35426 Federal Register / Vol. 87, No. 112 / Friday, June 10, 2022 / Rules and Regulations 

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. 

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 

Cathy.Williams@fcc.gov. 

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 fcc504@fcc.gov 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 §§ 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 fulland 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 


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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-a`-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 fullscale 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. 


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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 § 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 interstation 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. 


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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 overinclusive 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 


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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 

§§ 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 §§ 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 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

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

■ 2. Delayed indefinitely, amend 

§ 73.316 as follows: 

■ a. Revise paragraph (c)(2)(iii); 

■ b. Redesignate paragraphs (c)(2)(iv) 

through (ix) as paragraphs (c)(2)(v) 

through (x); 

■ c. Add new paragraph (c)(2)(iv); and 

■ d. Revise newly redesignated 

paragraph (c)(2)(x). 

The revisions and addition read as 

follows: 

§ 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 § 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 § 73.215 or § 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 


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Federal Register / Vol. 87, No. 112 / Friday, June 10, 2022 / Rules and Regulations 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 § 73.215 on 

Channels 221 through 300, as required 

by § 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. 

* * * * * 

■ 3. Effective July 11, 2022, amend 

§ 73.1620 by revising paragraph (a)(3) to 

read as follows: 

§ 73.1620 Program tests. 

(a) * * * 

(3) FM licensees replacing a 

directional antenna pursuant to 

§ 73.1690(c)(2) without changes which 

require a construction permit (see 

§ 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 § 73.1690(c)(2). 

After review of the modification-oflicense 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. 

* * * * * 

■ 4. Delayed indefinitely, amend 

§ 73.1690 by revising paragraphs (c)(2) 

introductory text and (c)(2)(i) through 

(iii) to read as follows: 

§ 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 § 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 § 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 § 73.215 or 

§ 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 § 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 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2020–0130; 

FF09E21000 FXES1111090FEDR 223] 

RIN 1018–BF21 

Endangered and Threatened Wildlife 

and Plants; Endangered Species 

Status for Arizona Eryngo and 

Designation of Critical Habitat 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), determine 

endangered species status under the 

Endangered Species Act of 1973 (Act), 

as amended, for the Arizona eryngo 

(Eryngium sparganophyllum), a plant 

species native to Arizona and New 

Mexico in the United States, and to 

Sonora and Chihuahua in Mexico. We 

also designate critical habitat for the 

Arizona eryngo. In total, approximately 

12.7 acres (5.1 hectares) in Pima and 

Cochise Counties, Arizona, fall within 

the boundaries of the critical habitat 

designation. This rule extends the 

protections of the Act to this species 

and its designated critical habitat. 

DATES: This rule is effective July 11, 

2022. 

ADDRESSES: This final rule is available 

on the internet at https://

www.regulations.gov. Comments and 

materials we received, as well as 

supporting documentation we used in 

preparing this rule, are available for 

public inspection at https://

www.regulations.gov at Docket No. 

FWS–R2–ES–2020–0130. 

For the critical habitat designation, 

the coordinates or plot points or both 

from which the maps are generated are 

included in the decision file and are 

available at https://www.regulations.gov 

at Docket No. FWS–R2–ES–2020–0130. 

FOR FURTHER INFORMATION CONTACT: 

Heather Whitlaw, Arizona Ecological 


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