[Federal Register: December 23, 2002 (Volume 67, Number 246)]
[Rules and Regulations]
[Page 78193-78195]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23de02-19]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 99-325; FCC 02-286]
Digital Audio Broadcasting Systems and Their Impact on the
Terrestrial Radio Broadcast Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this proceeding the Commission selects in-band, on-channel
(IBOC) as the sole digital technology for the terrestrial radio
broadcast service. The Commission announces notification procedures
that will allow AM and FM broadcasters to begin interim digital
operations immediately using the IBOC systems developed by iBiquity
Digital Corporation. Finally, the Commission concludes that adoption of
a single IBOC transmission standard would be beneficial, and solicits
industry assistance in the development of a formal standard.
DATES: Effective January 22, 2003.
FOR FURTHER INFORMATION CONTACT: Peter H. Doyle, Audio Services
Division, Mass Media Bureau (202) 418-2700.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's First
Report and Order in MM. Docket No. 99-325, adopted October 10, 2002,
and released October 11, 2002. The complete text of this First Report
and Order is available for inspection and copying during normal
business hours in the FCC Reference Center (Room CY-A257), 445 12th
Street, SW., Washington, DC, and may also be purchased from the
Commission's copy contractor, Qualex International, (202) 863-2893, 445
12th Street, SW., Room CY-B402, Washington, DC 20554. The complete text
is also available on the Internet at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-02-286A1.pdf
.
Synopsis of First Report and Order
1. Introduction
The Commission initiated this proceeding in November 1999 to
advance the development of digital audio broadcasting (DAB) in the
terrestrial radio service. The Notice of Proposed Rulemaking (NPRM; 64
FR 61054, November 9, 1999) sought comment on alternatives for
introducing DAB to the American public. The NPRM cited the promising
preliminary results of several IBOC systems under development at the
time. IBOC systems, designed to allow the simultaneous transmission of
analog and digital signals within the existing AM and FM bands, had the
potential to offer a seamless transition to digital technology without
the need for allocation of additional spectrum. The NPRM noted,
however, that IBOC technology was still unproven at the time.
Therefore, the NPRM also sought comment on the use of other DAB
technologies designed to operate in new spectrum.
IBOC developers made significant progress in the years following
the NPRM. Two IBOC developers, Lucent Digital Radio, Inc. and USA
Digital Radio, Inc., merged to form iBiquity Digital Corporation--the
only remaining IBOC proponent. iBiquity has continued to develop its
IBOC technology and to cooperate in an extensive independent testing
program. In contrast, out-of-band DAB options do not appear viable in
the near term. No new spectrum is available for an out-of-band
technology, and comments in this proceeding show no broadcast industry
proponent for an approach other than IBOC.
2. National Radio Systems Committee Test Program
The NPRM solicited the assistance of the private sector in
evaluating candidate DAB systems. The National Radio Systems Committee
(NRSC) responded with a comprehensive DAB test program. The only DAB
systems submitted to the NRSC for evaluation were the iBiquity AM and
FM ``hybrid'' IBOC systems. The term ``hybrid'' describes an IBOC
system designed to transmit both analog and digital signals within the
spectral emission mask of a single AM or FM channel. After an
exhaustive testing and evaluation process, the NRSC strongly endorsed
iBiquity's AM and FM IBOC systems, with AM IBOC initially limited to
daytime use subject to additional testing under nighttime propagation
conditions.
3. FM IBOC Test Results
The NRSC judged the audio quality of the iBiquity hybrid FM IBOC
system as superior to that of analog FM. Furthermore, the NRSC reports
that the hybrid digital signal is more robust than analog FM in the
face of impairments such as multipath interference, co- and adjacent
channel interference, and noise. Test reports cited a small increase in
potential interference to the reception of first-adjacent analog
signals, mainly outside normally protected FM coverage contours. The
Commission agreed with the NRSC and the majority of commenters that the
small increase in potential interference is an acceptable tradeoff in
view of the benefits inherent in digital technology.
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The NRSC's test program included an assessment of the effects of
IBOC on FM subcarriers, secondary services normally used for GPS data,
utility load management, foreign language programming, and radio
reading services. The NRSC's report concluded that the most common
digital subcarrier services, such as the Radio Broadcast Data System,
would not be affected by IBOC. The NRSC recommended further testing of
the effect of IBOC on analog subcarrier services such as reading for
the blind. Additional tests showed that, in some circumstances, analog
subcarrier receivers may receive significant new interference from IBOC
operations on the second adjacent FM channel. The Commission
acknowledges the importance of services such as reading for the blind,
and directs broadcasters who implement IBOC to work closely with the
providers of these services to resolve complaints of interference. The
First Report and Order cautions broadcasters that interim IBOC
authority may be rescinded if legitimate interference complaints cannot
be resolved.
4. AM IBOC Test Results
The iBiquity AM IBOC system offers a dramatic improvement in audio
quality compared with analog AM, which is limited by its inherently
poor fidelity and susceptibility to noise. This improvement comes at
the cost of a bandwidth reduction for the analog portion of a hybrid
IBOC AM signal, and of possible new interference from the digital AM
IBOC system. The NRSC tests show that introduction of the digital IBOC
signal will decrease the signal-to-noise performance of receivers tuned
to the host analog signal. The change would not be objectionable to
most listeners, according to subjective tests. The addition of the
digital IBOC signal may cause interference to the reception of first-
adjacent signals; in some cases, first-adjacent interference may occur
within the AM station's protected contour. The potential for first-
adjacent interference prompted some commenters to suggest reducing the
power of the digital sidebands by 6 dB. Other commenters strongly
opposed the digital power reduction, citing the necessity of maximizing
digital coverage. The Commission declined to require a digital AM power
reduction, opting instead to accept the NRSC's recommendation to
implement the iBiqiuity AM IBOC system as tested. In situations where
interference is more likely, AM broadcasters may choose to reduce
digital carrier power. Furthermore, the Commission may order such a
power reduction to resolve interference complaints when the parties
cannot do so. The NRSC did not test the AM IBOC system under nighttime
propagation conditions, which are vastly different than daytime
conditions in the AM band. Consequently, the NRSC recommended and the
Commission agreed that AM IBOC should be limited to daytime use pending
further testing.
5. Adoption of IBOC Standards
The NPRM listed the following ten criteria the Commission would use
to evaluate a candidate digital audio broadcasting system: enhanced
audio fidelity; robustness to interference and other signal
impairments; compatibility with existing analog service; spectrum
efficiency; flexibility; auxiliary capability; extensibility;
accommodation for existing broadcasters; coverage; and affordability.
The record in this proceeding demonstrates that the iBiquity IBOC
systems, evaluated according to the foregoing criteria, offer the best
way to advance the Commission's policy goals for digital transition.
The iBiquity systems enjoy strong support from the broadcast industry,
and are the only systems that could be implemented in the near future.
Accordingly, the First Report and Order selects IBOC as the sole
digital transmission technology for terrestrial broadcasters. The First
Report and Order agrees with the majority of commenters that
designation of a single IBOC standard would facilitate the efficient
and orderly transition to digital radio. The Commission therefore
solicits the assistance of the public in a formal standard-setting
process, and notes that the NRSC has already formed an IBOC standards
development working group.
6. Interim IBOC Operation
To encourage rapid consumer acceptance of the new IBOC technology,
the Commission permits AM and FM broadcasters to begin interim IBOC
operations immediately using the iBiquity technology. Upon approval by
the Office of Management and Budget, broadcasters who initiate IBOC
operation shall notify the Commission by letter. The notification
letter shall include certifications that the effective radiated power
of the analog signal remains as authorized, and that the station
remains in compliance with the Commission's rules governing human
exposure to radiofrequency radiation.
Final Regulatory Flexibility Certification
The Regulatory Flexibility Act of 1980, as amended (RFA; see 5
U.S.C. 601-602), requires that a regulatory flexibility analysis be
prepared for notice and comment rule making proceedings, unless the
agency certifies that ``the rule will not, if promulgated, have a
significant economic impact on a substantial number of small
entities.'' 5 U.S.C. 601(b). The RFA generally defines the term ``small
entity'' as having the same meaning as the terms ``small business,''
``small organization,'' and ``small governmental jurisdiction.'' 5
U.S.C. 601(6). In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. 5 U.S.C. 601(3). A ``small business concern'' is one which: (1) Is
independently owned and operated; (2) is not dominant in its field of
operation; and (3) satisfies any additional criteria established by the
Small Business Administration (SBA). 15 U.S.C. 632.
As required by the RFA, an Initial Regulatory Flexibility Analysis
(IRFA) was incorporated in the NPRM in MM Docket No. 99-325. The
Commission sought written public comments on the proposals in the NPRM
including comments on the IRFA. The Office of Advocacy, U.S. Small
Business Administration filed comments asserting that the Commission,
in the IRFA, failed to adequately consider the potential impact of
digital transition on small business and did not discuss alternatives
designed to minimize regulatory burdens on small entities.
Specifically, SBA states that ``[B]efore concluding that analog systems
must sunset, the Commission should provide data on the cost of
transition and should ensure that DAB will not burden small business.''
SBA further states that the Commission should make the results of the
IBOC tests public to determine viability and compatibility including
any interference concerns. It suggests that ``* * * a better course of
action might be to permit stations to install digital systems but only
if they do not cause interference to analog systems. In this scenario,
digital and analog systems would operate concurrently.'' According to
SBA, the Commission ``* * * should issue additional notices of proposed
rulemaking as it gleans additional information regarding the
feasibility and desirability of DAB transition.'' Finally, SBA states
that the Commission failed to discuss alternatives that would minimize
the regulatory burden on small entities.
Although, in this First Report and Order the Commission takes two
actions, neither of which will have a significant impact on small
entities, our approach to digital implementation is consistent with
that advocated by SBA. First, the Commission endorses IBOC
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technology for use by AM and FM digital audio broadcasting operations.
Second, the Commission authorizes interim, voluntary digital
broadcasting operations for both AM and FM licensees. Only those
broadcasters wishing to take advantage of this opportunity to begin
digital broadcasting need comply with any notification or technical
requirements. Those broadcasters choosing not to initiate such digital
operations will not be materially affected. The Commission will issue a
Further NPRM proposing final rules for digital audio broadcasting and
will consider the impact of any final rules on small entities in
connection with that further proceeding. We therefore certify that the
requirements of this First Report and Order will not have a significant
economic impact on a substantial number of small entities.
In adopting this approach, we carefully analyzed the results of the
IBOC tests and we conclude that any minimal interference that might be
caused is outweighed by the benefits of digital service. Such benefits
will accrue to small entities as well as large businesses should they
choose to implement digital operation. In addition, we adopt procedures
for these voluntary operations to assure that any interference
complaints are resolved quickly. Under this plan, analog and digital
systems will operate concurrently, a result advocated by SBA. With
respect to the potential cost of implementation, preliminary estimates
indicate that that IBOC costs are not unreasonable and that use of IBOC
is inherently less costly than other systems. Again, we emphasize that
the interim operations adopted here are strictly voluntary and thus no
broadcaster will be compelled to incur any costs. Finally, as SBA
suggests, we will issue a Further NPRM to solicit comment on any final
digital transition rules.
The Commission will send a copy of the First Report and Order,
including a copy of this Final Regulatory Flexibility Certification, in
a report to Congress pursuant to the Congressional Review Act. 5 U.S.C.
801(a)(1)(A). In addition, the First Report and Order and this final
certification will be sent to the Chief Counsel for Advocacy of the
SBA. 5 U.S.C. 605(b).
This document is available in alternative formats (computer
diskette, large print, audio record, and Braille). Persons with
disabilities who need documents in these formats may contact Brian
Millin at (202) 418-7426 (voice), (202) 418-7365 (TTY), or via e-mail
at bmillin@fcc.gov.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 02-32212 Filed 12-20-02; 8:45 am]
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