhere to the requirements of the station license 
    pertaining to the lighting of antenna structures. In the event normal 
    operation is restored prior to the expiration of the 30 day period, the 
    permittee or licensee will notify the FCC, Attention: Audio Services 
    Division of the date that normal operations resumed. If causes beyond 
    the control of the permittee or licensee make it impossible to comply 
    within the allowed period, Special Temporary Authority (see Section 
    73.1635) must be requested to remain silent for such additional time as 
    deemed necessary. The license of a broadcasting station that fails to 
    transmit broadcast signals for any consecutive 12 month period expires 
    as a matter of law at the end of that period, notwithstanding any 
    provision, term, or condition of license to the contrary.
        14. Amend Sec. 73.1350 by revising paragraph (g) to read as 
    follows:
    
    
    Sec. 73.1350  Transmission system operation.
    
    * * * * *
        (g) Whenever a transmission system control point is established at 
    a location other than the main studio or transmitter, a letter of 
    notification of that location must be sent to the FCC in Washington, 
    DC, Attention: Audio Services Division (radio) or Video Services 
    Division (television), Mass Media Bureau, within 3 days of the initial 
    use of that point. The letter should include a list of all control 
    points in use, for clarity. This notification is not required if 
    responsible station personnel can be contacted at the transmitter or 
    studio site during hours of operation.
    * * * * *
        15. Amend Sec. 73.1560 by revising paragraph (d) to read as 
    follows:
    
    
    Sec. 73.1560  Operating power and mode tolerances.
    
    * * * * *
        (d) Reduced power operation. In the event it becomes technically 
    impossible to operate at authorized power, a broadcast station may 
    operate at reduced power for a period of not more than 30 days without 
    specific authority from the FCC. If operation at reduced power will 
    exceed 10 consecutive days, notification must be made to the FCC in 
    Washington, DC, Attention: Audio Services Division (radio) or Video 
    Services Division (television), Mass Media Bureau, not later than the 
    10th day of the lower power operation. In the event that normal power 
    is restored within the 30 day period, the licensee must notify the FCC 
    of the date that normal operation was restored. If causes beyond the 
    control of the licensee prevent restoration of the authorized power 
    within 30 days, a request for Special Temporary Authority (see
    
    [[Page 33878]]
    
    Sec. 73.1635) must be made to the FCC in Washington, DC for additional 
    time as may be necessary.
        16. Amend Sec. 73.1680 by revising paragraph (b) introductory text 
    to read as follows:
    
    
    Sec. 73.1680  Emergency antennas.
    
    * * * * *
        (b) Prior authority from the FCC is not required by licensees and 
    permittees to erect and commence operations using an emergency antenna 
    to restore program service to the public. However, an informal letter 
    request to continue operation with the emergency antenna must be made 
    within 24 hours to the FCC in Washington, DC, Attention: Audio Services 
    Division (radio) or Video Services Division (television), Mass Media 
    Bureau, within 24 hours after commencement of its use. The request is 
    to include a description of the damage to the authorized antenna, a 
    description of the emergency antenna, and the station operating power 
    with the emergency antenna.
    * * * * *
        17. Revise Sec. 73.1750 to read as follows:
    
    
    Sec. 73.1750  Discontinuance of operation.
    
        The licensee of each station shall notify by letter the FCC in 
    Washington, DC, Attention: Audio Services Division (radio) or Video 
    Services Division (television), Mass Media Bureau, of the permanent 
    discontinuance of operation at least two days before operation is 
    discontinued. Immediately after discontinuance of operation, the 
    licensee shall forward the station license and other instruments of 
    authorization to the FCC, Attention: Audio Services Division (radio) or 
    Video Services Division (television), Mass Media Bureau, for 
    cancellation. The license of any station that fails to transmit 
    broadcast signals for any consecutive 12 month period expires as a 
    matter of law at the end of that period, notwithstanding any provision, 
    term, or condition of the license to the contrary. If a licensee 
    surrenders its license pursuant to an interference reduction agreement, 
    and its surrender is contingent on the grant of another application, 
    the licensee must identify in its notification the contingencies 
    involved.
        18. Amend Sec. 73.3542 by revising paragraph (b) to read as 
    follows:
    
    
    Sec. 73.3542  Application for emergency authorization.
    
    * * * * *
        (b) Emergency operating authority issued under this section may be 
    cancelled or modified by the FCC without prior notice or right to 
    hearing. See also Sec. 73.1250, Broadcasting Emergency Information, for 
    situations in which emergency operation may be conducted without prior 
    authorization, and Sec. 73.1635, Special Temporary Authorization (STA), 
    for temporary operating authorizations necessitated by circumstances 
    not within the ambit of this section.
        19. Amend Sec. 73.3544 by revising paragraph (b) introductory text 
    to read as follows:
    
    
    Sec. 73.3544  Application to obtain a modified station license.
    
    * * * * *
        (b) An informal application, see Sec. 73.3511(b), may be filed with 
    the FCC in Washington, DC, Attention: Audio Services Division (radio) 
    or Video Services Division (television), Mass Media Bureau, to cover 
    the following changes:
    * * * * *
        20. Revise Sec. 73.3549 to read as follows:
    
    
    Sec. 73.3549  Requests for extension of time to operate without 
    required monitors, indicating instruments, and EAS encoders and 
    decoders.
    
        Requests for extension of authority to operate without required 
    monitors, transmission system indicating instruments, or encoders and 
    decoders for monitoring and generating the EAS codes and Attention 
    Signal should be made to the FCC in Washington, DC, Attention: Audio 
    Services Division (radio) or Video Services Division (television), Mass 
    Media Bureau. Such requests must contain information as to when and 
    what steps were taken to repair or replace the defective equipment and 
    a brief description of the alternative procedures being used while the 
    equipment is out of service.
        21. Add a new Sec. 73.3617 to read as follows:
    
    
    Sec. 73.3617  Broadcast information available on the Internet.
    
        The Mass Media Bureau and each of its Divisions provide information 
    on the Internet regarding broadcast rules and policies, pending and 
    completed rulemakings, and pending applications. These sites also 
    include copies of public notices and texts of recent decisions. The 
    Mass Media Bureau Internet address ishttp://www.fcc.gov/mmb/; the Audio 
    Services Division address ishttp://www.fcc.gov/mmb/asd/; the Video 
    Services Division address is http://www.fcc.gov/mmb/vsd/; the Policy 
    and Rules Division address is http://www.fcc.gov/mmb/prd/; and the 
    Enforcement Division address is http://www.fcc.gov/mmb/enf/.
    Alphabetical Index
        22. Add the following references to the Alphabetical Index at the 
    end of part 73, in alphabetical order:
    
    Construction Near or Installation On an AM Tower........         73.1692
                                                                            
    *                  *                  *                  *              
                      *                  *                  *               
    Information available on the Internet...................         73.3617
                                                                            
    *                  *                  *                  *              
                      *                  *                  *               
    Installation On or Construction Near an AM Tower........         73.1692
                                                                            
    *                  *                  *                  *              
                      *                  *                  *               
                                                                            
    
    PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
    PROGRAM DISTRIBUTIONAL SERVICES
    
        23. The authority citation for part 74 continues to read as 
    follows:
    
        Authority: 47 U.S.C. 154, 303, 307 and 554.
    
        24. Amend Sec. 74.734 by revising paragraph (a)(4) to read as 
    follows:
    
    
    Sec. 74.734  Attended and unattended operation.
    
        (a) * * *
        (4) A letter notification must be filed with the FCC in Washington, 
    DC, Attention: Video Services Division, Mass Media Bureau, providing 
    the name, address, and telephone number of a person or persons who may 
    be called to secure suspension of operation of the transmitter promptly 
    should such action be deemed necessary by the FCC. Such information 
    shall be kept current by the licensee.
    * * * * *
        25. Amend Sec. 74.751 by revising paragraph (c) to read as follows:
    
    [[Page 33879]]
    
    Sec. 74.751  Modification of transmission systems.
    
    * * * * *
        (c) Other equipment changes not specifically referred to in 
    paragraphs (a) and (b) of this section may be made at the discretion of 
    the licensee, provided that the FCC in Washington, DC, Attention: Video 
    Services Division, Mass Media Bureau, is notified in writing upon the 
    completion of such changes.
    * * * * *
        26. Amend Sec. 74.763 by revising paragraph (b) to read as follows:
    
    
    Sec. 74.763  Time of operation.
    
    * * * * *
        (b) In the event that causes beyond the control of the low power TV 
    or TV translator station licensee make it impossible to continue 
    operating, the licensee may discontinue operation for a period of not 
    more than 30 days without further authority from the FCC. Notification 
    must be sent to the FCC in Washington, DC, Attention: Video Services 
    Division, Mass Media Bureau, not later than the 10th day of 
    discontinued operation. During such period, the licensee shall continue 
    to adhere to the requirements in the station license pertaining to the 
    lighting of antenna structures. In the event normal operation is 
    restored prior to the expiration of the 30 day period, the FCC in 
    Washington, DC, Attention: Video Services Division, Mass Media Bureau, 
    shall be notified in writing of the date normal operations resumed. If 
    causes beyond the control of the licensee make it impossible to comply 
    within the allowed period, a request for Special Temporary Authority 
    (see Sec. 73.1635 of this chapter) shall be made to the FCC no later 
    than the 30th day for such additional time as may be deemed necessary.
    * * * * *
        27. Amend Sec. 74.784 by revising paragraph (b) to read as follows:
    
    
    Sec. 74.784  Rebroadcasts.
    
    * * * * *
        (b) The licensee of a low power TV or TV translator station shall 
    not rebroadcast the programs of any other TV broadcast station or other 
    station authorized under the provisions of this Subpart without 
    obtaining prior consent of the station whose signals or programs are 
    proposed to be retransmitted. The FCC, Attention: Video Services 
    Division, Mass Media Bureau, shall be notified of the call letters of 
    each station rebroadcast, and the licensee of the low power TV or TV 
    broadcast translator station shall certify it has obtained written 
    consent from the licensee of the station whose programs are being 
    retransmitted.
    * * * * *
        28. Amend Sec. 74.1231 by revising paragraph (b) introductory text 
    to read as follows:
    
    
    Sec. 74.1231  Purpose and permissible service.
    
    * * * * *
        (b) An FM translator may be used for the purpose of retransmitting 
    the signals of a primary FM radio broadcast station or another 
    translator station the signal of which is received directly through 
    space, converted, and suitably amplified. However, an FM translator 
    providing fill-in service may use any terrestrial facilities to receive 
    the signal that is being rebroadcast. An FM booster station or a 
    noncommercial educational FM translator station that is operating on a 
    reserved channel (Channels 201-220) and is owned and operated by the 
    licensee of the primary noncommercial educational station it 
    rebroadcasts may use alternative signal delivery means, including, but 
    not limited to, satellite and terrestrial microwave facilities. 
    Provided, however, that an applicant for a noncommercial educational 
    translator operating on a reserved channel (Channel 201-220) and owned 
    and operated by the licensee of the primary noncommercial educational 
    FM station it rebroadcasts complies with either paragraph (b)(1) or 
    (b)(2) of this section:
    * * * * *
        29. Amend Sec. 74.1234 by revising paragraph (a)(4) to read as 
    follows:
    
    
    Sec. 74.1234  Unattended operation.
    
        (a) * * *
        (4) The FCC in Washington, DC, Attention: Audio Services Division, 
    Mass Media Bureau, shall be supplied by letter with the name, address, 
    and telephone number of a person or persons who may be contacted to 
    secure suspension of operation of the translator promptly should such 
    action be deemed necessary by the Commission. Such information shall be 
    kept current by the licensee.
    * * * * *
        30. Amend Sec. 74.1235 by revising paragraph (c) and adding 
    paragraphs (d)(1), (d)(2) and (d)(3) to read as follows:
    
    
    Sec. 74.1235  Power limitations and antenna systems.
    
    * * * * *
        (c) The effective radiated power of FM booster stations shall be 
    limited such that the predicted service contour of the booster station, 
    computed in accordance with Sec. 73.313 paragraphs (a) through (d) of 
    this chapter, may not extend beyond the corresponding service contour 
    of the primary FM station that the booster rebroadcasts. In no event 
    shall the ERP of the booster station exceed 20% of the maximum 
    allowable ERP for the primary station's class.
        (d) * * *
        (1) Translator stations located within 125 kilometers of the 
    Mexican border may operate with an ERP up to 50 watts (0.050 kW) ERP. A 
    booster station may not produce a 34 dBu 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 of the booster station 
    exceed 8.7 km from the transmitter site in the direction of the Mexican 
    border.
        (2) Translator stations located between 125 kilometers and 320 
    kilometers from the Mexican border may operate with an ERP in excess of 
    50 watts, up to the maximum permitted ERP of 250 watts per 
    Sec. 74.1235(b)(2). However, in no event shall the location of the 60 
    dBu contour lie within 116.3 km of the Mexican border.
        (3) 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 Sec. 74.1235(a) and (b). The distance to the 34 dBu 
    interfering contour may not exceed 60 km in any direction.
    * * * * *
        31. Amend Sec. 74.1251 by revising paragraph (b)(6) to read as 
    follows:
    
    
    Sec. 74.1251  Technical and equipment modifications.
    
    * * * * *
        (b) * * *
        (6) Any change in the output frequency of a translator.
    * * * * *
        32. Add a new Sec. 74.1290 to read as follows:
    
    
    Sec. 74.1290  FM translator and booster station information available 
    on the Internet.
    
        The Mass Media Bureau's Audio Services Division provides 
    information on the Internet regarding FM translator and booster 
    stations, rules, and policies at http://www.fcc.gov/mmb/asd/.
    
    Alphabetical Index
    
        33. Add the following reference to the Alphabetical Index at the 
    end of part 74, in alphabetical order:
    
    [[Page 33880]]
    
    
    
                                                                            
    *                  *                  *                  *              
                      *                  *                  *               
    Information on the Internet, FM translator and booster                  
     stations...............................................         74.1290
                                                                            
    *                  *                  *                  *              
                      *                  *                  *               
                                                                            
    
    [FR Doc. 98-16513 Filed 6-19-98; 8:45 am]
    BILLING CODE 6712-01-P
    
    
    

Document Information

Published:
06/22/1998
Department:
Federal Communications Commission
Entry Type:
Rule
Action:
Final rule.
Document Number:
98-16513
Dates:
July 22, 1998.
Pages:
33875-33880 (6 pages)
Docket Numbers:
MM Docket No. 98-93, FCC 98-117
PDF File:
98-16513.pdf
CFR: (31)
47 CFR 73.1635)
47 CFR 74.1235(b)(2)
47 CFR 73.45
47 CFR 73.54
47 CFR 73.58
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