[Federal Register: October 30, 2008 (Volume 73, Number 211)]
[Rules and Regulations]
[Page 64558-64562]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30oc08-11]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MM Docket No. 93-177; FCC 08-228]
An Inquiry Into the Commission's Policies and Rules Regarding AM
Radio Service Directional Antenna Performance Verification
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this proceeding the Commission permits the use of computer
modeling techniques to verify that directional AM antennas perform as
authorized. The new rules reduce the time and expense associated with
the license application for a directional AM station. The changes,
consistent with the Commission's streamlining initiatives, reduce the
regulatory burden upon directional AM stations to the extent possible
while maintaining the integrity of the service.
DATES: Effective December 1, 2008, except for the amendments to
Sec. Sec. 73.61, 73.68, 73.151, and 73.155 which contain information
collection requirements that have not been approved by Office of
Management and Budget (OMB). The Commission will publish a document in
the Federal Register announcing the effective date of these rules.
ADDRESSES: Secretary, Federal Communications Commission, 445 12th
Street, SW., Washington, DC 20554, http://www.fcc.gov.
FOR FURTHER INFORMATION CONTACT: Peter H. Doyle, Audio Division, Media
Bureau (202) 418-2700.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Second
Report and Order in MM Docket No. 93-177, adopted September 24, 2008,
and released September 26, 2008. The new rules adopted here were
proposed in an earlier Further Notice of Proposed Rule Making in this
proceeding [See 66 FR 20779, April 25, 2001]. The final rules
incorporate comments received in response to the Further Notice of
Proposed Rule Making. The complete text of this Second 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
[[Page 64559]]
and may also be purchased from the Commission's copy contractor, Best
Copy and Printing, Inc., (800) 378-3160, 445 12th Street, SW., Room CY-
402, Washington, DC 20554. The complete text is also available on the
Internet at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-08-
228A1.pdf.
Synopsis of Second Report and Order
1. Introduction. This proceeding is part of a broad-based
initiative to simplify the Commission's licensing procedures for radio
stations. The Report and Order in this proceeding [See 66 FR 20752,
April 25, 2001] simplified traditional proof of performance
requirements for a directional AM station. The Further Notice of
Proposed Rulemaking sought comment on the use of moment method computer
modeling to demonstrate that certain AM directional antennas perform as
authorized. This Second Report and Order permits AM broadcasters to use
computer modeling techniques in place of a traditional proof of
performance based on field strength measurements, which are time-
consuming and expensive.
2. AM proof of performance requirements. Directional AM stations
use antennas which suppress radiated field in some directions and
enhance it in others. In order to control interference between stations
and assure adequate community coverage, directional AM stations must
undergo extensive ``proofs of performance'' to demonstrate that the
antenna system operates as authorized. An antenna proof of performance
establishes whether the radiation pattern of an AM station is in
compliance with the station's authorization. An AM station must perform
a full proof to verify the pattern shape when a new directional antenna
system is authorized. Partial proofs, which require fewer measurements,
are occasionally necessary to show that an array continues to operate
properly. This Second Report and Order allows most directional AM
stations to use computer modeling in place of the traditional proof of
performance, which is based on field strength measurements taken many
miles from the antenna. In contrast to the traditional method, a moment
method proof relies upon internal measurements to verify that the
antenna is operating properly.
The new rules are based on a proposal made by an ad hoc coalition
of radio broadcasters, equipment manufacturers, and broadcast
consulting engineers. Comments filed by the ad hoc coalition reflected
a strong consensus in favor of allowing the use of moment method
techniques to verify the performance of AM directional antennas. In
addition, the coalition's comments pointed out some of the limitations
inherent in traditional field strength proofs.
Final Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA),\1\ an Initial Regulatory Flexibility Analysis (IRFA) was
incorporated in the Further Notice of Proposed Rulemaking in this
proceeding. The Commission sought written public comment on the
proposals in the Further Notice of Proposed Rulemaking, including
comment on the IRFA. None were received. This Final Regulatory
Flexibility Analysis (FRFA) conforms to the RFA.\2\
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\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has
been amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (SBREFA), Public Law No. 104-121, Title II, 110 Stat.
847 (1996). The SBREFA was enacted as Title II of the Contract With
America Advancement Act of 1996.
\2\ See 5 U.S.C. 604.
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Need For and Objectives of the Rules: This Second Report and Order
adopts rules permitting the use of computer modeling techniques based
on moment method analysis to verify AM directional antenna performance.
Adoption of such techniques will reduce the substantial costs
associated with licensing for directional AM stations. These rules also
advance the Commission's regulatory requirements to the minimum
necessary to achieve our policy objectives of controlling interference
and assuring adequate community coverage.
Legal Basis: Authority for the actions proposed in this Second
Report and Order may be found in sections 4(i), 4(j), 303, 308, 309,
316 and 319 of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 154(j), 303, 308, 309, 316 and 319.
Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply: The RFA directs the Commission to
provide a description of and, where feasible, an estimate of the number
of small entities that will be affected by the rules adopted herein.\3\
The RFA generally defines the term ``small entity'' as having the same
meaning as the terms ``small business,'' ``small organization,'' and
``small government jurisdiction.'' \4\ In addition, the term ``small
business'' has the same meaning as the term ``small business concern''
under the Small Business Act.\5\ 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).\6\
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\3\ 5 U.S.C. 603(b)(3).
\4\ 5 U.S.C. 601(6).
\5\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in 15 U.S.C. 632). Pursuant to 5
U.S.C. 601(3), the statutory definition of a small business applies
``unless an agency, after consultation with the Office of Advocacy
of the Small Business Administration and after opportunity for
public comment, establishes one or more definitions of such term
which are appropriate to the activities of the agency and publishes
such definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
\6\ 15 U.S.C. 632.
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The rules adopted in this Second Report and Order will apply to
those AM radio broadcasting licensees and potential licensees that
operate with directional antennas. The Small Business Administration
defines a radio broadcasting entity that has $6.5 million or less in
annual receipts as a small business.\7\ 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 Financial Network, Inc. Media Access Radio Analyzer Database
as of May 1, 2008, 13,457 (about 96 percent) of 13,977 radio stations
in the United States have revenues of $6.5 million or less. AM stations
constitute 4,776 of the radio station total, and approximately 40
percent of AM stations use directional antennas. Consequently, we
estimate that 1,910 AM stations may be affected by the new rules. Using
the 96 percent figure to estimate the number of small businesses among
directional AM stations, we conclude that approximately 1,834 of the
affected AM stations are small businesses. We note, however, that in
assessing whether a business entity qualifies as small under the above
definition, business control affiliations \8\ must be included. Our
estimate, therefore, likely overstates the number of small entities
that might be affected by any changes to the ownership rules, because
the revenue figures on which this estimate is based do not include or
aggregate revenues from affiliated companies.
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\7\ See NAICS Code 515112.
\8\ ``[Business concerns] are affiliates of each other when
onebusiness 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).
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In this context, the application of the statutory definition to
radio stations is of concern. An element of the definition of ``small
business'' is that the entity not be dominant in its field of
operation. We are unable at this time and in this context to define or
quantify the criteria that would establish whether a specific
[[Page 64560]]
radio station is dominant in its field of operation. Accordingly, the
foregoing estimate of small businesses to which the rules may apply
does not exclude any radio station from the definition of a small
business on this basis and is therefore over-inclusive to that extent.
An additional element of the definition of ``small business'' is that
the entity must be independently owned and operated. We note that it is
difficult at times to assess these criteria in the context of media
entities, and our estimates of small businesses to which they apply may
be over-inclusive to this extent.
Description of Projected Recording, Recordkeeping, and Other
Compliance Requirements: In order to control interference between
stations and assure adequate community coverage, directional AM
stations must undergo extensive ``proofs of performance'' when
initially constructed, and from time to time thereafter, to verify
conformance with authorized operating parameters. The new proof of
performance techniques adopted here, which are optional, will
substantially reduce the compliance burden for licensees of directional
AM stations and for Commission staff. The new compliance requirements
associated with the rule changes are less onerous than our existing
proof of performance requirements. The periodic recertification
required for stations opting to use the new proof of performance
techniques is the only new record keeping involved. We believe this
requirement does not represent a significant burden, and is more than
offset by the efficiency of the new procedures.
Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered: 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 (among others): (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.\9\
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\9\ 5 U.S.C. 603(c)(1) through (c)(4).
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The rules adopted in the Second Report and Order offer alternative
procedures that will greatly reduce the compliance burden for
directional AM stations. Directional AM stations are not required to
use these new procedures, however. Previous rules concerning AM
directional antenna performance verification remain in effect, and an
AM station may continue to use the old rules if these are more
advantageous. By offering a cost-effective and efficient new means of
performance verification, but not requiring its use, we have increased
the options available to all directional AM stations for verifying
antenna performance. The additional flexibility afforded by the new
rules will be particularly advantageous to small businesses.
Paperwork Reduction Act Analysis
The Second Report and Order contains new and modified information
collection requirements subject to the paperwork Reduction Act of 1995
(PRA), Public Law 104-13. In addition, it contains new and 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). It will be
submitted to the Office of Management and Budget (OMB) for review under
section 3507(d) of the PRA. The Commission, as part of its continuing
effort to reduce paperwork burdens, will invite the general public and
OMB in a separate Federal Register to comment on the information
collection requirements contained in this document, as required by the
Paperwork Reduction Act of 1995. In regard to the proposed new
information collection requirements, pursuant to the Small Business
Paperwork Relief Act of 2002,\10\ we seek specific comment on how we
might ``further reduce the information collection burden for small
business concerns with fewer than 25 employees.'' In regard to the new
and modified information collection requirements adopted herein, we
previously sought specific comment on how the Commission might
``further reduce the information collection burden for small business
concerns with fewer than 25 employees.'' In the Second Report and
Order, we have assessed the effects of the new rules for directional AM
performance verification adopted herein, and find that these new rules,
which are optional, would greatly reduce the information collection
burden for licensees.
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\10\ Public Law 107-198, see 44 U.S.C. 3506(c)(4).
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Report to Congress
The Commission will send a copy of the Second Report and Order and
Second Further Notice of Proposed Rulemaking, including the FRFA, in a
report to be sent to Congress and the Government Accountability Office
pursuant to the Congressional Review Act.\11\ In addition, the
Commission will send a copy of the Second Report and Order and Second
Further Notice of Proposed Rulemaking, including the FRFA, to the Chief
Counsel for Advocacy of the Small Business Administration. A copy of
the Second Report and Order and Second Further Notice of Proposed
Rulemaking, including the FRFA (or summaries thereof), will also be
published in the Federal Register.\12\
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\11\ See 5 U.S.C. 801(a)(1)(A).
\12\ See 5 U.S.C. 604(b).
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List of Subjects
Radio.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Rules Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR part 73 to read 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, 336, and 339.
0
2. Amend Sec. 73.61 by revising paragraphs (a) and (b) to read as
follows:
Sec. 73.61 AM directional antenna field strength measurements.
(a) Each AM station using a directional antenna with monitoring
point locations specified in the instrument of authorization must make
field strength measurements as often as necessary to ensure that the
field at each of those points does not exceed the value specified in
the station authorization. Additionally, stations not having an
approved sampling system must make the measurements once each calendar
quarter at intervals not exceeding 120 days. The provision of this
paragraph supersedes any schedule specified on a station license issued
prior to January 1, 1986. The results of the measurements are to be
entered into the station log pursuant to the provisions of Sec.
73.1820.
[[Page 64561]]
(b) If the AM license was granted on the basis of field strength
measurements performed pursuant to Sec. 73.151(a), partial proof of
performance measurements using the procedures described in Sec. 73.154
must be made whenever the licensee has reason to believe that the
radiated field may be exceeding the limits for which the station was
most recently authorized to operate.
* * * * *
0
3. Amend Sec. 73.68 by revising paragraph (a), redesignating
paragraphs (b) through (e) as paragraphs (c) through (f), and by adding
a new paragraph (b) to read as follows:
Sec. 73.68 Sampling systems for antenna monitors.
(a) Each AM station permittee authorized to construct a new
directional antenna system which will be subject to a proof of
performance based on field strength measurements, as described in Sec.
73.151(a) or (b), must install the sampling system in accordance with
the following specifications:
(1) Devices used to extract or sample the current and the
transmission line connecting the sampling elements to the antenna
monitor must provide accurate and stable signals to the monitor (e.g.,
rigidly mounted and non-rotatable loops and all system components
protected from physical and environmental disturbances).
(2) Sampling lines for directional antennas may be of different
lengths provided the phase difference of signals at the monitor are
less than 0.5 degrees between the shortest and longest cable lengths
due to temperature variations to which the system is exposed.
(3) Other configurations of sampling systems may be used upon
demonstration of stable operation to the FCC.
(b) An AM station permittee authorized to construct a directional
antenna system which will be subject to a proof of performance based on
moment method modeling, as described in Sec. 73.151(c), shall install
a sampling system conforming to the requirements set forth in that
section.
* * * * *
0
4. Amend Sec. 73.151 by adding introductory text and by adding
paragraph (c) to read as follows:
Sec. 73.151 Directional Antenna Performance Verification.
The performance of a directional antenna may be verified either by
field strength measurement or by computer modeling and sampling system
verification.
(a) * * *
* * * * *
(c) Computer modeling and sample system verification of modeled
parameters to establish operation of a directional antenna consistent
with the theoretical pattern. Each element of the directional array
shall be modeled by use of a method of moments computer program, using
the physical characteristics of each element to establish a model that
does not violate any of the internal constraints of the computer
program. Only arrays consisting of series-fed elements may have their
performance verified by computer modeling and sample system
verification.
(1) A matrix of impedance measurements at the base and/or feed
point of each element in the array, with all other elements shorted
and/or open circuited at their respective measurement locations, shall
be made. The physical model of the individual antenna elements used in
the computer program may be varied to match the measured impedance
matrix, but the actual spacings and orientations of the array elements
must be used. Towers may be modeled using individual vertical wires to
represent them, or with multiple wires representing their leg and
cross-member sections. The resulting model description (consisting of
the length, radius, and number of segments of each wire for arrays
using vertical wire sections to represent the towers, or the length,
end-point coordinates, and radius of each wire used to represent leg
and cross-member sections for arrays using detailed tower structure
representations) as well as the assumed input feed and base region
stray reactances shall be used to generate the drive impedances and
sample system parameter values for the operating directional antenna
pattern parameters.
(i) For arrays using vertical wires to represent each tower, the
radii of cylinders shall be no less than 80 percent and no more than
150 percent of the radius of a circle with a circumference equal to the
sum of the widths of the tower sides.
(ii) For arrays using multiple wires to represent leg and cross-
member sections, the individual legs of the tower may be modeled at
their actual diameters with appropriate interconnecting segments
representing cross-members at regular intervals.
(iii) No less than one segment for each 10 electrical degrees of
the tower's physical height shall be used for each element in the
array.
(iv) Base calculations shall be made for a reference point at
ground level or within one electrical degree elevation of the actual
feed point.
(v) For uniform cross-section towers represented by vertical wires,
each wire used for a given tower shall be between 75 to 125 percent of
the physical length represented.
(vi) For self-supporting towers, stepped-radius wire sections may
be employed to simulate the physical tower's taper, or the tower may be
modeled with individual wire sections representing the legs and cross
members.
(vii) The lumped series inductance of the feed system between the
output port of each antenna tuning unit and the associated tower shall
be no greater than 10 [mu]H unless a measured value from the
measurement point to the tower base with its insulator short circuited
is used.
(viii) The shunt capacitance used to model base region effects
shall be no greater than 250 pF unless the measured or manufacturer's
stated capacitance for each device other than the base insulator is
used. The total capacitance of such devices shall be limited such that
in no case will their total capacitive reactance be less than five
times the magnitude of the tower base operating impedance without their
effects being considered.
(ix) The orientation and distances among the individual antenna
towers in the array shall be confirmed by a post-construction
certification by a land surveyor (or, where permitted by local
regulation, by an engineer) licensed or registered in the state or
territory where the antenna system is located.
(2)(i) The computer model, once verified by comparison with the
measured base impedance matrix data, shall be used to determine the
appropriate antenna monitor parameters. The moment method modeled
parameters shall be established by using the verified moment method
model to produce tower current distributions that, when numerically
integrated and normalized to the reference tower, are identical to the
specified field parameters of the theoretical directional antenna
pattern. The samples used to drive the antenna monitor may be current
transformers or voltage sampling devices at the outputs of the antenna
matching networks or sampling loops located on the towers. If sample
loops are used, they shall be located at the elevation where the
current in the tower would be at a minimum if the tower were detuned in
the horizontal plane, as determined by the moment method model
parameters used to determine the antenna monitor parameters. Sample
loops may be employed only when the towers are
[[Page 64562]]
identical in cross-sectional structure, including both leg and cross
member characteristics; if the towers are of unequal height, the sample
loops shall be mounted identically with respect to tower cross members
at the appropriate elevations above the base insulator. If the tower
height used in the model is other than the physical height of the
tower, the sampling loop shall be located at a height that is the same
fraction of the total tower height as the minimum in tower current with
the tower detuned in the model. Sample lines from the sensing element
to the antenna monitor must be equal in both length (within one
electrical degree) and characteristic impedance (within two ohms), as
established by impedance measurements, including at the open-circuit
resonant frequency closest to carrier frequency to establish length, at
frequencies corresponding to odd multiples of \1/8\ wavelength
immediately above and below the open circuit resonant frequency closest
to carrier frequency, while open circuited, to establish characteristic
impedance, and at carrier frequency or, if necessary, at nearby
frequencies where the magnitude of the measured impedance is no greater
than 200 ohms with the sampling devices connected. Samples may be
obtained from current transformers at the output of the antenna
coupling and matching equipment for base-fed towers whose actual
electrical height is 120 degrees or less, or greater than 190
electrical degrees. Samples may be obtained from base voltage sampling
devices at the output of the antenna coupling and matching equipment
for base-fed towers whose actual electrical height is greater than 105
degrees. Samples obtained from sample loops located as described above
can be used for any height of tower. For towers using base current or
base voltage sampling derived at the output of the antenna coupling and
matching equipment, the sampling devices shall be disconnected and
calibrated by measuring their outputs with a common reference signal (a
current through them or a voltage across them, as appropriate) and the
calibration must agree within the manufacturer's specifications. A
complete description of the sampling system, including the results of
the measurements described in this paragraph, shall be submitted with
the application for license.
(ii) Proper adjustment of an antenna pattern shall be determined by
correlation between the measured antenna monitor sample indications and
the parameters calculated by the method of moments program, and by
correlation between the measured matrix impedances for each tower and
those calculated by the method of moments program. The antenna monitor
sample indications must be initially adjusted to agree with the moment
method model within +/-5 percent for the field ratio and +/-3 degrees
in phase. The measured matrix impedances must agree with the moment
method model within +/-2 ohms and +/-4 percent for resistance and
reactance.
(3) Reference field strength measurement locations shall be
established in directions of pattern minima and maxima. On each radial
corresponding to a pattern minimum or maximum, there shall be at least
three measurement locations. The field strength shall be measured at
each reference location at the time of the proof of performance. The
license application shall include the measured field strength values at
each reference point, along with a description of each measurement
location, including GPS coordinates and datum reference.
0
5. Add new Sec. 73.155 to read as follows:
Sec. 73.155 Periodic Directional Antenna Performance Recertification.
A station licensed with a directional antenna pattern pursuant to a
proof of performance using moment method modeling and internal array
parameters as described in Sec. 73.151(c) shall recertify the
performance of that directional antenna pattern at least once within
every 24 month period.
(a) Measurements shall be made to verify the continuing integrity
of the antenna monitor sampling system.
(1) For towers using base current or base voltage sampling derived
at the output of the antenna coupling and matching equipment, the
sampling devices shall be disconnected and calibrated by measuring
their outputs with a common reference signal (a current through them or
a voltage across them, as appropriate) and the calibration must agree
with the manufacturer's specifications.
(2) For towers using base current or base voltage sampling derived
at the output of the antenna coupling and matching equipment, sampling
line measurements shall be made to verify the open-circuit resonant
frequency closest to carrier frequency, to establish length, and also
at frequencies corresponding to odd multiples of \1/8\ wavelength
immediately above and below the open-circuit resonant frequency closest
to carrier frequency, while open circuited, to verify their
characteristic impedance. The frequencies measured must be the same as
were measured in the most recent proof of performance and must
demonstrate that the sampling lines continue to meet the requirements
of Sec. 73.151(c) with regard to their length and characteristic
impedance.
(3) For towers having sampling loops, measurements shall be made at
carrier frequency or, if necessary, at nearby frequencies where the
magnitude of the measured impedance is no greater than 200 ohms with
the sampling loops connected. The frequencies measured must be the same
as were measured in the most recent proof of performance and the
measured impedances must agree within +/-2 ohms and +/-4 percent
resistance and reactance of the proof values.
(b) Field strength measurements shall be made at the reference
field strength measurement locations that were established by the most
recent proof of performance. If locations have become inaccessible or
their readings contaminated by localized electromagnetic environmental
changes, new locations that meet the requirements of the moment method
proof of performance rules in Sec. 73.151(c)(3) shall be established
to replace them.
(c) The results of the periodic directional antenna performance
recertification measurements shall be retained in the station's public
inspection file.
[FR Doc. E8-25802 Filed 10-29-08; 8:45 am]
BILLING CODE 6712-01-P