[Federal Register: August 8, 2007 (Volume 72, Number 152)]
[Rules and Regulations]
[Page 44418-44423]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au07-13]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 03-151; FCC 07-97]
Amendment of the Commission's Rules Regarding AM Directional
Antennas
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The Commission issued this document in order to resolve a
conflict between the requirements of the rules regarding what
corrective actions an AM broadcast station licensee must take when
experiencing difficulties in the operation of a station's AM
directional antenna.
DATES: Effective September 7, 2007.
FOR FURTHER INFORMATION CONTACT: Karen Kosar, Karen.Kosar@fcc.gov of
the Media Bureau, Policy Division, (202) 418-2120 or Charles Miller,
Charles.Miller@fcc.gov of the Media Bureau, Audio Division, (202) 418-
2700.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order (Order), FCC 07-97, adopted on May 22, 2007 and released on
May 25, 2007. 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
[[Page 44419]]
Street, SW., CY-A257, Washington, DC, 20554. These documents will also
be available via ECFS (http://www.fcc.gov/cgb/ecfs/). (Documents will
be available electronically in ASCII, Word 97, and/or Adobe Acrobat.)
The complete text may be purchased from the Commission's copy
contractor, 445 12th Street, SW., Room CY-B402, Washington, DC 20554.
To request this document in accessible formats (computer diskettes,
large print, audio recording, and Braille), send an e-mail to
fcc504@fcc.gov or call the Commission's Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).
Paperwork Reduction Act
This document does not contain new or modified information
collection requirements subject to the Paperwork Reduction Act of 1995
(``PRA''), Public Law 104-13. In addition, therefore, it does not
contain any new or modified ``information collection burdens for small
business concerns with fewer than 25 employees,'' pursuant to the Small
Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4).
Summary of the Report and Order
I. Introduction
1. This Report and Order (``Order'') is issued to resolve a
conflict between the requirements of Sec. Sec. 73.62 and 73.1350(d)(2)
of the Commission's rules regarding what corrective actions an AM
broadcast station licensee must take when encountering certain
difficulties in the operation of a station's AM directional antenna.
Specifically, we consider the proposed amendments as set forth in FCC
03-160 of the Notice of Proposed Rulemaking (``NPRM'') 68 FR 44273,
July 28, 2003, issued in the above-captioned proceeding and the
comments filed in response thereto; see In the Matter of Sec. Sec.
73.62 and 73.1350 of the Commission's Rules, 18 FCC Rcd 13570 (2003)
(``NPRM''). A list of parties filing comments and reply comments is set
forth in Appendix A.
II. Discussion
2. Each of the rules at issue is invoked when an AM broadcast
station's directional antenna operating parameters and/or monitoring
point field strengths exceed operating tolerances. The operating
parameters of an AM directional antenna are the relative amplitudes and
phases of the currents in the individual towers of the array. Stations
that use directional antennas are required to have an FCC authorized
antenna monitor to measure the operating parameters. Each AM station
using a directional antenna must take field strength measurements at
the monitoring point locations specified in the instrument of
authorization, as often as necessary to ensure that fields at those
points do not exceed the values specified in the station authorization.
According to the Commission's current version of the rules, Sec. Sec.
73.62 and 73.1350(d)(2) require different courses of action when an AM
station's directional monitoring parameters exceed the required
operating tolerances. Section 73.62 of the rules, specifically
addressing directional antenna system tolerances, requires that
whenever the operating parameters of a directional antenna cannot be
maintained within the tolerances specified in the rule, an AM licensee
has 24 hours within which to identify any excessive monitoring point
field strengths followed by three additional hours to take corrective
action.
In contrast, Sec. 73.1350(d)(2) of the rules, which addresses
transmission system operation, requires that, in the event of any
condition of antenna parameters or monitoring points out of tolerance,
station operation be terminated within three minutes unless power is
reduced sufficiently to eliminate any excess radiation. The NPRM
proposed amendments to both sections of the rules in order to resolve
any conflict by clearly delineating situations that require 24 hour,
three-hour and/or three-minute responses by AM licensees experiencing
directional antenna out-of-tolerance operation. The NPRM stated that
clarity in the Commission's rules is especially critical when the rules
may require that broadcast operations terminate within a matter of
minutes. Moreover, when broadcast operations cease and programming is
disrupted, broadcast listeners, in some cases, may be deprived of
critical information regarding hazardous weather and other emergency
conditions. Broadcast licensees also may be faced with fines and
forfeitures when found to be out of compliance with Commission rules.
It is therefore essential that the rules governing licensee compliance
be unambiguous.
3. The NPRM tentatively concluded that Sec. 73.1350(d)(2) of the
rules requiring termination of broadcast operation in three minutes was
excessively stringent and was not intended to apply to instances of
minor out-of-tolerance AM directional antenna operating parameters. It
proposed that a requirement to terminate operation in three minutes
should apply only to catastrophic events that are likely to cause
significant disruption to the operation of other stations or that pose
a threat to life or property. It also proposed that a requirement to
terminate operation within three hours should apply to instances of
out-of-tolerance operation that are likely to result in minor
interference to other stations. The NPRM tentatively concluded that in
the case of minor variances of operating parameters caused by
environmental changes, the provision of Sec. 73.62 which allows 24
hours to determine the existence of an out-of-tolerance condition for
an AM directional antenna system is reasonable. The NPRM also
tentatively concluded that the language currently included in Sec.
73.1350(d) that specifically addresses AM directional antenna systems
should be relocated to Sec. 73.62 because that section of the rules
applies only to AM licensees, while Sec. 73.1350 applies equally to
AM, FM and TV licensees.
4. The commenters participating in this proceeding generally
support the substantive amendments proposed by the Commission in the
NPRM. Womble Carlyle Sandridge & Rice, PLLC (``WCSR'') state that there
is a clear conflict between the two rules and the proposed amendments
will provide AM licensees with unambiguous guidance regarding
appropriate conduct involving cases of AM directional antenna out-of-
tolerance operation. The National Association of Broadcasters (``NAB'')
states that it strongly supports the Commission's proposal that the
three-minute rule should not apply to instances of minor-out-of-
tolerance AM directional operating parameters and that the abbreviated
time frame should apply only when operation poses significant
disruption to another licensee or poses a threat to life or property.
Likewise, NAB supports the three-hour rule for operations likely to
result in minor interference to other licensees and a 24-hour time
period to determine minor operating variances caused by environmental
changes.
5. While Mullaney Engineering, Inc. (``MEI'') states that it fully
supports the amendments proposed in the NPRM, it claims that there are
two areas of ambiguity that remain regarding the proposals and the
actions that AM licensees are required to take when confronted with AM
directional out-of-tolerance conditions. First, MEI states that
clarification is needed regarding the proposed version of Sec. 73.62
and the language used to determine whether the three-minute or 24-hour/
three-hour time frame applies in a given situation. According to MEI,
the issue arises when trying to determine whether the out-of-
[[Page 44420]]
tolerance condition results in operation substantially at variance from
the authorized radiation pattern or whether the out-of-tolerance
condition consists of only minor variations from the required
tolerances. The proposed version of Sec. 73.62(b) states that `` [i]n
the event of a failure of system components, improper pattern switching
or any other event that results in operation substantially at variance
from the radiation pattern specified in the instrument of authorization
for the pertinent time of day, operation must be terminated within
three minutes unless power can be reduced sufficiently to eliminate any
excessive radiation.'' The proposed version of Sec. 73.62(c) states
that `` [i]n the event of minor variations of directional antenna
operating parameters from the tolerances specified in paragraph (a) of
this section, the following procedures will apply: (1)-(4).'' MEI
states that neither the proposed amendments nor the text of the NPRM
provide any clear definition of what is to be considered
``substantially at variance'' or what is meant by ``minor variations.''
MEI points out that the NPRM states that a requirement to terminate
operation in three minutes should apply only to catastrophic events
that are likely to cause significant disruption to the operation of
other stations or that pose a threat to life or property. With regard
to the three-hour criteria, MEI observes that the NPRM states that a
requirement to terminate operation during this time frame should apply
to instances of out-of-tolerance operation that are likely to result in
interference to other stations. According to MEI, however, these
statements in the NPRM do not provide any objective basis for making
the requisite distinctions as to whether the out-of-tolerance condition
would be substantial or minor. MEI maintains that it is imperative that
these phrases be defined because the former triggers the three-minute
requirement, while the latter would only invoke the 24-hour/three-hour
rule. Without further guidance from the Commission, MEI asserts that it
is left to broadcast licensees to determine whether an incident is to
be considered substantial or minor, which may leave licensees open to
fines or forfeitures if their judgment differs from that of a
Commission field inspector.
6. MEI suggests that a possible solution might be to set a multiple
of the tolerances (offering three to five times as an example), which
if exceeded, would trigger the three minute time frame for responding
to out-of-tolerance conditions. MEI also proposes that rather than
requiring a complete termination of operation in response to a
substantial variation in tolerances, an alternative response might be
to require reduction of power to 25 percent of the authorized value,
pending a check of the monitor point field strengths within a 24-hour
period. MEI notes that this course of action would only be appropriate
if there were no complaints of interference. MEI asserts that the
Commission routinely grants short-term operation under Special
Temporary Authority (``STA'') at 25 percent of authorized power, absent
interference complaints, without regard to whether or not this
maintains the radiated field strength within authorized limits in any
given azimuth. According to MEI, especially if large excursions from
authorized parameters are the result of extremes in environmental
conditions, the public interest is better served by maintaining some
level of on-air capability rather than requiring the affected station
to completely shut down.
7. MEI further asserts that a second area in which ambiguity exists
is when the out-of-tolerance condition of directional antenna operation
parameters is relatively short lived, i.e., only a few hours or less.
MEI argues that it is possible in such a case that the antenna
operating parameters may return to within tolerance before the
monitoring point field strengths can be checked. MEI requests further
guidance in this area because checking monitoring point readings under
such conditions may be a waste of time because engineers would be
checking those readings for antenna parameters that are within required
limits and would not be checking the original out-of-tolerance state.
8. The purpose of Sec. Sec. 73.62 and 73.1350 of the Commission's
rules is to instruct AM broadcast licensees employing directional
antennas as to what corrective action to take when monitoring
parameters exceed required operating tolerances and in what amount of
time that action must be taken. Section 73.62 of the rules is narrowly
aimed at directional system tolerances and requires that action must be
taken when directional operating parameters exceed the +/-5 percent
current and +/-3 degree phase tolerances required by the rules, or when
any monitoring point field strength exceeds the value specified on the
station license. Section 73.1350 of the rules regarding transmission
system operation is more general in its coverage and can affect FM and
TV licensees, as well as AM licensees. Section 73.62 provides a more
liberal amount of time to determine and address issues specific to AM
directional antennas (27 hours), as compared to Sec. 73.1350 (three
minutes).
9. We believe that the adoption of the proposed substantive
amendments to Sec. Sec. 73.62 and 73.1350 of the Commission's rules
has been supported by the record in this proceeding. We agree with MEI
that it is necessary to delineate the difference between minor
variations of operating parameters and operation substantially at
variance from the license. We believe that the proposal offered by MEI
on this issue has merit and we adopt the following definition to be
added to Sec. 73.62 of the rules: Any variation of operating
parameters by more than +/-15 percent sample current ratio or +/-10
degrees in phase, any monitor point that exceeds 125 percent of the
licensed limit, or any operation at variance from the license that
results in complaints of interference shall be considered operation
substantially at variance from the license and will require immediate
corrective action, i.e., action within the three minute time frame for
responding to substantially variant out-of-tolerance conditions, or
within three minutes of a bona fide complaint if the variation does not
exceed the foregoing limits. In the absence of interference complaints,
lesser variances shall be considered minor variations in operating
parameters subject to the corrective actions called for in Sec. 73.62
of the Commission's rules.
10. The Commission's rules already provide for reduction of
operating power to eliminate excessive radiation. In addition, Sec.
73.1680 provides that if AM directional antenna systems become damaged
and can no longer operate properly, prior Commission approval is not
required for licensees to commence operation with an emergency
nondirectional antenna and power reduced to 25 percent or less of the
nominal licensed power, or a higher power, not exceeding licensed
power, while ensuring that the radiated field strength does not exceed
that authorized in any given azimuth. Licensees, however, must file a
request for special temporary authority within 24 hours following
commencement of emergency antenna operation. Because the current rules
adequately provide for reduced power and emergency antenna operation,
we find no need for any rule changes in this regard. With regard to
MEI's concern about ``short-lived'' variances, it is impossible to
predict in advance that a given out-of-tolerance condition will restore
itself without the need for corrective action. Therefore, we are not
persuaded that checking
[[Page 44421]]
monitoring point readings necessarily will be a waste of time in these
circumstances and decline to respond to MEI's request for further
guidance on this matter.
11. We believe that our actions in this proceeding will result in
clearer and more easily understandable rules that will assist AM
broadcast licensees employing directional antennas to implement
corrective action in the appropriate time frame when monitoring
parameters exceed required operating tolerances during the operation of
their stations. The clarification of these ambiguities will assist
broadcast licenses in avoiding unnecessary termination of operation of
their stations and provide the necessary guidance to maintain
compliance with our rules.
III. Procedural Matters
12. Final Regulatory Flexibility Act. As required by the Regulatory
Flexibility Act (``RFA''), an Initial Regulatory Flexibility Analysis
(``IRFA'') was incorporated into the NPRM. The Commission sought
written public comment on the possible significant economic impact of
the proposed policies and rules on small entities in the NPRM,
including comments on the IFRA. Pursuant to the RFA, a Final
Flexibility Analysis is contained in Appendix C.
13. Paperwork Reduction Act Analysis. This document does not
contain new or modified information collection requirements subject to
the Paperwork Reduction Act of 1995 (``PRA''), Public Law 104-13. In
addition, therefore, it does not contain any new or modified
``information collection burdens for small business concerns with fewer
than 25 employees,'' pursuant to the Small Business Paperwork Relief
Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4).
14. Congressional Review Act. The Commission will send a copy of
this Report and Order in a report to be sent to Congress and the
General Accounting Office pursuant to the Congressional Review Act, see
5 U.S.C. 801(a)(1)(A).
IV. Final Regulatory Flexibility Act Analysis
15. As required by the Regulatory Flexibility Act of 1980, as
amended, (``RFA''), an Initial Regulatory Flexibility Analysis
(``IRFA'') was incorporated in the Notice of Proposed Rulemaking in MB
Docket No. 03-151 (hereinafter referred to as the NPRM). The Commission
sought written comment on the proposal in the NPRM, including comment
on the IRFA. The comments received are discussed below. This present
Final Regulatory Flexibility Analysis (``FRFA'') conforms to the RFA.
A. Need for, and Objectives, of the Report and Order
16. The Report and Order was issued to resolve a conflict between
Sec. Sec. 73.62 and 73.1350(d)(2) of the Commission's rules. Both
rules are invoked when an AM broadcast station's directional operating
parameters and/or monitoring point field strengths exceed the required
operating tolerances. It was considered important to resolve the
conflict in our rules because these rules affect termination of
broadcast operations, which may deprive listeners of necessary
information regarding hazardous or other emergency conditions.
Moreover, if broadcasters are found not to be in compliance with these
rules, they may face fines or have forfeiture action instituted against
them.
17. The Report and Order adopts the substantive amendments proposed
by the Commission in the Notice. It was determined that Sec.
73.1350(d)(2) of the rules requiring termination of broadcast operation
in three minutes was too stringent to apply to instances of minor out-
of-tolerance AM directional operating parameters. As such, it was
determined that a requirement to terminate operation in three minutes
should apply only to catastrophic events likely to cause significant
disruption to the operation of other stations or that pose a threat to
life or property. In addition, it was determined that a requirement to
terminate operation within three hours should apply to instances of
out-of-tolerance operation that are likely to result in minor
interference to other stations. Moreover, in the case of minor
variances of operating power caused by environmental changes, it was
determined that the 24 hour time period provided for in Sec. 73.62 of
the rules was a reasonable period of time in order to determine the
existence of the out-of-tolerance condition. The Report and Order also
clarified the rules to delineate the difference between minor
variations of operating parameters and operation substantially at
variance from the broadcast license. The Commission found that the
rules at issue need not be amended regarding the reduction of power as
an alternative to termination of operation or with regard to emergency
antenna operation because the current rules adequately address these
matters.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
18. There were no comments filed on the IRFA.
C. Description and Estimate of the Number of Small Entities to Which
Rules Will Apply
19. The RFA directs agencies to provide a description of, and,
where feasible an estimate of, the number of small entities that may be
affected by the rules adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. 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).
20. The amendments to Sec. Sec. 73.1350 and 73.62 will primarily
apply to certain AM directional radio broadcasting licensees and
potential licensees. The amendments to Sec. 73.1350 would also affect
FM broadcast stations in the event that any FM broadcast station
operates in a manner that poses a threat to life or property or in a
manner that is likely to cause significant disruption to the operation
of other stations. The SBA defines a radio broadcast entity that has
$6.5 million or less in annual receipts as a small business. Business
concerns included in this industry are those ``primarily engaged in
broadcasting aural programs by radio to the public.'' According to
Commission staff review of the BIA Publications, Inc., Master Access
Radio Analyzer Database, as of May 16, 2003, about 10,427 of the 10,945
commercial radio stations in the United States have revenues of $6
million or less. We note, however, that many radio stations are
affiliated with much larger corporations with much higher revenue, and
that in assessing whether a business concern qualifies as small under
the above definition, such business (control) affiliations (``Concerns
are affiliates of each other when one concern controls or has the power
to control the other, or a third party or parties controls or has the
power to control both.'' 13 CFR 121.103(a)(1)) are included. ``SBA
counts the receipts or employees of the concern whose size is at issue
and those of all its domestic and foreign affiliates, regardless of
whether the affiliates are
[[Page 44422]]
organized for profit, in determining the concern's size.'' 13 CFR
121(a)(4). Our estimate, therefore likely overstates the number of
small businesses that might be affected by the rules because the
revenue figure on which it is based does not include or aggregate
revenues from affiliated companies.
21. The amendments to Sec. 73.1350 would also affect television
stations in the event that any television station operates in a manner
that poses a threat to life or property or is likely to significantly
disrupt the operation of other stations. The SBA defines a television
broadcasting station that has no more than $13 million in annual
receipts as a small business. Business concerns included in this
industry are those ``primarily engaged in broadcasting images together
with sound.'' This category description continues, ``These
establishments operate television broadcasting studios and facilities
for the programming and transmission of programs to the public. These
establishments also produce or transmit visual programming to
affiliated broadcast television stations, which in turn broadcast the
programs to the public on a predetermined schedule. Programming may
originate in their own studios, from an affiliated network, or from
external sources.'' Separate census categories pertain to businesses
primarily engaged in producing programming. See id. at 502-05, NAICS
code 51210. Motion Picture and Video Production: code 512120, Motion
Picture and Video Distribution, code 512191, Teleproduction and Other
Post-Production Services, and code 512199, Other Motion Picture and
Video Industries. According to Commission staff review of the BIA
Publications, Inc. Master Access Television Analyzer Database as of May
16, 2003, about 814 of the 1,220 commercial television stations in the
United States have revenues of $12 million or less. We note, however,
that in assessing whether a business concern qualifies as small under
the above definition, business (control) affiliations must be included.
Our estimates, therefore, likely overstate the number of small entities
that might be affected by the rules because the revenue figure on which
it is based does not include or aggregate revenues from affiliated
companies.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
22. The rule changes will not impose any additional reporting or
recordkeeping requirements.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered
23. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives: (1) The
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.
24. The Report and Order has been issued to remedy a conflict in
the Commission's rules that affect AM broadcast stations that employ
directional antennas. Amendment of the rules also affects FM and
television broadcast services. As we stated in the Notice of Proposed
Rulemaking, no alternatives to our proposal were mentioned because we
did not anticipate a differential impact on smaller entities. While we
welcomed comment on modifications of our proposals if based on evidence
of potential differential impact, we received no comments on the IRFA.
25. Report to Congress. The Commission will send a copy of the
Report and Order, including this FRFA, in a report to be sent to
Congress pursuant to the Congressional Review Act. In addition, the
Commission will send a copy of the Report and Order, including this
FRFA, to the Chief Counsel for Advocacy of the SBA. A copy of the
Report and Order and FRFA (or summaries thereof) will also be published
in the Federal Register.
V. Ordering Clauses
26. Accordingly, it is ordered that, pursuant to authority found in
sections 1, 4(i) and (j), 301, 303 and 403 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154(i) and (j), 301, 303, and 403, the
Commission's rules are hereby amended as set forth in Appendix B.
27. It is ordered that the rules adopted herein will become
effective thirty days after publication in the Federal Register.
28. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel of the Small Business
Administration.
List of Subjects in 47 CFR Part 73
Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 73 as follows:
PART 73-RADIO BROADCAST SERVICES
0
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, and 336.
0
2. Section 73.62 is revised to read as follows:
Sec. 73.62 Directional antenna system operation and tolerances.
(a) Each AM station operating a directional antenna must maintain
the relative amplitudes of the antenna currents, as indicated by the
antenna monitor, within 5% of the values specified on the instrument of
authorization. Directional antenna relative phases must be maintained
within 3 degrees of the values specified on the instrument of
authorization.
(b) In the event of a failure of system components, improper
pattern switching or any other event that results in operation
substantially at variance from the radiation pattern specified in the
instrument of authorization for the pertinent time of day, operation
must be terminated within three minutes unless power can be reduced
sufficiently to eliminate any excessive radiation. See Sec.
73.1350(e).
(1) Any variation of operating parameters by more than < plus-
minus>15 percent sample current ratio or 10 degrees in
phase, any monitor point that exceeds 125 percent of the licensed
limit, or any operation at variance that results in complaints of
interference shall be considered operation substantially at variance
from the license and will require immediate corrective action.
(2) [Reserved]
(c) In the event of minor variations of directional antenna
operating parameters from the tolerances specified in paragraph (a) of
this section, the following procedures will apply:
(1) The licensee shall measure and log every monitoring point at
least once for each mode of directional operation. Subsequent
variations in operating
[[Page 44423]]
parameters will require the remeasuring and logging of every monitoring
point to assure that the authorized monitoring point limits are not
being exceeded. The licensee will be permitted 24 hours to accomplish
these actions; provided that, the date and time of the failure to
maintain proper operating parameters have been recorded in the station
log.
(2) Provided each monitoring point is within its specified limit,
operation may continue for a period up to 30 days before a request for
Special Temporary Authority (STA) must be filed, pursuant to paragraph
(c)(4) of this section, to operate with parameters at variance from the
provisions of paragraph (a) of this section.
(3) If any monitoring point exceeds its specified limit, the
licensee must either terminate operation within three hours or reduce
power in accordance with the applicable provisions of Sec. 73.1350(d),
in order to eliminate any possibility of interference or excessive
radiation in any direction.
(4) If operation pursuant to paragraph (c)(3) of this section is
necessary, or before the 30-day period specified in paragraph (c)(2) of
this Sec. expires, the licensee must request a Special Temporary
Authority (STA) in accordance with section 73.1635 to continue
operation with parameters at variance and/or with reduced power along
with a statement certifying that all monitoring points will be
continuously maintained within their specified limits.
(d) In any other situation in which it might reasonably be
anticipated that the operating parameters might vary out of tolerance
(such as planned array repairs or adjustment and proofing procedures),
the licensee shall, before such activity is undertaken, obtain a
Special Temporary Authority (STA) in accordance with Sec. 73.1635 in
order to operate with parameters at variance and/or with reduced power
as required to maintain all monitoring points within their specified
limits.
0
3. Section 73.1350 is amended by revising paragraphs (b)(2) and (d),
redesignate paragraph (e) through (h) as paragraphs (f) through (i),
and by adding a new paragraph (e) to read as follows:
Sec. 73.1350 Transmission system operation.
* * * * *
(b) * * *
(2) The transmitter control personnel must have the capability to
turn the transmitter off at all times. If the personnel are at a remote
location, the control system must provide this capability continuously
or must include an alternate method of acquiring control that can
satisfy the requirement of paragraph (e) of this section that operation
be terminated within three minutes.
* * * * *
(d) In the event that a broadcast station is operating in a manner
that is not in compliance with the applicable technical rules set forth
elsewhere in this part or the terms of the station authorization, and
the condition is not listed in paragraph (e) or (f) of this section,
broadcast operation must be terminated within three hours unless
antenna input power is reduced sufficiently to eliminate any excess
radiation. Examples of conditions that require termination of operation
within three hours include excessive power, excessive modulation or the
emission of spurious signals that do not result in harmful
interference.
(e) If a broadcast station is operating in a manner that poses a
threat to life or property or that is likely to significantly disrupt
the operation of other stations, immediate corrective action is
required. In such cases, operation must be terminated within three
minutes unless antenna input power is reduced sufficiently to eliminate
any excess radiation. Examples of conditions that require immediate
corrective action include the emission of spurious signals that cause
harmful interference, any mode of operation not specified by the
station license for the pertinent time of day, or operation
substantially at variance from the authorized radiation pattern.
* * * * *
[FR Doc. E7-15373 Filed 8-7-07; 8:45 am]
BILLING CODE 6712-01-P