[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:<a href="/cdn-cgi/l/email-protection#385e5b5b0d080c785e5b5b165f574e"><span class="__cf_email__" data-cfemail="10767373252024507673733e777f66">[email protected]</span></a> 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


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