G/TBT/N/USA/2039  
23 August 2023  
(23-5658) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Federal Communications Commission (FCC) [2070]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicate d if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  FM 
terrestrial digital audio broadcasting systems; Radiocommunications (ICS code(s):  
33.060); Mobile services (ICS code(s): 33.070); Television and radio broadcasting (ICS 
code(s): 33.170)  
5. Title, number of pages and language(s) of the notified document:  Rules for FM 
Terrestrial Digital Audio Broadcasting Systems; (11 page(s), in Engli sh) 
6. Description of content:  Proposed rule - In this document , the Federal Communications 
Commission (Commission or FCC) adopted a Notice of Propose d Rulemaking, in which it 
seeks comment on proposals to change the digital audio broadcasting technical rules that 
would permit additional FM stations to increase FM hybrid digital effective radiated power 
(FM Digital ERP) beyond the existing levels withou t the need for individual Commission 
authorization, as well as allowing asymmetric digital sideband operation. These specific 
rule changes were proposed based on two consolidated Petitions for Rule Making filed in 
2019 and 2022.  
7. Objective and rationale , including the nature of urgent problems where 
applicable:  Harmonization  
8. Relevant documents:   
88 Federal Register (FR) 57033, 22 August 2023; Title 47 Code of Federal Regulations 
(CFR) Part 73 : 
https://www.govinfo.gov/content/pkg/FR -2023-08-22/html/2023 -17423.htm  
https://www.govinfo.gov/content/pkg/FR -2023-08-22/pdf/2023 -17423.pdf  
https://docs.fcc.gov/public/attachments/FCC -23-61A1.pdf  G/TBT/N/USA/2039  
 
- 2 - 
 
  This proposed rule is identified by MB Docket No. 22 -405; FCC 23 -61. The Docket Folder 
is available on the FCC's website at https://www.fc c.gov/edocs/search -
results?t=quick&fccdaNo=23 -61&dockets=22 -405 and provides access to associated 
documents as well as comments received (if any). Documents are also accessible from 
the FCC's Electronic Document Management System (EDOCS)  by searching the WT 
Docket Number. Comments are due on or before 21 September 2023; reply comments 
are due on or before 6 October 2023. WTO Members and their stak eholders are asked to 
submit comments to the USA TBT Enquiry Point  by or before 4pm Eastern Time  on 6 
October 2023. Comments received by the USA TBT Enquiry Point from WTO Members and 
their stakeholders will be shared with the regulator and will also be submitted to the FCC 
Electronic Comment Filing System (ECFS)  if received within the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  6 October 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_11958_00_e.pdf  
https://members.wto.org/crnattachments/2023/TBT/USA/23_11958_01_e.pdf