> **Before the**
>
> **Federal Communications Commission**
>
> **Washington, D.C. 20554**

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| In the Matter of                 | * | MB Docket No. 03-151         |
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| Amendment of Sections 73.62      | ) |                              |
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**REPORT AND ORDER**

**Adopted: May 22, 2007** **Released: May 25, 2007**

By the Commission:

# INTRoDUCTION

1.  We issue this *Report and Order* ("*Order*") to resolve a conflict
    between the requirements of Sections 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.[^1]
    Specifically, we consider the proposed amendments set forth in the
    *Notice of Proposed Rulemaking* ("*Notice*") issued in the
    above-captioned proceeding and the comments filed in response
    thereto.[^2]

# DISCUSSION

2.  Each of the rules at issue is invoked when an AM broadcast station's
    directional antenna operating parameters[^3] and/or monitoring point
    field strengths[^4] exceed operating tolerances. According to the
    Commission's current version of the rules, Sections 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.[^5] In contrast, Section 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.[^6] The *Notice* 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.[^7] The *Notice*
    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.[^8] 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 *Notice* tentatively concluded that Section 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.[^9] 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.[^10] 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.[^11]
    The *Notice* tentatively concluded that in the case of minor
    variances of operating parameters caused by environmental changes,
    the provision of Section 73.62 which allows 24 hours to determine
    the existence of an out-of-tolerance condition for an AM directional
    antenna system is reasonable.[^12] The *Notice* also tentatively
    concluded that the language currently included in Section 73.1350(d)
    that specifically addresses AM directional antenna 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.[^13]

4.  The commenters participating in this proceeding generally support
    the substantive amendments proposed by the Commission in the
    *Notice*. 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.[^14] 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.[^15] 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.[^16]

5.  While Mullaney Engineering, Inc. ("MEI") states that it fully
    supports the amendments proposed in the *Notice*, 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.[^17]
    First, MEI states that clarification is needed regarding the
    proposed version of Section 73.62 and the language used to determine
    whether the three-minute or 24-hour/three-hour time frame applies in
    a given situation.[^18] According to MEI, the issue arises when
    trying to determine whether the out-of-tolerance condition results
    in operation *substantially at variance*[^19] from the authorized
    radiation pattern or whether the out-of-tolerance condition consists
    of only *minor variations*[^20] from the required tolerances.[^21]
    MEI states that neither the proposed amendments nor the text of the
    *Notice* provide any clear definition of what is to be considered
    "*substantially at variance*" or what is meant by "*minor
    variations*."[^22] 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.[^23] 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.[^24] MEI notes that this course
    of action would only be appropriate if there were no complaints of
    interference.[^25] 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.[^26] 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.[^27]

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.[^28] 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.[^29] 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.[^30]

# DISCUSSION

8.  The purpose of Sections 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.[^31] 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.[^32]
    Section 73.62 provides a more liberal amount of time to determine
    and address issues specific to AM directional antennas (27
    hours),[^33] as compared to Section 73.1350 (three minutes).[^34]

9.  We believe that the adoption of the proposed substantive amendments
    to Sections 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
    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 if the
    variation does not exceed the foregoing limits.[^35] 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.[^36]

10. The Commission's rules already provide for reduction of operating
    power to eliminate excessive radiation.[^37] In addition, Section
    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.[^38] Licensees,
    however, must file a request for special temporary authority within
    24 hours following commencement of emergency antenna operation.[^39]
    Because the current rules adequately provide for reduced power and
    emergency antenna operation, we find no need for any rule changes in
    this regard.[^40] 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
    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.

# PROCEDURAL Matters

12. *Final Regulatory Flexibility Act. A*s required by the Regulatory
    Flexibility Act ("RFA"),[^41] an Initial Regulatory Flexibility
    Analysis ("IRFA") was incorporated into the *Notice*. The Commission
    sought written public comment on the possible significant economic
    impact of the proposed policies and rules on small entities in the
    *Notice*, 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).

# Ordering Clauses

15. 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.

16. **IT IS ORDERED** that the rules adopted herein **WILL BECOME
    EFFECTIVE** thirty days after publication in the Federal Register.

17. **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.

> FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**APPENDIX A**

**Comment and Reply Comments**

**Comments filed in MB Docket No. 03-151**

Mullaney Engineering, Inc. ("MEI")

National Association of Broadcasters ("NAB")

Womble Carlyle Sandridge & Rice, PLLC ("WCSR")

**Reply Comments filed in MB Docket No. 03-151**

Cohen, Dippell and Everist, P.C. ("CDE")

**APPENDIX B**

**Proposed Rules**

Part 73 of Title 47 of the Code of Federal Regulations is amended as
follows:

Part 73 -- Radio Broadcast Services

1\. The authority citation for Part 73 continues to read as follows:

AUTHORITY: 47 U.S.C. 154, 303, 334, and 336

2\. Section 73.62 is revised as follows:

§ 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* Section
> 73.1350(e).
>
> \(1\) 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 that results in complaints of interference shall be
> considered operation substantially at variance from the license and
> will require immediate corrective action.
>
> \(c\) 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 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 Section
> 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 section 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 Section 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.

3\. Section 73.1350(b)(2) is revised as follows:

§ 73.1350 **Transmission system operation.**

> \(b\) The licensee must designate a chief operator in accordance with
> § 73.1870. The licensee may designate one or more technically
> competent persons to adjust the transmitter operating parameters for
> compliance with the technical rules and the station authorization.
>
> \(2\) 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 3 minutes.

4\. Section 73.1350(d) is revised as follows:

§ 73.1350 **Transmission system operation.**

> \(d\) 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.
>
> \[The current subsections (1) - (3) are deleted\].

4\. A new Section 73.1350(e) of the rules is added as follows:

§ 73.1350 **Transmission system operation.**

> \(e\) 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.
>
> > \[The current remaining Sections (e) through (h) are redesignated as
> > Sections (f) through (i)\].

**APPENDIX C**

**Final Regulatory Flexibility Act Analysis**

As required by the Regulatory Flexibility Act of 1980, as amended,
("RFA"),[^42] 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 *Notice*).[^43] The Commission
sought written comment on the proposal in the *Notice*, including
comment on the IRFA. The comments received are discussed below. This
present Final Regulatory Flexibility Analysis ("FRFA") conforms to the
RFA.[^44]

**A. Need for, and Objectives, of the Report and Order.** The *Report
and Order* was issued to resolve a conflict between Sections 73.62 and
73.1350(d)(2) of the Commission's rules.[^45] 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.

The *Report and Order* adopts the substantive amendments proposed by the
Commission in the *Notice*. It was determined that Section 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 Section 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.**

> There were no comments filed on the IRFA.

**C. Description and Estimate of the Number of Small Entities to Which
Rules Will Apply.** 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.[^46] The RFA generally
defines the term "small entity" as having the same meaning as the terms
"small business," "small organization," and "small governmental
jurisdiction."[^47] In addition, the term "small business" has the same
meaning as the term "small business concern" under the Small Business
Act.[^48] 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).[^49]

The amendments to Sections 73.1350 and 73.62 will primarily apply to
certain AM directional radio broadcasting licensees and potential
licensees.[^50] The amendments to Section 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.[^51] Business
concerns included in this industry are those "primarily engaged in
broadcasting aural programs by radio to the public."[^52] 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[^53]are
included.[^54] 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.

The amendments to Section 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.[^55] Business concerns included in this industry are those
"primarily engaged in broadcasting images together with sound."[^56]
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[^57] 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.** 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.** 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.

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.

**[Report to Congress]{.underline}.** 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.[^58] 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.[^59]

[^1]: 47 C.F.R. §§ 73.62 and 73.1350(d)(2).

[^2]: *In the Matter of Sections 73.62 and 73.1350 of the Commission's
    Rules*, 18 FCC Rcd 13570 (2003) ("*Notice*"). A list of parties
    filing comments and reply comments is set forth in Appendix A.

[^3]: 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. *See* 47 C.F.R. §§ 73.62, 73.69.

[^4]: 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. *See* 47 C.F.R. § 73.61.

[^5]: 47 C.F.R. § 73.62(b).

[^6]: 47 C.F.R. § 73.1350(d)(2).

[^7]: *Notice*, 18 FCC Rcd at 13572.

[^8]: *Id.* at 13571.

[^9]: *Notice*, 18 FCC Rcd at 13572.

[^10]: *Id.*

[^11]: *Id.*

[^12]: *Id.*

[^13]: *Id.*

[^14]: WCSR Comments at 1.

[^15]: NAB Comments at 2.

[^16]: *Id.*

[^17]: MEI Comments at 1; s*ee also* Cohen, Dippell and Everist, P.C.
    ("CDE") Reply Comments. CDE supports MEI's request for additional
    guidance.

[^18]: MEI Comments at 3.

[^19]: The proposed version of Section 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." *See Notice*, 18
    FCC Rcd at 13576 (proposed Section 73.62(b)).

[^20]: The proposed version of Section 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)." *See
    Notice*, 18 FCC Rcd at 13576 (Proposed Section 73.62(c)).

[^21]: MEI Comments at 3 (emphasis added).

[^22]: MEI points out that the *Notice* 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 *Notice* 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
    *Notice* 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 Comments at 3, n.1; *see also Notice*, 18
    FCC Rcd at 13572.

[^23]: MEI Comments at 4.

[^24]: *Id.*

[^25]: *Id.*

[^26]: *Id.*

[^27]: *Id.*

[^28]: *Id.* at 3.

[^29]: *Id.*

[^30]: *Id.*

[^31]: *See* 47 C.F.R. § 73.62(a).

[^32]: 47 C.F.R. § 73.1350.

[^33]: 47\. C.F.R. § 73.62.

[^34]: 47 C.F.R. § 73.1350.

[^35]: *See* 47 C.F.R. § 73.62 (b)(1) (Appendix B).

[^36]: *See* 47 C.F.R. § 73.62 (c)(1)-(4) (Appendix B).

[^37]: *See* 47 C.F.R. § 73. 1350(d)(2) (Existing rule, moved to body of
    47 C.F.R. § 1350(d) by this item).

[^38]: *See* 47 C.F.R. § 73.1680(b)(1).

[^39]: *See* 47 C.F.R. § 73.1680(b).

[^40]: *See* 47 C.F.R. §§ 73.1560(d) & 73.1680.

[^41]: *See* 5 U.S.C. § 603.

[^42]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. §§ 601-612, has
    been amended by the Small Business Regulatory Enforcement Fairness
    Act of 1996 ("SBREFA"), Pub. L. No. 104-121, Title II, 110 Stat. 857
    (1996).

[^43]: *In the Matter of*: *Amendment of Sections 73.62 and 73.1350 of
    the Commission's Rules*, 18 FCC Rcd 13570 (2003).

[^44]: *See* 5 U.S.C. § 604.

[^45]: 47 C.F.R. §§ 73.62 and 73.1350(d)(2).

[^46]: 5 U.S.C. § 604(a)(3).

[^47]: 5 U.S.C. § 601(6).

[^48]: 5 U.S.C. § 6013) (incorporating by reference the definition of
    "small-business concern" in the Small Business Act, 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."

[^49]: 15 U.S.C. § 632.

[^50]: 47 C.F.R. §§ 73.62 and 73.1350.

[^51]: *See* OMB, North American Industry Classification System: United
    States, 1997, at 509 (1997) (Radio Stations) (NAICS code 513111,
    which was changed to code 515112 in October 2002).

[^52]: *Id.*

[^53]: "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 C.F.R. §
    121.103(a)(1).

[^54]: "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 organized for profit, in
    determining the concern's size." 13 C.F.R. § 121(a)(4).

[^55]: *See* OMB, North American Industry Classification System: United
    States, 1997 at 509 (1997) (NAICS code 513120, which was changed to
    code 515120 in October 2002).

[^56]: OMB, North American Industry Classification System: United
    States, 1997, at 509 (1997) (NAICS code 513120, which was changed to
    code 51520 in October 2002). 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.

[^57]: "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 C.F.R. §
    121.103(a)(1).

[^58]: *See* 5 U.S.C. § 801(a)(1)(A).

[^59]: *See* 5 U.S.C. § 604(b).