[Federal Register Volume 74, Number 168 (Tuesday, September 1, 2009)]
[Rules and Regulations]
[Pages 45126-45131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-21049]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 74
[MB Docket No. 07-172; FCC 09-59]
Amendment of Service and Eligibility Rules for FM Broadcast
Translator Stations
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: The FCC amended its FM translator rules to allow AM stations
to use currently authorized FM translators for ``fill-in'' service
within their current coverage areas, to help them provide a listenable
signal to their listeners and better serve their local communities.
DATES: Effective October 1, 2009, except for 47 CFR 74.1284, which
affects information collection requirements that are not effective
until approved by the Office of Management and Budget (OMB). The FCC
will publish a document in the Federal Register announcing the
effective date for that section.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Tom Hutton (legal issues) or James
Bradshaw (engineering issues), Media Bureau, Federal Communications
Commission, (202) 418-2700.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order (Order) in MB Docket No. 07-172, FCC 09-59, adopted and
released June 29, 2009, Amendment of Service and Eligibility Rules for
FM Broadcast Translator Stations. Previously, FM translators were only
authorized to rebroadcast FM radio stations and other FM translator
stations. The rule changes in the Order allow FM translators to
rebroadcast AM radio stations within those stations' current coverage
areas. In addition, AM stations with daytime-only facilities will be
allowed to originate programming on such FM translators during periods
when the AM stations are not operating. These changes are intended to
help AM stations provide a listenable signal throughout their current
coverage areas and better serve the listening public.
Synopsis of Order
1. The Order describes several limitations and competitive
challenges that AM stations face. The emergence of higher fidelity
sources of audio programming, including FM broadcasts, satellite radio,
personal media players and podcasts and audio streams provided through
the Internet, has eroded the audience for AM stations, particularly
among younger age groups. Sources of man-made interference have
multiplied, creating a higher level of interference to AM signals at
all hours. Skywave interference creates even greater problems starting
before sunset and continuing after sunrise. Although the Commission has
undertaken AM improvement efforts in the past, those efforts have not
overcome the fundamental problems of AM radio and the erosion of the AM
radio audience has increased to a point not previously experienced. The
Order finds that the record in this proceeding clearly indicates a
strong need and desire by
[[Page 45127]]
AM stations to supplement their signals with fill-in service from FM
translators, particularly to overcome nighttime signal limitations.
This record includes the experience of AM stations that have been
rebroadcasting on FM translators pursuant to special temporary
authority. Those stations reported that they greatly increased their
service to their local communities of service, particularly with drive-
time traffic and weather information and coverage of community events
taking place at night.
2. The purpose of the rule changes is to improve service by AM
stations within their current service areas, not to expand their
service areas. Accordingly, the Order provides that no portion of the
60 dBu contour of any FM translator station rebroadcasting an AM
station may extend beyond the smaller of: (a) A 25-mile radius from the
AM transmitter site; or (b) the 2 mV/m daytime contour of the AM
station. The Order finds that a policy of allowing de minimis
extensions beyond those limits would not serve the public interest.
3. The Order finds that Class D (daytime-only) AM stations should
be allowed to originate programming over fill-in FM translators during
the hours that their stations are not authorized to operate. This rule
change is consistent with the fundamental purpose of fill-in FM
translators, which is to provide continuity of service within licensed
service areas. There is also no purpose served in applying the daytime-
only limitation of AM signal propagation to FM translators.
4. The Order addresses comments by proponents of low power FM
(LPFM) service that creating greater demand for future FM translator
authorizations by allowing them to be used by AM as well as FM stations
could adversely affect opportunities for new LPFM stations. The Order
agrees that flexibility for future LPFM filing opportunities will be
maximized by limiting the rule change to FM translator stations that
the Commission has already authorized. Accordingly, the rule change is
limited to FM translator stations with licenses or permits in effect as
of May 1, 2009.
5. As with FM translators used to rebroadcast FM stations, the
Order finds that ownership limits are not necessary because the FM
translator will not be an independent ``voice'' in the local radio
market. However, the Order warns that the rule change is not intended
to allow these cross-service translators to be used as surrogates for
FM stations or to circumvent the Commission's local ownership limits.
Accordingly, the Order states that it will be considered an abuse of
the Commission's rules to use two or more cross-service translators to
effectively create a de facto FM station or to circumvent the local
ownership limits.
6. The full text of document FCC 09-59 and copies of any
subsequently filed documents in this matter will be available for
public inspection and copying during regular business hours at the FCC
Reference Information Center, Portals II, 445 12th Street, SW., Room
CY-A257, Washington, DC 20554. Document FCC 09-59 and copies of
subsequently filed documents in this matter also may be purchased from
the Commission's duplicating contractor at Portals II, 445 12th Street,
SW., Room CY-B402, Washington, DC 20554. Customers may contact the
Commission's duplicating contractor at its Web site, http://www.bcpiweb.com, or by calling 1-800-378-3160. To request materials in
accessible formats for people with disabilities (Braille, large print,
electronic files, audio format), send an e-mail to
mailto:[email protected] or call the Consumer and Governmental Affairs
Bureau at (202) 418-0530 (voice), or (202) 418-0432 (TTY). Document FCC
09-59 can also be downloaded in Word at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-59A1.doc or Portable Document Format
(PDF) at http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-59A1.pdf.
Congressional Review Act
The Commission will send a copy of the Order in a report to be sent
to Congress and the Government Accountability Office, pursuant to the
Congressional Review Act, see 5 U.S.C. 801(a)(1)(A).
Final Paperwork Reduction Act of 1995 Analysis
The Order contains new and modified information collection
requirements subject to the PRA. The information collections \1\ have
been submitted to OMB for review under section 3507 of the PRA. OMB,
the general public, and other Federal agencies were invited to comment
on the modified information collection requirements contained in this
proceeding.\2\ In addition, the Commission notes pursuant to the Small
Business Paperwork Relief Act of 2002, Public Law 107-298, see 44
U.S.C. 3506(c)(4), that the Commission previously sought specific
comment on how the Commission may ``further reduce the information
collection burden for small business concerns with fewer than 25
employees.'' We find that the modified information collection
requirements must apply fully to small entities (as well as to others)
to ensure compliance with our FM translator rules, as described in the
Order.
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\1\ Information collection 3060-0029 is expected to be submitted
to OMB for review and approval at the end of August 2009.
\2\ See 74 FR 37706, July 29, 2009, and 72 FR 62616, November 6,
2007.
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Final Regulatory Flexibility Analysis
1. As required by the Regulatory Flexibility Act, as amended (RFA),
an Initial Regulatory Flexibility Analysis (IRFA) was incorporated in
the Notice of Proposed Rulemaking (NPRM), 72 FR 62616, November 6,
2007, in this proceeding. The Commission sought written public comment
on the proposals in the NPRM, including comment on the IRFA. The
Commission received no comments on the IRFA. This Final Regulatory
Flexibility Analysis (FRFA) conforms to the RFA.
Need for and Objectives of the Rules
2. The Commission's previous rules precluded an FM translator from
rebroadcasting the signal of any station other than that of any FM
radio broadcast station or FM translator. The NPRM proposed to amend
the Commission's rules to allow AM broadcast stations to license and
operate FM translator stations. Based on the support for this proposal
in the record and the experience gained by dozens of AM stations
operating FM translators pursuant to special temporary authority as
contemplated by the NPRM, the Commission concluded that allowing AM
stations to use currently authorized FM translators to provide fill-in
service will benefit the listening public.
3. Specifically, allowing AM stations to use currently authorized
FM translator stations to rebroadcast programming within their intended
service areas will benefit the public by improving the signal quality
and availability of AM programming, overcoming limitations imposed by
interference, weak signal strength, channel congestion and receiver
quality. This positive effect will further the goals of localism,
competition and diversity in broadcasting. The use of an FM translator
is at the option of the broadcast licensee, so this is a permissive
rule change rather than a new requirement imposed on licensees.
4. The Order adopts rule changes based on the technical proposal
submitted by the National Association of Broadcasters, which would
allow AM stations to operate FM translators to retransmit their AM
service as a fill-in service, as long as no portion of the 60 dBu
contour of the FM translator extends beyond the lesser of (a) the 2 mV/
m daytime contour of the AM
[[Page 45128]]
station, or (b) the 25-mile radius of the AM transmitter site. In order
to protect opportunities for future LPFM stations in the already
crowded FM spectrum, the Order limits the scope of FM translators that
can be used to retransmit AM programming to those FM translators
authorized by the Commission through licenses or construction permits
in effect as of May 1, 2009.
5. Prior to this Order, the Commission's FM translator rules
excluded AM stations from eligibility for this service. Accordingly,
the Order adopts certain rule changes necessary to expand the purpose
and permissible service of FM translator stations to allow their use as
a fill-in service for AM radio stations, including: (a) Eligibility and
ownership rules for FM translators, allowing AM licensees to acquire
fill-in FM translator stations or enter into rebroadcast consent
agreements with FM translator stations for fill-in service; and (b) the
rule on FM translator program origination to allow Class D AM stations
to originate programming on fill-in FM translators during the hours
that the Class D stations are not authorized to operate. The Order
notes that AM licensees will not be allowed to use reserved band FM
translators or low power FM stations for fill-in service. The Order
also makes clear that the Commission will not allow licensees to use
combinations of FM translator stations to create de facto FM stations.
Legal Basis
6. The authority for the action taken in the Order is contained in
sections 1, 4(i) and (j), 301, 302, 303, 307, 308, 309, 319, and 324 of
the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i) and
(j), 301, 302, 303, 307, 308, 309, 319, and 324.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
7. The Commission received no comments in direct response to the
IRFA. However, the Commission received comments that discuss issues of
interest to small entities. These comments are discussed in the section
of this FRFA discussing the steps taken to minimize significant
negative impact on small entities, and the significant alternatives
considered. Description and Estimate of the Number of Small Entities to
Which the Rules Will Apply.
8. 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. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small government
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 SBA.
9. Radio Stations. The Small Business Administration (SBA) defines
a radio broadcast station as a small business if such station has no
more than $7 million in annual receipts. 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 on
September 23, 2008, about 10,520 of 11,012 commercial radio stations
(or about 95 percent) have revenues of $7 million or less and thus
qualify as small entities under the SBA definition. We note, however,
that, in assessing whether a business concern qualifies as small under
the above definition, business (control) affiliations must be included.
Our estimate, therefore, likely overstates the number of small entities
that might be affected by our action, because the revenue figure on
which it is based does not include or aggregate revenues from
affiliated companies.
10. In addition, 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 to define or quantify the criteria that would
establish whether a specific radio station is dominant in its field of
operation. Accordingly, the estimate of small businesses to which rules
may apply do not exclude any radio station from the definition of a
small business on this basis and therefore may be over-inclusive to
that extent. Also as noted, 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.
11. FM translator stations and LPFM stations. The same SBA
definition that applies to radio broadcast licensees would apply to FM
translator stations and LPFM stations. The SBA defines a radio
broadcast station as a small business if such station has no more than
$7 million in annual receipts.
12. Currently, there are approximately 4131 licensed FM translator
and booster stations and 771 licensed LPFM stations. Given the nature
of these services, we will presume that all of these licensees qualify
as small entities under the SBA definition.
Description of Projected Reporting, Recordkeeping and Other Compliance
Requirements
13. The Order provides for no changes in the current application
filing and processing procedures for FM translator stations, except
that FCC Forms 303-S, 345, 349 and 350 (including related instructions)
will be modified to reflect the revised purpose and eligibility changes
in the rules applicable to FM translator stations. Unless otherwise
indicated, the Order provides for no changes in the reporting,
recordkeeping and other compliance requirements for FM translator
stations.
Steps Taken To Minimize Significant Negative Impact on Small Entities,
and Significant Alternatives Considered
14. 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.
15. The Report and Order adopts rule changes that will benefit some
AM radio stations by giving them the opportunity to address daytime and
nighttime service problems by using an FM translator to provide better
signal coverage. An example of a daytime service problem is
interference from a man-made source such as fluorescent lights and
computers. An example of a nighttime service problem is skywave
interference from other AM stations. However, the use of FM translator
stations by AM radio stations is not mandatory, and therefore some
stations may not seek to use an FM translator for fill-in service.
Other AM stations may not be able to locate and purchase an FM
translator for their service areas. For these reasons, the potential
benefits of the rule changes may not be realized by all AM radio
stations.
16. With respect to the issue of the possible disparate impact of
the
[[Page 45129]]
proposed rules on smaller entities, we believe that many small business
broadcasters will benefit from the opportunity to improve their local
signal coverage as a result of the rule changes. The record in the
proceeding also indicates that for AM radio stations using FM
translators to provide fill-in service, there are benefits in signal
coverage for smaller as well as larger entities. Furthermore, even if
some smaller AM stations do not opt to use fill-in FM translators, the
alternative benefits to the radio industry in general will offset this
possible impact of the rules we adopt today. As a result of using fill-
in FM translators, many AM stations will become more competitive by
offering improved and more varied programming, much of which may
advance service to local communities, the FM translator service will be
improved, and the future of LPFM service will remain under existing
protections.
17. Specifically, the record in the proceeding also indicates that
licensees of FM translator stations will likely benefit from the
expansion in the scope of permitted service by those stations, because
this will increase the demand for, and the value of, their FM
translators. The record in the proceeding includes arguments that the
rule changes will harm the future development of LPFM service by
limiting the availability of spectrum available for that service in
future application windows. The Order acknowledges this potential for
harm and addresses it by limiting the scope of the rule changes to FM
translators already authorized by the Commission. The Commission has
noted that the next opportunity for filing applications for new
stations will be for LPFM stations, and the limitation adopted in the
Order maximizes the opportunities that will be available to potential
LPFM applicants in that window. The Order also specifically notes that
the Commission does not intend to allow parties to circumvent this
limitation through special temporary authority for new FM translator
service to retransmit AM station programming.
18. One issue in the proceeding regarding small entities is whether
the rule changes should be implemented immediately for all AM stations
or phased in based on an AM station's class, ownership or competitive
posture. The Commission determined that phased-in implementation is not
necessary in light of the limitation of the rule change to already
authorized FM translator stations. The Commission also found that the
public interest benefits and the benefits to AM station operators will
be realized more quickly with immediate implementation than with
phased-in implementation because those benefits will be available at
once to all AM licensees instead of being made available over time to
different types of licensees.
Ordering Clauses
Accordingly, it is ordered that pursuant to the authority contained
in sections 1, 4(i) and (j), 301, 302, 303, 307, 308, 309, 319, and 324
of the Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i)
and (j), 301, 302, 303, 307, 308, 309, 319, and 324, this Report and
Order and the rule modifications attached hereto as Appendix A ARE
ADOPTED, effective October 1, 2009. However, the information collection
requirements contained in the Report and Order will become effective
following Office of Management and Budget (OMB) approval. It is our
intention in adopting these rule changes that, if any of the rules that
we retain, modify or adopt today, or the application thereof to any
person or circumstance, are held to be unlawful, the remaining portions
of the rules not be deemed unlawful, and the application of such rules
to other persons or circumstances, shall remain in effect to the
fullest extent permitted by law.
It is further ordered that the ``Petition for Rulemaking of the
National Association of Broadcasters,'' RM-11338 (filed July 14, 2006)
is granted to the extent indicated herein and is otherwise denied.
It is further ordered that the ``Petition for Rulemaking of the
American Community AM Broadcasters Association,'' RM-9419 (filed August
13, 1997) is dismissed.
It is further ordered that the Media Bureau will cancel all AM
rebroadcast STAs and dismiss all pending AM rebroadcast STA requests as
of the effective date of this Report and Order.
It is further ordered that the Reference Information Center,
Consumer Information Bureau, shall send a copy of this Report and
Order, including the Final Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects in 47 CFR Part 74
Communications equipment, Education, Radio, Reporting and
recordkeeping requirements, Research, Television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rule Changes
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR Part 74 as follows:
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
1. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 307, 336(f), 336(h) and 554.
0
2. Section 74.1201 is amended by revising paragraphs (a), (b), (c),
(d), (e), and (g), and adding paragraph (j) to read as follows:
Sec. 74.1201 Definitions.
(a) FM translator. A station in the broadcasting service operated
for the purpose of retransmitting the signals of an AM or FM radio
broadcast station or another FM broadcast translator station without
significantly altering any characteristics of the incoming signal other
than its frequency and amplitude, in order to provide radio broadcast
service to the general public.
(b) Commercial FM translator. An FM broadcast translator station
which rebroadcasts the signals of a commercial AM or FM radio broadcast
station.
(c) Noncommercial FM translator. An FM broadcast translator station
which rebroadcasts the signals of a noncommercial educational AM or FM
radio broadcast station.
(d) Primary station. The AM or FM radio broadcast station radiating
the signals which are retransmitted by an FM broadcast translator
station or an FM broadcast booster station.
(e) AM or FM radio broadcast station. When used in this Subpart L,
the term AM broadcast station or AM radio broadcast station or FM
broadcast station or FM radio broadcast station refers to commercial
and noncommercial educational AM or FM radio broadcast stations as
defined in Sec. 2.1 of this chapter, unless the context indicates
otherwise.
* * * * *
(g) Translator coverage contour. For a fill-in FM translator
rebroadcasting an FM radio broadcast station as its primary station,
the FM translator's coverage contour must be contained within the
primary station's coverage contour. For purposes of this rule section,
the coverage contour of the FM translator has the same field strength
[[Page 45130]]
value as the protected contour of the primary FM station (i.e., for a
commercial Class B FM station it is the predicted 0.5 mV/m field
strength contour, for a commercial Class B1 FM station it is the
predicted 0.7 mV/m field strength contour, and for all other classes of
FM stations it is the predicted 1 mV/m field strength contour). The
coverage contour of an FM translator rebroadcasting an AM radio
broadcast station as its primary station must be contained within the
lesser of the 2 mV/m daytime contour of the AM station and a 25-mile
(40 km) radius centered at the AM transmitter site. The protected
contour for an FM translator station is its predicted 1 mV/m contour.
* * * * *
(j) AM Fill-in area. The area within the lesser of the 2 mV/m
daytime contour of the AM radio broadcast station being rebroadcast and
a 25-mile (40 km) radius centered at the AM transmitter site.
0
3. Section 74.1231 is amended by redesignating paragraph (h) as
paragraph (i); adding new paragraph (h); and revising paragraphs (a)
and (b) to read as follows:
Sec. 74.1231 Purpose and permissible service.
(a) FM translators provide a means whereby the signals of AM or FM
broadcast stations may be retransmitted to areas in which direct
reception of such AM or FM broadcast stations is unsatisfactory due to
distance or intervening terrain barriers, and a means for AM Class D
stations to continue operating at night.
(b) An FM translator may be used for the purpose of retransmitting
the signals of a primary AM or FM radio broadcast station or another
translator station the signal of which is received directly through
space, converted, and suitably amplified, and originating programming
to the extent authorized in paragraphs (f), (g), and (h) of this
section. 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 AM or FM station it rebroadcasts
complies with either paragraph (b)(1) or (b)(2) of this section:
(1) The applicant demonstrates that:
(i) The transmitter site of the proposed FM translator station is
within 80 kilometers of the predicted 1 mV/m contour of the primary
station to be rebroadcast; or,
(ii) The transmitter site of the proposed FM translator station is
more than 160 kilometers from the transmitter site of any authorized
full service noncommercial educational FM station; or,
(iii) The application is mutually exclusive with an application
containing the showing as required by paragraph 74.1231(b)(2) (i) or
(ii) of this section; or,
(iv) The application is filed after October 1, 1992.
(2) If the transmitter site of the proposed FM translator station
is more than 80 kilometers from the predicted 1 mV/m contour of the
primary station to be rebroadcast or is within 160 kilometers of the
transmitter site of any authorized full service noncommercial
educational FM station, the applicant must show that:
(i) An alternative frequency can be used at the same site as the
proposed FM translator's transmitter location and can provide signal
coverage to the same area encompassed by the applicant's proposed 1 mV/
m contour; or,
(ii) An alternative frequency can be used at a different site and
can provide signal coverage to the same area encompassed by the
applicant's proposed 1 mV/m contour.
Note: For paragraphs 74.1231(b) and 74.1231(i) of this section,
auxiliary intercity relay station frequencies may be used to deliver
signals to FM translator and booster stations on a secondary basis
only. Such use shall not interfere with or otherwise preclude use of
these frequencies for transmitting aural programming between the
studio and transmitter location of a broadcast station, or between
broadcast stations, as provided in paragraphs 74.531 (a) and (b) of
this part. Prior to filing an application for an auxiliary intercity
relay microwave frequency, the applicant shall notify the local
frequency coordination committee, or, in the absence of a local
frequency coordination committee, any licensees assigned the use of
the proposed operating frequency in the intended location or area of
operation.
* * * * *
(h) An FM translator station that rebroadcasts a Class D AM radio
broadcast station as its primary station may originate programming
during the hours the primary station is not operating, subject to the
provisions of Sec. 74.1263(b) of this part.
* * * * *
0
4. Section 74.1232 is amended by adding the following sentences to the
end of paragraph (d) to read as follows:
Sec. 74.1232 Eligibility and licensing requirements.
* * * * *
(d) * * *
An FM translator providing service to an AM fill-in area will be
authorized only to the permittee or licensee of the AM radio broadcast
station being rebroadcast, or, in the case of an FM translator
authorized to operate on an unreserved channel, to a party with a valid
rebroadcast consent agreement with such a permittee or licensee to
rebroadcast that station as the translator's primary station. In
addition, any FM translator providing service to an AM fill-in area
must have been authorized by a license or construction permit in effect
as of May 1, 2009. A subsequent modification of any such FM translator
will not affect its eligibility to rebroadcast an AM signal.
* * * * *
0
5. Section 74.1263 is amended by revising paragraph (b) to read as
follows:
Sec. 74.1263 Time of operation.
* * * * *
(b) An FM booster or FM translator station rebroadcasting the
signal of an AM or FM primary station shall not be permitted to radiate
during extended periods when signals of the primary station are not
being retransmitted. Notwithstanding the foregoing, FM translators
rebroadcasting Class D AM stations may continue to operate during
nighttime hours only if the AM station has operated within the last 24
hours.
* * * * *
0
6. Section 74.1284 is amended by revising paragraphs (b) and (c) to
read as follows:
Sec. 74.1284 Rebroadcasts.
* * * * *
(b) The licensee of an FM translator shall not rebroadcast the
programs of any AM or FM broadcast station or other FM translator
without obtaining prior consent of the primary station whose programs
are proposed to be retransmitted. The Commission shall be notified of
the call letters of each station rebroadcast and the licensee of the FM
translator shall certify that written consent has been received from
the licensee of the station whose programs are retransmitted.
(c) An FM translator is not authorized to rebroadcast the
transmissions of any class of station other than an AM or FM
[[Page 45131]]
broadcast station or another FM translator.
[FR Doc. E9-21049 Filed 8-31-09; 8:45 am]
BILLING CODE 6712-01-P