**DA 08-1307**

**Small Entity Compliance Guide**

**Amendment of Sections 73.62 and 73.1350 of the Commission's Rules
Regarding AM Directional Antennas**

MB Docket No. 03-151

> **This Guide is prepared in accordance with the requirements of
> Section 212 of the Small Business Regulatory Enforcement Fairness Act
> of 1996. It is intended to help small entities---small businesses,
> small organizations (non-profits), and small governmental
> jurisdictions---comply with the above-referenced FCC rules. This Guide
> is not intended to replace the rules and final authority rests solely
> with the rules. While we have attempted to cover all parts of the
> rules that might be especially important to small entities, the
> coverage may not be exhaustive. This Guide may not apply in a
> particular situation based upon the circumstances, and the FCC retains
> the discretion to adopt approaches on a case-by-case basis that may
> differ from this Guide, where appropriate. Any decisions regarding a
> particular small entity will be based on the statute and regulations.
> Interested parties are free to file comments regarding this Guide and
> the appropriateness of its application to a particular situation; the
> FCC will consider whether the recommendations or interpretations in
> the Guide are appropriate in that situation. The FCC may decide to
> revise this Guide without public notice to clarify or update the
> contents. Direct your comments and recommendations, or calls for
> further assistance, to the FCC's Consumer Center:**

**1-888-CALL-FCC (1-888-225-5322)**

**  TTY: 1-888-TELL-FCC  (1-888-835-5322) **

**\
Fax: 202-418-0232**

[**fccinfo@fcc.gov**](mailto:fccinfo@fcc.gov)

***[Background]{.underline}.***

On May 25, 2007, the Federal Communications Commission released a
*Report and Order* in MB Docket No. 03-151, FCC 07-97, 22 FCC Rcd 9844
(2007). The *Report and Order* was issued to resolve a conflict between
Section 73.62 and 73.1350(d)(2) of the Commission's rules regarding AM
directional antennas. Both rules applied when an AM broadcast station's
measured directional operating parameters and/or monitoring point field
strengths exceeded the required operating tolerances. However, each rule
specified a different time period within which an AM licensee had to
take corrective action when its measurements revealed that its
directional antenna array varied from its authorized parameters beyond
certain tolerances. These inconsistent directives left AM licensees
unclear as to what course of action they must take when they observe
out-of-tolerance monitor measurements and by when they must take action.
It was important that these rules be clarified because, as they had
existed, they may have unnecessarily resulted in the termination of
broadcast operations. In such instances, broadcast listeners may have
been deprived of critical information regarding hazardous weather or
other emergency conditions. In addition, if broadcasters were found not
to be in compliance with these rules, they may have faced enforcement
action by the Commission. The *Report and Order* adopted the substantive
amendments proposed in the *Notice of Proposed Rulemaking* issued in
this proceeding to resolve this outstanding conflict, in addition to
making a minor clarification in one aspect of the rules.

***[Compliance Requirements]{.underline}.***

The Commission determined that Section 73.1350(d)(2) of the rules
requiring termination of broadcast operations in three minutes when
measured directional operating parameters and/or monitoring point field
strengths exceeds the required operating tolerances was excessively
stringent. The Commission further found this rule was not intended to
apply to instances of minor out-of-tolerance AM directional antenna
operating parameters. The Commission therefore decided that a
requirement to terminate operations 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. The Commission also determined that a three-hour requirement
to terminate operations should apply to instances of out-of-tolerance
operations that are likely to result in minor interference to other
stations. In addition, the Commission determined that Section 73.62 \--
which allows for 24 hours to determine the existence of an
out-of-tolerance condition for an AM directional antenna system \-- was
reasonable in the case of minor variances of operating parameters caused
by environmental changes.

The Commission delineated the difference between minor variations of
operating parameters and operation substantially at variance from the
license. The Commission adopted the following definition and added it to
Section 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. In the absence of interference
complaints, lesser variances shall be considered minor variations in
operating parameters subject to the corrective actions called for in
Section 73.62 of the Commission's rules.

Finally, the Commission determined that the language of Section
73.1350(d) that specifically addresses AM directional systems should be
relocated to Section 73.62 because that section of the rules applies
only to AM licensees, while Section 73.1350 applies equally to AM, FM
and TV licensees.

***[Internet Link]{.underline}.***

[**http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-97A1.pdf**](http://fjallfoss.fcc.gov/edocs_public/attachmatch/FCC-07-97A1.pdf)