100868 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Rules and Regulations 

conducted output power or the total 

radiated power (TRP) of emissions from 

stations in the mobile service in any 200 

MHz of the band 23.6–24 GHz shall not 

exceed ¥33 dBW/200 MHz for base 

stations and ¥29 dBW/200 MHz for 

mobile stations, and for stations brought 

into use after September 1, 2027, the 

maximum conducted output power or 

TRP shall not exceed ¥39 dBW/200 

MHz for base stations and ¥35 dBW/ 

200 MHz for mobile stations. If 

equipment brought into use on or prior 

to September 1, 2027 is replaced, or 

modified in a manner that changes the 

emissions characteristics of the 

equipment, the equipment must then 

comply with the ¥39 dBW/200 MHz 

limit for base stations and ¥35 dBW/ 

200 MHz limit for mobile stations. 

* * * * * 

PART 30—UPPER MICROWAVE 

FLEXIBLE USE SERVICE 

■ 3. The authority citation for part 30 

continues to read as follows: 

Authority: 47 U.S.C. 151, 152, 153, 154, 

301, 303, 304, 307, 309, 310, 316, 332, 1302, 

unless otherwise noted. 

■ 4. Amend § 30.2 by adding in 

alphabetical order the definition of 

‘‘Maximum Conducted Output Power’’ 

to read as follows: 

§ 30.2 Definitions. 

* * * * * 

Maximum Conducted Output Power. 

The total transmit power delivered to all 

antennas and antenna elements 

averaged across all symbols in the 

signaling alphabet when the transmitter 

is operating at its maximum power 

control level. Power must be summed 

across all antennas and antenna 

elements. The average must not include 

any time intervals during which the 

transmitter is off or is transmitting at a 

reduced power level. If multiple modes 

of operation are possible (e.g., 

alternative modulation methods), the 

maximum conducted output power is 

the highest total transmit power 

occurring in any mode. 

* * * * * 

■ 5. Amend § 30.203 by revising the 

section heading and adding paragraph 

(d) to read as follows: 

§ 30.203 Emissions limits. 

* * * * * 

(d)(1) In addition to the limits noted 

in paragraphs (a) through (c) of this 

section, for licensees operating mobile 

equipment in the 24.25–24.45 GHz or 

24.75–25.25 GHz bands, the maximum 

conducted output power or the total 

radiated power of emissions in any 200 

MHz of the 23.6–24.0 GHz band shall 

not exceed ¥33 dBW (for base stations) 

or ¥29 dBW (for mobile stations). 

(2) For mobile equipment brought into 

use after September 1, 2027, the 

maximum conducted output power or 

the total radiated power of emissions in 

any 200 MHz of the 23.6–24.0 GHz band 

shall not exceed ¥39 dBW (for base 

stations) or ¥35 dBW (for mobile 

stations). If equipment brought into use 

on or prior to September 1, 2027 is 

replaced, or modified in a manner that 

changes the emissions characteristics of 

the equipment, the equipment must 

then comply with the emissions limits 

in this paragraph (d). 

[FR Doc. 2024–29313 Filed 12–12–24; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 11, 73, and 74 

[MB Docket No. 20–401; FCC 24–121; FR 

ID 267137] 

Program Originating FM Broadcast 

Booster Stations 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) adopts a Second Report 

and Order and Order on 

Reconsideration (Second R&O) on 

processing, licensing, and service rules 

that will allow voluntary, limited use of 

FM booster stations to originate content 

on a permanent basis. This action builds 

upon an April 2024 Commission action 

which permitted experimental use of 

program originating boosters subject to 

adoption of such rules. The rule changes 

are needed to expand the potential uses 

of FM booster stations, which 

previously could not originate 

programming. The intended effect is to 

allow radio broadcasters to provide 

more relevant localized programming 

and information to different zones 

within their service areas. 

DATES: This final rule is effective 

January 13, 2025 except for the 

amendments in instruction 5 (47 CFR 

73.3526) instruction 6 (47 CFR 73.3527), 

instruction 9 (74.1204), and instruction 

10 (47 CFR 74.1206), which are delayed 

indefinitely. The Commission will 

announce the effective date of the 

amendments to 47 CFR 73.3526, 

73.3527, 74.1204, and 74.1206 in the 

Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Albert Shuldiner, Chief, Media Bureau, 

Audio Division, (202) 418–2721, 

Albert.Shuldiner@fcc.gov; Irene 

Bleiweiss, Attorney, Media Bureau, 

Audio Division, (202) 418–2785, 

Irene.Bleiweiss@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 Second 

Report and Order (Second R&O), MB 

Docket No. 20–401; FCC 24–121, 

adopted on November 21, 2024, and 

released on November 22, 2024. The full 

text of this document will be available 

via the FCC’s website at https://

docs.fcc.gov/public/attachments/FCC24-121A1.pdf. 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). Prior documents that the 

Commission published in this 

proceeding include a Notice of Proposed 

Rulemaking at 86 FR 1909 (January 11, 

2021), a Report and Order at 89 FR 

26786 (April 16, 2024), and a Further 

Notice of Proposed Rulemaking at 89 FR 

26847 (April 16, 2024). 

Paperwork Reduction Act of 1995 

Analysis 

This Second R&O 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. 

Appendix C of the Second R&O assesses 

the effects of the required collection of 

information on these small entities. 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Rules and Regulations 100869 

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 Second R&O to 

Congress and the Government 

Accountability Office (GAO) pursuant to 

5 U.S.C. 801(a)(1)(A). 

Synopsis 

I. Introduction 

1. In the Second R&O, the 

Commission expands the potential uses 

of FM boosters, which are low power, 

secondary stations that operate in the 

FM broadcast band. As a secondary 

service, FM booster stations are not 

permitted to cause adjacent-channel 

interference to other primary services or 

previously authorized secondary 

stations. They must operate on the same 

frequency and within the same service 

contour as the primary station and have 

been limited to rebroadcasting the 

primary station’s signal in its entirety 

(i.e., no transmission of original 

content). Historically, the sole use of FM 

boosters has been to improve signal 

strength of primary FM stations in areas 

where reception is poor due to terrain 

or distance from the transmitter. In 

April 2024, the Commission adopted 

rules sufficient to authorize program 

originating boosters only on an 

experimental basis. The additional rules 

in the Second R&O will allow FM and 

LPFM broadcasters to employ FM 

booster stations to originate 

programming for up to three minutes 

per hour on a permanent basis. 

2. GeoBroadcast Solutions, LLC 

(GBS), the proponent of the rule 

changes, has developed technology 

designed to allow licensees of primary 

FM and LPFM broadcast stations to 

target a portion of their programming to 

particular zones by using FM boosters to 

originate different content for different 

parts of their service areas. GBS filed a 

Petition for Rulemaking (Petition) 

seeking to allow FM boosters to 

originate programming. The Petition 

suggested that program originating 

boosters can deliver significant value to 

broadcasters, advertisers, and listeners 

in distinct communities by broadcasting 

more relevant localized information and 

advancing diversity. Stations might, for 

example, air hyper-local news and 

weather reports most relevant to a 

particular community. Stations also 

might air advertisements or 

underwriting acknowledgements from 

small local businesses, thereby 

enhancing the stations’ ability to 

compete for local support. GBS pointed 

out that many other types of media, 

such as online content providers, cable 

companies, and newspapers are able to 

differentiate their content 

geographically, but that no such option 

has existed for radio broadcasting. On 

April 2, 2020, the Consumer and 

Governmental Affairs Bureau issued a 

public notice seeking comment on the 

Petition. The Petition garnered 

significant public participation. 

3. The Commission released a Notice 

of Proposed Rulemaking (NPRM) on 

December 1, 2020, FCC 20–166, to seek 

comment on the GBS proposal and 

published a Federal Register summary 

on January 11, 2021, 86 FR 1909. The 

NPRM posed questions to determine 

whether—and if so, how—to change FM 

booster station rules to permit FM 

boosters to transmit original geotargeted content. 

4. After the comment period closed, 

the Commission granted GBS’ request 

for experimental authority to conduct 

additional testing of the technology and 

required GBS to report the results. The 

reports contained detailed information 

about the technology’s operation in two 

radio markets, its compatibility with the 

Emergency Alert System (EAS), and 

potential impact on digital FM 

broadcasts. Because this information 

was not available to the public during 

the NPRM comment cycle, the 

Commission issued a public notice on 

April 18, 2022, DA 22–429, opening the 

record for additional comments. 

5. In April 2024, the Commission 

issued a Report and Order (Order) 

identifying significant potential benefits 

of program originating boosters. It 

determined that the ability to originate 

content would enable broadcasters to 

serve specific geographic segments 

within their broadcast areas, could open 

up more affordable advertising to 

smaller and minority-owned businesses, 

and generally provide broadcasters and 

listeners options for more targeted and 

varied advertising and content. The 

Commission, thus, found that it would 

be in the public interest to allow FM 

and low power FM (LPFM) broadcasters 

to use booster-originated content on a 

voluntary, limited basis, subject to 

resolution of various technical and nontechnical matters. 

6. The Commission’s Order identified 

certain safeguards and limitations that 

could potentially resolve certain 

concerns raised in the comments such 

as whether program originating boosters 

would cause harmful interference to 

their primary station or adjacent 

channel stations, be compatible with the 

EAS, and be used in a manner 

consistent with principles of diversity, 

equity, and inclusion. The potential 

safeguards included: limiting program 

origination to three minutes per hour 

(five percent of each hour); requiring 

notification to the Commission before a 

booster begins to originate 

programming; requiring program 

originating boosters to receive and 

broadcast all emergency alerts in the 

same manner as their primary station; 

limiting the number of boosters a station 

can operate; and a self-certification or 

monitoring of the marketplace to ensure 

that booster stations are not used to 

disadvantage particular communities or 

locations. The Order also concluded 

that the Commission could minimize 

interference by placing conditions on 

booster authorizations, relying upon 

proper engineering by broadcasters, and 

responding, on a case-by-case basis, to 

any interference that might arise in 

individual circumstances. 

7. Nevertheless, because the record 

addressed some of these safeguards 

quite broadly, the Commission proposed 

more specific requirements and 

solicited more detailed public input in 

a concurrently released FNPRM. The 

FNPRM also sought comment on 

administrative matters not fully 

discussed in the record, such as 

processing, licensing, and service rules 

that the Commission would need in 

order to authorize program originating 

boosters and respond to any resulting 

operational issues. Thus, although the 

Order provided for immediate grant of 

authorizations to operate program 

originating boosters on an experimental 

basis, it determined that permanent 

authorizations would need to await 

establishment of more detailed 

requirements in response to the FNPRM. 

8. Commenters responding to the 

FNPRM represent a broad cross-section 

of interested parties including advocacy 

groups representing the interests of fullservice FM commercial, 

noncommercial, and LPFM 

broadcasters, consulting engineers, and 

a coalition promoting the voices of 

communities of color and marginalized 

groups in the broadcasting industry. 

Some express support for program 

originating boosters and others, while 

generally opposed to such use of 

boosters, express support for operational 

safeguards proposed in the FNPRM. 

II. Discussion 

9. In the Second R&O the Commission 

adopts application procedures and 

service rules to allow for the use of 

program originating boosters on a 

permanent basis. It establishes a process 

for stations to notify the Commission 

and other stations of the commencement 


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100870 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Rules and Regulations 

of program origination on booster 

stations. The Commission also updates 

its rules to address concerns about 

predicted interference from proposed 

booster stations and adopts a cap of 25 

program originating boosters that each 

primary station may operate. 

Additionally, the Commission updates 

its political broadcasting rules to 

account for political advertising on 

program originating boosters. It adopts a 

public interest certification for 

broadcasters operating program 

originating boosters. The Commission 

also addresses two pending petitions for 

reconsideration of the Order—denying 

the REC Networks petition for 

reconsideration and dismissing the 

Press Communications, LLC petition for 

reconsideration on procedural grounds. 

10. Application Procedures. The 

Commission will, as proposed in the 

FNPRM, continue to process booster 

applications on a first come/first served 

basis using existing application 

procedures. The Commission believes 

that continuing the existing first come/ 

first served application process will best 

enable FM broadcasters to design 

systems that meet their individual 

circumstances, to determine whether 

program origination on boosters meets 

their needs, and to apply for boosters at 

any time. No commenter suggested or 

identified a need for opening 

application filing windows for program 

originating boosters. 

11. The Second R&O addresses how 

broadcasters that are operating program 

originating boosters pursuant to 

experimental authority will transition to 

permanent operation. Such broadcasters 

that are compliant with the rules 

adopted in the Second R&O may 

continue program origination 

uninterrupted by filing a notification at 

any time after the effective date of the 

rules adopted herein and before the 

existing experimental authority expires. 

12. Notifications. The Commission 

adopts requirements that licensees 

notify the Commission and State 

Emergency Communications 

Committees (SECCs) of their intent to 

originate programming over boosters. 

The FM Booster Program Origination 

Notification to the Commission will put 

interested parties on notice of which 

stations are using boosters to originate 

content, and enable the Commission to 

best respond to any complaints that may 

arise. The notification will contain the 

same elements proposed in the FNPRM 

but rather than sending a letter as 

proposed, licensees will file an 

electronic form. The Commission 

believes that use of a form will make it 

easier for applicants to provide each 

required element and will be more 

convenient for the public by presenting 

information in a uniform format. Most 

commenters supported this notification 

requirement. 

13. In order to protect public safety, 

the Second R&O also adopts a 

notification requirement to ensure that 

program originating boosters do not 

negatively impact the public’s receipt of 

alerts through the EAS. The FNPRM 

asked whether action taken in the 

Order, including a requirement that 

boosters receive and broadcast all 

emergency alerts in the same manner as 

their primary station, was sufficient to 

ensure that listeners receive timely 

emergency alerts. The FNPRM sought 

comment on whether FM primary 

stations using program originating 

boosters should notify all EAS 

Participants monitoring that primary 

station to put participating stations on 

notice that they should monitor the 

primary station rather than the 

associated booster. The FNPRM also 

asked whether to require broadcasters 

using program originating boosters to 

report EAS-related problems or 

interference and, if so, the best means 

for broadcasters to provide such 

information. 

14. Of the commenters that address 

EAS, all support some type of additional 

safeguard. For example, National Public 

Radio (NPR) asserts that the requirement 

would ensure that other stations in an 

EAS daisy chain know whether the 

stations from which they receive EAS 

signals are originating programming. 

The National Association of 

Broadcasters (NAB) suggests that the 

Commission require stations to disclose 

whether their boosters will simulcast or 

be turned off during periods when a 

station’s main channel and program 

originating boosters are broadcasting the 

same content, because the chosen 

approach will bear upon the potential 

interference during the broadcast of EAS 

messages. GBS agrees that notifications 

are valuable but argues that existing 

rules are sufficient to provide such 

notifications. 

15. The Commission finds that 

existing rules are not sufficient to notify 

the Commission or EAS participants of 

the use of boosters for program 

origination and, therefore, adopts rules 

to include an EAS-specific notification 

requirement. The Second R&O finds that 

SECCs are best situated to receive EASspecific notifications because SECCs 

administer State EAS Plans, which set 

forth monitoring assignments for all 

EAS Participants in the covered state or 

territory. SECCs can, thus, assess 

whether the primary station providing 

the notification is monitored by other 

EAS Participants. The Second R&O also 

requires that stations employing 

program originating boosters report to 

the Commission’s Operations Center, at 

FCCOPS@fcc.gov, any problems of 

which they become aware concerning 

the EAS and interference. 

16. Synchronization. The Commission 

concluded in the Order that properly 

engineered program originating boosters 

will not cause objectionable co-channel 

interference to the primary station or 

adjacent channel interference to other 

stations. An aspect of proper 

engineering would be synchronization 

of the signals of the primary station with 

those of the program originating 

boosters. The Order included a general 

synchronization requirement but did 

not specify a particular method that a 

broadcaster would be required to use to 

implement such synchronization. The 

FNPRM asked whether the Commission 

should establish uniform 

synchronization standards or if that 

would be an unnecessary burden given 

that broadcasters already have strong 

economic incentives to avoid selfinterference. 

17. Two commenters support 

adoption of a specific Commissiondevised synchronization standard but 

only one, NAB, suggests any details. 

The remaining commenters view 

synchronization as a good practice 

whose specifics should be left up to 

each licensee because the broadcasters’ 

own on-site technical experts are in a 

better position to determine the most 

effective way to synchronize under each 

broadcaster’s individual conditions. The 

Second R&O declines to adopt uniform 

synchronization standards for program 

originating boosters at this time. Rather, 

the Commission will allow each 

broadcaster to determine what 

synchronization practices will work best 

in its own circumstances. 

11. Predicted Interference. The 

FNPRM also sought comment on 

whether to modify 47 CFR 74.1204(f) to 

include applications to construct FM 

booster stations among those subject to 

objections based on predicted 

interference to another station. We 

asserted that such a change could 

ensure that broadcasters do not invest in 

developing booster stations that will 

later cause actual interference that must 

be resolved under § 74.1203 once the 

booster commences broadcasts. 

Commenters addressing this issue 

generally support the proposed rule 

change. The Commission adopts the 

proposed amendment to provide a 

mechanism for complaints of predicted 

interference against FM booster 

applications while their construction 

permit applications remain pending. 

This is a change from the current 


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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Rules and Regulations 100871 

predicted interference rule which is 

limited to FM translator stations. 

12. Cap on Program Originating FM 

Boosters and Other LCRA Issues. The 

Second R&O amends 47 CFR 74.1232(g), 

as proposed in the FNPRM, to limit each 

FM station to 25 program originating 

booster stations. Placing a cap on the 

number of program originating FM 

booster stations represents a change 

from current Commission rules, which 

impose no numerical limit on full 

power FM stations using boosters in a 

traditional fill-in role. In the Order, we 

concluded that a limit on the number of 

program originating FM boosters a 

station can operate may be needed to 

ensure that our decision to authorize 

program originating boosters is 

consistent with section 5 of the Local 

Community Radio Act of 2010 (LCRA) 

(Pub. L. 111–371), which requires that 

the Commission make licenses available 

for different types of stations that may 

operate on the same spectrum. As noted 

in the FNPRM, we do not yet know the 

extent of demand for program 

originating FM booster stations, nor the 

impact that potentially large numbers of 

such stations in a market could have on 

spectrum availability on adjacent 

channels where new FM translators and 

LPFM stations might conceivably wish 

to locate. 

13. No commenter suggests an 

alternative number. GBS agrees with our 

conclusion in the Order that 

authorization of program originating 

boosters is consistent with LCRA. It 

views a cap of 25 boosters per station as 

an appropriate starting point, but 

encourages the Commission to consider 

raising the limit if evidence 

demonstrates that this number is 

artificially low. REC Networks does not 

object to the cap but considers the 

number to be arbitrary. 

14. The Second R&O finds that the 25- 

booster limit, as well as authorization of 

program originating boosters in general, 

is consistent with the LCRA. The 

Commission believes that 25 boosters 

per station is a generous amount that 

will allow for design of several zones of 

program origination within each 

station’s service area. In response to 

GBS’ request for flexibility in that 

number the Commission notes that 

licensees can request a waiver of any 

rule under existing waiver standards. 

15. Public Interest Certification. The 

FNPRM sought comment on a ‘‘Public 

Interest Certification’’ suggestion, i.e., a 

reporting requirement in which 

licensees would self-certify that they 

are, consistent with the public interest, 

using their program originating boosters 

in a manner that is responsive to the 

needs of their service areas, especially 

minority communities. That suggestion 

arose in response to prior commenter 

concerns that geo-targeted programming 

or advertising might result in 

intentional or inadvertent socioeconomic ‘‘redlining’’ or exclusion of 

minorities. Although, we found no 

evidence that program origination 

would cause redlining, we sought 

comment on whether the suggested 

reporting requirement might be a useful 

safeguard and, if so, what timing and 

content of the certification would be 

best. 

16. The U.S. Black Chamber, National 

Newspaper Publishers Association, 

Roberts Radio Broadcasting (Roberts), 

and the Multicultural Media, Telecom 

and internet Council contend, in joint 

comments, that program originating 

boosters allow radio stations to reach 

isolated and minority communities with 

programming geared towards them. 

They jointly support adoption of a 

public interest certification as proposed 

because they believe that such a 

certification would provide an 

additional layer of oversight to ensure 

that program originating boosters are 

used appropriately and equitably. GBS 

supports a public interest certification 

and states that it recently chartered a 

Diversity Advisory Committee to help 

GBS coordinate, monitor, and facilitate 

activities that promote localism, 

diversity, equity, and inclusion. None of 

the commenters propose any specific 

language, frequency, or method for the 

suggested certification. 

17. The Second R&O adopts a selfcertification requirement which will 

contain the call sign of the relevant 

booster(s) and state that in originating 

programming over the booster(s) the 

licensee has considered the 

characteristics and needs of the 

coverage area of the booster station and 

has not used the booster to exclude or 

diminish service to other populations 

within that area or other areas within 

the service area of the booster’s primary 

station. We conclude that this 

certification would pose a very minimal 

burden on licensees but serve as a 

regular reminder to use program 

originating boosters as an enhancement 

intended to target rather than to 

exclude. 

18. FM licensees would place the 

certification in the online public file of 

their primary station concurrently with 

their quarterly issues programs lists for 

the primary station. We do not see a 

need for LPFM stations to make this 

certification. LPFM licensees would not 

be required to make the certification 

because LPFM stations have limited 

service areas making it unlikely that 

potential use of boosters to exclude 

listeners in certain zones would result. 

Moreover, filing of the certification will 

coincide with the quarterly filing of 

issues/programs lists in an online public 

inspection file but LPFM stations are 

not required to compile such lists or to 

maintain an online inspection file. 

19. Part 74 Licensing Issues. As 

proposed in the FNPRM, the 

Commission clarifies several operational 

matters. The only commenter to address 

any of our licensing proposals was NAB, 

which supports the proposal to make 

explicit the requirement that booster 

stations suspend operations any time 

their primary stations are not 

broadcasting and file notices of 

suspended operations. NAB asks the 

Commission also to clarify that 

suspension of program origination on 

booster stations should take place 

immediately upon cessation of the 

primary signal. GBS states that such a 

clarification is not necessary because 

the Rules already address suspension of 

booster operations. 

20. The Commission adopts the rule 

change as originally proposed in the 

FNPRM. The Second R&O adds a new 

§ 74.1231(k) explicitly codifying 

existing requirements by requiring 

booster stations to suspend operations 

any time their primary stations are not 

broadcasting and to file notices of 

suspended operations/requests for 

special temporary authority to remain 

silent pursuant to 47 CFR 73.1740. We 

do not believe it is necessary to adopt 

NAB’s suggestion of a statement that 

suspension of booster program 

origination must occur immediately 

upon cessation of the primary signal. 

21. As proposed in the FNPRM we 

also reorganize and clarify 47 CFR 

74.1231 by adding new paragraph (j). 

The provisions of paragraph (j), 

previously contained in a Note, clarify 

that grandfathered superpowered FM 

stations will only be able to implement 

booster stations within the standard 

(i.e., non-superpowered) maximum 

contour for their class of station. This 

should help to minimize interference 

risks by further isolating program 

originating boosters from adjacent FM 

broadcast stations. 

22. Finally, we modify 47 CFR 

74.1232 to clarify that a booster station 

may not broadcast programming that is 

not permitted by its FM primary 

station’s authorization, as proposed in 

the FNPRM. This will ensure that 

program originating boosters are not 

used in a manner that is inconsistent 

with the primary station. For example, 

licensees of noncommercial FM stations 

may not use booster stations for 

commercial broadcasts. 


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23. Political Broadcasting and 

Advertising. To the extent an FM 

booster station originates programming 

that includes political (i.e., candidate 

and certain issue-related) programming, 

it will be subject to the full array of 

political programming requirements that 

are applicable to full power broadcast 

stations. The FNPRM invited comments 

on a number of political programming 

issues including obligations to maintain 

political files, provide equal 

opportunities, ensure reasonable access, 

and charge candidates lowest rates. 

These obligations ensure that qualified 

candidates for elective office have 

access to broadcast facilities and certain 

other media platforms and foster 

transparency about entities sponsoring 

advertisements. 

24. In its comments, GBS agrees with 

the general approach of applying 

existing political programming rules to 

program originating boosters. GBS 

anticipates that broadcasters will sell 

advertising time on program originating 

boosters at rates distinct from those on 

their primary signal and, thus, believes 

it would be appropriate to treat a 

program originating booster as its own 

facility for the limited purposes of 

applying the equal opportunities, 

reasonable access, and lowest unit 

charge rules. Similarly, GBS urges the 

Commission to treat each program 

originating booster as its own facility 

with regard to political file 

requirements. Roberts agrees that 

program originating boosters could be 

useful for political candidates but seeks 

streamlined political file requirements 

because small, independent 

broadcasters like itself have limited 

resources. 

26. We amend 47 CFR 74.1290 as 

proposed to make all political 

programming requirements explicitly 

applicable to program originating FM 

booster stations. Traditional booster 

stations are not required to maintain a 

public file, but we will require full 

power broadcasters originating 

programming on a booster to include 

information about any political uses of 

each booster in the online political file 

of the booster’s primary station. LPFM 

stations do not have an online public 

file requirement and, thus, an LPFM 

station operating program originating 

boosters will need to maintain a 

physical political file for its booster(s) 

consistent with existing requirements 

for political use of the LPFM station. 

27. As GBS suggests, each program 

originating booster and primary station 

would be considered its own, separate 

facility for purposes of political file 

obligations. However, for the sake of 

simplicity, the Commission adopts a 

streamlined requirement that will allow 

broadcasters to include information 

about their boosters within the political 

file of their primary stations. The 

primary FM station’s political file 

would denote whether material was 

booster-originated, and if so, the booster 

station over which it was broadcast. We 

will implement this requirement by 

amending 47 CFR 73.3526 (online 

public inspection file of commercial 

stations) and 47 CFR 73.3527 (online 

public inspection file of noncommercial 

educational stations). 

28. Because we are treating program 

originating boosters as separate facilities 

from the licensee’s primary station for 

purposes of political broadcasting and 

advertising requirements, candidates 

who request equal opportunities in 

response to an advertisement or 

noncommercial announcement 

broadcast on a particular program 

originating booster station will be 

entitled to use that booster station but 

not the primary station (if the primary 

station did not air the material). 

Similarly, primary stations and program 

originating boosters will be treated as 

separate facilities with respect to 

requests for reasonable access by 

Federal candidates. As GBS notes, rates 

charged on a program originating 

booster may be lower than those 

charged on the primary station because 

the booster reaches a smaller zone. 

Therefore, in determining lowest unit 

charges, licensees should treat their 

program originating booster stations and 

primary stations as separate facilities. 

29. Patent Licensing Issues. We will 

not at this time require vendors of 

program originating technology and 

patent owners in program origination 

technology to take any additional steps 

pursuant to the Commission’s patent 

policy. Nor will we require their 

compliance with any other guidelines 

common to open standards, such as 

requiring that licenses be available to all 

parties on fair, reasonable and 

nondiscriminatory terms. The FNPRM 

asked whether such a requirement was 

necessary and an appropriate exercise of 

Commission authority given that the 

Order did not endorse a particular 

technical approach. GBS, the only 

commenter to address this issue, argues 

that the Commission should not get 

involved in patent matters. 

30. Based on the record, we decline at 

this time to impose any patent-related 

requirements. We base this decision on 

our determination that program 

originating boosters work with existing 

equipment and standards, the 

Commission has not endorsed GBS’ 

particular product, and others can enter 

the market if there is sufficient demand. 

Therefore, we do not believe that it is 

necessary at this time for us to adopt 

regulations governing program 

origination licensing and usage fees. If 

we receive information that suggests we 

need to explore this issue further, such 

as if it becomes necessary for stations to 

use a particular proprietary system for 

program origination to work, we will 

take appropriate action at that time. 

31. Other Safeguards. We will not 

adopt a suggestion by REC that the 

Commission avoid co-channel 

interference to LPFM and FM translator 

stations by revising 47 CFR 74.1204(i). 

REC asks us to require that the signal of 

pre-existing co-channel and firstadjacent channel stations exceed by 20 

dBu that of a booster anywhere within 

the existing station’s protected contour. 

GBS opposes REC’s suggestion. The 

Commission does not see a need to 

revise section 74.1204(i) in the manner 

proposed by REC because existing cochannel interference standards provide 

sufficient protection. REC acknowledges 

that an affected station could pursue an 

interference claim against the booster 

under 47 CFR 74.1203 and 73.809 

although it views this remedy as 

burdensome because the affected station 

must compile information necessary to 

present a complaint. 

32. REC’s proposal is similar to 

interference protection standards that 

the Commission considered but 

declined to adopt in 1987, in favor of 

less complex and burdensome 

requirements. The record does not 

support a finding that the landscape has 

changed so significantly since that time 

as to establish a need for different 

standards applicable to FM booster 

stations. Our decision to limit program 

origination to three minutes per hour 

would further minimize any potential 

interference. We acknowledge that the 

LPFM service did not yet exist at the 

time of the 1987 decision and that the 

number of FM boosters will likely 

increase with the option to use them for 

program origination. However, we do 

not consider that change to negate the 

effectiveness of the existing requirement 

that secondary stations must protect full 

service stations and also pre-existing 

secondary stations. 

III. Procedural Matters 

33. Final Regulatory Flexibility 

Analysis. As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), an Initial Regulatory Flexibility 

Analysis (IRFA) was incorporated in the 

amendment of § 74.1231(i) of the 

Commission’s Rules on FM Broadcast 

Booster Stations, Further Notice of 

Proposed Rulemaking (FNPRM), 

released in April 2024. The Federal 


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Communications Commission 

(Commission) sought written public 

comment on the proposals in the 

FNPRM, including comment on the 

IRFA. No comments were filed 

addressing the IRFA. The Final 

Regulatory Flexibility Analysis (FRFA) 

conforms to the RFA. See 5 U.S.C. 604. 

34. Need For, and Objectives of, the 

Second Report and Order. In the Second 

Report and Order (Second R&O), the 

Commission establishes service rules 

that will enable FM and low power FM 

(LPFM) broadcasters to use FM booster 

stations to originate program content. 

This action builds upon an April 2024 

Report and Order (Order) and Further 

Notice of Proposed Rulemaking 

(FNPRM) stemming from a Petition for 

Rulemaking by GeoBroadcast Solutions, 

LLC (GBS). GBS developed technology 

designed to allow FM broadcast stations 

to use boosters as a means of airing 

‘‘geo-targeted’’ content different from 

their primary station’s signal to specific 

areas, i.e., ‘‘zones,’’ within that station’s 

service contour. Stations choosing to 

use this technology might, for example, 

air advertisements from businesses 

whose needs or budgets are best focused 

on small geographic areas, and/or might 

air hyper-local news and weather 

reports most relevant to a particular 

segment of the community. Because FM 

boosters were traditionally used only as 

a means to enhance weak signals of a 

primary station and could not originate 

programming, GBS asked the 

Commission to modify the rules to 

allow program originating boosters. 

35. In the Order, after considering 

responsive comments, the Commission 

identified significant potential benefits 

of program originating boosters. The 

technology could enable radio stations 

to seek new sources of revenue, provide 

audiences with more relevant, hyperlocal content, and provide advertisers 

with better opportunities to direct 

messages to the listeners they most want 

to reach. Nevertheless, because the 

record addressed some technical and 

administrative issues quite broadly, we 

issued the FNPRM to propose specific 

requirements and solicit more detailed 

input. We, thus, provided for immediate 

grant of authorizations to operate 

program originating boosters on an 

experimental basis pursuant to part 5 of 

the Commission’s rules, 47 CFR part 5, 

but determined that permanent 

authorizations would need to await 

establishment of more detailed 

requirements following an opportunity 

for public comment. 

36. Comments submitted in response 

to the FNPRM generally support a 

process that is simple and flexible for 

booster applicants while including 

safeguards to ensure that booster 

operations do not impact emergency 

communications or signal quality to 

listeners of the primary station and 

other co-channel and adjacent channel 

stations. The Second R&O thus adopts 

processing, licensing, and service rules 

to enable the Commission to authorize 

broadcasters to originate programming 

on boosters without the need for an 

experimental authorization. To facilitate 

the rollout of this service, we establish 

that FM licensees will apply for boosters 

on a first come/first served basis. Before 

commencing or suspending program 

origination the licensee will file a FM 

Booster Program Origination 

Notification using an electronic form 

that following approval, will be 

available in the Media Bureau’s 

Licensing and Management System 

(LMS) database. The notification will 

enable the Commission and interested 

parties to be aware of which boosters are 

being used for this purpose. In response 

to public safety concerns about potential 

impact on the Emergency Alert System 

(EAS) the Commission will require 

broadcasters whose signals are specified 

in a state emergency communications 

plan to notify their State Emergency 

Communications Committee(s) (SECC) 

of their use of program originating 

boosters. We also update our rules to 

allow the Commission to address 

concerns about predicted interference 

from proposed booster stations and 

adopt a cap on the total number of 

program originating boosters each 

primary station may operate. We update 

our political broadcasting rules to 

account for political advertising on 

program originating boosters. Finally, 

we adopt a commenter-proposed public 

interest certification for broadcasters 

operating program originating boosters. 

37. Summary of Significant Issues 

Raised by Public Comments in Response 

to the IRFA. There were no comments 

filed that specifically addressed the 

proposed rules and policies presented 

in the IRFA. However, Roberts Radio 

Broadcasting (Roberts), which supports 

program originating boosters, offered its 

perspective on several administrative 

matters as a small, independent 

broadcaster with limited resources. 

Specifically, Roberts seeks streamlined 

political file requirements and opposes 

separate EAS requirements for program 

originating boosters, citing concerns 

regarding the limited resources of small, 

independent broadcasters. As discussed 

in greater detail in section F, the Second 

R&O streamlines political file reporting, 

but maintains certain EAS notification 

requirements. 

38. Response to Comments by the 

Chief Counsel for Advocacy of the Small 

Business Administration. Pursuant to 

the Small Business Jobs Act of 2010, 5 

U.S.C. 604(a)(3), 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. The Chief 

Counsel did not file any comments in 

response to the proposed rules in this 

proceeding. 

39. Description and Estimate of the 

Number of Small Entities to Which the 

Rules Will Apply. 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. 

The RFA, 5 U.S.C. 601(6) generally 

defines the term ‘‘small entity’’ as 

having the same meaning as the terms 

‘‘small business,’’ ‘‘small organization,’’ 

and ‘‘small government jurisdiction.’’ In 

addition, the term ‘‘small business’’ has 

the same meaning as the term ‘‘small 

business concern’’ under the Small 

Business Act, 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. 

40. Radio Stations. This industry is 

comprised of ‘‘establishments primarily 

engaged in broadcasting aural programs 

by radio to the public.’’ Programming 

may originate in the broadcaster’s 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. 

41. The Commission estimates that as 

of September 30, 2024, there were 4,400 

licensed commercial AM radio stations 

and 6,618 licensed commercial FM 

radio stations, for a combined total of 

11,018 commercial radio stations. Of 

this total, 11,017 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 October 

15, 2024, and therefore these licensees 

qualify as small entities under the SBA 

definition. In addition, the Commission 

estimates that as of September 30, 2024, 

there were 4,377 licensed 

noncommercial (NCE) FM radio 


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stations, 1,967 low power FM (LPFM) 

stations, and 8,894 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, we presume that all of these 

entities qualify as small entities under 

the above SBA small business size 

standard. 

42. We note, however, that in 

assessing whether a business concern 

qualifies as ‘‘small’’ under the above 

definition, business (control) affiliations 

must be included. Our estimate, 

therefore, likely overstates the number 

of small entities that might be affected 

by our action, because the revenue 

figure on which it is based does not 

include or aggregate revenues from 

affiliated companies. In addition, 

another element of the definition of 

‘‘small business’’ requires that an entity 

not be dominant in its field of operation. 

We are unable at this time to define or 

quantify the criteria that would 

establish whether a specific radio 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 over-inclusive. 

43. Description of Projected 

Reporting, Recordkeeping, and Other 

Compliance Requirements for Small 

Entities. The Second R&O modifies 

reporting requirements that may impact 

compliance requirements for small 

entities, as described below. These 

changes will likely result in a modified 

paperwork obligation for small and 

other entities. The Commission has 

considered the benefits and costs of 

allowing program originating booster 

licensees to submit certain notifications 

in the LMS database. While there is not 

specific information on the record to 

quantify the cost of compliance for 

small entities or determine whether they 

will need to hire professionals to 

comply with its decisions, the 

Commission has determined that the 

benefits of allowing small and other 

broadcasters to operate program 

originating boosters outweigh any 

potential costs for small entities. The 

Commission will seek approval of and 

submit the corresponding burden 

estimates to account for this modified 

reporting requirement. 

44. The Second R&O adopts 

processing, licensing, and service rules 

permitting construction and operation 

of program originating boosters. The 

Commission adds a new section 74.1206 

to the rules, requiring that a program 

originating booster formally notify the 

Commission through the LMS database 

of the commencement and suspension 

of operations. FM Booster Program 

Origination Notifications must be filed 

15 days prior to the start of 

programming and 30 days after 

permanently terminating programming. 

45. The new rule section 74.1206 also 

includes a separate notification 

requirement pertaining to the EAS to 

ensure that EAS participants are aware 

of program originating boosters in their 

EAS chain. This EAS-related 

notification will be accomplished by 

requiring broadcasters to alert their 

SECC that content on their boosters may 

differ from that on their primary station. 

The SECC can, thus, take this into 

account in making EAS monitoring 

assignments. The Second R&O also 

requires that stations employing 

program originating boosters report to 

the Commission any problems of which 

they become aware concerning the EAS 

and interference. 

46. The Second R&O further clarifies 

that the programming originated by an 

FM booster station must conform to that 

broadcast by the FM primary station, 

e.g., a booster re-transmitting a 

noncommercial educational (NCE) FM 

station may also only broadcast NCE 

content, and that booster stations must 

suspend operations when the primary 

station is not operating. Information 

collected in the FM Booster Program 

Origination Notification will be publicly 

available in the Commission’s LMS 

database. 

47. The Commission further amends 

§ 74.1232(g), limiting full-service FM 

stations to 25 program originating FM 

booster stations. This cap represents a 

change from the current rule, which 

imposes no numerical limit on FM 

booster stations. The cap is intended to 

ensure that spectrum remains available 

for other purposes despite an increase in 

the overall number of booster stations 

anticipated from our decision to 

authorize program originating boosters, 

consistent with the Local Community 

Radio Act of 2010 (LCRA) (Pub. L. 111– 

371), 124 Stat. 4072 (2011). 

48. The Second R&O also addresses 

issues regarding political broadcasting. 

To the extent that political advertising 

may be broadcast over a program 

originating booster, the Commission 

requires that such a booster station must 

follow all of the Commission’s political 

broadcasting rules. These would include 

rules requiring the maintenance of a 

political file, provision of equal 

opportunity and reasonable access to 

political candidates, and limiting the 

rates charged to political candidates for 

air time. 

49. The Commission adopts a 

suggestion from commenters that 

licensees of program originating 

boosters periodically self-certify that 

they are, consistent with the public 

interest, using the boosters in a manner 

that is responsive to the needs and 

issues of their service areas, especially 

minority communities. Although the 

Commission found no evidence that 

program origination would inhibit 

advances in diversity, equity, inclusion, 

and accessibility, it views this 

requirement as one posing a very 

minimal burden on licensees but 

serving as an important, regular 

reminder to licensees of best practices to 

use program originating boosters as an 

enhancement of local messaging 

intended to target rather than to 

exclude. The Commission amends the 

online public inspection file rules in 47 

CFR 73.3526 and 73.3527 to reference 

this new public interest self-certification 

requirement, requiring stations to place 

their booster-related certification in 

their online public files. 

50. Finally, the Second R&O 

concludes that certain additional 

guidelines are unnecessary. The 

Commission will not adopt specific 

standards for synchronizing booster and 

primary signals. The manner in which 

a license synchronizes its signals would 

best be determined on an individual 

basis by the station’s engineers based on 

the design of its particular system. Nor 

will the Commission specify that 

vendors of program originating 

technologies abide by the Commission’s 

patent policy or any other guidelines, 

which require that licenses be available 

to all parties on fair, reasonable, and 

nondiscriminatory terms. There is not a 

need for such action at present because 

program originating boosters work with 

existing equipment and standards, the 

Commission has not endorsed GBS’ 

particular product, and others can enter 

the market if there is a sufficient 

demand. 

51. Steps Taken to Minimize the 

Significant Economic Impact on Small 


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Entities and Significant Alternatives 

Considered. The RFA, 5 U.S.C. 

604(a)(6), 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.’’ In the Second R&O, the 

Commission considered a number of 

alternatives that may impact small 

entities when it adopted processing, 

licensing, and service rules for 

authorizing program originating 

boosters. These rules benefit the public 

by providing small broadcasters with 

increased options to serve listeners and 

provide for more targeted and varied 

advertising and content that many small 

stations are not able to currently offer. 

52. Many alternatives considered in 

the Second R&O seek to avoid imposing 

additional burdens on small radio 

stations where practicable. The 

Commission considered and responded 

favorably to commenter suggestions to 

keep administrative processes 

associated with program originating FM 

boosters as simple and flexible as 

possible. For example, the Commission 

will accept applications to construct 

program originating boosters on a first 

come/first served basis, and not adopt 

one commenter’s suggestion to add 

separate applications for program 

origination. The process adopted will 

give applicants the flexibility to apply 

as needed rather than having to await a 

specific filing window and additional 

application review. In this way, FM 

broadcasters will be able to design 

systems that meet their individual 

circumstances by applying for many or 

just a few stations at any point in time. 

In the unlikely event of mutually 

exclusive booster proposals filed on the 

same day, the Commission decided to 

give the applicants an opportunity to 

adjust their technical proposals to allow 

for grant of both applications. The 

Commission will allow for additional 

flexibility if applicants are unable to 

adjust their engineering parameters and 

will grant each application on a timesharing basis. Such an arrangement 

should not be difficult given that 

program origination is limited to three 

minutes each hour. In considering 

alternatives to the proposed political file 

requirements, the Second R&O retains 

filing obligations, however it allows 

small broadcasters to include 

information on program originating 

boosters in the political file of the main 

station, thereby streamlining 

recordkeeping obligations for smaller 

broadcasters with limited resources. 

53. The Commission considered 

whether to codify technical 

specifications for synchronization of the 

program originating booster’s signal 

with that of the FM primary station, and 

agreed with commenters who 

emphasized the importance of allowing 

each licensee to design a system that 

best meets the engineering 

specifications appropriate in its 

particular environment, providing small 

broadcasters further flexibility. Some 

commenters suggested adoption of 

stricter co-channel interference 

standards for program originating 

boosters, however we believe the 

existing standards are sufficient and less 

burdensome and will retain those 

standards at this time. 

54. In considering related 

recordkeeping and notification 

requirements, the Commission 

endeavored to strike an appropriate 

balance between the Commission’s need 

for information and the small 

broadcaster’s interest in minimizing 

regulatory burdens. For example, in 

establishing a new § 74.1206 to the 

rules, which prescribes LMS 

notification of the commencement or 

suspension of program originating 

booster service, the Commission 

accepted a suggestion that licensees 

provide the notification in the LMS 

database. The majority of Commission 

notifications in the media services are 

delivered through LMS, which is less 

burdensome than requiring separate 

mail or electronic mail notification. 

Further, the rule also simplifies 

notification and certification 

requirements for broadcasters, allowing 

15 days for notification that 

programming will begin, instead of 10 

days as proposed in comments, and 30 

days to file a notification that it will 

permanently discontinue originating 

programming. The Commission 

delegated to the Media Bureau authority 

to create the new notification form and 

to coordinate with any other agencies as 

needed to obtain all form approvals. We 

believe that unlike other alternatives for 

compliance, such as a separate full 

application filing, this notificationbased approach will provide adequate 

notice to the Commission while 

minimizing the regulatory burden for 

small broadcast stations. We anticipate 

that publicly available notifications will 

allow the Commission and the industry 

to monitor station use of the new 

program origination booster technology. 

Rather than adopting a suggestion that 

licensees of program originating 

boosters identify and contact, based on 

operational area alone, every EAS 

Participant that monitors their primary 

stations, we adopt a far less burdensome 

requirement that they notify their State 

Emergency Communications 

Committees (SECC). This will enable 

EAS Participants to more readily 

understand the status of the sources 

they are monitoring by reviewing their 

State EAS Plan, which SECCs typically 

make available via website. 

55. Report to Congress. The 

Commission will send a copy of the 

Second R&O, including the 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 

Second R&O, including the FRFA, to the 

Chief Counsel for Advocacy of the SBA. 

A copy of the Second R&O and FRFA 

(or summaries thereof) will also be 

published in the Federal Register. Id. 

604(b). 

56. Paperwork Reduction Act 

Analysis. This Second R&O 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 will be 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. We have assessed the effects 

of the required collection of information 

on these small entities. 

57. 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 this Second R&O to 

Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, 5 U.S.C. 

801(a)(1)(A). 


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IV. Ordering Clauses 

58. Accordingly, it is ordered that 

pursuant to the authority contained in 

sections 1, 2, 4(i), 7, 301, 302, 303, 307, 

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

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

151, 152, 154(i), 157, 301, 302, 303, 307, 

308, 309, 316, 319, and 324, this Second 

Report and Order and Order on 

Reconsideration is adopted. 

59. It is further ordered that the 

Second Report and Order and the 

amendments to the Commission’s rules 

set forth in Appendix B shall be 

effective 30 days after publication of a 

summary in the Federal Register, except 

that the amendments to §§ 73.3526(a) 

and (e), 73.3527(a) and (e), 74.1204(f), 

and 74.1206, which may contain new or 

modified information collection 

requirements and creation of a new 

form, 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 

§§ 73.3526(a) and (e), 73.3527(a) and (e), 

74.1204(f), and 74.1206, by subsequent 

Public Notice. 

60. It is further ordered that the 

Commission’s Office of the Secretary 

shall send a copy of this Second Report 

and Order and Order on 

Reconsideration, including the Final 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

61. It is further ordered that Office of 

the Managing Director, Performance 

Program Management, shall send a copy 

of this Second Report and Order and 

Order on Reconsideration in a report to 

Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, 5 U.S.C. 

801(a)(1)(A). 

62. It is further ordered that the 

Petition for Reconsideration filed by 

REC Networks of the Report and Order 

in MB Docket No. 20–401 is denied. 

63. It is further ordered that the 

Petition for Reconsideration filed by 

Press Communications, LLC of the 

Report and Order in MB Docket No. 20– 

401 is dismissed. 

List of Subjects 

47 CFR Part 11 

Emergency Alert System, Radio. 

47 CFR Part 73 

Communications equipment, Radio, 

Reporting and recordkeeping 

requirements. 

47 CFR Part 74 

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 parts 11, 

73, and 74 as follows: 

PART 11—EMERGENCY ALERT 

SYSTEM (EAS) 

■ 1. The authority citation for part 11 

continues to read as follows: 

Authority: 47 U.S.C. 151, 154(i) and (o), 

303(r), 544(g), 606, 1201, 1206. 

■ 2. Amend § 11.21 by adding a 

sentence to the end of paragraph (a)(4) 

to read as follows: 

§ 11.21 State and Local Area plans and 

FCC Mapbook. 

* * * * * 

(a) * * * 

(4) * * * State EAS Plans must 

indicate whether any of the EAS 

monitoring sources in the monitoring 

assignment matrix are primary stations 

adopting program originating boosters 

and, if so, whether the boosters will 

simulcast the primary station or remain 

off-air during periods when they are not 

originating programming; 

* * * * * 

PART 73—RADIO BROADCAST 

SERVICES 

■ 3. 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. 

■ 4. Amend § 73.860 by adding a 

sentence to end of paragraph (b)(5) to 

read as follows: 

§ 73.860 Cross-ownership. 

* * * * * 

(b) * * * 

(5) * * * Any such booster stations 

must comply with the rules concerning 

the Emergency Alert System set out in 

part 11 of this chapter. 

* * * * * 

■ 5. Delayed indefinitely, amend 

§ 73.3526 by adding paragraphs (a)(3) 

and (e)(20) to read as follows: 

§ 73.3526 Online public inspection file of 

commercial stations. 

(a) * * * 

(3) Every permittee or licensee of a 

program originating FM booster station, 

as defined in § 74.1201(f)(2) of this 

chapter, shall maintain in the political 

file of its FM primary station the records 

required in § 73.1943 for each such 

program originating FM booster station. 

* * * * * 

(e) * * * 

(20) Certification by licensees of 

program originating FM boosters. Every 

licensee of an FM primary station using 

a program originating FM booster 

station, as defined in § 74.1201(f)(2) of 

this chapter, shall concurrently with its 

quarterly issues programs lists for the 

primary station, place a booster public 

interest certification in the online public 

file of its FM primary station. The 

certification must contain the call 

sign(s) of the relevant booster(s) and 

certify that in originating programming 

over the booster(s) the licensee has 

considered the characteristics and needs 

of the coverage area of the booster 

station and has not used the booster to 

exclude or diminish service to other 

populations within that area or any 

other area served by the booster’s 

primary station. 

■ 6. Delayed indefinitely, amend 

§ 73.3527 by adding paragraphs (a)(3) 

and (e)(16) to read as follows: 

§ 73.3527 Online public inspection file of 

noncommercial educational stations. 

(a) * * * 

(3) Every permittee or licensee of a 

program originating FM booster station, 

as defined in § 74.1201(f)(2) of this 

chapter, in the noncommercial 

educational broadcast service shall 

maintain in the political file of its FM 

primary station the records required in 

§ 73.1943 for each such program 

originating FM booster station. 

* * * * * 

(e) * * * 

(16) Certification by licensees of 

program originating FM boosters. Every 

licensee of an FM primary station using 

a program originating FM booster 

station, as defined in § 74.1201(f)(2) of 

this chapter, shall concurrently with its 

quarterly issues programs lists for the 

primary station, place a booster public 

interest certification in the online public 

file of its FM primary station. The 

certification must contain the call 

sign(s) of the relevant booster(s) and 

certify that in originating programming 

over the booster(s) the licensee has 

considered the characteristics and needs 

of the coverage area of the booster 

station and has not used the booster to 

exclude or diminish service to other 

populations within that area or any 

other area served by the booster’s 

primary station. 

* * * * * 


khammond on DSK9W7S144PROD with RULES
Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Rules and Regulations 100877 

PART 74—EXPERIMENTAL RADIO, 

AUXILIARY, SPECIAL BROADCAST 

AND OTHER PROGRAM 

DISTRIBUTIONAL SERVICES 

■ 7. The authority citation for part 74 

continues to read as follows: 

Authority: 47 U.S.C. 154, 302a, 303, 307, 

309, 310, 325, 336, and 554. 

■ 8. Amend § 74.1204 by removing the 

note to paragraph (a)(4), adding 

paragraph (a)(5), and revising paragraph 

(i). 

The addition and revision read as 

follows: 

§ 74.1204 Protection of FM broadcast, FM 

Translator and LP100 stations. 

(a) * * * 

(5) For the purposes of determining 

overlap pursuant to this paragraph, 

LP100 stations, LPFM applications, and 

LPFM permits that have not yet been 

licensed must be considered as 

operating with the maximum permitted 

facilities. All LPFM TIS stations must be 

protected on the basis of a 

nondirectional antenna. 

* * * * * 

(i) FM broadcast booster stations shall 

be subject to the requirement that the 

signal of any first adjacent channel 

station must exceed the signal of the 

booster station by 6 dB at all points 

within the protected contour of any first 

adjacent channel station, except that in 

the case of FM stations on adjacent 

channels at spacings that do not meet 

the minimum distance separations 

specified in § 73.207 of this chapter, the 

signal of any first adjacent channel 

station must exceed the signal of the 

booster by 6 dB at any point within the 

predicted interference free contour of 

the adjacent channel station. 

* * * * * 

■ 9. Delayed indefinitely, further amend 

§ 74.1204 by: 

■ a. Redesignating paragraph (f) 

introductory text as paragraph (f)(1) and 

paragraphs (f)(1) through (5) as 

paragraphs (f)(3)(i) through (v); 

■ b. Revising newly redesignated 

paragraph (f)(1); 

■ c. Adding new paragraphs (f)(2) and 

(f)(3) introductory text; and 

■ d. Revising newly redesignated 

paragraph (f)(3)(iv) 

The revisions and additions read as 

follows: 

§ 74.1204 Protection of FM broadcast, FM 

Translator and LP100 stations. 

* * * * * 

(f)(1) An application for an FM 

translator station will not be granted 

even though the proposed operation 

would not involve overlap of field 

strength contours with any other station, 

as set forth in paragraph (a) of this 

section, if grant of the authorization will 

result in interference to the reception of 

a regularly used, off-the-air signal of any 

authorized co-channel, first, second or 

third adjacent channel broadcast station, 

including previously authorized 

secondary service stations within the 45 

dBm field strength contour of the desired 

station. 

(2) An application for an FM 

broadcast booster station will not be 

granted even though the proposed 

operation would not involve overlap of 

field strength contours with any other 

station, as set forth in paragraph (i) of 

this section, if grant of the authorization 

will result in interference to the 

reception of a regularly used, off-the-air 

signal of any authorized co-channel, 

first, second or third adjacent channel 

broadcast station, other than the 

booster’s primary station, but including 

previously authorized secondary service 

stations within the 45 dBm field strength 

contour of the desired station. 

(3) Interference, with regard to either 

an FM translator station or an FM 

broadcast booster station application, is 

demonstrated by: 

* * * * * 

(iv) A statement that the complaining 

station licensee has used commercially 

reasonable efforts to inform the relevant 

translator or booster licensee of the 

claimed interference and attempted 

private resolution; and 

* * * * * 

■ 10. Delayed indefinitely, add 

§ 74.1206 to read as follows: 

§ 74.1206 Program originating FM booster 

station notifications. 

(a) A program originating FM booster 

station must electronically file an FM 

Booster Program Origination 

Notification with the Commission in 

LMS using the form provided for this 

purpose, before commencing or after 

terminating the broadcast of boosteroriginated content subject to the 

provisions of § 74.1201(f)(2). Such a 

notification must be filed within 15 

days before commencing origination, or 

within 30 days after terminating 

origination. 

(b) A primary FM station that is 

designated in a state emergency 

communications plan as an Emergency 

Alert Service Local Primary (LP), State 

Primary (SP), State Relay (SR), or 

otherwise monitored as an over-the-air 

source of EAS messages must notify the 

proper State Emergency 

Communications Committee(s) of its 

intent to transmit unique local 

programing on one or more program 

originating FM boosters at least 30 days 

prior to employing a program 

originating booster, or implementing 

changes to booster status. The 

notification should disclose whether the 

booster(s) will simulcast the primary 

station or remain off-air during periods 

when not originating programming and 

advise continued monitoring of the 

primary station and not of a booster. 

(c) Stations employing program 

originating boosters must report to the 

Commission’s Operations Center, at 

FCCOPS@fcc.gov, any problems of 

which they become aware concerning 

EAS-related interference. 

■ 11. Amend § 74.1231 by removing the 

note following paragraph (b)(2)(ii) and 

adding paragraphs (k) and (l). 

The additions read as follows: 

§ 74.1231 Purpose and permissible 

service. 

* * * * * 

(k) In the case of a superpowered FM 

broadcast station, authorized with 

facilities in excess of those specified by 

§ 73.211 of this chapter, an FM booster 

station will only be authorized within 

the protected contour of the class of 

station being rebroadcast as predicted 

based on the maximum facilities set 

forth in § 73.211 for the applicable class 

of FM broadcast station being 

rebroadcast. 

(l) An FM broadcast booster station, as 

defined in § 74.1201(f)(1) or (2), must 

suspend operations at any time its 

primary station is not operating. If a 

full-service FM broadcast station 

suspends operations, in addition to 

giving the notification specified in 

§ 73.1740(a)(4) of this chapter, each FM 

broadcast booster station and program 

originating FM booster station must also 

file a notification under § 73.1740(a)(4) 

that it has suspended operations. 

■ 12. Amend § 74.1232 by revising 

paragraph (g), redesignating paragraph 

(h) as paragraph (i), and adding a new 

paragraph (h). 

The revision and addition read as 

follows: 

§ 74.1232 Eligibility and licensing 

requirements. 

* * * * * 

(g) No numerical limit is placed upon 

the number of FM booster stations 

which may be licensed to a single 

licensee. No more than twenty-five (25) 

program originating FM booster stations 

may be licensed to a single full-service 

FM broadcast station. A separate 

application is required for each FM 

booster station. FM broadcast booster 

stations are not counted as FM 

broadcast stations for the purposes of 


khammond on DSK9W7S144PROD with RULES
100878 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Rules and Regulations 

§ 73.5555 of this chapter concerning 

multiple ownership. 

(h) A program originating FM booster 

station, when originating programming 

pursuant to the limits set forth in 

§ 74.1201(f)(2), may not broadcast 

programming that is not permitted by its 

primary station’s authorization (e.g., a 

program originating FM booster station 

licensed to a noncommercial 

educational primary station may only 

originate programming consistent with 

§ 73.503 of this chapter). 

* * * * * 

■ 13. Add § 74.1290 to read as follows: 

§ 74.1290 Political programming rules 

applicable to program originating FM 

booster stations. 

To the extent a program originating 

FM booster station originates 

programming different than that 

broadcast by its FM primary station, 

pursuant to the limits set forth in 

§ 74.1201(f)(2), it shall comply with the 

requirements in §§ 73.1212, 73.1940, 

73.1941, 73.1942, 73.1943, and 73.1944 

of this chapter. 

[FR Doc. 2024–29290 Filed 12–12–24; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 14 and 64 

[CG Docket Nos. 23–161, 10–213, and 03– 

123; FCC 24–95; FR ID 261149] 

Access to Video Conferencing 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission (FCC or 

Commission) takes steps to ensure the 

accessibility of interoperable video 

conferencing services (IVCS). The 

Commission provides additional clarity 

on how the Commission’s accessibility 

performance objectives apply to 

interoperable video conferencing 

services (IVCS), modifies those 

performance objectives to ensure access 

to IVCS, and addresses how the 

Interstate telecommunications relay 

services (TRS) Fund will support the 

provision of Video Relay Service (VRS) 

and other forms of TRS in video 

conferences. 

DATES: 

Effective date: Effective January 13, 

2025, except for instruction 6 (the 

amendments to § 64.606(g)(6)), which is 

delayed. The Commission will publish 

a document in the Federal Register 

announcing the effective date for the 

amendments to § 64.606(g)(6). 

Compliance date: The compliance 

date for §§ 14.21(b)(2)(iv) and (b)(4) is 

January 12, 2027. 

FOR FURTHER INFORMATION CONTACT: Ike 

Ofobike, Disability Rights Office, 

Consumer and Governmental Affairs 

Bureau, at (202) 418–1028; email: 

Ike.Ofobike@fcc.gov; or William 

Wallace, Disability Rights Office, 

Consumer and Governmental Affairs 

Bureau, at (202) 418–2716; email: 

William.Wallace@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Report and Order, in CG Docket Nos. 

23–161, 10–213, and 03–123, document 

FCC 24–95, adopted on September 26, 

2024, released on September 27, 2024. 

The Commission previously sought 

comment on the issue in a Notice of 

Proposed Rulemaking (NPRM), 

published at 88 FR 52088, August 7, 

2023. The full text of this document is 

available for public inspection and 

copying via the FCC’s Electronic 

Document Management System 

(EDOCS) website at https://

www.fcc.gov/edocs and via the 

Commission’s Electronic Comment 

Filing System (ECFS) website at https:// 

www.fcc.gov/ecfs. To request materials 

in accessible formats for people with 

disabilities (Braille, large print, 

electronic files, audio format), send an 

email to fcc504@fcc.gov or call the 

Consumer and Governmental Affairs 

Bureau at (202) 418–0530. 

Synopsis 

Background 

1. Under section 716 of the 

Communications Act, as amended (the 

Act), 47 U.S.C. 617, providers of 

advanced communications services 

(ACS) and manufacturers of equipment 

used for ACS must make such services 

and equipment accessible to and usable 

by people with disabilities, if 

achievable. Service providers and 

manufacturers may comply with section 

716 of the Act either by building 

accessibility features into their services 

and equipment or by choosing to use 

third-party applications, peripheral 

devices, software, hardware, or 

customer premises equipment (CPE) 

that are available to individuals with 

disabilities at nominal cost. If 

accessibility is not achievable through 

either of these means, then 

manufacturers and service providers 

must make their products and services 

compatible with existing peripheral 

devices or specialized CPE commonly 

used by people with disabilities to 

achieve access, subject to the 

achievability criterion. The Commission 

is directed to adopt ‘‘performance 

objectives to ensure the accessibility, 

usability, and compatibility of advanced 

communications services and the 

equipment used for such services.’’ 

2. The Act defines advanced 

communications services as: (A) 

interconnected VoIP service; (B) noninterconnected VoIP service; (C) 

electronic messaging service; (D) 

interoperable video conferencing 

service; and (E) any audio or video 

communications service used by 

inmates for the purpose of 

communicating with individuals 

outside of the correctional facility where 

the inmate is held, regardless of 

technology used. 47 U.S.C. 153(1). 

Interoperable video conferencing 

service, in turn, is defined as: [a] service 

that provides real-time video 

communications, including audio, to 

enable users to share information of the 

user’s choosing. 47 U.S.C. 153(27). 

3. In 2011, when initially adopting 

rules to implement section 716 of the 

Act, the Commission attempted to 

determine what Congress meant by 

including the word ‘‘interoperable’’ as 

part of the term interoperable video 

conferencing service. Finding that the 

record before it was insufficient to 

decide this question, the Commission 

sought further comment on the issue. 

4. In June 2023, after refreshing the 

record on the definition of 

‘‘interoperable video conferencing 

service,’’ the Commission resolved this 

definitional issue. The Commission 

found no persuasive reason to modify or 

limit the scope of the statutory 

definition. Therefore, the Commission 

concluded that its part 14 accessibility 

rules apply to all services and 

equipment that meet the statutory 

definition. Given the extended 

pendency of questions regarding the 

application of part 14 of the 

Commission’s rules to video 

conferencing, the Commission 

recognized that some service providers 

might need additional time to comply 

with those rules, and therefore allowed 

IVCS providers until September 3, 2024, 

to come into compliance with its 

existing part 14 rules. 

5. Telecommunications Relay Services 

and Interoperable Video Conferencing 

Services. Enacted in 1990, Title IV of the 

Americans with Disabilities Act (ADA), 

codified as section 225 of the Act, 

directs the Commission to ‘‘ensure that 

interstate and intrastate 

telecommunications relay services are 

available, to the extent possible and in 

the most efficient manner,’’ to people in 

the United States with hearing or speech 

disabilities. TRS are defined as 


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