[Federal Register Volume 87, Number 112 (Friday, June 10, 2022)]
[Rules and Regulations]
[Pages 35426-35431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11688]



[[Page 35426]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 21-422; FCC 22-38; FR ID 89066]


FM Broadcast Radio Service Directional Antenna Performance 
Verification

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document the Federal Communications Commission 
(Commission or FCC) adopts changes to its rules and procedures for FM 
and Low Power FM (LPFM) broadcast license applicants to allow for 
verification of FM directional antenna patterns through computer models 
prepared by the directional antenna's manufacturer. The changes are 
designed to reduce the cost of designing and building an FM or LPFM 
directional antenna and, thus, of station construction. The changes are 
further designed to bring the Commission's rules for the FM and LPFM 
services into regulatory conformity with its rules governing AM and DTV 
directional antennas.

DATES: Effective July 11, 2022, except for amendments to 47 CFR 73.316 
and 73.1690, which are delayed indefinitely. The Commission will 
publish a separate document in the Federal Register announcing the 
effective date of these amendments.

FOR FURTHER INFORMATION CONTACT: Albert Shuldiner, Chief, Media Bureau, 
Audio Division, (202) 418-2721; Lisa Scanlan, Deputy Division Chief, 
Media Bureau, Audio Division, (202) 418-2704; Thomas Nessinger, Senior 
Counsel, Media Bureau, Audio Division, (202) 418-2709. For additional 
information concerning the Paperwork Reduction Act (PRA) information 
collection requirements contained in this document, contact Cathy 
Williams at 202-418-2918, or via the internet at 
<a href="/cdn-cgi/l/email-protection#89cae8fde1f0a7dee0e5e5e0e8e4fac9efeaeaa7eee6ff"><span class="__cf_email__" data-cfemail="6122001509184f36080d0d08000c12210702024f060e17">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order (R&O), MB Docket No. 21-422; FCC 22-38, adopted on May 19, 
2022, and released on May 19, 2022. 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 <a href="/cdn-cgi/l/email-protection#ec8a8f8fd9dcd8ac8a8f8fc28b839a"><span class="__cf_email__" data-cfemail="e3858080d6d3d7a3858080cd848c95">[email protected]</span></a> or calling the Commission's Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY). The Commission published the notice of proposed rulemaking 
(NPRM) at 86 FR 67886 on November 30, 2021.

Paperwork Reduction Act of 1995 Analysis

    This document contains new or modified information collection 
requirements subject to the Paperwork Reduction Act of 1995 (PRA), 
Public Law 104-13, see 44 U.S.C. 3507. The Commission, as part of its 
continuing effort to reduce paperwork burdens, will invite the general 
public and the Office of Management and Budget (OMB) to comment on the 
information collection requirements contained in the amendments to 
Sec. Sec.  73.316 and 73.1690, in a separate Federal Register document, 
as required by the Paperwork Reduction Act of 1995, Public Law 104-13, 
see 44 U.S.C. 3507. These new or modified information collections will 
become effective after the Commission publishes a document in the 
Federal Register announcing such approval and the relevant effective 
date.
    In addition, pursuant to the Small Business Paperwork Relief Act of 
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission 
previously sought specific comment on how the Commission might further 
reduce the information collection burden for small business concerns 
with fewer than 25 employees.

Congressional Review Act

    The Commission will send a copy of this R&O to Congress and the 
Government Accountability Office (GAO) pursuant to the Congressional 
Review Act, 5 U.S.C. 801(a)(1)(A).

Synopsis

    1. Introduction. In the R&O, the Commission amended its rules to 
allow FM and LPFM broadcasters using directional antennas to employ 
computer modeling to verify the antennas' directional patterns. This 
represents a change from the current requirement, set forth in 47 CFR 
73.316(c)(2)(iii), that an FM or LPFM directional antenna's performance 
be verified by the ``measured relative field pattern,'' and brings the 
rules for those services into regulatory conformity with the rules 
governing AM and DTV directional antennas.
    2. Four manufacturers of FM broadcast radio antennas and one 
licensee of FM broadcast stations (Joint Petitioners) filed a Petition 
for Rulemaking seeking to amend the Commission's rules to allow FM 
directional pattern verification by computer modeling. Currently, a 
permittee seeking to license a facility with a directional FM antenna 
system must provide verification that the directional pattern of the 
antenna conforms to what the Commission authorized in the construction 
permit. The applicant must submit, among other things, a plot of the 
composite pattern of the directional antenna, and a tabulation of the 
measured relative field pattern. The required tabulation and plot of 
the measured relative field pattern must be obtained either by building 
a full-size mockup of the antenna and supporting structures or by 
constructing a scale model of the antenna and structures on a test 
range or in an anechoic chamber. Joint Petitioners pointed out that FM 
radio is the only broadcast service that specifically requires stations 
using directional antennas to provide such physical measurements. Both 
the full- and scale-model measurement approaches, said Joint 
Petitioners, increase costs and are time-consuming. Joint Petitioners 
also pointed out a number of difficulties with physical measurement, 
such as problems in accurately replicating the installed antenna 
environment, including nearby structures that could affect the radiated 
pattern. A properly implemented computer model, according to Joint 
Petitioners, could take these factors into account, leading to a more 
accurate and less expensive pattern verification.
    3. The Commission released the NPRM on November 15, 2021, FCC 21-
117, in which it proposed to amend its rules to provide the option for 
verifying FM directional patterns through computer modeling, and sought 
comment on the proposal, which would apply not only to license 
applications for new FM facilities, but to FM broadcast station 
licensees applying to license facility modifications. The Commission 
proposed, among other things, that the license applicant must provide 
the Commission with details of the software tools used in modeling the 
antenna's directional pattern and the process by which the computer 
modeling was carried out, as well as the qualifications of the 
engineer(s) who designed, modeled, and provided installation 
instructions for the directional antenna. The NPRM also posed several 
questions designed to determine whether and how best to implement a 
computer modeling standard. It asked whether there are easily 
obtainable physical

[[Page 35427]]

measurements that can be used to verify the computer model's accuracy; 
whether there is a voluntary consensus standard or common computer 
model that antenna manufacturers and/or broadcast engineers agree 
provides the greatest accuracy; whether the most widely used 
directional FM antenna modeling software has a common theoretical basis 
that would allow Commission staff to evaluate the results generated by 
other software programs sharing the same theoretical basis; and how the 
staff should proceed in cases where there are interference complaints 
or other disputes as to the performance of a directional FM antenna 
that has been verified through a computer model (noting that such 
complaints are currently uncommon). Finally the NPRM sought general 
input regarding commenters' experiences with directional FM computer 
modeling software and its accuracy vis-[agrave]-vis real world 
performance.
    4. Discussion. Several commenters that shared their experiences 
with computer modeling provided positive reports on the accuracy of 
computer models in depicting an antenna's directional pattern. The 
majority of the comments favored the proposal to amend the rules to 
allow computer modeling to verify FM directional antenna patterns as a 
means to provide license applicants with greater flexibility and to 
reduce overall costs for antenna manufacturers and broadcasters.
    5. As discussed in more detail below, the Commission amended its 
rules to allow license applicants for directional FM facilities to 
verify the directional antenna patterns by submitting results from 
computer models depicting the antenna's performance, as long as they 
are generated by the antenna's manufacturer. This modest rule change 
allows for similar treatment of FM and LPFM directional antenna 
performance verification and AM and DTV licensing, which do not 
preclude the use of computer modeling to verify directional antenna 
performance. This rule change will reduce the cost of designing and 
building an FM or LPFM directional antenna, savings that should be 
passed on to the broadcast applicant and thus reduce the cost of 
station construction. Additionally, a less expensive directional 
antenna should provide an FM or LPFM applicant with greater flexibility 
in antenna siting. As is explained below, the Commission also declined 
to adopt several of the proposals in the NPRM.
    6. Based on strong record support that antenna manufacturers should 
be allowed to perform computer modeling of their products' directional 
patterns, the Commission updated 47 CFR 73.316, to provide license 
applicants with the option to submit either computer results generated 
by the antenna's manufacturer, or physical proof of antenna 
directionality pursuant to current practice. As one commenter stated, 
antenna manufacturers are in the best position to perform computer 
modeling of their own products because they have the historic data to 
know how a specific radiator performs in a particular environment. 
After reviewing the comments, as well as its rules and application 
procedures, the Commission was convinced that it can provide the 
intended regulatory relief for broadcasters and manufacturers with only 
this minimal change to its verification requirements. It further found 
that this change would achieve its goal of conforming the FM 
directional rules with similar rules governing AM and DTV stations 
(see, e.g., 47 CFR 73.151 (AM directional antenna systems), 73.685(f) 
(DTV directional antennas)), while maintaining the integrity of its 
licensing requirements. It concluded that because antenna manufacturers 
are best positioned to provide license applicants with accurate and 
sufficient proofs of performance using computer models, it should amend 
its rules to provide license applicants with the option to submit a 
computer-modeled proof of performance on the condition that such proof 
is provided to the licensee by the antenna manufacturer.
    7. Under current Commission rules, when license applicants submit 
the showings required by 47 CFR 73.316(c)(2)(iii), they almost always 
rely on antenna manufacturer-supplied tabulations of the measured 
relative field pattern, performed either on a full-scale test range or 
with a scale model of the antenna. The Commission wished to continue to 
rely on the antenna manufacturer to validate directionality as it 
introduced the option for computer modeling. It agreed with commenters 
that the manufacturers are in the best position to ensure the validity 
of the computer model and the accuracy of the results. It also found 
that manufacturers have an incentive to represent accurately their 
products' performance, both to protect their own reputations and to 
avoid negative consequences for their customers who face interference 
complaints and regulatory action if their antenna patterns do not match 
what is authorized in their license. Because there was general 
agreement among commenters that antenna manufacturers have the 
expertise and knowledge of their products to be able to model the 
directional patterns effectively, and because the manufacturers already 
provide measured field patterns to their broadcast applicant/customers 
for submission to the Commission, it found that license applicants may 
submit computer-generated pattern verification from the antenna's 
manufacturer in lieu of measured relative field patterns, under the 
conditions set forth below. The Commission acknowledged commenter 
concern that manufacturer data should not be automatically accepted 
without a demonstration that the modeler has a background in physics or 
electromagnetic theory, and expected that any manufacturer would have 
an interest in providing models prepared by engineers possessing such 
expertise. However, given the varying backgrounds of broadcast 
engineers, the Commission did not wish to codify what constitutes 
qualifications to perform computer modeling. Should a challenge arise 
to a computer model, the Commission can and would seek further 
information regarding that model, including the qualifications of those 
preparing and performing the modeling.
    8. The Commission declined to expand the range of entities 
authorized to perform computer modeling of directional FM antenna 
patterns beyond manufacturers at this time. Although commenters largely 
agreed that license applicants should be able to rely on manufacturer 
computer modeling to verify FM directional patterns for that 
manufacturer's antennas, there was less agreement as to whether others 
should be allowed to perform computer modeling to verify FM directional 
antenna patterns. The Commission declined at this time to expand the 
range of entities authorized to perform computer modeling of 
directional FM antenna patterns beyond antenna manufacturers. While 
acknowledging that there are individuals and entities other than 
antenna manufacturers that are qualified to perform computer modeling 
of directional FM antenna patterns, the Commission elected at this 
point to rely on antenna manufacturers to perform computer modeling 
consistent with current industry practice. Although there is no such 
limitation on those who can perform computer modeling for AM and DTV 
directional antennas, it found a more cautious approach is required for 
FM, given the greater number of FM stations versus DTV stations using 
directional antennas, and given that AM directional patterns are 
subject to continual verification through sampling that is not possible 
with FM directional antennas.

[[Page 35428]]

As more experience is gained with computer modeling of directional FM 
antenna patterns, the Commission will explore expanding the range of 
entities authorized to perform computer modeling beyond manufacturers.
    9. Although the NPRM asked several questions about which software 
products should be used for computer modeling, the Commission declined 
to prescribe any particular modeling software that the antenna 
manufacturers must use, instead leaving this to the manufacturer's 
discretion. Commenters generally agreed that it should not dictate 
specific software products, for reasons ranging from concern about 
creating software monopolies or duopolies, to cost of software 
generally, to encouraging creation of new and better software products. 
Based on the comments, the Commission concluded that antenna 
manufacturers should have discretion to use either commercially 
available software products or their own proprietary software subject 
to the requirements set out below. Thus, if the license applicant's 
submission includes modeled pattern predictions from a commercially 
available software program, the manufacturer's report need only 
identify it; if the antenna manufacturer generates results using custom 
software the manufacturer created or that was created for the 
manufacturer, the Commission will require a description of the software 
and the computational methods underlying the software sufficient to 
replicate the results if necessary.
    10. As proposed in the NPRM, no matter which model or software is 
used, when a license application includes a proof of FM directional 
antenna performance obtained through computer modeling, the Commission 
will require that the application include a statement setting forth the 
name(s) and qualifications of the engineer(s) who designed the antenna, 
performed the modeling, and prepared the manufacturer's instructions 
for installing the antenna. The submission must also include a 
statement from such engineer(s) identifying and describing the software 
tools used in the model and the procedures used in running the 
software. It will also require a certification that the software 
executed normally without generating any error messages or warnings 
indicating something was wrong with the inputs. As proposed in the 
NPRM, and supported by commenters, such computer modeling must analyze 
the antenna mounted on a tower or tower section, and the tower or tower 
section model must include transmission lines, appurtenances, ladders, 
conduits, other antennas, and any other installations that could affect 
the computer modeled directional pattern. The submission statement must 
list and describe all such elements and structures included in the 
model.
    11. The Commission also found sufficient reason to require 
verification of the accuracy of the pattern generated using a 
particular modeling software once for each directional antenna model 
number or standardized series of elements. Several commenters suggested 
that, once a directional antenna is modeled using a particular modeling 
software, a full-size or scale model of that antenna, or a single 
element thereof, should be constructed and the pattern measured in 
order to test the validity of the modeling method, with two of those 
commenters stating that once this process is completed for a particular 
antenna using a particular modeling software, it need not be repeated 
unless the modeling method changes. The Commission agreed, and stated 
that in order to assist Commission staff in accuracy verification, the 
first time the directional pattern of a particular model of antenna is 
verified using a particular modeling software, it will require the 
license applicant to submit to the Commission both the results of the 
computer modelling and measurements of either a full-size or scale 
model of the antenna or elements thereof, demonstrating reasonable 
correlation between the measurements achieved and the computer model 
results. Once a particular antenna model or series of elements has been 
verified by any license applicant using a particular modeling software, 
the Commission will permit all subsequent license applicants using the 
same antenna model number or elements and using the same modeling 
software to submit the computer model for the subsequent antenna 
installation, and to cross-reference the original submission by 
providing the application file number. The Commission believed that 
this will provide a sufficient basis to verify that the computer model 
has been shown correctly to describe the pattern generated by the 
antenna or elements.
    12. These changes, in combination with the Commission's existing 
requirement that the license applications include the tabulations and 
plot of the directional pattern prescribed in Sec.  73.316, were deemed 
to be a sufficient basis for Commission staff to evaluate applications 
involving FM directional antennas. Applicants will be required to 
submit, as they do now, a statement from the engineer responsible for 
installing the antenna, certifying that the antenna has been installed 
pursuant to the manufacturer's instructions, and a statement from a 
licensed surveyor, verifying that the antenna is properly oriented.
    13. In light of the record, the Commission did not change its 
current policies regarding interference complaints or disputes. In the 
NPRM, it asked whether its existing policies are sufficient to resolve 
any interference complaints or disputes pertaining to directional FM 
antennas. Most commenters agreed that interference was not and would 
not be a problem, and no changes to current interference rules and 
procedures were requested. One commenter, which did not support 
computer modeling, contended that the proposed rule changes will 
increase FM interference due to modeled directional patterns that do 
not accurately reflect the actual directional signals. It also argued 
that this will increase inter-station interference disputes because 
full-service FM stations, unlike secondary services such as FM 
translators, need not cease operations upon receiving interference 
complaints. While acknowledging these concerns, the Commission stated 
that by requiring initial computer models of antennas and components 
using a particular modeling software to be verified by measurements, 
these concerns are sufficiently addressed.
    14. The Commission found that its action provided the least 
disruptive means to update licensing of FM stations with directional 
antennas, while still allowing for the benefits of computer modeling 
set forth in the Joint Petition and the NPRM. It reiterated that the 
rule changes adopted are optional, and that applicants may still submit 
measured relative field patterns rather than computer modeled patterns 
if they so desire. The Commission finally found that the record did not 
provide sufficient support for further changes to its application 
procedures, nor does it support changes to our interference complaint 
and resolution policies, and therefore made no other changes to its 
rules at this time.

Procedural Matters

    15. 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 NPRM to this 
proceeding. The Commission sought written public comment on the 
proposals in the NPRM, including comment on the IRFA. The Commission 
received no comments on the IRFA. This Final Regulatory Flexibility 
Analysis (FRFA) conforms to the RFA. See 5 U.S.C. 604.

[[Page 35429]]

    16. Need for, and Objectives of, the Report and Order. This 
document adopts rule changes to provide FM and Low-Power FM (LPFM) 
license applicants the option to submit computer models to verify 
directional antenna patterns on condition that such proof is provided 
to the licensee by the antenna manufacturer.
    17. Amending these rules will allow for similar treatment of 
directional FM stations and directional TV, DTV, and AM broadcast 
stations, and will eliminate unnecessary burdens on broadcasters.
    18. Summary of Significant Issues Raised by Public Comments in 
Response to the IRFA. There were no comments to the IRFA filed.
    19. Response to Comments by the Chief Counsel for Advocacy of the 
Small Business Administration. 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. 
The Chief Counsel did not file any comments in response to the proposed 
rules in this proceeding.
    20. Description and Estimate of the Number of Small Entities to 
Which the Rules Apply. The RFA directs the Commission to provide a 
description of and, where feasible, an estimate of the number of small 
entities that will be affected by the rules adopted herein. The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' ``small organization,'' and ``small 
government jurisdiction.'' In addition, the term ``small business'' has 
the same meaning as the term ``small business concern'' under the Small 
Business Act. A small business concern is one which: (1) is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
Small Business Administration (SBA).
    21. Radio Stations. Radio stations are an Economic Census category 
that ``comprises establishments primarily engaged in broadcasting aural 
programs by radio to the public. Programming may originate in their own 
studio, from an affiliated network, or from external sources.'' The SBA 
has established a small business size standard for this category as 
firms having $41.5 million or less in annual receipts. 13 CFR 121.201, 
NAICS code 515112 Radio Stations.
    22. Economic Census data for 2012 shows that 2,849 radio station 
firms operated during that year. Of that number, 2,806 operated with 
annual receipts of less than $25 million per year, and 43 firms had 
annual receipts of $25 million or more. Because the Census has no 
additional classifications that could serve as a basis for determining 
the number of stations whose receipts exceeded $41.5 million in that 
year, the Commission concluded that the majority of radio broadcast 
stations were small entities under the applicable SBA size standard.
    23. Apart from the U.S. Census, the Commission has estimated the 
number of licensed commercial FM stations to be 6,763. According to 
BIA/Kelsey Publications, Inc.'s Media Access Pro Database, as of March 
2020, 6,762 commercial FM stations had revenues of $41.5 million or 
less. In addition, the Commission has estimated the number of 
noncommercial educational FM radio stations to be 4,119, and the number 
of Low Power FM (LPFM) stations to be 2,049. NCE stations are non-
profit, and all LPFM stations are NCE stations, and all are therefore 
considered to be small entities. Accordingly, the Commission estimates 
that the majority of radio broadcast stations are small entities. In 
assessing whether a business concern qualifies as small under the above 
definition, however, business (control) affiliations must be included. 
This estimate, therefore, likely overstates the number of small 
entities that might be affected by the Commission's action, because the 
revenue figure on which it is based does not include or aggregate 
revenues from affiliated companies.
    24. Moreover, as noted above, an element of the definition of 
``small business'' is that the 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 station is 
dominant in its field of operation. Accordingly, the estimate of small 
businesses to which rules may apply does not exclude any radio station 
from the definition of a small business on this basis and therefore may 
be over-inclusive to that extent. Also, as noted, an additional element 
of the definition of ``small business'' is that the entity must be 
independently owned and operated. The Commission notes that it is 
difficult at times to assess these criteria in the context of media 
entities and the estimates of small businesses to which they apply may 
be over-inclusive to this extent.
    25. Description of Projected Reporting, Record Keeping and Other 
Compliance Requirements. The rule changes adopted in the Report and 
Order do not include any notification or recordkeeping requirements.
    26. Steps Taken to Minimize Significant Impact on Small Entities, 
and Significant Alternatives Considered. The RFA requires an agency to 
describe any significant alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): (1) the establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance or 
reporting requirements under the rule for small entities; (3) the use 
of performance, rather than design, standards; and (4) an exemption 
from coverage of the rule, or any part thereof, for small entities.
    27. The rules adopted or amended in the Report and Order, while 
potentially imposing new substantive requirements on FM and LPFM radio 
stations, are voluntary in nature, giving applicants for licensing 
directional FM broadcast stations the option of submitting computer 
models rather than submitting measured directional patterns. Applicants 
wishing to continue submitting measured patterns may do so; however, it 
is anticipated that computer modeling will save applicants money and 
may increase the accuracy of the directional pattern verification. 
Significant alternatives would include continuing to require 
submissions of measured FM directional antenna patterns rather than 
computer models; however, in the Commission's judgment the option of 
submitting computer models rather than measurements reduces financial 
burdens to FM stations when installing an FM directional antenna.
    28. Report to Congress. The Commission will send a copy of the 
Report and Order, including the FRFA, in a report to Congress and the 
Government Accountability Office pursuant to the Small Business 
Regulatory Enforcement Fairness Act of 1996. In addition, the 
Commission will send a copy of the Report and Order, including the 
FRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration. A copy of the Report and Order and FRFA (or summaries 
thereof) will also be published in the Federal Register.
    29. Paperwork Reduction Act Analysis. The Report and Order may 
contain new or modified information collection requirements subject to 
the Paperwork Reduction Act of 1995 (PRA), Public Law 104-13. The

[[Page 35430]]

requirements will be submitted to the Office of Management and Budget 
(OMB) for review under section 3507(d) of the PRA. OMB, the general 
public, and other Federal agencies are invited to comment on the 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, see 44 U.S.C. 
3506(c)(4), we previously sought specific comment on how the Commission 
might further reduce the information collection burden for small 
business concerns with fewer than 25 employees.
    30. 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 Report and Order to Congress and 
the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).

Ordering Clauses

    31. Accordingly, it is ordered that, pursuant to the authority 
contained in sections 1, 4(i), 4(j), 301, 303, 307, 308, 309, 316, and 
319 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 
154(i), 154(j), 301, 303, 307, 308, 309, 316, and 319, the Report and 
Order is adopted and will become effective 30 days after publication in 
the Federal Register.
    32. It is further ordered that Part 73 of the Commission's rules is 
amended as set forth in the Final Rules, and such rule amendments will 
become effective 30 days after publication in the Federal Register, 
except that the rule changes to Sec. Sec.  73.316 and 73.1690, which 
may contain new or modified information collection requirements, will 
not become effective until the Office of Management and Budget 
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 dates 
for the rule changes to Sec. Sec.  73.316 and 73.1690 by subsequent 
Public Notice.
    33. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of the Report and Order, including the Final Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration.
    34. It is further ordered that the Commission shall send a copy of 
the Report and Order in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).
    35. It is further ordered that, should no petitions for 
reconsideration or petitions for judicial review be timely filed, MB 
Docket No. 21-422 shall be terminated and its docket closed.

List of Subjects in 47 CFR Part 73

    Communications equipment, Radio, Reporting and recordkeeping 
requirements, Television.

Federal Communications Commission.
Marlene Dortch,
Secretary.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 73 as follows:

PART 73--RADIO BROADCAST SERVICES

0
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.

0
2. Delayed indefinitely, amend Sec.  73.316 as follows:
0
a. Revise paragraph (c)(2)(iii);
0
b. Redesignate paragraphs (c)(2)(iv) through (ix) as paragraphs 
(c)(2)(v) through (x);
0
c. Add new paragraph (c)(2)(iv); and
0
d. Revise newly redesignated paragraph (c)(2)(x).
    The revisions and addition read as follows:


Sec.  73.316 FM   antenna systems.

* * * * *
    (c) * * *
    (2) * * *
    (iii) A tabulation of the measured or computer modeled relative 
field pattern required in paragraph (c)(1) of this section. The 
tabulation must use the same zero degree reference as the plotted 
pattern, and must contain values for at least every 10 degrees. 
Sufficient vertical patterns to indicate clearly the radiation 
characteristics of the antenna above and below the horizontal plane. 
Complete information and patterns must be provided for angles of -10 
deg. from the horizontal plane and sufficient additional information 
must be included on that portion of the pattern lying between + 10 deg. 
and the zenith and -10 deg. and the nadir, to conclusively demonstrate 
the absence of undesirable lobes in these areas. The vertical plane 
pattern must be plotted on rectangular coordinate paper with reference 
to the horizontal plane. In the case of a composite antenna composed of 
two or more individual antennas, the composite antenna pattern should 
be used, and not the pattern for each of the individual antennas.
    (iv) When the relative field pattern is computer modeled, as 
permitted in paragraphs (c)(2)(iii) and (x) of this section and in 
Sec.  73.1690(c)(2), the computer model must be generated by the 
manufacturer of the antenna, and must include a statement from the 
engineer(s) responsible for designing the antenna, performing the 
modeling, and preparing the manufacturer's instructions for 
installation of the antenna, that identifies and describes the software 
tool(s) used in the modeling and the procedures applied in using the 
software. It must also include a certification that the software 
executed normally without generating any error messages or warnings 
indicating an error in the program inputs. Such computer modeling shall 
include modeling of the antenna mounted on a tower or tower section, 
and the tower or tower section model must include transmission lines, 
ladders, conduits, appurtenances, other antennas, and any other 
installations that may affect the computer modeled directional pattern. 
The first time the directional pattern of a particular model of antenna 
is verified using a particular modeling software, the license applicant 
must submit to the Commission both the results of the computer modeling 
and measurements of either a full-size or scale model of the antenna or 
elements thereof, demonstrating reasonable correlation between the 
measurements achieved and the computer model results. Once a particular 
antenna model or series of elements has been verified by any license 
applicant using a particular modeling software, subsequent license 
applicants using the same antenna model number or elements and using 
the same modeling software to verify the directional pattern may submit 
the computer model for the subsequent antenna installation and cross-
reference the original submission by providing the application file 
number.
* * * * *
    (x)(A) For a station authorized pursuant to Sec.  73.215 or Sec.  
73.509, a showing that the root mean square (RMS) of the measured or 
computer modeled composite antenna pattern (encompassing both the 
horizontally and vertically polarized radiation components (in relative 
field)) is at least 85 percent of the RMS of the authorized

[[Page 35431]]

composite directional antenna pattern (in relative field). The RMS 
value, for a composite antenna pattern specified in relative field 
values, may be determined from the following formula:

RMS = the square root of:
[(relative field value 1)\2\ + (relative field value 2)\2\ + .... + 
(last relative field value)\2\]
total number of relative field values

    (B) Where the relative field values are taken from at least 36 
evenly spaced radials for the entire 360 degrees of azimuth. The 
application for license must also demonstrate that coverage of the 
community of license by the 70 dBu contour is maintained for stations 
authorized pursuant to Sec.  73.215 on Channels 221 through 300, as 
required by Sec.  73.315(a), while noncommercial educational stations 
operating on Channels 201 through 220 must show that the 60 dBu contour 
covers at least a portion of the community of license.
* * * * *

0
3. Effective July 11, 2022, amend Sec.  73.1620 by revising paragraph 
(a)(3) to read as follows:


Sec.  73.1620   Program tests.

    (a) * * *
    (3) FM licensees replacing a directional antenna pursuant to Sec.  
73.1690(c)(2) without changes which require a construction permit (see 
Sec.  73.1690(b)) may immediately commence program test operations with 
the new antenna at one half (50%) of the authorized ERP upon 
installation. If the directional antenna replacement is an EXACT 
duplicate of the antenna being replaced (i.e., same manufacturer, 
antenna model number, and measured or computer modeled composite 
pattern), program tests may commence with the new antenna at the full 
authorized power upon installation. The licensee must file a 
modification of license application on FCC Form 2100, Schedule 302-FM 
within 10 days of commencing operations with the newly installed 
antenna, and the license application must contain all of the exhibits 
required by Sec.  73.1690(c)(2). After review of the modification-of-
license application to cover the antenna change, the Commission will 
issue a letter notifying the applicant whether program test operation 
at the full authorized power has been approved for the replacement 
directional antenna.
* * * * *

0
4. Delayed indefinitely, amend Sec.  73.1690 by revising paragraphs 
(c)(2) introductory text and (c)(2)(i) through (iii) to read as 
follows:


Sec.  73.1690   Modification of transmission systems.

* * * * *
    (c) * * *
    (2) Replacement of a directional FM antenna, where the measured or 
computer modeled composite directional antenna pattern does not exceed 
the licensed composite directional pattern at any azimuth, where no 
change in effective radiated power will result, and where compliance 
with the principal coverage requirements of Sec.  73.315(a) will be 
maintained by the measured or computer modeled directional pattern. The 
antenna must be mounted not more than 2 meters above or 4 meters below 
the authorized values. The modification of license application on FCC 
Form 2100, Schedule 302-FM to cover the antenna replacement must 
contain all of the data in paragraphs (c)(2)(i) through (v) of this 
section. Program test operations at one half (50%) power may commence 
immediately upon installation pursuant to Sec.  73.1620(a)(3). However, 
if the replacement directional antenna is an exact replacement (i.e., 
no change in manufacturer, antenna model number, AND measured or 
computer modeled composite antenna pattern), program test operations 
may commence immediately upon installation at the full authorized 
power.
    (i) A measured or computer modeled directional antenna pattern and 
tabulation on the antenna manufacturer's letterhead showing both the 
horizontally and vertically polarized radiation components and 
demonstrating that neither of the components exceeds the authorized 
composite antenna pattern along any azimuth.
    (ii) Contour protection stations authorized pursuant to Sec.  
73.215 or Sec.  73.509 must attach a showing that the RMS (root mean 
square) of the composite measured or computer modeled directional 
antenna pattern is 85% or more of the RMS of the authorized composite 
antenna pattern. See Sec.  73.316(c)(9). If this requirement cannot be 
met, the licensee may include new relative field values with the 
license application to reduce the authorized composite antenna pattern 
so as to bring the measured or computer modeled composite antenna 
pattern into compliance with the 85 percent requirement.
    (iii) A description from the manufacturer as to the procedures used 
to measure or computer model the directional antenna pattern. The 
antenna measurements or computer modeling must be performed with the 
antenna mounted on a tower, tower section, or scale model equivalent to 
that on which the antenna will be permanently mounted, and the tower or 
tower section must include transmission lines, ladders, conduits, other 
antennas, and any other installations which may affect the measured or 
computer modeled directional pattern.
* * * * *
[FR Doc. 2022-11688 Filed 6-9-22; 8:45 am]
BILLING CODE 6712-01-P


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