Document text
Federal Communications Commission
Washington, D.C. 20554
April 7, 2017
DA 17-311
Small Entity Compliance Guide
Revitalization of the AM Radio Service:
(Revision of Siting Rule for FM Cross-Service Fill-In Translators)
FCC 17-14
MB Docket No. 13-249
This Guide is prepared in accordance with the requirements of Section
212 of the Small Business Regulatory Enforcement Fairness Act of 1996.
It is intended to help small entities—small businesses, small
organizations (non-profits), and small governmental jurisdictions—
comply with the new rules adopted in the above-referenced FCC
rulemaking docket(s). This Guide is not intended to replace the rules
and, therefore, final authority rests solely with the rules. Although we
have attempted to cover all parts of the rules that might be especially
important to small entities, the coverage may not be exhaustive. This
Guide may, perhaps, not apply in a particular situation based upon the
circumstances, and the FCC retains the discretion to adopt approaches
on a case-by-case basis that may differ from this Guide, where
appropriate. Any decisions regarding a particular small entity will be
based on the statute and regulations.
In any civil or administrative action against a small entity for a violation
of rules, the content of the Small Entity Compliance Guide may be
considered as evidence of the reasonableness or appropriateness of
proposed fines, penalties or damages. Interested parties are free to file
comments regarding this Guide and the appropriateness of its
application to a particular situation; the FCC will consider whether the
recommendations or interpretations in the Guide are appropriate in that
situation. The FCC may decide to revise this Guide without public notice
to reflect changes in the FCC’s approach to implementing a rule, or to
clarify or update the text of the Guide. Direct your comments and
recommendations, or calls for further assistance, to the FCC’s
Consumer Center:
1-888-CALL-FCC (1-888-225-5322)
TTY: 1-888-TELL-FCC (1-888-835-5322)
Fax: 202-418-0232
2775
Decision Document and Internet Link
Revitalization of the AM Radio Service, Second Report and Order, FCC 17-14, 32 FCC Red
(Feb. 24, 2017); 82 Fed. Reg. 13069 (Mar. 9, 2017) (Summary); 82 Fed. Reg. 13969
(Mar. 16, 2017) (Effective Date Notice);
https://apps.fec.gov/edocs_public/attachmatch/FCC-17-14A1.docx (Word);
https://apps.fec.gov/edocs_public/attachmatch/FCC-17-14A1.pdf (Acrobat).
Background
AM radio has traditionally served as a vital source of news and information for the public, as
well as a critical lifeline in times of emergencies and man-made or natural disasters. AM
listenership has nevertheless declined with the rise of newer, higher fidelity media
alternatives, as well as the rise in environmental noise and interference from man-made
sources. Given the erosion in AM listenership and the above-noted technical challenges to
our oldest broadcast service, the Commission initiated this proceeding in 2013 to propose a
filing window and five rule changes designed to improve the AM service. The Commission
also solicited suggestions of other measures that should be taken to revitalize the AM service
and assist the approximately 4,700 licensed AM stations in serving their listeners.
In 2015, the Commission adopted a number of those proposals and issued a Further Notice of
Proposed Rule Making (FNPRM) seeking comment on other proposals, including the one
discussed here. Revitalization of the AM Radio Service, First Report and Order, Further
Notice of Proposed Rule Making, and Notice of Inquiry, 30 FCC Red 12145 (2015).
Key Objectives of This Aspect of the Proceeding
In 2009, in order to allow AM stations to better serve their local communities, the
Commission modified its rules to allow such stations to use FM translators to retransmit their
AM services within the AM stations’ coverage areas. However, the Commission limited the
permissible locations for such translator stations.
In this proceeding, the Commission modified its rule specifying where such a cross-service
FM translator rebroadcasting an AM broadcast station signal may be located, thereby
expanding the range of options for cross-service translator siting.
Entities Directly Affected by the Rule
AM radio broadcasters
FM translator licensees and permittees
Key Compliance Requirements
Cross-service translator (FM translator rebroadcasting AM station) siting rule. In the
2015 FNPRM in this proceeding referred to above, the Commission proposed to change its
2009 rule establishing where a cross-service FM translator could be located. The original
rule (47 CFR § 74.1201(g)) required that an FM translator rebroadcasting an AM station must
be located such that the 60 dBu contour of the FM translator station is contained within the
lesser of: (a) the 2 millivolts per meter (mV/m) daytime contour of the AM station, or (b) a
25-mile radius centered at the AM transmitter site. Many commenters suggested that this
standard was too restrictive and should be changed to provide that the coverage contour of an
2776
FM translator rebroadcasting an AM station as its primary station must be contained within
the greater of the 2 mV/m daytime contour or a 25-mile radius. Some argued that the current
standard disadvantages AM stations employing directional signals with deep signal nulls,
resulting in a 2 mV/m contour extending only a short distance from the transmitter site that
would disadvantage a translator co-located with the AM transmitter. Others contended that
the current limitations made it difficult for AM stations having transmitters located at some
distance from their communities of license, due to land costs, to locate translators nearer to
those communities to facilitate service to their listening audiences. After considering these
comments, the Commission proposed in the FNPRM to change the standard to the greater of
the 2 mV/m daytime contour or a 25-mile radius centered at the AM transmitter site, but with
the limitation that the translator’s 1 mV/m coverage contour may not extend beyond a 40-
mile (64 km) radius centered at the AM transmitter site. The Commission reasoned that this
rule would offer broadcasters sufficient flexibility to provide useful signal coverage, while
not allowing a cross-service fill-in translator to extend the station's coverage beyond its core
service area. Commenters overwhelmingly supported the proposed relaxation of the current
FM translator siting rule, with many arguing that the Commission should increase the 40-mile
limit or not implement it at all.
Having read and considered the comments addressing this proposal, and given the
overwhelming support expressed for it or slight variations from it, the Commission adopted
the proposal set forth in the FNPRM with one change. Specifically, the Commission agreed
with commenters who found that the 40-mile limitation on translator siting may, in some
cases, be unduly restrictive, and accordingly removed that limitation from the rule change as
adopted. It found this change to be consistent with the objective, articulated in the FVPRM,
to provide flexibility to an AM station using a cross-service translator to serve its core market
while not extending its signal beyond the station’s core service area. To the extent that some
commenters argued that eliminating the 40-mile limitation would enable the extension of
service beyond an AM station’s core service area or community of license, the Commission
noted that it had already held that the 2 mV/m contour in all cases constitutes an AM station’s
primary service area, thus it did not believe it necessary to impose the 40-mile limitation to
ensure that the use of FM translators will not result in such extensions of service. The
Commission thus amended section 74.1201(g) of the rules to provide that an FM translator
rebroadcasting an AM broadcast station must be located such that the 60 dBu contour of the
FM translator station must be 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’s transmitter
site.
The Commission will act on the other FNPRM proposals in a later Report and Order.
Licensing:
Electronic Filing Required: FCC Forms 349 (Application for Authority to Construct or Make
Changes in an FM Translator or FM Booster Station) and 345 (Application for Transfer of
Control of a Corporate Licensee or Permittee, or Assignment of License or Permit, for an FM
or TV Translator Station, or a Low Power Television Station) must still be filed electronically
using the Commission’s Consolidated Database System (CDBS) Electronic Filing System via
the Internet from the Media Bureau’s Web site at:
http://licensing.fcc.gov/prod/cdbs/pubacc/prod/cdbs_pa.htm or
https://licensing. fcc.gov/prod/cdbs/forms/prod/cdbs_ef.htm.
2777