84096 Federal Register / Vol. 89, No. 203 / Monday, October 21, 2024 / Rules and Regulations 

(13) A CLA shall maintain the 

confidentiality of non-public 

information received as part of an 

application for authority to use the FCC 

IoT Label, and will implement 

appropriate administrative, technical, 

procedural, and physical safeguards to 

protect the confidentiality of 

information received by the CLA and 

protect against the unauthorized 

disclosure and unauthorized use of nonpublic information received as a result 

of its participation in the FCC IoT 

Labeling Program. 

* * * * * 

■ 3. Delayed indefinitely, amend § 8.220 

by adding paragraph (f)(14) to read as 

follows: 

§ 8.220 Requirements for CLAs. 

* * * * * 

(f) * * * 

(14) A CLA shall create, update, and 

implement a cybersecurity risk 

management plan identifying the cyber 

risks that the entity faces, the controls 

used to mitigate those risks, and the 

steps taken to ensure that these controls 

are applied effectively to their 

operations. The plan must also describe 

how the CLA employs its organizational 

resources and processes to ensure the 

confidentiality, integrity, and 

availability of its information and 

information systems. The CLA’s 

cybersecurity risk management plan 

must be available to the Commission 

upon request. 

* * * * * 

■ 4. Amend § 8.221 by adding 

paragraphs (a)(11) through (14) to read 

as follows: 

§ 8.221 Requirements for the Lead 

Administrator. 

(a) * * * 

(11) Create, update, and implement a 

cybersecurity risk management plan 

identifying the cyber risks that the 

entity faces, the controls used to 

mitigate those risks, and the steps taken 

to ensure that these controls are applied 

effectively to their operations. The plan 

must also describe how the Lead 

Administrator employs its 

organizational resources and processes 

to ensure the confidentiality, integrity, 

and availability of its information and 

information systems. The Lead 

Administrator’s cybersecurity risk 

management plan must be available to 

the Commission upon request; 

(12) Submit to the Public Safety and 

Homeland Security Bureau and the 

Office of the Managing Director, an 

estimate of its forward-looking costs 

including, separately, program stand-up 

costs and ongoing program costs to 

perform the Lead Administrator duties 

for the Lead Administrator’s upcoming 

calendar year, which will be reviewed 

by the Cybersecurity Labeling 

Administrators, Public Safety and 

Homeland Security Bureau, and the 

Office of the Managing Director for 

reasonableness, and if reasonable, will 

be used to estimate the overall CLA cost 

sharing obligation; 

(13) Implement internal controls 

adequate to ensure its operations 

maintain best practices to protect 

against improper payments and to 

prevent fraud, waste, and abuse in its 

handling of funds; and 

(14) Submit to the Public Safety and 

Homeland Security Bureau and the 

Office of the Managing Director, an 

annual, independently audited, 

statement of program expenditures and 

monies received from the CLAs due 

before the end of the Lead 

Administrator’s calendar year. 

* * * * * 

[FR Doc. 2024–23844 Filed 10–18–24; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 22–405; FCC 24–105; FR 

ID 250466] 

Rules for FM Terrestrial Digital Audio 

Broadcasting Systems 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) adopts rules to allow 

digital FM broadcast radio stations to 

operate with different power levels on 

the upper and lower digital sidebands, 

by notification to the Commission. The 

rule changes will facilitate greater 

digital FM radio coverage without 

interfering with adjacent-channel FM 

broadcast stations. The intended effect 

is to advance the broader adoption of 

digital FM broadcasting by authorizing 

digital FM broadcasters to implement 

such asymmetric sideband operation by 

simple notification to the Commission, 

rather than by requesting experimental 

authorization as is the current practice. 

DATES: This final rule is effective 

November 20, 2024, except for the 

amendments in instruction 4 (47 CFR 

74.404) and instruction 5 (47 CFR 

74.406), which are delayed indefinitely. 

The Commission will announce the 

effective date of the rule changes to 47 

CFR 73.404 and 73.406 in the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

Albert Shuldiner, Chief, Media Bureau, 

Audio Division, (202) 418–2721, 

Albert.Shuldiner@fcc.gov; Thomas 

Nessinger, Senior Counsel, Media 

Bureau, Audio Division, (202) 418– 

2709, Thomas.Nessinger@fcc.gov. For 

additional information concerning the 

Paperwork Reduction Act (PRA) 

information collection requirements 

contained in this document, contact 

Cathy Williams at (202) 418–2918, 

Cathy.Williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s First 

Report and Order (First R&O), MB 

Docket No. 22–405; FCC 24–105, 

adopted on September 24, 2024, and 

released on September 25, 2024. The 

full text of this document will be 

available via the FCC’s Electronic 

Comment Filing System (ECFS), https:// 

www.fcc.gov/cgb/ecfs/. Documents will 

be available electronically in ASCII, 

Microsoft Word, and/or Adobe Acrobat. 

Alternative formats are available for 

people with disabilities (braille, large 

print, electronic files, audio format), by 

sending an email to fcc504@fcc.gov or 

calling the Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Paperwork Reduction Act of 1995 

Analysis 

This document may contain new or 

modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (PRA), Public 

Law 104–13. All such new or modified 

information collections will be 

submitted to the Office of Management 

and Budget (OMB) for review under 

section 3507(d) of the PRA, 44 U.S.C. 

3507(d). OMB, the general public, and 

other Federal agencies are invited to 

comment on any new or modified 

information collection requirements 

contained in this proceeding. In 

addition, we note that pursuant to the 

Small Business Paperwork Relief Act of 

2002 (Pub. L. 107–198, 116 Stat 729 

(2002) (codified at 44 U.S.C. 3506(c)(4)). 

the Commission previously sought 

specific comment on how it might 

further reduce the information 

collection burden for small business 

concerns with fewer than 25 employees. 

In the First R&O, the Commission 

assessed the effects of the required 

collection of information on these small 

entities. 


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Congressional Review Act 

The Commission has determined, and 

the Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

concurs, that these rules are non-major 

under the Congressional Review Act, 5 

U.S.C. 804(2). The Commission will 

send a copy of the First R&O to Congress 

and the Government Accountability 

Office (GAO) pursuant to 5 U.S.C. 

801(a)(1)(A). 

Synopsis 

1. Introduction. In a 2022 document, 

the Commission’s Media Bureau 

(Bureau) consolidated into one 

rulemaking proceeding two separate 

Petitions for Rulemaking, both 

proposing changes to the rules that the 

petitioners urged would improve digital 

FM signal quality and minimize the 

effect of the digital FM station signal on 

adjacent channel FM transmissions. 

Media Bureau Seeks Comment on 

Petitions for Rulemaking Proposing 

Amendments to FM Broadcast Digital 

Radio Rules, Public Notice, DA 22–1226 

(MB Nov. 28, 2022) (FM Digital 

Comment PN). In the first petition, filed 

December 9, 2019, petitioners National 

Association of Broadcasters (NAB), 

Xperi Corporation (Xperi), and National 

Public Radio (NPR) (collectively 

Asymmetric Petitioners), requested 

blanket authorization to set digital 

power at different levels on each digital 

sideband, thus allowing a digital FM 

station to protect, for example, an 

analog FM station on a lower firstadjacent channel, while enabling an 

increase in digital power on the upper 

sideband where there is no adjacent 

analog FM station or a more distant 

adjacent station. In the second petition, 

filed October 26, 2022, NAB and Xperi 

requested that the FCC update the 

methodology stations use to determine 

maximum FM digital power levels. In 

the Order and notice of proposed 

rulemaking (NPRM), FCC 23–61, 88 FR 

57033 (Aug. 22, 2023), the Commission 

granted these petitions and sought 

comment on whether the rule changes 

proposed by the petitioners would serve 

the public interest, by providing FM 

digital stations with the ability to 

increase power and, concomitantly, 

increase coverage area, building 

penetration, and provide a more robust 

digital signal. The Commission 

additionally sought comment on: 

whether such rule changes would cause 

or increase interference to analog FM 

stations adjacent to a digital FM station; 

whether the proposed rule changes 

would have other adverse effects on 

incumbent FM stations; whether and to 

whom notice of increased digital FM 

power should be provided; and whether 

additional interference remediation 

procedures should be introduced. 

2. Broadcasters, engineers, and 

listeners filed comments and reply 

comments in response to the NPRM. 

Additionally, commenters such as the 

Aerospace Industries Association; Air 

Line Pilots Association, International; 

Garmin International, Inc.; and the 

General Aviation Manufacturers 

Association filed comments expressing 

concern about higher digital power 

levels at the upper end of the FM 

broadcast band causing interference to 

users in the adjacent Aeronautical Radio 

Navigation Spectrum (ARNS), from 

108.0–117.95 MHz. The commenters 

state that preliminary industry studies 

suggest that further testing is needed; to 

that end, aviation industry commenters 

are working with NAB and Xperi, but 

state that comprehensive testing will 

take additional time. See Supplemental 

Comments of Air Line Pilots Ass’n, Int’l; 

Airlines for America; Aviation 

Spectrum Res., Inc.; The Boeing Co.; 

Garmin; and GAMA, filed Apr. 1, 2024, 

at 2–4. See also Letter from First Officer 

Chris Sidor, Air Line Pilots Ass’n, Int’l, 

et al., to Marlene H. Dortch, Secretary, 

FCC, MB Docket No. 22–405, at 3 (filed 

Sept. 19, 2024) (providing testing 

updates); Letter from Ashruf El-Dinary, 

Xperi Inc., to Marlene H. Dortch, 

Secretary, FCC, MB Docket No. 22–405 

(filed Sept. 23, 2024). Accordingly, in 

the interest of a complete record, the 

Commission deferred action on the 

proposal relating to maximum FM 

digital power levels, and in the First 

R&O acts only on the proposals relating 

to the Asymmetric Sideband Petition, 

with appropriate safeguards for stations 

on Channels 296–300. 

3. Background. The FM digital radio 

system inserts redundant digital 

sidebands above and below a station’s 

existing analog signal. The 

Commission’s existing rules assume that 

digital power is the same on both digital 

sidebands, i.e., symmetric sideband 

operation. Currently, an FM station that 

wishes to employ asymmetric sideband 

operation, using different power on each 

digital sideband, must apply for an 

experimental authorization and renew 

that authorization annually. The request 

for experimental authorization must 

include a showing that the digital 

sideband signal contours will not 

overlap adjacent stations’ protected 

contours. NAB, Xperi, and NPR 

(Asymmetric Petitioners), in the 

Asymmetric Sideband Petition, assert 

that with asymmetric sidebands a digital 

FM station can limit the power of one 

digital sideband to protect the adjacent 

analog FM station on that side while 

concurrently increasing the power of the 

other sideband in order to expand its 

overall digital coverage and improve its 

building penetration. Asymmetric 

Sideband Petition at 8–9. Similarly, a 

station could reduce power on the 

sideband causing interference to another 

station and maintain the desired power 

level on the other digital sideband. See 

NPRM, 38 FCC Rcd at 7169, para. 26. 

The Asymmetric Petitioners conducted 

a study that they state demonstrates that 

many more digital FM stations could 

increase power on at least one sideband 

above the current limit of ¥14 dBc. Out 

of 10,875 digital FM stations studied in 

2017, petitioners contend that 6,120 

could increase power on both sidebands 

to ¥10 dBc under the current rules, 

whereas if asymmetric sidebands were 

allowed, an additional 3,496 stations 

could increase one sideband to ¥10 

dBc, with another 532 being able to 

increase one sideband’s power to 

between ¥14 and ¥10 dBc. 

Asymmetric Petitioners also argue that 

the need to request experimental 

authorization, and the temporary nature 

of such authorizations, discourages use 

of asymmetric sidebands, which in turn 

limits digital FM stations to the power 

level needed to protect the adjacentchannel analog FM station that is most 

susceptible to digital interference. The 

Asymmetric Petitioners thus requested 

that the Commission amend its rules to 

allow FM stations to operate with 

asymmetric digital sidebands, without 

having to request experimental 

authorization to do so, in order to 

remove unnecessary regulatory barriers 

and promote broader adoption of 

terrestrial digital FM broadcasting. 

Asymmetric Sideband Petition at 8–11. 

4. Discussion. The Commission 

concluded that the record contains 

considerable support for asymmetric 

sideband operation, and thus adopted 

the relevant proposals set forth in the 

NPRM, with some modifications to the 

rules that were proposed. (In addition, 

as proposed in the NPRM, 38 FCC Rcd 

7158, n.65, to conform to the publishing 

conventions of the National Archives 

and Records Administration’s Office of 

the Federal Register, the Commission 

added paragraph numbers to the list of 

definitions in 47 CFR 73.310(a) and (b). 

The definitions numbered and restated 

in the First R&O are identical to the 

current definitions.) The Commission 

therefore authorized digital FM stations, 

except stations operating on Channels 

296–300, to originate digital 

transmissions at different power levels 

on the upper and lower digital 

sidebands without having to request 


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experimental authorization, consistent 

with the requirements set forth herein. 

As further discussed below, a digital FM 

station need only notify the Commission 

of asymmetric sideband operation by 

filing notification on Form 2100, 

Schedule 335–FM—FM Digital 

Notification (Schedule 335–FM) in the 

Bureau’s Licensing and Management 

System (LMS) database. 

5. Asymmetric Sideband Operation 

Authorization. The Commission agreed 

with the commenters and found that 

asymmetric sidebands will promote the 

adoption of digital radio without 

increasing the risk of interference to 

existing analog broadcasts. Those 

commenters that addressed this 

proposal generally supported it. Some 

expressed approval of the proposal as 

being an affirmative step toward broader 

adoption of digital radio, with some 

specifically stating that eliminating the 

need for prior experimental 

authorization will encourage more 

stations to adopt FM digital operation. 

Many commenters opine that 

asymmetric operation will reduce 

interference to adjacent-channel analog 

FM stations, with some offering 

anecdotal or experimental evidence to 

support these claims. The Commission’s 

current policy requiring the same power 

on both the upper and lower digital 

sidebands limits an FM station’s digital 

power to that needed to protect the 

adjacent-channel analog FM station 

most susceptible to interference, 

regardless of whether there is a need to 

limit power on the other sideband. 

Asymmetric Petitioners contended, and 

commenters agreed, that allowing 

calculation of the maximum allowable 

digital FM power on a per-sideband 

basis allows such stations to optimize 

their digital signal coverage while still 

protecting analog FM stations on 

adjacent channels. The Commission 

agreed and, based on the record 

presented, found that it is in the public 

interest to allow asymmetric sideband 

operation, except on Channels 296–300, 

without the need for an experimental 

authorization. 

6. Notice. The Commission further 

found that allowing a digital FM station 

to report its asymmetric sideband 

operation through a simple notification 

removes a regulatory barrier, compared 

to the current procedure of applying for 

an experimental license to operate 

asymmetrically, and having to file for 

annual renewals of that authorization. 

At the same time, the Commission 

believed it is important for it to track 

asymmetric operation in order to 

address any potential interference 

problems that may arise and to allow 

stations to identify if their adjacentchannel stations are using asymmetric 

sidebands. The Commission found that 

a simple notification should provide the 

correct balance between its desire to 

streamline the regulatory burden on 

stations adopting asymmetric operations 

and the need to be able to identify 

stations employing this functionality. 

The need to track stations employing 

asymmetric sideband operation includes 

identifying those stations that 

discontinue such operation. The 

Commission therefore similarly required 

that stations permanently terminating 

asymmetric sideband operation notify 

the Commission of such termination on 

Schedule 335–FM. The Commission 

also noted that this is consistent with 

the approach it takes for initial 

authorization of digital broadcasting. 

FM broadcast licensees have never 

needed to file a separate application for 

authorization to initiate hybrid digital 

operation; all that has been required is 

notification to the Commission. The 

Commission found the public interest 

would be similarly served by declining 

to require a separate application to 

initiate asymmetric sideband operation 

and allow stations to commence 

asymmetric sideband operation based 

on a simple notification. 

7. To provide notification to the 

Commission, stations choosing 

asymmetric sideband operation will be 

required to file a revised Schedule 335– 

FM. The filing of Schedule 335–FM 

with the Commission does not trigger 

the release of a separate Public Notice 

in LMS, but like all LMS forms is 

searchable and thus available to 

members of the public using the LMS 

‘‘Search’’ function. The Commission 

concluded this approach will provide 

the public with real time information on 

which stations have adopted 

asymmetric operations. 

8. Some commenters sought further 

modification to the proposal regarding 

notice of asymmetric band operation. 

One advocated for the Commission to 

‘‘maintain a readily accessible record of 

information’’ on every station increasing 

power, suggesting that this would 

include stations employing asymmetric 

sideband operation, arguing that 

listeners may find it difficult to identify 

digital-to-analog FM interference, and 

that such a public record of stations 

altering their digital power profile 

would assist in identifying interfering 

stations. Another believed that Schedule 

335–FM should be modified to allow 

the notifying station to provide the 

effective radiated power (ERP) of the 

digital signal on both the upper and 

lower digital sidebands, as well as the 

total digital ERP. This commenter 

disagreed with the NPRM’s proposal to 

modify § 73.406(d)(7) through (8) of the 

Commission’s rules to require licensees 

to file Schedule 335–FM with a short 

statement of the reason(s) for 

discontinuing digital operation, 

including a return to symmetric 

sideband operation from asymmetric 

operation. It believed that specifying a 

reason is unnecessary because such 

operations ‘‘are not mandatory, are a 

voluntary business choice of the 

individual station, and the decision may 

be competitively sensitive.’’ 

9. The Commission concurred with 

the latter commenter that Schedule 335– 

FM should be modified to require a 

party giving notification of asymmetric 

sideband operation to indicate the 

digital ERP on both upper and lower 

digital sidebands, as well as the total 

digital ERP. The Commission believed 

that requiring these data to be included 

in Schedule 335–FM should suffice to 

advise broadcasters and the public, 

through LMS, about digital operations. 

It thus found it unnecessary to adopt the 

suggestion that it implement a separate 

database of FM stations broadcasting in 

hybrid digital mode and the persideband digital power of such stations. 

The Commission concurred with the 

objection to the proposed requirement 

of providing a reason for 

discontinuation, agreeing that it is 

unnecessary given the voluntary nature 

of asymmetric sideband operation. It 

thus adopted the tentative conclusion 

that Schedule 335–FM notification 

should be required for any digital FM 

station that reverts to symmetric 

sideband operation from asymmetric 

sideband operation, but did not adopt 

the proposal to require any such 

notification of return to symmetric 

sideband operation to be accompanied 

by a short statement of the reason(s) for 

this action. 

10. Reporting on Schedule 335–FM. 

After the effective date of the rules 

adopted in the First R&O, licensees will 

be required to use Schedule 335–FM to 

provide notice to the Commission. This 

will serve as a replacement for many of 

the current requests for experimental 

authorization and informal requests. As 

noted above, licensees will be required 

to use Schedule 335–FM to notify the 

Commission of the commencement or 

discontinuance of asymmetric sideband 

operation as a replacement for requests 

for experimental authorization. A 

station adopting asymmetric sideband 

operation must notify the Commission 

upon commencement of such operation 

by filing Schedule 335–FM. The 

Commission directed the Bureau to 

inform the digital FM station within 30 

days of filing Schedule 335–FM if its 

asymmetric sideband operation is nonVerDate Sep<11>2014 18:15 Oct 18, 2024 Jkt 265001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\21OCR1.SGM 21OCR1

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rule compliant. The station may 

commence asymmetric sideband 

operation upon submitting Schedule 

335–FM and may continue such 

operation unless it receives notice of 

noncompliance during that 30-day 

period. Similarly, a digital FM station 

must notify the Bureau on Schedule 

335–FM within 30 days of 

discontinuing asymmetric sideband 

operation. 

11. The Commission also made an 

administrative change to the procedures 

used by licensees seeking to increase 

digital power above ¥14 dBc. Those 

requests, previously submitted by 

informal request, will be submitted 

using Schedule 335–FM. This minor 

administrative change will help 

streamline processing of these requests 

and will further the Commission’s 

efforts to transition all broadcast filings 

to the Bureau’s Licensing and 

Management System (LMS). 

12. The 2010 MB DAB Order (Digital 

Audio Broadcasting Systems And Their 

Impact on the Terrestrial Radio 

Broadcast Service, Order, 25 FCC Rcd 

1182 (MB 2010)), increased the 

allowable total power level of an FM 

station’s digital sidebands from the 

previous maximum of ¥20 dBc to ¥14 

dBc. 2010 MB DAB Order, 25 FCC Rcd 

at 1189, para. 16. The ¥14 dBc power 

level is for both FM digital sidebands 

combined; when both sidebands are 

operating at the same power level, each 

sideband would operate at ¥17 dBc, or 

3 dB lower than the combined 

symmetrical digital sideband power, 

representing one-half of the total 

allowed digital ERP for each sideband. 

The same order allowed FM stations, 

except for grandfathered superpowered 

stations, to seek additional 

authorization to increase total digital 

power above ¥14 dBc, up to ¥10 dBc, 

through an informal request including a 

showing that such power increase 

would comply with the formula set 

forth in the 2010 MB DAB Order, and 

therefore would not cause harmful 

interference to adjacent analog FM 

stations. As noted, in this First R&O the 

Commission did not revise the formula 

that determines the maximum 

permissible digital power a station may 

use. However, for purposes of 

administrative efficiency, the 

Commission modified the current 

informal process used to request an 

increase in total digital power above 

¥14 dBc. After the effective date of the 

rules adopted in the First R&O, digital 

FM stations must use Schedule 335–FM 

to request an increase in total digital 

ERP above ¥14 dBc, using table 1 to 

§ 73.404(f) adopted in the First R&O, 

and will also report certain digital 

power decreases on Schedule 335–FM. 

Table 1 is based on the table set forth 

in the 2010 MB DAB Order, 25 FCC Rcd 

at 1190, para. 20, adapted for use on a 

per-sideband basis. Certifications of 

compliance with table 1 to new 47 CFR 

73.404(f) must be based on the most 

restrictive analog field strength of the 

proponent at any nearby first-adjacentchannel station’s 60 dBm contour. See 

2010 MB DAB Order, 25 FCC Rcd at 

1190, para. 20. Although the table has 

been modified, the information 

submitted by the station is the same as 

it is currently. After the effective date of 

the First R&O, a digital FM station will 

report the following actions (or request 

authority in the case of an increase of 

total digital ERP above ¥14 dBc) by 

submitting Schedule 335–FM: the 

initiation of hybrid digital operation; the 

initiation of asymmetric sideband 

operation at any power level, as well as 

the discontinuance of asymmetric 

sideband operation; an increase of total 

digital ERP above ¥14 dBc; or a 

decrease in total digital ERP from a level 

above ¥14 dBc to a level at or below 

¥14 dBc; in other words, an FM digital 

station not currently operating with 

total digital ERP above ¥14 dBc need 

not report further digital power 

reductions. A station choosing to 

operate with total digital ERP between 

¥14 dBc and ¥10 dBc must still attach 

to its Schedule 335–FM submission an 

exhibit demonstrating that the proposed 

FM digital ERP is permitted for each 

digital sideband, using table 1 to 

73.404(f), adopted in the First R&O. As 

is the case with the current informal 

request process, a digital FM station 

choosing to operate with total digital 

ERP above ¥14 dBc may initiate such 

operation upon approval from the 

Commission. 

13. Changes to ‘‘per-sideband’’ table. 

Although the Asymmetric Petitioners 

support the Asymmetric Sideband 

Petition they co-authored with NPR, 

they identified shortcomings in the 

tables presented in the NPRM to 

determine the maximum allowable ERP 

of each digital sideband. Asymmetric 

Petitioners point out that total sideband 

power is necessarily calculated on a persideband basis, computing lower and 

upper digital sideband power by 

calculating the field strength of the 

digital FM station’s F(50, 10) contour at 

its overlap with the 60 dBm F(50, 50) 

contour of, respectively, the lower and 

upper first-adjacent analog stations. The 

Asymmetric Petitioners contend that the 

tables in paragraphs 9 and 26 of the 

NPRM are mis-labeled and thus are 

incorrect, as are their counterparts in 

Appendix A to the NPRM, the thenproposed new tables to § 73.404, 

paragraphs (e) and (f). In their 

comments, they submitted corrected 

tables as well as corrections to the 

proposed rule change to § 73.404. 

14. The Commission agreed with 

Asymmetric Petitioners to the extent 

that the column headings of the tables 

in the NPRM were mis-labeled, and 

further agreed that the maximum 

permissible FM digital ERP is better 

displayed on a per-sideband basis, as 

the combination of the sideband ERPs 

adds up to the full digital ERP. The 

Asymmetric Petitioners proposed a persideband table, but their proposed table 

was calculated based upon adoption of 

the proposals in the NPRM to update 

the methodology used to determine 

maximum FM digital power. As no 

commenters objected to the use of a persideband table, and as the Commission 

did not adopt at this time the proposals 

to update the methodology for 

determining FM digital power levels, 

the Commission modified and adopted 

Xperi and NAB’s corrected ‘‘Maximum 

permissible FM digital ERP persideband’’ table to comport with the 

current limits on FM digital ERP, as 

follows: 

IBOC Station’s F(50,10) field strength at the upper or lower first-adjacent station’s 

analog 60 dBμ F(50,50) contour 

Maximum permissible FM digital ERP for the respective 

(upper or lower) sideband 

51.2 dBμ and above .................................................................................................. ¥17 dBc. 

50.7 dBμ to 51.1 dBμ ................................................................................................ ¥16 dBc. 

50.3 dBμ to 50.6 dBμ ................................................................................................ ¥15 dBc. 

49.6 dBμ to 50.2 dBμ ................................................................................................ ¥14 dBc. 

49.5 dBμ or less ........................................................................................................ ¥13 dBc. 


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If, in a subsequent Order, the 

Commission modifies the formula used 

to determine the maximum permissible 

digital power level, it will adjust this 

table at that time. 

15. Interference Mitigation and 

Remediation. The Commission found 

that the interference mitigation and 

remediation procedures set forth in the 

2010 MB DAB Order are sufficient to 

remedy any reports of inter-station 

interference as a result of asymmetric 

sideband operation, given that reduction 

of power on one sideband necessarily 

reduces the potential for interference 

and therefore makes such interference 

less likely. The Commission reserved 

further consideration of modified 

interference mitigation and remediation 

procedures in the FM digital power 

increase context, and anticipates 

addressing such concerns in a future 

Report and Order in this proceeding. 

16. Pending Proceedings. The 

Commission adopted the proposal that 

any licensees with asymmetric sideband 

operation under experimental 

authorizations that are compliant with 

the rules adopted in this First R&O may 

file Schedule 335–FM notification at 

any time after the effective date of the 

rules adopted in this First R&O and 

before the existing experimental 

authority expires. NPRM, 38 FCC Rcd at 

7171, para. 30. No commenter opposed 

this proposal. Therefore, after the rules 

adopted in this First R&O take effect and 

the changes to Schedule 335–FM are 

approved by the Office of Management 

and Budget and there is an 

announcement of such approval 

published in the Federal Register, any 

station currently employing asymmetric 

sideband operation under experimental 

authorization that is compliant with the 

rules adopted in this First R&O may 

transition to non-experimental 

asymmetric sideband operation by 

notifying the Commission through 

Schedule 335–FM at any time prior to 

expiration of the experimental 

authorization. Although the 

Commission does not require that 

stations currently operating with power 

greater than ¥14 dBc under existing 

special temporary authorization file 

Schedule 335–FM, it encourages such 

stations to update their records in LMS 

using Schedule 335–FM in order that 

their sideband power levels are properly 

reflected in LMS. Any station seeking a 

power increase above ¥14 dBc in the 

future must request authority to do so 

using Schedule 335–FM. 

Procedural Matters 

Final Regulatory Flexibility Analysis 

17. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA) an Initial Regulatory Flexibility 

Analysis (IRFA) was incorporated in the 

Modifying Rules for FM Terrestrial 

Digital Audio Broadcasting Systems, 

(NPRM), released on August 1, 2023. 

Modifying Rules for FM Terrestrial 

Digital Audio Broadcasting Systems, 

Notice of Proposed Rulemaking, 38 FCC 

Rcd 7158 (2023). The Federal 

Communications Commission 

(Commission) sought written public 

comment on the proposals in the NPRM, 

including comment on the IRFA. No 

comments were filed addressing the 

IRFA. This Final Regulatory Flexibility 

Analysis (FRFA) conforms to the RFA. 

5 U.S.C. 604. 

A. Need For, and Objectives of, the 

Report and Order 

18. In the First Report and Order, the 

Commission found that it is in the 

public interest to allow FM broadcast 

stations transmitting a hybrid analogdigital signal to operate with different 

digital effective radiated power (ERP) on 

the upper and lower digital sidebands, 

upon notification to the Commission on 

FCC Form 2100, Schedule 335–FM. This 

replaces the current procedure whereby 

a digital FM station must apply for an 

experimental authorization to operate 

with different digital ERP on the upper 

and lower digital sidebands (asymmetric 

sideband operation); this experimental 

authority must be renewed annually. 

19. The FM digital radio system 

inserts redundant digital sidebands 

above and below a station’s existing 

analog signal. The Commission’s 

existing rules assume that digital power 

is the same on both digital sidebands, 

i.e., symmetric sideband operation. The 

advantage to asymmetric sideband 

operation is that it allows a digital FM 

station to operate with lower power on 

the digital sideband closer to a firstadjacent-channel analog FM station, 

thus reducing the potential for 

interference to that station, while 

enabling the digital FM station to 

increase power to the digital sideband 

where there is no or only a very distant 

analog FM station to protect from 

interference. For example, a Class A 

digital FM station on Channel 251 might 

have a Class A analog FM station on 

Channel 250 within 75 kilometers of the 

digital station, while being several 

hundred kilometers from the nearest 

analog FM station on Channel 252. In 

such a situation, the digital FM station 

would reduce digital ERP on the lower 

digital sideband, protecting the analog 

station on Channel 250, while 

increasing power and, therefore, signal 

coverage on the upper digital sideband 

where there is no adjacent channel 

station to protect. The total digital ERP 

transmitted over the two digital 

sidebands would be the same as it 

would be if both sidebands were 

transmitting at the same digital ERP 

(symmetric sideband operation), thus 

there would be no increase in the total 

digital energy emitted by the digital FM 

station. 

20. The Commission in the First 

Report and Order adopted its proposal 

to allow digital FM stations wishing to 

use asymmetric sideband operation to 

do so by notifying the Commission 

using FCC Form 2100, Schedule 335– 

FM, and modified that schedule by 

including fields to report the digital ERP 

being transmitted on each digital 

sideband, as well as the total digital 

ERP. It made an exception, however, for 

digital FM stations operating on 

Channels 296–300 (107.1–107.9 MHz), 

at the top of the FM broadcast band, 

which must continue to seek 

experimental authorization for 

asymmetric sideband operation. This 

was deemed necessary to protect users 

in the lower frequencies of the 

Aeronautical Radio Navigation 

Spectrum (ARNS) from possible 

interference resulting from higher power 

on an upper digital sideband. The 

Commission further concludes that a 

station permanently discontinuing 

asymmetric operation need not disclose 

its reasons for doing so. It also 

implemented the proposal that any FM 

licensees operating facilities under 

experimental or special temporary 

authorizations that are compliant with 

the rules adopted in this proceeding 

may transition to asymmetric sideband 

operation by filing Schedule 335–FM 

notifications after the effective date of 

the rules adopted in the First Report and 

Order. Commenters generally supported 

the Commission’s proposal to allow 

asymmetric sideband operation upon 

simple notice to the Commission, 

though some raised concerns regarding 

notifications, interference remediation, 

and the transition to asymmetric 

sideband operation. The Commission 

observed that adopting rules simplifying 

the process of initiating asymmetric 

sideband operation is likely to reduce 

inter-station interference rather than 

exacerbate it, and thus concluded that 

existing interference mitigation and 

remediation procedures are sufficient at 

the present time, but also concluded 

that Form 2100, Schedule 335–FM 

should be amended to provide fields for 

the notifying station to indicate the 


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digital ERP transmitted on each digital 

sideband, as well as the total digital 

ERP. 

21. This minor administrative change 

will help streamline processing of these 

requests and will further the 

Commission’s efforts to transition all 

broadcast filings to the Bureau’s 

Licensing and Management System 

(LMS). 

B. Summary of Significant Issues Raised 

by Public Comments in Response to the 

IRFA 

22. There were no comments filed 

that specifically addressed the proposed 

rules and policies presented in the 

IRFA. 

C. Response to Comments by the Chief 

Counsel for Advocacy of the Small 

Business Administration 

23. Pursuant to the Small Business 

Jobs Act of 2010, which amended the 

RFA, the Commission is required to 

respond to any comments filed by the 

Chief Counsel for Advocacy of the Small 

Business Administration (SBA), and to 

provide a detailed statement of any 

change made to the proposed rules as a 

result of those comments. 5 U.S.C. 

604(a)(3). The Chief Counsel did not file 

any comments in response to the 

proposed rules in this proceeding. 

D. Description and Estimate of the 

Number of Small Entities to Which the 

Rules Apply 

24. The RFA directs the 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. 5 U.S.C. 

604(a)(4). The RFA generally defines the 

term ‘‘small entity’’ as having the same 

meaning as the terms ‘‘small business,’’ 

‘‘small organization,’’ and ‘‘small 

government jurisdiction.’’ 5 U.S.C. 

601(6). In addition, the term ‘‘small 

business’’ has the same meaning as the 

term ‘‘small business concern’’ under 

the Small Business Act. 5 U.S.C. 601(3). 

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. 15 U.S.C. 632. 

25. Radio Stations. This industry is 

comprised of ‘‘establishments primarily 

engaged in broadcasting aural programs 

by radio to the public.’’ U.S. Census 

Bureau, 2017 NAICS Definition, 

‘‘515112 Radio Stations.’’ Programming 

may originate in their own studio, from 

an affiliated network, or from external 

sources. The SBA small business size 

standard for this industry classifies 

firms having $47 million or less in 

annual receipts as small. U.S. Census 

Bureau data for 2017 show that 2,963 

firms operated in this industry during 

that year. Of this number, 1,879 firms 

operated with revenue of less than $25 

million per year. Based on this data and 

the SBA’s small business size standard, 

we estimate a majority of such entities 

are small entities. 

26. The Commission estimates that as 

of June 30, 2024, there were 4,413 

licensed commercial AM radio stations 

and 6,620 licensed commercial FM 

radio stations, for a combined total of 

11,033 commercial radio stations. 

Broadcast Station Totals as of June 30, 

2024, Public Notice, DA 24–644 (rel. 

July 3, 2024) (July 2024 Broadcast 

Station Totals PN), https://docs.fcc.gov/ 

public/attachments/DA-24-644A1.pdf. 

Of this total, 11,032 stations (or 99.99%) 

had revenues of $47 million or less in 

2023, according to Commission staff 

review of the BIA Kelsey Inc. Media 

Access Pro Database (BIA) on July 3, 

2024, and therefore these licensees 

qualify as small entities under the SBA 

definition. In addition, the Commission 

estimates that as of June 30, 2024, there 

were 4,356 licensed noncommercial 

(NCE) FM radio stations, 1,965 low 

power FM (LPFM) stations, and 8,906 

FM translators and boosters. The 

Commission however does not compile, 

and otherwise does not have access to 

financial information for these radio 

stations that would permit it to 

determine how many of these stations 

qualify as small entities under the SBA 

small business size standard. 

Nevertheless, given the SBA’s large 

annual receipts threshold for this 

industry and the nature of radio station 

licensees, the Commission presumes 

that all of these entities qualify as small 

entities under the above SBA small 

business size standard. 

27. We note, however, that in 

assessing whether a business concern 

qualifies as ‘‘small’’ under the above 

definition, business (control) affiliations 

must be included. The Commission’s 

estimate, therefore, likely overstates the 

number of small entities that might be 

affected by its action, because the 

revenue figure on which it is based does 

not include or aggregate revenues from 

affiliated companies. In addition, 

another element of the definition of 

‘‘small business’’ requires that an entity 

not be dominant in its field of operation. 

The Commission is unable at this time 

to define or quantify the criteria that 

would establish whether a specific radio 

or television broadcast station is 

dominant in its field of operation. 

Accordingly, the estimate of small 

businesses to which the rules may apply 

does not exclude any radio or television 

station from the definition of a small 

business on this basis and is therefore 

possibly over-inclusive. An additional 

element of the definition of ‘‘small 

business’’ is that the entity must be 

independently owned and operated. 

Because it is difficult to assess these 

criteria in the context of media entities, 

the estimate of small businesses to 

which the rules may apply does not 

exclude any radio or television station 

from the definition of a small business 

on this basis and similarly may be overinclusive. 

E. Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements for Small Entities 

28. The First Report and Order adopts 

procedures that will create new 

reporting, recordkeeping, and 

compliance obligations for small digital 

FM stations that operate with 

asymmetric power on the digital 

sidebands. Specifically, it replaces the 

current requirement that digital FM 

stations request experimental or special 

temporary authorization for asymmetric 

sideband operation with a new, 

simplified notification procedure on 

existing FCC Form 2100, Schedule 335– 

FM. This form will be modified to 

collect the total digital ERP and the 

digital ERP on each of the upper and 

lower digital sidebands used by a digital 

FM station. Form 2100, Schedule 335– 

FM, will now be the means by which a 

small, digital FM station will report (or 

request authority in the case of an 

increase of total digital ERP above ¥14 

dBc) the following actions: the initiation 

of hybrid digital operation; the initiation 

of asymmetric sideband operation at any 

power level, as well as the permanent 

discontinuance of asymmetric sideband 

operation; an increase of total digital 

ERP above ¥14 dBc; or a decrease in 

total digital ERP from a level above ¥14 

dBc to a level below ¥14 dBc. Form 

2100, Schedule 335–FM will also be 

amended to provide a digital FM station 

proposing to increase total digital ERP 

above ¥14 dBc to certify that it 

complies with the power levels set forth 

in table 1 to amended § 73.404(f) 

(regulating In Band On Channel Digital 

Audio Broadcast Operations), which is 

based on the current formula used to 

calculate acceptable power levels, but 

adapted to calculate those levels on a 

per-sideband basis. As is currently 

required, a station choosing to increase 

total digital ERP to a level between ¥14 

dBc and ¥10 dBc must still attach to its 

Schedule 335–FM submission an 

exhibit demonstrating that the proposed 

FM digital ERP is permitted for each 

digital sideband, using newly adopted 

table 1 to 73.404(f). However, the 


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Commission will continue to require 

that small and other entities request 

experimental authorization for a digital 

FM station on Channels 296–300 

seeking to engage in asymmetric 

sideband operation to avoid any 

potential issues regarding interference 

with the ARNS. 

29. Requiring small and other entities 

to use FCC Form 2100, Schedule 335– 

FM for the provision of the digital ERP 

is minimally burdensome, as this form 

will collect the same or similar 

information the notifying FM station 

would use to request asymmetric 

sideband operation and is less 

burdensome than preparing an 

application for experimental 

authorization and renewing such 

authorization annually. Small entities 

will likely use the same processes and 

professional staff to comply with the 

FCC Form 2100, Schedule 335–FM 

requirements. Accordingly, although 

there is not sufficient evidence 

quantifying the compliance cost of the 

adopted rule changes, the Commission 

anticipates the approaches it has taken 

to implement the requirements will 

have minimal cost implications and 

should significantly reduce compliance 

requirements for small entities that may 

have smaller staff and fewer resources. 

F. Steps Taken To Minimize Significant 

Economic Impact on Small Entities and 

Significant Alternatives Considered 

30. The RFA requires an agency to 

provide, ‘‘a description of the steps the 

agency has taken to minimize the 

significant economic impact on small 

entities . . . including a statement of 

the factual, policy, and legal reasons for 

selecting the alternative adopted in the 

final rule and why each one of the other 

significant alternatives to the rule 

considered by the agency which affect 

the impact on small entities was 

rejected.’’ 5 U.S.C. 604(a)(6). 

31. In the First Report and Order, the 

Commission considered a number of 

alternatives that will minimize the 

impact of the revised rules. Specifically, 

the Commission adopted measures to 

simplify the implementation of 

asymmetric sideband operation for 

digital FM stations, by notification 

through Form 2100, Schedule 335–FM 

rather than application for experimental 

authorization and annual renewal. The 

Commission sought to weigh the impact 

of these measures on small and other 

entities against the public interest 

benefits gained from them and has 

determined that the benefits outweigh 

the costs. As some commenters have 

observed, the burden of filing an 

experimental application and annual 

renewals has likely discouraged many 

digital FM stations from implementing 

asymmetric sideband operation, and has 

therefore impeded the implementation 

of such operation and its corresponding 

benefits, including expanded signal 

coverage and interference protection. 

The Commission concludes that these 

benefits outweigh the burdens imposed 

by the current procedures, and justify 

the simplified process adopted in the 

First Report and Order. 

32. The Commission also observes 

that adopting rules simplifying the 

process of initiating asymmetric 

sideband operation is likely to reduce 

inter-station interference rather than 

exacerbate it, and thus concludes that 

existing interference notification and 

remediation procedures are sufficient at 

the present time, but also concludes that 

Form 2100, Schedule 335–FM should be 

amended to provide space for the 

notifying station to indicate the digital 

ERP transmitted on each digital 

sideband, as well as the total digital 

ERP. While the provision of these items 

of information are a minimal additional 

burden, they consist of information that 

is readily available to the broadcaster 

and will assist other FM stations in 

evaluating interference complaints. 

33. The use of Form 2100, Schedule 

335–FM will simplify required station 

submissions, and harmonizes such 

submissions with the recent transition 

of the Media Bureau’s application filing 

system to LMS. The Commission also 

considered whether a station 

permanently discontinuing asymmetric 

sideband operation should be required 

to include a short statement disclosing 

its reasons for doing so when notifying 

the Commission, and determined such 

information was not necessary based on 

commenter input. This decision will 

eliminate an added burden to certain 

stations, as well as allow them to 

preserve the confidentiality of their 

business decision making. The 

Commission further concludes that 

digital FM stations currently using 

asymmetric sideband operation under 

experimental or special temporary 

authorizations shall be able to continue 

operation upon notification using Form 

2100, Schedule 335–FM, provided such 

notification is submitted before the 

experimental authorization or STA 

expires. This option has been 

determined to be the least burdensome 

alternative, as compared to other 

options such as filing a one-time 

application with annual renewal. 

Finally, to avoid any potential issues 

regarding interference with the ARNS, 

the Commission will continue to require 

experimental authorization for a digital 

FM station on Channels 296–300 

seeking to engage in asymmetric 

sideband operation. This will impact 

relatively few digital FM stations, and 

has been deemed necessary to protect 

ARNS users pending the results of 

testing by aviation industry stakeholders 

and the broadcast industry proponents 

of the new procedures. 

G. Report to Congress 

34. The Commission will send a copy 

of the First Report and Order, including 

this FRFA, in a report to Congress 

pursuant to the Congressional Review 

Act, 5 U.S.C. 801(a)(1)(A). In addition, 

the Commission will send a copy of the 

First Report and Order, including this 

FRFA, to the Chief Counsel for 

Advocacy of the SBA. A copy of the 

First Report and Order and FRFA (or 

summaries thereof) will also be 

published in the Federal Register. 

35. Paperwork Reduction Act 

Analysis. This First Report and Order 

may contain new or modified 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995 (PRA). Public Law 104–13, 109 

Stat 163 (1995) (codified at 44 U.S.C. 

3501–3520). All such new or modified 

information collections will be 

submitted to the Office of Management 

and Budget (OMB) for review under 

section 3507(d) of the PRA. 44 U.S.C. 

3507(d). OMB, the general public, and 

other Federal agencies are invited to 

comment on any new or modified 

information collection requirements 

contained in this proceeding. In 

addition, we note that pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, 116 Stat 729 

(2002) (codified at 44 U.S.C. 3506(c)(4)), 

the Commission previously sought 

specific comment on how it might 

further reduce the information 

collection burden for small business 

concerns with fewer than 25 employees. 

We have assessed the effects of the 

required collection of information on 

these small entities. 

36. Congressional Review Act. The 

Commission has determined, and the 

Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

concurs, that this rule is non-major 

under the Congressional Review Act, 5 

U.S.C. 804(2). The Commission will 

send a copy of this First Report and 

Order to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, 5 U.S.C. 

801(a)(1)(A). 

Ordering Clauses 

37. Accordingly, it is ordered that, 

pursuant to the authority contained in 

sections 1, 4(i), 4(j), 301, 302a, 303, 307, 

308, 309, 316, 319, and 324 of the 


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Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i), 154(j), 

301, 302a, 303, 307, 308, 309, 316, 319, 

and 324 the foregoing First Report and 

Order is adopted, and the Commission’s 

rules are hereby amended as set forth 

herein. 

38. It is further ordered that the First 

Report and Order and the amendments 

to the Commission’s rules shall be 

effective 30 days after publication of a 

summary in the Federal Register, except 

that the amendments to §§ 73.404 and 

73.406, which may contain new or 

modified information collection 

requirements, will not become effective 

until OMB completes review of any 

information collection requirements that 

the Media Bureau determines is 

required under the Paperwork 

Reduction Act. The Commission directs 

the Media Bureau to announce the 

effective date of the rule changes to 

§§ 73.404 and 73.406 by subsequent 

Public Notice. 

39. It is further ordered that the Office 

of the Managing Director, Performance 

and Program Management, shall send a 

copy of the First Report and Order in a 

report to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, 5 U.S.C. 

801(a)(1)(A). 

40. It is further ordered that the 

Commission’s Office of the Secretary 

shall send a copy of this First 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 73 

Communications equipment, Radio, 

Reporting and recordkeeping 

requirements. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

Final Rules 

For the reasons discussed in this 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 to 

read 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, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. In § 73.310, revise paragraphs (a) 

and (b) to read as follows: 

§ 73.310 FM technical definitions. 

(a) Frequency modulation. The 

following definitions pertain to 

frequency modulation, as defined in 

§ 73.310(a)(17). 

(1) Antenna height above average 

terrain (HAAT). HAAT is calculated by: 

determining the average of the antenna 

heights above the terrain from 3 to 16 

kilometers (2 to 10 miles) from the 

antenna for the eight directions evenly 

spaced for each 45° of azimuth starting 

with True North (a different antenna 

height will be determined in each 

direction from the antenna): and 

computing the average of these separate 

heights. In some cases less than eight 

directions may be used. (See 

§ 73.313(d).) Where circular or elliptical 

polarization is used, the antenna height 

above average terrain must be based 

upon the height of the radiation of the 

antenna that transmits the horizontal 

component of radiation. 

(2) Antenna power gain. The square of 

the ratio of the root-mean-square (RMS) 

free space field strength produced at 1 

kilometer in the horizontal plane in 

millivolts per meter for 1 kW antenna 

input power to 221.4 mV/m. This ratio 

is expressed in decibels (dB). If 

specified for a particular direction, 

antenna power gain is based on that 

field strength in the direction only. 

(3) Auxiliary facility. An auxiliary 

facility is an antenna separate from the 

main facility’s antenna, permanently 

installed on the same tower or at a 

different location, from which a station 

may broadcast for short periods without 

prior Commission authorization or 

notice to the Commission while the 

main facility is not in operation (e.g., 

where tower work necessitates turning 

off the main antenna or where lightning 

has caused damage to the main antenna 

or transmission system) (See § 73.1675). 

(4) Center frequency. The term ‘‘center 

frequency’’ means: 

(i) The average frequency of the 

emitted wave when modulated by a 

sinusoidal signal. 

(ii) The frequency of the emitted wave 

without modulation. 

(5) Composite antenna pattern. The 

composite antenna pattern is a relative 

field horizontal plane pattern for 360 

degrees of azimuth, for which the value 

at a particular azimuth is the greater of 

the horizontally polarized or vertically 

polarized component relative field 

values. The composite antenna pattern 

is normalized to a maximum of unity 

(1.000) relative field. 

(6) Composite baseband signal. A 

signal which is composed of all program 

and other communications signals that 

frequency modulates the FM carrier. 

(7) Effective radiated power. The term 

‘‘effective radiated power’’ means the 

product of the antenna power 

(transmitter output power less 

transmission line loss) times: 

(i) The antenna power gain, or 

(ii) the antenna field gain squared. 

Where circular or elliptical polarization 

is employed, the term effective radiated 

power is applied separately to the 

horizontal and vertical components of 

radiation. For allocation purposes, the 

effective radiated power authorized is 

the horizontally polarized component of 

radiation only. 

(8) Equivalent isotropically radiated 

power (EIRP). The term ‘‘equivalent 

isotropically radiated power (also 

known as ‘‘effective radiated power 

above isotropic) means the product of 

the antenna input power and the 

antenna gain in a given direction 

relative to an isotropic antenna. 

(9) FM Blanketing. Blanketing is that 

form of interference to the reception of 

other broadcast stations which is caused 

by the presence of an FM broadcast 

signal of 115 dBm (562 mV/m) or greater 

signal strength in the area adjacent to 

the antenna of the transmitting station. 

The 115 dBm contour is referred to as 

the blanketing contour and the area 

within this contour is referred to as the 

blanketing area. 

(10) FM broadcast band. The band of 

frequencies extending from 88 to 108 

MHz, which includes those assigned to 

noncommercial educational 

broadcasting. 

(11) FM broadcast channel. A band of 

frequencies 200 kHz wide and 

designated by its center frequency. 

Channels for FM broadcast stations 

begin at 88.1 MHz and continue in 

successive steps of 200 kHz to and 

including 107.9 MHz. 

(12) FM broadcast station. A station 

employing frequency modulation in the 

FM broadcast band and licensed 

primarily for the transmission of 

radiotelephone emissions intended to be 

received by the general public. 

(13) Field strength. The electric field 

strength in the horizontal plane. 

(14) Free space field strength. The 

field strength that would exist at a point 

in the absence of waves reflected from 

the earth or other reflecting objects. 

(15) Frequency departure. The 

amount of variation of a carrier 

frequency or center frequency from its 

assigned value. 

(16) Frequency deviation. The peak 

difference between modulated wave and 

the carrier frequency. 

(17) Frequency modulation. A system 

of modulation where the instantaneous 

radio frequency varies in proportion to 

the instantaneous amplitude of the 

modulating signal (amplitude of 

modulating signal to be measured after 

pre-emphasis, if used) and the 


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instantaneous radio frequency is 

independent of the frequency of the 

modulating signal. 

(18) Frequency swing. The peak 

difference between the maximum and 

the minimum values of the 

instantaneous frequency of the carrier 

wave during modulation. 

(19) Multiplex transmission. The term 

‘‘multiplex transmission’’ means the 

simultaneous transmission of two or 

more signals within a single channel. 

Multiplex transmission as applied to 

FM broadcast stations means the 

transmission of facsimile or other 

signals in addition to the regular 

broadcast signals. 

(20) Percentage modulation. The ratio 

of the actual frequency deviation to the 

frequency deviation defined as 100% 

modulation, expressed in percentage. 

For FM broadcast stations, a frequency 

deviation of ±75kHz is defined as 100% 

modulation. 

(b) Stereophonic sound broadcasting. 

The following definitions pertain to 

stereophonic sound broadcasting, as 

defined in § 73.310(b)(8). 

(1) Cross-talk. An undesired signal 

occurring in one channel caused by an 

electrical signal in another channel. 

(2) FM stereophonic broadcast. The 

transmission of a stereophonic program 

by a single FM broadcast station 

utilizing the main channel and a 

stereophonic subchannel. 

(3) Left (or right) signal. The electrical 

output of a microphone or combination 

of microphones placed so as to convey 

the intensity, time, and location of 

sounds originating predominately to the 

listener’s left (or right) of the center of 

the performing area. 

(4) Left (or right) stereophonic 

channel. The left (or right) signal as 

electrically reproduced in reception of 

FM stereophonic broadcasts. 

(5) Main channel. The band of 

frequencies from 50 to 15,000 Hz which 

frequency-modulate the main carrier. 

(6) Pilot subcarrier. A subcarrier that 

serves as a control signal for use in the 

reception of FM stereophonic sound 

broadcasts. 

(7) Stereophonic separation. The ratio 

of the electrical signal caused in sound 

channel A to the signal caused in sound 

channel B by the transmission of only 

a channel B signal. Channels A and B 

may be any two channels of a 

stereophonic sound broadcast 

transmission system. 

(8) Stereophonic sound. The audio 

information carried by plurality of 

channels arranged to afford the listener 

a sense of the spatial distribution of 

sound sources. Stereophonic sound 

broadcasting includes, but is not limited 

to, biphonic (two channel), triphonic 

(three channel) and quadrophonic (four 

channel) program services. 

(9) Stereophonic sound subcarrier. A 

subcarrier within the FM broadcast 

baseband used for transmitting signals 

for stereophonic sound reception of the 

main broadcast program service. 

(10) Stereophonic sound subchannel. 

The band of frequencies from 23 kHz to 

99 kHz containing sound subcarriers 

and their associated sidebands. 

■ 3. In § 73.402, add paragraph (i) to 

read as follows: 

§ 73.402 Definitions. 

* * * * * 

(i) Asymmetric sideband operation. 

For digital FM stations, the use of 

different power levels on the upper and 

lower digital sidebands in a hybrid or 

extended hybrid DAB system. 

■ 4. Delayed indefinitely, in § 73.404, 

add paragraphs (e) and (f) to read as 

follows: 

§ 73.404 IBOC DAB operation. 

* * * * * 

(e) Except stations operating on 

Channels 296–300 (107.1–107.9 MHz), 

FM stations may transmit hybrid IBOC 

signals with asymmetric power on the 

digital sidebands, as defined in 

§ 73.402(i). Stations operating on 

Channels 296–300 (107.1–107.9 MHz) 

may seek an experimental authorization 

to transmit hybrid IBOC signals with 

asymmetric power on the digital 

sidebands. 

(f) All FM stations transmitting hybrid 

IBOC signals may operate with total 

digital effective radiated power of up to 

¥14 dBc. No station may operate its 

digital carriers with a total effective 

radiated power in excess of ¥10 dBc. A 

station planning to operate with a total 

digital effective radiated power in 

excess of ¥14 dBc must certify 

compliance with table 1 to this 

paragraph (f) by calculating the F(50,10) 

signal strength of its analog signal at the 

first adjacent station’s F(50,50) 60 dBm 

contour. Compliance with this table 

must be established for the upper and 

lower IBOC digital sidebands separately. 

All calculations must be made using the 

standard FCC contour prediction 

methodology. 

TABLE 1 TO PARAGRAPH (f)—MAXIMUM PERMISSIBLE FM DIGITAL ERP PER SIDEBAND

IBOC station’s F(50,10) field strength at the upper or lower first-adjacent station’s 

analog 60 dBμ F(50,50) contour 

Maximum permissible FM digital ERP for the respective 

(upper or lower) sideband 

51.2 dBμ and above .................................................................................................. ¥17 dBc. 

50.7 dBμ to 51.1 dBμ ................................................................................................ ¥16 dBc. 

50.3 dBμ to 50.6 dBμ ................................................................................................ ¥15 dBc. 

49.6 dBμ to 50.2 dBμ ................................................................................................ ¥14 dBc. 

49.5 dBμ or less ........................................................................................................ ¥13 dBc. 

■ 5. Delayed indefinitely, in § 73.406, 

add paragraphs (d)(5) and (6) to read as 

follows: 

§ 73.406 Notification. 

* * * * * 

(d) * * * 

(5) Any digital FM station taking any 

of the following actions must notify the 

Commission of such action on Form 

2100, Schedule 335–FM: 

(i) Upon initiation of hybrid digital 

operation; 

(ii) Upon initiation of asymmetric 

sideband operation at any power level. 

For FM stations employing asymmetric 

sideband operation as defined in 

§ 73.402(i), the notification must 

include a certification that the proposed 

digital sideband power on each 

sideband conforms to the Maximum 

Permissible FM Digital ERP set forth in 

table 1 to § 73.404(f), and that the total 

digital sideband power will not exceed 

the total power if the digital sideband 

operation were symmetric. The 

notifying station may commence 

asymmetric sideband operation upon 

filing Form 2100, Schedule 335–FM, 

and may continue such operation unless 

notified by the Commission that such 

operation is not rule-compliant; 

(iii) Discontinuing asymmetric 

sideband operation and reverting to 

symmetric sideband operation. The 

digital FM station must file Form 2100, 

Schedule 335–FM within 30 days of 

discontinuing asymmetric sideband 

operation; or 

(iv) Decreasing total digital Effective 

Radiated Power from a level above ¥14 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 203 / Monday, October 21, 2024 / Rules and Regulations 84105 

dBc to a level at or below ¥14 dBc. The 

digital FM station must file Form 2100, 

Schedule 335–FM within 30 days of 

decreasing power. 

(6) Any digital FM station seeking 

authority to increase total digital 

Effective Radiated Power above ¥14 

dBc must submit Form 2100, Schedule 

335–FM. The submission must include 

a certification that the proposed FM 

digital Effective Radiated Power is 

permitted, using the table set forth in 

table 1 to § 73.404(f). Certifications must 

be based on the most restrictive analog 

field strength of the proponent at any 

nearby first-adjacent channel station’s 

60 dBm contour. The station choosing to 

operate with total digital ERP above 

¥14 dBc may initiate such operation 

upon approval from the Commission. 

[FR Doc. 2024–24105 Filed 10–18–24; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket Nos. 090206140–91081–03 and 

120405260–4258–02; RTID 0648–XE399] 

Revised Reporting Requirements Due 

to Catastrophic Conditions for Federal 

Seafood Dealers, Individual Fishing 

Quota Dealers, and Charter Vessels 

and Headboats in Portions of Florida 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; determination 

of catastrophic conditions. 

SUMMARY: In accordance with the 

regulations implementing the individual 

fishing quota (IFQ) program, Federal 

dealer reporting, and Federal charter 

vessel and headboat (for-hire vessel) 

reporting specific to the reef fish fishery 

in the Gulf of Mexico (Gulf), coastal 

migratory pelagic (CMP) fisheries in the 

Gulf and Atlantic, snapper-grouper 

fishery in the South Atlantic, and 

dolphin and wahoo fishery in the 

Atlantic, the Regional Administrator 

(RA), NMFS Southeast Region, has 

determined that Hurricane Milton has 

caused catastrophic conditions in the 

Gulf and the Atlantic for certain Florida 

counties. This temporary rule 

authorizes, in the affected area 

described in this temporary rule, any 

Federal dealer or for-hire electronic 

reporting program participant who does 

not have access to electronic reporting 

to delay reporting, and any IFQ dealer 

to use paper-based forms, if necessary, 

for basic required administrative 

functions, e.g., landing transactions. 

This temporary rule is intended to 

facilitate continuation of IFQ and 

electronic reporting operations during 

the period of catastrophic conditions. 

DATES: The RA is authorizing Federal 

dealers, for-hire electronic reporting 

program participants, and IFQ dealers in 

the affected area to use revised reporting 

methods from October 16, 2024, through 

November 15, 2024. 

FOR FURTHER INFORMATION CONTACT: IFQ 

Customer Service, Britni Lavine, 

telephone: 866–425–7627, email: 

nmfs.ser.catchshare@noaa.gov. Federal 

dealer reporting, Fisheries Monitoring 

Branch, telephone: 305–361–4581. 

NMFS Southeast For-Hire Integrated 

Electronic Reporting Program: 1–833– 

707–1632. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf is managed 

under the Fishery Management Plan 

(FMP) for the Reef Fish Resources of the 

Gulf of Mexico (Reef Fish FMP), 

prepared by the Gulf of Mexico Fishery 

Management Council (Gulf Council). 

The CMP fishery is managed under the 

FMP for CMP Resources in the Gulf of 

Mexico and Atlantic Region (CMP 

FMP), prepared by the Gulf Council and 

South Atlantic Fishery Management 

Council (South Atlantic Council). The 

snapper-grouper fishery in the South 

Atlantic is managed under the FMP for 

the Snapper-Grouper Fishery of the 

South Atlantic Region, prepared by the 

South Atlantic Council. The dolphin 

and wahoo fishery in the Atlantic is 

managed under the FMP for the Dolphin 

and Wahoo Fishery of the Atlantic, 

prepared by the South Atlantic Council. 

The Secretary implemented these FMPs 

through regulations at 50 CFR part 622 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). 

The Generic Dealer Amendment 

established Federal dealer reporting 

requirements for federally permitted 

dealers in the Gulf and South Atlantic 

(79 FR 19490, April 9, 2014). The 

Headboat Reporting Framework Action 

established the Southeast Region 

Headboat Survey (SRHS) electronic 

reporting program (79 FR 6097, 

February 3, 2014). The final rule 

implementing the South Atlantic ForHire Reporting Amendment included 

reporting requirements for South 

Atlantic snapper-grouper, Atlantic 

dolphin and wahoo, and CMP owners 

and operators of South Atlantic and 

applicable Atlantic for-hire vessels (85 

FR 10331, February 24, 2020). 

Amendment 26 to the Reef Fish FMP 

established an IFQ program for the 

commercial red snapper component of 

the Gulf reef fish fishery (71 FR 67447, 

November 22, 2006). Amendment 29 to 

the Reef Fish FMP established an IFQ 

program for the commercial grouper and 

tilefish components of the Gulf reef fish 

fishery (74 FR 44732, August 31, 2009). 

Regulations implementing these Gulf 

and South Atlantic dealer reporting 

requirements, IFQ programs, and forhire reporting requirements require that 

Federal dealers, IFQ dealers, and forhire reporting program participants have 

access to a computer and internet. 

However, these regulations also specify 

that during catastrophic conditions, as 

determined by the RA, the RA may 

waive or modify the reporting time 

requirements for Federal dealers and 

authorize IFQ dealers to use paperbased forms to complete administrative 

functions for the duration of the 

catastrophic conditions. The RA must 

determine that catastrophic conditions 

exist, specify the duration of the 

catastrophic conditions, and specify 

which participants or geographic areas 

are deemed affected. 

Hurricane Milton made landfall in the 

U.S. in Sarasota County, Florida, in the 

Gulf as a Category 3 hurricane on 

October 9, 2024. Strong winds and 

flooding from this hurricane impacted 

communities along coastal Florida in 

both the Gulf and South Atlantic. This 

resulted in power outages and damage 

to homes, businesses, and 

infrastructure. As a result, the RA has 

determined that catastrophic conditions 

exist in the Gulf for the Florida counties 

of Citrus, Hernando, Pasco, Pinellas, 

Hillsborough, Manatee, Sarasota, and 

Charlotte. For the South Atlantic, the 

RA has determined that catastrophic 

conditions also exist for the Florida 

counties of Brevard, Indian River, and 

Saint Lucie. 

Through this temporary rule, the RA 

is authorizing Federal dealers, SRHS 

program participants, and South 

Atlantic Federal for-hire operators to 

delay electronic reporting to NMFS and 

IFQ dealers in the affected area to use 

paper-based forms, from October 16, 

2024, through November 15, 2024. 

NMFS will provide additional 

notification to affected dealers via 

NOAA Weather Radio, Fishery 

Bulletins, and other appropriate means. 

NMFS will continue to monitor and reevaluate the areas and duration of the 

catastrophic conditions, as necessary. 

Dealers may delay electronic 

reporting of trip tickets to NMFS during 

catastrophic conditions. Dealers are to 

report all landings to NMFS as soon as 

possible. Assistance for Federal dealers 


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