45712 Federal Register / Vol. 72, No. 157 / Wednesday, August 15, 2007 / Proposed Rules 

risks such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This proposed rule is not 

subject to Executive Order 13045 

because it would approve a state rule 

implementing a Federal standard. 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes federal 

executive policy on environmental 

justice. Because this proposed rule 

merely approves a state rule 

implementing a Federal standard, EPA 

lacks the discretionary authority to 

modify today’s regulatory decision on 

the basis of environmental justice 

considerations. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Act. In this context, in the absence 

of a prior existing requirement for the 

State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Act. Thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (1 5 U.S.C. 272 note) do not 

apply. This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides. 

40 CFR Part 97 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, 

Intergovernmental relations, Nitrogen 

oxides, Ozone, Reporting and 

recordkeeping requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 7, 2007. 

Richard E. Greene, 

Regional Administrator, EPA Region 6. 

[FR Doc. E7–16044 Filed 8–14–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[FRL–8455–4] 

Arkansas: Final Authorization of State 

Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The State of Arkansas has 

applied to EPA for Final Authorization 

of changes to its hazardous waste 

program under the Resource 

Conservation and Recovery Act (RCRA). 

EPA proposes to grant Final 

Authorization to the State of Arkansas. 

In the ‘‘Rules and Regulations’’ section 

of this Federal Register, EPA is 

authorizing the changes by an 

immediate final rule. EPA did not make 

a proposal prior to the immediate final 

rule because we believe this action is 

not controversial and do not expect 

comments that oppose it. We have 

explained the reasons for this 

authorization in the preamble to the 

immediate final rule. Unless we get 

written comments which oppose this 

authorization during the comment 

period, the immediate final rule will 

become effective on the date it 

establishes, and we will not take further 

action on this proposal. If we receive 

comments that oppose this action, we 

will withdraw the immediate final rule 

and it will not take effect. We will then 

respond to public comments in a later 

final rule based on this proposal. You 

may not have another opportunity for 

comment. If you want to comment on 

this action, you must do so at this time. 

DATES: Send your written comments by 

September 14, 2007. 

ADDRESSES: Send written comments to 

Alima Patterson, Region 6, Regional 

Authorization Coordinator (6PD–O), 

Multimedia Planning and Permitting 

Division, at the address shown below. 

You can examine copies of the materials 

submitted by the State of Arkansas 

during normal business hours at the 

following locations: EPA, Region 6, 

1445 Ross Avenue, Dallas, Texas 75202–

2733, phone number (214) 665–8533; 

Arkansas Department of Environmental 

Quality 8101 Interstate 30, Little Rock, 

Arkansas 72219–8913, (501) 682–0876. 

Comments may also be submitted 

electronically or through hand delivery/ 

courier; please follow the detailed 

instructions in the ADDRESSES section of 

the immediate final rule which is 

located in the Rules section of this 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Alima Patterson (214) 665–8533. 

SUPPLEMENTARY INFORMATION: For 

additional information, please see the 

immediate final rule published in the 

‘‘Rules and Regulations’’ section of this 

Federal Register. 

Dated: July 25, 2007. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. E7–16012 Filed 8–14–07; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MM Docket No. 99–325; FCC 07–33] 

Digital Audio Broadcasting Systems 

and Their Impact on the Terrestrial 

Radio Broadcast Service 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission proposes rules to address 

issues that were left unresolved in the 

Commission’s Second Report and 

Order, FCC 07–33. Specifically, the 

Commission seeks comment on how to 

ensure that the amount of subscriptionbased radio service is limited, whether 

the Commission can and should impose 

spectrum fees on portions of the digital 

bandwidth used by broadcasters to 

provide subscription services, whether 

statutory requirements and subscription 

regulations should apply to 

subscription-based services, whether 

any new public interest requirements 

should be imposed on digital audio 

broadcasters, whether enhanced public 

disclosure rules should apply to radio 

stations, and whether the rules 

regarding unattended stations should be 

reviewed and modified. 

DATES: Comments for this proceeding 

are due on or before October 15, 2007; 

reply comments are due on or before 

November 13, 2007. 

ADDRESSES: You may submit comments, 

identified by MM Docket No. 99–325, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Federal Communications 

Commission’s Web site: http:// 

www.fcc.gov/cgb/ecfs/. Follow the 

instructions for submitting comments. 

• People With Disabilities: Contact 

the FCC to request reasonable 

accommodations (accessible format 


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documents, sign language interpreters, 

CART, etc.) by e-mail: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202–

418–0432. 

For detailed instructions for submitting 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Ann Gallagher, 

Ann.Gallagher@fcc.gov of the Media 

Bureau, Audio Division, (202) 418–

2716, or Brendan Murray, 

Brendan.Murray@fcc.gov of the Media 

Bureau, Policy Division, (202) 418–

2120. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Report and Order, First Order on 

Reconsideration, and Second Further 

Notice of Proposed Rulemaking, FCC 

07–33, adopted on March 22, 2007, and 

released on May 31, 2007. The full text 

of this document is available for public 

inspection and copying during regular 

business hours in the FCC Reference 

Center, Federal Communications 

Commission, 445 12th Street, SW., CY–

A257, Washington, DC 20554. These 

documents will also be available via 

ECFS (http://www.fcc.gov/cgb/ecfs/). 

(Documents will be available 

electronically in ASCII, Word 97, and/ 

or Adobe Acrobat.) The complete text 

may be purchased from the 

Commission’s copy contractor, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Initial Paperwork Reduction Act of 

1995 Analysis 

This document does not contain 

proposed information collection(s) 

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 burden 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). 

Summary of the Notice of Proposed 

Rulemaking 

1. Preserving the existing system of 

free over-the-air terrestrial radio service 

as radio stations convert to digital 

broadcasting remains important. In 

order to accomplish this goal, we seek 

comment on how to ensure that the 

amount of subscription-based radio 

services is limited. For example, should 

we implement a requirement which 

states that no more than 20 to 25 percent 

of a station’s digital capacity be devoted 

to subscription services? In the digital 

television context, we have not imposed 

a specific cap on the amount of 

subscription services that could be 

offered. Rather, we have permitted 

television stations to use their digital 

capacity for any purpose as long as they 

transmit at least one over-the-air video 

program signal at no direct charge to 

viewers. This estimate is based on 

current analog FM SCA usage and the 

scalability of the digital stream in 1 kbps 

or smaller increments. How should any 

limitation on digital subscription 

services be specified—in terms of 

occupied bandwidth, or in terms of total 

digital capacity? Would limiting digital 

subscription services to 20 to 25 percent 

be sufficient to ensure that the free overthe-air radio service is not 

compromised? Should there be different 

rules for NCE radio stations? What kinds 

of subscription services do radio 

stations, both NCE and commercial, 

plan to offer once they commence 

digital broadcasting? For example, 

iBiquity states that it will continue to 

develop new applications for DAB 

including store and replay, on-demand 

services, and a ‘‘buy button.’’ iBiquity 

has not made it clear whether these 

services would be offered on a 

subscription basis. Would any 

subscription services be broadcast 

services? With regard to DTV, Congress 

explicitly authorized the Commission to 

permit digital television stations to offer 

ancillary and supplementary 

subscription-based services. Given that 

there is no similar statutory provision 

for DAB, we will proceed cautiously to 

ensure that free over-the-air service is 

preserved. We note that radio stations 

are permitted to offer subscription 

services during the pendency of this 

Second Further Notice of Proposed 

Rulemaking, but are put on notice that 

we will adopt new rules in this area that 

may affect such offerings. 

2. In the DAB FNPRM, we sought 

comment on whether we can and 

should impose spectrum fees for that 

portion of digital bandwidth used by 

broadcasters to provide subscription 

services. Given that we are further 

considering the issues surrounding the 

provision of subscription services, we 

now seek additional input from the 

public on the fee issue. With regard to 

DTV, Congress authorized the 

Commission to impose a fee on certain 

ancillary or supplementary services. 

The Commission subsequently adopted 

a rule requiring DTV licensees to pay a 

fee of five percent of the gross revenues 

derived from all ancillary or 

supplemental services that are feeable, 

as defined by the rules. Given that no 

express statutory authority exists in the 

DAB context, do we have the authority 

to impose a five percent or other fee 

based on the Commission’s jurisdiction 

ancillary to its regulation of 

broadcasting? Can we, therefore, impose 

a similar fee for subscription digital 

radio? What limits should we place on 

subscription services, particularly if we 

are unable to impose a fee? Should 

broadcasters have to provide a free 

digital stream at least equal in quality to 

the best subscription service if they 

decide to provide a subscription 

service? 

3. In the Second Report and Order 

(published elsewhere in this issue), we 

rule that several statutory requirements 

and Commission regulations would 

apply to all free over-the-air digital 

programming streams. Here, we seek 

comment on whether those same 

requirements, as outlined in Section 

D.1, above, should apply to subscription 

services. We note that the Commission 

has applied certain public interest 

obligations to other subscription 

services, including cable television and 

satellite radio, pursuant to our authority 

to regulate subscription services 

ancillary to the regulation of 

broadcasting. We tentatively conclude 

that we should apply the requirements 

outlined above to subscription services 

offered by terrestrial radio stations, and 

that we have the statutory authority to 

do so. We seek comment on this 

tentative conclusion. 

4. As stated above, the Commission 

must ensure that broadcast radio and 

television stations serve the ‘‘public 

interest, convenience and necessity.’’ To 

ensure that broadcasters serve the 

public interest, convenience and 

necessity, the Commission requires 

licensees to comply with various 

program-related and operational duties. 

Broadcasters, for example, are required 

to air programming responsive to 

community needs and interests and 

have other service obligations. We will 

continue to enforce our statutory 

mandate to ensure that broadcasters 

serve the public interest, and remind 

broadcasters of the importance of 

meeting their existing public interest 

obligations. As stated above, IBOC 

provides broadcasters the potential for a 

more flexible and dynamic use of the 

radio spectrum and raises questions 


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about the nature of program-related and 

operating obligations in digital 

broadcasting because the scope of those 

responsibilities has not been defined. 

Certain parties have proposed new 

public interest requirements for DAB, 

while others have argued that there is 

no reason to change our existing rules. 

We seek comment on whether we 

should adopt any new public interest 

requirements for digital audio 

broadcasters. 

5. In the context of examining 

possible changes to television station 

public interest obligations in the digital 

environment, the Commission is 

considering whether the current 

requirements pertaining to television 

stations’ public inspection files are 

sufficient to ensure that the public has 

adequate access to information on how 

the stations are serving their 

communities. As we undertake an 

examination of possible changes to 

radio station public interest obligations 

in the digital environment, we believe it 

is also appropriate to consider whether 

the current requirements for radio 

stations’ public inspection files are 

sufficient to ensure that the public has 

adequate access to information on how 

these stations are serving their 

communities. In the Enhanced 

Disclosure NPRM, we proposed that 

television broadcast station licensees 

should use a standardized form to 

provide information on how the station 

serves the public interest in a variety of 

areas, and that the form should be 

provided on a quarterly basis and 

maintained in the station’s public 

inspection file in place of the currently 

required issues/programs lists. We also 

proposed to enhance the public’s ability 

to access public interest information by 

requiring licensees to make the contents 

of their public inspection files, 

including the form, available on the 

station’s or a state broadcasters 

association’s Internet Web site. We seek 

comment on whether we should 

consider applying such rules to radio 

stations, whether operating in analog or 

digital. Would the benefits or burdens of 

requiring the public inspection file to 

also be placed on the Internet be the 

same, lesser, or greater for radio stations 

than for television stations? In what 

specific ways, if any, should the rules 

differ for radio? Are there ways we can 

reduce the burden on small radio 

stations? 

I. Procedural Matters 

A. Filing Requirements 

6. Ex Parte Rules. The Second Further 

Notice of Proposed Rulemaking in this 

proceeding will be treated as a ‘‘permitbut-disclose’’ subject to the ‘‘permit-butdisclose’’ requirements under Section 

1.1206(b) of the Commission’s rules. Ex 

parte presentations are permissible if 

disclosed in accordance with 

Commission rules, except during the 

Sunshine Agenda period when 

presentations, ex parte or otherwise, are 

generally prohibited. Persons making 

oral ex parte presentations are reminded 

that a memorandum summarizing a 

presentation must contain a summary of 

the substance of the presentation and 

not merely a listing of the subjects 

discussed. More than a one-or twosentence description of the views and 

arguments presented is generally 

required. Additional rules pertaining to 

oral and written presentations are set 

forth in Section 1.1206(b). 

7. Comments and Reply Comments. 

Pursuant to §§ 1.415 and 1.419 of the 

Commission’s rules, 47 CFR 1.415, 

1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. Comments may 

be filed using: (1) the Commission’s 

Electronic Comment Filing System 

(ECFS), (2) the Federal Government’s 

eRulemaking Portal, or (3) by filing 

paper copies. 

• Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the ECFS: http://www.fcc.gov/ 

cgb/ecfs/ or the Federal eRulemaking 

Portal: http://www.regulations.gov. 

Filers should follow the instructions 

provided on the Web site for submitting 

comments. 

• For ECFS filers, if multiple docket 

or rulemaking numbers appear in the 

caption of this proceeding, filers must 

transmit one electronic copy of the 

comments for each docket or 

rulemaking number referenced in the 

caption. In completing the transmittal 

screen, filers should include their full 

name, U.S. Postal Service mailing 

address, and the applicable docket or 

rulemaking number. Parties may also 

submit an electronic comment by 

Internet e-mail. To get filing 

instructions, filers should send an email to ecfs@fcc.gov, and include the 

following words in the body of the 

message, ‘‘get form.’’ A sample form and 

directions will be sent in response. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. If more than 

one docket or rulemaking number 

appears in the caption of this 

proceeding, filers must submit two 

additional copies for each additional 

docket or rulemaking number. 

Filings can be sent by hand or 

messenger delivery, by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail 

(although we continue to experience 

delays in receiving U.S. Postal Service 

mail). All filings must be addressed to 

the Commission’s Secretary, Office of 

the Secretary, Federal Communications 

Commission. 

• The Commission’s contractor will 

receive hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary at 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002. The filing hours 

at this location are 8 a.m. to 7 p.m. All 

hand deliveries must be held together 

with rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 

and Priority Mail) must be sent to 9300 

East Hampton Drive, Capitol Heights, 

MD 20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 445 12th Street, SW., 

Washington, DC 20554. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an e-mail to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202–

418–0432 (TTY). 

8. Availability of Documents. 

Comments, reply comments, and ex 

parte submissions will be available for 

public inspection during regular 

business hours in the FCC Reference 

Center, Federal Communications 

Commission, 445 12th Street, SW., CY–

A257, Washington, DC 20554. Persons 

with disabilities who need assistance in 

the FCC Reference Center may contact 

Bill Cline at (202) 418–0267 (voice), 

(202) 418–7365 (TTY), or 

bill.cline@fcc.gov. These documents also 

will be available from the Commission’s 

Electronic Comment Filing System. 

Documents are available electronically 

in ASCII, Word 97, and Adobe Acrobat. 

Copies of filings in this proceeding may 

be obtained from Best Copy and 

Printing, Inc., Portals II, 445 12th Street, 

SW., Room CY–B402, Washington, DC 

20554; they can also be reached by 

telephone, at (202) 488–5300 or (800) 

378–3160; by e-mail at 

fcc@bcpiweb.com; or via their Web site 

at http://www.bcpiweb.com. To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an e-mail to fcc504@fcc.gov or call 

the Consumer and Governmental Affairs 

Bureau at (202) 418–0531 (voice), (202) 

418–7365 (TTY). 


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9. Additional Information. For 

additional information on this 

proceeding, contact Ann Gallagher, 

Ann.Gallagher@fcc.gov, of the Media 

Bureau, Audio Division, (202) 418–2716 

or Brendan Murray, 

Brendan.Murray@fcc.gov, of the Media 

Bureau, Policy Division, (202) 418–

2120. 

B. Initial and Final Regulatory 

Flexibility Analysis 

10. The Regulatory Flexibility Act of 

1980, as amended (‘‘RFA’’), requires that 

a regulatory flexibility analysis be 

prepared for notice and comment rule 

making proceedings, unless the agency 

certifies that ‘‘the rule will not, if 

promulgated, have a significant 

economic impact on a substantial 

number of small entities.’’ The RFA 

generally defines the term ‘‘small 

entity’’ as having the same meaning as 

the terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

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 Small Business 

Administration (SBA). By the issuance 

of this Second Further Notice of 

Proposed Rulemaking, we seek 

comment on the impact our suggested 

proposals would have on small business 

entities. 

11. Act. As required by the Regulatory 

Flexibility Act, the Commission has 

prepared a Final Regulatory Flexibility 

Analysis (‘‘FRFA’’) relating to this 

Second Report and Order and First 

Order on Reconsideration. 

C. Paperwork Reduction Act Analysis 

This document does not contain 

proposed information collection(s) 

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 burden 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). 

Initial Regulatory Flexibility Analysis 

12. As required by the Regulatory 

Flexibility Act of 1980, as amended, the 

Commission has prepared this Initial 

Regulatory Flexibility Analysis of the 

possible significant economic impact on 

a substantial number of small entities by 

the policies and rules proposed in the 

Second Further Notice of Proposed 

Rulemaking. Written public comments 

are requested on this IRFA. Comments 

must be identified as responses to the 

IRFA and must be filed by the deadlines 

for comments on the Second Further 

Notice of Proposed Rulemaking. The 

Commission will send a copy of this 

entire Second Further Notice of 

Proposed Rulemaking (‘‘FNPRM’’), 

including this IRFA, to the Chief 

Counsel for Advocacy of the Small 

Business Administration (‘‘SBA’’). In 

addition, the Second Further Notice of 

Proposed Rulemaking and the IRFA (or 

summaries thereof) will be published in 

the Federal Register. 

13. Need for, and Objectives of, the 

Proposed Rules. The Second FNPRM 

has been initiated to obtain further 

comments concerning the development 

and implementation of terrestrial digital 

audio broadcasting. Because free overthe-air terrestrial broadcasting is in the 

public interest, and because spectrum is 

a limited resource, in the Second 

FNPRM the Commission seeks comment 

on how to limit ancillary subscription 

services provided by radio stations 

converting to the IBOC DAB format so 

that terrestrial radio broadcasting 

remains an essentially free over-the-air 

service. The Commission also seeks 

comment on, inter alia, the application 

of several statutory and regulatory 

public interest requirements to 

subscription services. 

14. Legal Basis. The authority for this 

Second Further Notice of Proposed 

Rulemaking is contained in Sections 1, 

2, 4(i), 303, 307, 312(a)(7), 315, 317, 507, 

and 508 of the Communications Act of 

1934, 47 U.S.C 151, 152, 154(i), 303, 

307, 312(a)(7), 315, 317, 508, and 509. 

15. Description and Estimate of the 

Number of Small Entities to Which the 

Proposed Rules Will Apply. 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 proposed 

rules. The RFA generally defines the 

term ‘‘small entity’’ as encompassing the 

terms ‘‘small business,’’ ‘‘small 

organization,’’ and ‘‘small governmental 

entity.’’ 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 Small Business 

Administration (‘‘SBA’’). 

16. Radio Stations. The proposed 

rules and policies potentially will apply 

to all AM and commercial FM radio 

broadcasting licensees and potential 

licensees. The SBA defines a radio 

broadcasting station that has $6.5 

million or less in annual receipts as a 

small business. A radio broadcasting 

station is an establishment primarily 

engaged in broadcasting aural programs 

by radio to the public. Included in this 

industry are commercial, religious, 

educational, and other radio stations. 

Radio broadcasting stations which 

primarily are engaged in radio 

broadcasting and which produce radio 

program materials are similarly 

included. However, radio stations that 

are separate establishments and are 

primarily engaged in producing radio 

program material are classified under 

another NAICS number. According to 

Commission staff review of BIA 

Publications, Inc. Master Access Radio 

Analyzer Database on March 31, 2005, 

about 10,840 (95%) of 11,410 

commercial radio stations have revenue 

of $6.5 million or less. We note, 

however, that many radio stations are 

affiliated with much larger corporations 

having much higher revenue. Our 

estimate, therefore, likely overstates the 

number of small entities that might be 

affected by our action. 

17. Electronics Equipment 

Manufacturers. The rules adopted in 

this proceeding will apply to 

manufacturers of DAB receiving 

equipment and other types of consumer 

electronics equipment. The appropriate 

small business size standard is that 

which the SBA has established for radio 

and television broadcasting and wireless 

communications equipment 

manufacturing. This category 

encompasses entities that primarily 

manufacture radio, television, and 

wireless communications equipment. 

Under this standard, firms are 

considered small if they have 1000 or 

fewer employees. Census Bureau data 

for 2002 indicate that, for that year, 

there were a total of 1,041 

establishments in this category. Of 

those, 1,023 had employment under 

1,000. Given the above, the Commission 

estimates that the great majority of 

equipment manufacturers affected by 

these rules are small businesses. 

18. Description of Projected 

Reporting, Recordkeeping and Other 

Compliance Requirements. The 

proposed rules on subscription services 

may impose additional reporting or 

recordkeeping requirements on existing 

radio stations, depending upon how the 

Commission decides to limit 

subscription services. We seek comment 

on the possible burden these 

requirements would place on small 

entities. Also, we seek comment on 

whether a special approach toward any 


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possible compliance burdens on small 

entities might be appropriate. 

19. Steps Taken To Minimize 

Significant 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 (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. 

20. In the Second Report and Order, 

the Commission permits radio stations 

to offer high quality digital radio 

signals, multicast digital audio 

programming streams, and datacasting. 

In the Second Further Notice of 

Proposed Rulemaking, the Commission 

seeks comment on what limitations on 

ancillary subscription services are 

necessary and appropriate to ensure the 

viability of free over-the-air radio 

broadcasting. This is an issue of first 

impression for the Commission; there is 

no history that indicates whether limits 

on ancillary subscription services will 

be adverse or beneficial to small 

businesses. Therefore, we make no 

judgment on whether limits on ancillary 

subscription services will adversely 

affect small business. We welcome 

commenters to address whether limits 

on ancillary subscription services will 

have any adverse effects on small 

businesses. 

21. Federal Rules Which Duplicate, 

Overlap, or Conflict With, the 

Commission’s Proposals. None. 

22. The Commission will send a copy 

of the Second Report and Order, First 

Order on Reconsideration, and Second 

Further Notice of Proposed Rulemaking, 

including this FRFA, to the Chief 

Counsel for Advocacy of the SBA. A 

copy of the Second Report and Order, 

First Order on Reconsideration, and 

Second Further Notice of Proposed 

Rulemaking and FRFA (or summaries 

thereof) will also be published in the 

Federal Register. 

II. Ordering Clauses 

23. Accordingly, it is ordered, 

pursuant to the authority contained in 

Sections 1, 2, 4(i), 303, 307, 312, 315, 

317, 507, and 508 of the 

Communications Act of 1934, 47 U.S.C. 

151, 152, 154(i), 303, 307, 312, 315, 508, 

and 509, this Second Report and Order 

First Order on Reconsideration and 

Second Further Notice of Proposed 

Rulemaking is adopted. 

24. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Second Report and Order First 

Order on Reconsideration and Second 

Further Notice of Proposed Rulemaking 

including the Initial and Final 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

List of Subjects in 47 CFR Part 73 

Digital television, Radio. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 07–3958 Filed 8–14–07; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 07–3416; MB Docket No. 07–143; RM–

11381] 

Radio Broadcasting Services; Charlo, 

MT 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: This document requests 

comments on a petition for rule making 

filed by Spanish Peaks Broadcasting, 

Inc. (‘‘Petitioner’’) proposing the 

allotment of Channel 251C3 at Charlo, 

Montana. The proposed coordinates are 

47–32–20 NL and 114–08–52 WL with 

a site restriction of 11.3 kilometers (7.0 

miles) north of Charlo, Montana. 

DATES: Comments must be filed on or 

before September 17, 2007, and reply 

comments on or before October 2, 2007. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 

Twelfth Street, SW., Washington, DC. 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve the Petitioner as follows: Kevin 

Terry, President, Spanish Peaks 

Broadcasting, Inc.; 3702 Sunridge Drive; 

Park City, Utah 84098. 

FOR FURTHER INFORMATION CONTACT: R. 

Barthen Gorman, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

07–143, adopted July 25, 2007, and 

released July 27, 2007. The full text of 

this Commission decision is available 

for inspection and copying during 

normal business hours in the 

Commission’s Reference Information 

Center, 445 Twelfth Street, SW., 

Washington, DC 20554. This document 

may also be purchased from the 

Commission’s duplicating contractors, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1–

800–378–3160 or http:// 

www.BCPIWEB.com. This document 

does not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘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). 

Provisions of the Regulatory 

Flexibility Act of l980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contact. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 73 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, 336. 

§ 73.202 [Amended] 

2. Section 73.202(b), the Table of FM 

Allotments under Montana, is amended 

by adding Charlo, Channel 251C3. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E7–15900 Filed 8–14–07; 8:45 am] 

BILLING CODE 6712–01–P 


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