36440 Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Proposed Rules 

20701. U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

D Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

People with Disabilities. 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 & Government Affairs 

Bureau at 202–418–0530 (voice, 202– 

418–0432 (tty). 

Ex Parte Rules. This proceeding shall 

be treated as a ‘‘permit-but-disclose’’ 

proceeding in accordance with the 

Commission’s ex parte rules. Persons 

making ex parte presentations must file 

a copy of any written presentation or a 

memorandum summarizing any oral 

presentation within two business days 

after the presentation (unless a different 

deadline applicable to the Sunshine 

period applies). Persons making oral ex 

parte presentations are reminded that 

memoranda summarizing the 

presentation must: (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made; and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenters 

written comments, memoranda, or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with section 

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

proceedings governed by section 1.49(f) 

of the rules or for which the 

Commission has made available a 

method of electronic filing, written ex 

parte presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml., .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

FOR FURTHER INFORMATION CONTACT: Ross 

Fisher, Wireline Competition Bureau, 

202–418–7400. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Public 

Notice in WC Docket Nos. 21–450, 20– 

445, DA 22–574, released May 23, 2022. 

Due to the COVID–19 pandemic, the 

Commission’s headquarters will be 

closed to the general public until further 

notice. The full text of this document is 

available at the following internet 

address: https://docs.fcc.gov/public/ 

attachments/DA-22-574A1.pdf. 

Synopsis 

1. The Wireline Competition Bureau 

(Bureau) seeks comment on a petition 

filed by the National Lifeline 

Association (NaLA). NaLA seeks 

clarification of the Bureau and 

Enforcement Bureau Chiefs’ authority to 

suspend a participating provider’s 

Affordable Connectivity Program (ACP) 

enrollments and hold a participating 

provider’s funding based on the 

‘‘adequate evidence’’ standard, or in the 

alternative, reconsideration of the 

removal rule (47 CFR 54.1801(e)(2)). 

NaLA also seeks reconsideration or 

clarification of the requirement that an 

ACP participating provider offering 

connected devices provide price 

information for at least one of the 

analogous devices from a major retailer. 

Federal Communications Commission. 

Cheryl Callahan, 

Assistant Chief, Telecommunications Access 

Policy Division, Wireline Competition Bureau. 

[FR Doc. 2022–12456 Filed 6–16–22; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 74 

[OMB Docket No. 03–185; FCC 22–40; FR 

ID 91304] 

Amendment of the Commission’s 

Rules To Establish Rules for Digital 

Low Power Television and Television 

Translator Stations 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rules. 

SUMMARY: In this Fifth Notice of 

Proposed Rulemaking (NPRM), FCC 22– 

40, released June 7, 2022, the 

Commission seeks comment on the 

operation of analog FM radio services by 

channel 6 digital low power television 

stations. The Commission also seeks 

comment on a proposal by National 

Public Radio to license additional 

noncommercial educational FM radio 

stations on 82–88 MHz in areas where 

channel 6 low power television and fullpower stations are currently not 

operating. Finally, the Commission 

seeks comment on whether to eliminate 

or revise the television channel 6 

distance separation rules for FM radio 

stations operating on reserved band FM 

channels 201–220. 

DATES: 

Comment Date: July 18, 20220. 

Reply Comment Date: August 1, 2022. 

ADDRESSES: You may submit comments, 

identified by MB Docket No. 03–185, 

FCC 22–40, by any of the following 

methods: 

D Federal Communications 

Commission’s Website: https://

apps.fcc.gov/ecfs/. Follow the 

instructions for submitting comments. 

D Mail: Office of the Secretary, 

Federal Communications Commission, 

45 L Street NE, Washington, DC 20554. 

D People with Disabilities: Contact the 

FCC to request reasonable 

accommodations (accessible format 

documents, sign language interpreters, 

CART, etc.) by email: FCC504@fcc.gov 

or phone: 202–418–0530 or TTY: 202– 

418–0432. 

For detailed instructions for 

submitting comments and additional 

information on the rulemaking process, 

see the SUPPLEMENTARY INFORMATION

section of this document. 

FOR FURTHER INFORMATION CONTACT: 

Shaun Maher, Media Bureau, at (202) 

418–2324 or Shaun.Maher@fcc.gov. 

SUPPLEMENTARY INFORMATION: Pursuant 

to sections 1.415 and 1.419 of the 

Commission’s rules, 47 CFR 1.415, 

1.419, interested parties may file 

comments and reply comments on or 

before the dates indicated on the first 

page of this document. Comments may 

be filed using the Commission’s 

Electronic Comment Filing System 

(ECFS). See Electronic Filing of 

Documents in Rulemaking Proceedings, 

63 FR 24121 (1998). 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS: https://

apps.fcc.gov/ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

• Filings can be sent by commercial 

overnight courier, or by first-class or 

overnight U.S. Postal Service mail. All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• Commercial overnight mail (other 

than U.S. Postal Service Express Mail 


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and Priority Mail) must be sent to 9050 

Junction Drive, Annapolis Junction, MD 

20701. U.S. Postal Service first-class, 

Express, and Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Effective March 19, 2020, and until 

further notice, the Commission no 

longer accepts any hand or messenger 

delivered filings. This is a temporary 

measure taken to help protect the health 

and safety of individuals, and to 

mitigate the transmission of COVID–19. 

See FCC Announces Closure of FCC 

Headquarters Open Window and 

Change in Hand-Delivery Policy, Public 

Notice, DA 20–304 (March 19, 2020). 

https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy. 

People with Disabilities: 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 & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (TTY). 

Paperwork Reduction Act of 1995 

Analysis: This document proposes new 

or modified information collection 

requirements. The Commission, as part 

of its continuing effort to reduce 

paperwork burdens and pursuant to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13, invites the general 

public and the Office of Management 

and Budget (OMB) to comment on these 

information collection requirements. In 

addition, pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4), we seek specific comment on 

how we might further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees. 

Synopsis 

1. In this NPRM, the Commission 

seeks comment on the operation of 

analog FM radio services by channel 6 

digital low power television stations 

(FM6 operations). The Commission has 

been considering this issue since 2014, 

when, in the LPTV DTV Third NPRM in 

this proceeding, it sought comment on 

whether to allow analog channel 6 low 

power television (LPTV) stations to 

provide FM6 operations after they 

converted to digital operations on July 

13, 2021—the LPTV digital transition 

deadline. The Commission asked if 

LPTV stations operating on digital 

channel 6 could be allowed to continue 

their FM6 radio operations on an 

ancillary or supplementary basis. 

2. The LPTV digital transition is now 

complete, with analog television 

operations terminated and channel 6 

LPTV stations operating in digital. 

However, the Commission has granted 

STAs to 13 channel 6 LPTV stations to 

continue providing analog FM6 service. 

In these circumstances, the Commission 

seeks comment on whether allowing 

continued FM6 analog radio operations 

by existing digital channel 6 LPTV 

stations serves the public interest. In 

addition, the Commission seeks 

comment on whether to eliminate or 

revise the television channel 6 (TV6) 

distance separation rules for low power 

FM (LPFM), noncommercial educational 

(NCE) FM, Class D (10 watt) FM, and 

FM translator stations operating on 

reserved band FM Channels 201–220. 

Public Interest Benefits of Continued 

FM6 Operations 

3. With the LPTV digital transition 

complete, the Commission seeks 

comment on whether it is in the public 

interest to allow continued FM6 

operations in the digital LPTV world, 

and whether it should be authorized to 

continue in any capacity. Throughout 

this proceeding, FM6 supporters have 

trumpeted the merits of FM6 operations 

by maintaining that they provide 

diverse, niche, and local programming 

that is not otherwise available in the 

stations’ communities. The FM6 stations 

state that ‘‘[t]he multi-dimensional use 

of analog channel 6 has given a voice to 

diverse constituencies and ethnic 

groups unable to find a home anywhere 

else on the FM dial.’’ Importantly, FM6 

commenters state that their LPTV 

television stations provide vital video 

content including weather, traffic, 

community event calendars, news and 

sports tickers and more. 

4. Prior to the LPTV digital transition, 

the Commission estimates that there 

were close to 30 FM6 stations, based on 

representations made in the record in 

this proceeding. Today, it is believed 

that only 13 FM6 stations remain, in 

light of the impact on digital transition 

on channel 6 operations. The 

Commission seeks comment on whether 

this belief is correct and whether the 

reduction in the number of FM6 stations 

is the result of stations having to convert 

to digital last year. In addition, the 

Commission seeks comment on the 

extent to which in the post-LPTV digital 

transition world, consumers rely on 

FM6 programming. It is noted that the 

Commission has historically been 

reluctant to regulate based upon 

programming decisions made by 

broadcasters. With that policy in mind, 

the Commission reminds commenters 

that FM6 station programming can be 

changed—FM6 stations, like other 

broadcast stations, are not required to 

air any particular type of programming. 

Thus, even to the extent that some of 

these stations do provide useful 

programming to local and niche 

audiences, that could change at any 

time. The Commission also notes that 

many FM6 stations have longstanding 

programming with entrenched 

audiences. The Commission seeks 

comment on whether these 

programming concerns should enter 

into our public interest analysis of FM6 

services. 

5. The Commission asks commenters 

to weigh the current radio programming 

benefits of FM6 stations against the lost 

opportunities from expanded adjacent 

NCE FM service or digital LPTV service 

on channel 6. For example, the Channel 

6 Commenters maintain that LPTV 

licensees should be allowed to make 

‘‘the most efficient use of spectrum’’ by 

providing FM6 services on an ancillary 

or supplementary basis. PCPC argues 

that allowing digital television stations 

to offer additional services on existing 

channels is efficient spectrum use. On 

the other hand, FM6 opponents contend 

that FM6 operations are not an efficient 

use of spectrum—using a full 6 MHz 

television channel to provide a 200 KHz 

aural service is not, according to these 

commenters, maximizing the potential 

of this scarce resource. In addition, 

opponents argue that because there are 

no programming rules for LPTV 

stations, FM6 stations could, in the 

absence of such requirements, provide 

only minimal visual programming. 

While the Commission notes that 

providing visual programming has been 

a condition of the current FM6 STAs, it 

recognizes that some FM6 stations have 

a history of such minimal video service. 

These opponents also argue that FM6 is 

at odds with the underlying statutory 

purpose of permitting ancillary or 

supplementary services: to enhance the 

use of existing spectrum, consistent 

with the Commission’s basic statutory 

responsibility to manage the radiofrequency spectrum in the public 

interest. The Commission seeks 

comment on these assertions and 

whether continued FM6 operation is an 

efficient use of Commission spectrum. 

Does allowing continued analog FM6 

operations comport with recent 

Commission efforts to adopt more 

efficient and innovative use of digital 

television spectrum? 

6. To the extent that FM6 

programming is fulfilling a 

programming need, the Commission 

seeks comment on whether it could be 

provided through other means of 

delivery. Specifically, the Commission 

seeks comment on whether FM6 

programming could be delivered as a 


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digital audio-only stream on one of the 

LPTV station’s multicast channels, via a 

lease of digital subchannels on local FM 

or LPFM stations, through the internet, 

or by entities obtaining an FM or LPFM 

radio license. Would these alternatives 

be more spectrally efficient? What is 

unique about FM6 operations that 

merits continued service through its 

existing means of delivery? 

FM6 Operations as Ancillary or 

Supplementary Services 

7. The Commission has twice sought 

comment on whether FM6 operations 

comply with the ancillary or 

supplementary provisions in the Act 

and the Commission’s rules, whether 

the operation of analog FM radio 

services in conjunction with a digital 

television service would cause 

impermissible interference to other 

licensees, and, if permitted to continue, 

how best to authorize FM6 operations. 

The Commission once again seeks 

comment on these issues and whether 

and how recent developments in the 

LPTV service should affect its analysis. 

Compliance With the Communications 

Act and Commission Rules 

8. If the Commission permits FM6 

operations as an ancillary or 

supplementary service, it seeks 

comment on whether to adopt a rule to 

formally authorize such operations and 

whether such a rule should include 

provisions requiring FM6 operations be 

subject to any or all of the conditions 

that were included in the FM6 

engineering STAs. Throughout this 

proceeding, the Commission has asked 

whether a digital LPTV station can 

provide an analog FM radio-type service 

as an ancillary or supplementary service 

consistent with the Act and our rules. 

The Commission specifically focused on 

the rule requirement that digital LPTV 

stations, when operating, must transmit 

an over-the-air video program signal at 

no direct charge to viewers. In addition, 

the Commission has pointed to section 

336(b)(1) of the Act that mandates that 

the Commission permit ancillary or 

supplementary services only ‘‘if the use 

of a designated frequency for such 

services is consistent with the 

technology or method designated by the 

Commission for the provision of 

advanced television services.’’ The 

Commission questioned whether a 

digital LPTV station offering FM6 

services on an ancillary or 

supplementary basis would be able to 

satisfy these requirements. 

9. Would adopting a rule for FM6 

operations that would codify conditions 

like those found in the FM6 engineering 

STAs help satisfy compliance with 

these rule and statutory provisions? As 

noted above, the engineering STAs that 

FM6 stations are currently operating 

under contain conditions including: (1) 

a requirement that FM6 operations be 

conducted in ATSC 3.0 digital format; 

(2) FM6 operations may only be 

conducted on 87.75 MHz; (3) no 

interference is permitted to any other 

licensed user, including but not limited 

to broadcast television or radio users; (4) 

the station’s audio and video coverage 

must reach similar populations; (5) the 

station must submit written reports, 90 

days from the date of grant of the STA 

and again 180 days later detailing any 

reports of interference and a 

demonstration that the station’s audio 

and video coverage reach similar 

populations; (6) the station must 

provide at least one stream of 

synchronized video and audio 

programming on the ATSC 3.0 portion 

of the spectrum on a full time (24x7) 

basis; (7) the station’s technical facilities 

may not be modified; and (8) the station 

may not be assigned or transferred. The 

Commission seeks comment on whether 

to require that FM6 stations operate 

subject to a similar set of rules, with 

some modifications and omissions and 

in the proposed rule, as a means to 

resolve the outstanding issues 

surrounding FM6 operations as an 

digital LPTV station’s ancillary or 

supplementary service. 

10. ATSC 3.0, 87.75 MHz and No 

Interference Requirements. The 

Commission proposes that FM6 stations 

be operating in ATSC 3.0 digital format; 

that FM6 operations may only be 

conducted on 87.75 MHz; and that no 

interference be permitted to any other 

licensed user, including but not limited 

to broadcast television or radio users. By 

adopting a rule that authorizes service 

pursuant to these requirements, the 

Commission seeks to prevent the types 

of interference that were a concern for 

FM6 stations operating in ATSC 1.0. As 

discussed more fully below, unlike 

ATSC 1.0, the ATSC 3.0 digital format 

appears to be more configurable and 

allows for the digital TV signal to be 

made narrower purportedly helping to 

overcome the harmful interference to 

FM radio stations that FM6 opponents 

suggest could emanate from FM6 

operations. The Commission seeks 

comment on these rule provisions. 

11. Separately, the Commission seeks 

comment on whether requiring FM6 

services to be conducted only in 

conjunction with an ATSC 3.0 digital 

operation also has the benefit of 

satisfying the requirement of section 

336(b)(1) of the Act that the ‘‘use of a 

designated frequency for [ancillary or 

supplementary] services is consistent 

with the technology or method 

designated by the Commission for the 

provision of advanced television 

services.’’ Specifically, commenters 

were asked to address whether and how 

analog use of a digital channel is 

‘‘consistent with’’ the digital technology 

mandated by the Commission for the 

provision of advanced television 

services. FM6 opponents have 

maintained throughout this proceeding 

that a digital LPTV station providing 

FM6 services was not consistent with 

existing the ATSC digital standard, 

which at the time they commented was 

ATSC 1.0. They contended that a 

revision to the digital standard would 

have to be adopted in order for FM6 to 

be permitted. FM6 stations disagreed, 

saying digital LPTV stations providing 

an analog FM radio service would be in 

compliance with the Commission’s 

digital broadcast television transmission 

standard as set forth in section 74.795(b) 

of the rules that provides that digital 

transmitters be designed to produce 

digital television signals that can be 

‘‘satisfactorily viewed’’ on consumer 

receiving equipment based on the 

digital broadcast television transmission 

standard in section 73.682(d) the rules. 

FM6 stations argued that they would 

provide a ATSC 3.0 digital television 

signal that would meet the requirements 

of section 74.795(b) in addition to the 

separate analog FM radio signal. 

12. Has the fact that FM6 services are 

now being offered via ATSC 3.0 digital 

stations changed these arguments? The 

Commission notes that the ATSC 3.0 

standard also does not have a provision 

specific to FM6. And, as NPR notes, in 

the Commission’s ATSC 3.0 R&O 

released in December 2020, the 

Commission amended the definition of 

the minimum standard definition digital 

television signal for full-power stations, 

removed all references to the analog 

standard, and confirmed that it 

‘‘continue[d] to ‘expect that the 

fundamental use of the 6 MHz DTV 

license will be for the provision of free 

over-the-air television service.’ ’’ Given 

the fact that analog television is now 

truly a legacy service, does operation of 

an analog FM radio service on an ATSC 

3.0 digital channel meet the 

requirements of section 336(b)(1) of the 

Act? Furthermore, should the fact that 

the number of U.S. households that 

possess an ATSC 3.0 capable television 

receiver remains limited affect our 

determination? 

13. Similar Coverage and One Free 

Synchronized Stream Requirements. 

The Commission proposes that FM6 

stations comply with the following 

operational requirements: the FM6 

coverage area must be contained within 


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and may not exceed the coverage area of 

the LPTV station’s synchronized video/ 

audio programming stream; and the 

LPTV station must provide at least one 

stream of synchronized video and audio 

programming on the ATSC 3.0 portion 

of the spectrum, at any time the station 

is operating. By requiring that the 

station’s FM6 coverage not exceed its 

video coverage, and that stations 

provide at least one stream of 

synchronized video and audio 

programming on the digital portion of 

the spectrum at any time the station is 

operating, the Commission seeks to 

ensure that the spectrum is being used 

efficiently and in the public interest. 

14. Conditions similar to these 

provisions were included in the FM6 

engineering STAs. The requirement that 

the LPTV station’s FM6 and video 

coverage reach similar populations was 

imposed to address the concerns of FM6 

opponents that FM6 stations would 

configure their LPTV station’s technical 

facilities in such a manner that would 

favor their FM6 operation over their 

digital TV operation. The Commission 

proposes a similar provision here that 

would limit the FM6 coverage area to 

not greater than the LPTV station’s 

coverage area for similar reasons and it 

believes this limit will help to allay 

these concerns and ensure that digital 

LPTV stations providing FM6 

operations continue to focus their 

attention on the operation of their 

digital LPTV station—the primary 

purpose of their station license. The 

Commission seeks comment on this 

proposal. 

15. As for its proposed rule provision 

requiring that FM6 stations provide at 

least one stream of synchronized video 

and audio programming on the ATSC 

3.0 portion of the spectrum, at any time 

the station is operating, a similar 

condition was included in the FM6 

engineering STAs. The Commission 

proposes to adopt a slightly different 

version in our FM6 rules. The STA 

condition required that the one stream 

of synchronized video and audio 

programming be provided on ‘‘a full 

time (24x7) basis.’’ Because the 

Commission’s rules provide that LPTV 

stations are ‘‘not required to adhere to 

any regular schedule of operation,’’ the 

Commission finds it more appropriate to 

propose a revised version of this 

condition that requires that FM6 

stations provide at least one stream of 

synchronized video and audio 

programming on the ATSC 3.0 portion 

of the spectrum ‘‘at any time the station 

is operating.’’ The reason the 

synchronized video and audio 

programming condition was originally 

imposed on the FM6 engineering STAs 

was to ensure that digital LPTV stations 

providing FM6 operations continued to 

provide adequate television service to 

viewers. Prior to the LPTV digital 

television transition in July 2021, when 

FM6 operations were being conducted 

as part of the LPTV station’s analog 

channel 6 operation, most FM6 stations 

were not offering any type of 

meaningful television service. Because 

the audio signal for their analog TV 

station was dedicated to providing the 

FM6 service, these stations would often 

times offer minimal television service 

on their stations such as community 

bulletin boards. FM6 stations appeared 

to be focusing their resources on their 

radio FM6 operation over their 

television operation. The Commission 

seeks comment on whether requiring 

the FM6 stations be subject to the 

separate synchronized video and audio 

programming requirement will address 

the concerns of FM6 opponents and 

ensure that FM6 stations continue to 

provide adequate television service to 

viewers. 

16. Limits on Technical 

Modifications. The Commission 

proposes to adopt a rule, similar to the 

condition contained in FM6 engineering 

STAs, that would limit LPTV stations 

providing FM6 operations from 

modifying their facilities during the 

time that FM6 operations are being 

conducted. This condition was placed 

on FM6 engineering STAs in an effort to 

‘‘lock’’ the FM6 station facilities in 

place while they were being operated 

pursuant to STA to prevent the station 

from making changes to their facilities 

that could impact the potential for 

interference from FM6 operations to 

other users. The Commission seeks 

comment on whether codification of 

such a modification limit could be a 

useful way to prevent FM6 stations from 

causing interference. By locking FM6 

stations into their existing facilities, that 

have already been shown to not cause 

interference, the Commission would 

seek to preserve the status quo and 

prevent technical changes that could 

upset the current interference-free 

environment. The Commission proposes 

to define ‘‘existing facilities’’ as the FM6 

station’s licensed technical facilities on 

the release date of this NPRM. While the 

Commission is required to consider 

requests for waivers of its rules, it also 

seeks comment on whether to provide 

for an exception to this rule that would 

allow for technical modifications if 

certain criteria are met. The 

Commission seeks comment on such 

criteria, such as a showing of no 

potential interference to affected 

licensees and/or a demonstration that 

all affected licensees have consented to 

the modification. The Commission seeks 

comment on these issues. 

17. Transfers. In the STAs, the 

Commission limited FM6 stations from 

being transferred while FM6 operations 

are being conducted. The Commission 

seeks comment as to whether inclusion 

of such a limit in its FM6 rules would 

serve the public interest. The Media 

Bureau imposed this condition in an 

effort to prevent parties from seeking to 

operate an FM6 station without any 

intention of continuing FM6 operations 

and for the sole purpose of immediately 

selling the station to another party. 

Given the fact that the Commission is 

proposing to limit FM6 to only those 

stations that are providing FM6 

operations on the release date of this 

NPRM, and thereby preventing parties 

from ‘‘speculating’’ in FM6 stations, it 

seeks comment as to whether inclusion 

of a limitation on transfer of FM6 

stations in its rules would serve the 

public interest. 

18. Periodic Reporting. As a condition 

to their FM6 STAs, FM6 stations were 

required to submit reports, 90 and 180 

days after the grant of their STAs, 

detailing any reports of interference and 

a demonstration that the station’s FM6 

and video coverage reach similar 

populations. The Media Bureau 

included this reporting requirement in 

the FM6 engineering STAs so that it 

could monitor the ongoing STA 

operations of FM6 stations for reports of 

interference and to see if FM6 stations 

were complying with the condition that 

their digital television and analog FM 

radio operations were serving similar 

populations. The Commission is now 

proposing to adopt rule provisions that 

would mandate that FM6 operations be 

conducted without interference to other 

users and that an FM6 station’s FM6 

and video coverage reach similar 

populations. Accordingly, the 

Commission tentatively concludes that 

such a reporting requirement is not 

necessary given the force and effect of 

our proposed FM6 rule. It seeks 

comment on this tentative conclusion. 

Potential for Interference 

19. Throughout this proceeding, 

concern about the potential for analog 

FM6 operations to interfere with or 

disrupt the LPTV station’s digital TV 

service has been paramount. Section 

336(b)(2) of the Act provides that the 

Commission shall ‘‘limit the 

broadcasting of ancillary or 

supplementary services on designated 

frequencies so as to avoid derogation of 

any advanced television services, 

including high definition television 

broadcasts, that the Commission may 


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require using such frequencies.’’ The 

Commission has also sought comment 

on whether the analog FM6 radio 

transmitter could cause interference to 

FM radio licensees. FM6 opponents 

previously expressed concern about the 

potential for interference, citing studies 

conducted in 2014 by Linley Gumm and 

Charles Rhodes to support their claims. 

FM6 stations responded that there had 

not been a single report of interference 

from the numerous FM6 stations 

operating their LPTV stations in analog 

mode. FM6 opponents counter that lack 

of current interference is not probative 

given the existence of Commission rules 

preventing interference. 

20. The Commission recognizes that 

previous questions and analysis about 

the potential for FM6 interference were 

based on the assumption that the digital 

LPTV station would be operating in 

ATSC 1.0. However, all existing FM6 

stations are instead operating in ATSC 

3.0 digital mode and there have been no 

reports of interference from these 

stations. The results of a more recent 

2019 ‘‘Perry Priestly’’ study submitted 

by PCPC seem to show that, unlike 

ATSC 1.0, the ATSC 3.0 digital format 

is more configurable and allows for the 

TV signal to be made narrower to reduce 

that interference and/or have its settings 

modified to have increased error 

correction, helping it overcome such 

interference. Thus, PCPC concludes 

‘‘stations that transition directly to the 

ATSC 3.0 standard can provide both the 

most robust video signals available 

today and a strong analog audio signal.’’ 

21. In light of this more recent study, 

the Commission seeks comment on 

whether the fact that FM6 stations are 

operating in ATSC 3.0 digital mode 

changes the potential for their analog 

FM6 operations to interfere with or 

disrupt the LPTV station’s ATSC 3.0 

digital TV service. The Commission 

seeks to determine if an ATSC 3.0 

digital LPTV station will be able to 

operate an analog FM radio transmitter 

without interfering or derogating its cochannel digital operation. The 

Commission observes that the Perry 

Priestly study indicates that an ATSC 

3.0 station would typically reduce the 

width of its digital TV signal and/or 

increase the level of error correction to 

make this operation possible, both of 

which would seem to reduce the 

amount of available throughput of the 

ATSC 3.0 signal. The Commission seeks 

comment on whether these changes in 

configuration constitute a ‘‘derogation’’ 

of its digital operation. Should the 

Commission decide to allow FM6 

operations, should it be limited to those 

stations operating in ATSC 3.0? As 

before, the Commission encourages 

commenters to study the question of 

FM6 interference and to provide the 

results of these studies in their 

comments. 

Application of Part 73 FM Radio Rules 

22. If the Commission decides to 

permit digital channel 6 LPTV stations 

to provide analog FM6 services on an 

ancillary or supplementary basis, it 

must still resolve the outstanding 

question of whether such operations 

should be subject to the Part 73 rules 

applicable to FM radio stations. Section 

336(b)(3) of the Communications Act 

mandates that the Commission ‘‘apply 

to any other ancillary or supplementary 

service such of the Commission’s 

regulations as are applicable to the 

offering of analogous services by any 

other person . . . .’’ Commenters 

previously maintained that the 

Commission, as part of its decision in 

this proceeding, would need to amend 

its Part 73 and 74 rules to accommodate 

the FM6 service. 

23. The Commission once again seeks 

comment on whether FM6 operations 

are ‘‘analogous to other services subject 

to regulation by the Commission’’ 

within the meaning of section 336(b)(3) 

of the Act and the Commission’s 

implementing rules and, if so, which of 

the Part 73 rules should apply to FM6 

operations. The Commission previously 

asked whether it should apply to FM6 

operations the Part 73 rules requiring 

that an FM radio station file an 

application for a construction permit 

and license to operate, that stations be 

located on channels 88.1 MHz through 

107.9 MHz, that primary FM channels 

be allotted through rulemaking, that 

such stations maintain a public 

inspection file, and that the use of such 

frequencies in border areas be 

coordinated with Canada and Mexico. 

The Commission seeks comment on 

whether these questions are still 

relevant, whether other Part 73 rules, 

including technical rules, should apply, 

and whether its analysis should be 

affected by the fact that it may limit 

channel 6 LPTV stations providing FM6 

services to operating only in ATSC 3.0 

digital mode and from modifying their 

technical facilities while providing FM6 

operations. 

Application of Five Percent Ancillary or 

Supplementary Fee 

24. To the extent it permits digital 

channel 6 LPTV stations to provide FM6 

services on an ancillary or 

supplementary basis, the Commission 

must resolve the question of whether 

FM6 services should be subject to a five 

percent fee. The ancillary or 

supplementary rule provides that digital 

television stations ‘‘must annually remit 

a fee of five percent of the gross 

revenues derived from all ancillary and 

supplementary services . . . which are 

feeable . . . .’’ ‘‘Feeable’’ services are 

defined as ‘‘[a]ll ancillary or 

supplementary services for which 

payment of a subscription fee or charge 

is required in order to receive the 

service.’’ ‘‘Feeable’’ services are also 

defined as ‘‘[a]ny ancillary or 

supplementary service for which no 

payment is required from consumers in 

order to receive the service . . . if the 

DTV licensee directly or indirectly 

receives compensation from a third 

party in return for the transmission of 

material provided by that third party 

(other than commercial advertisements 

used to support broadcasting for which 

a subscription fee is not required).’’ As 

previously observed, FM6 operations, 

thus far, appear to have been available 

to the general public without 

subscription. Comments were 

previously split on this question. 

Because FM6 services are provided free 

of charge, some commenters believed 

that no fee should apply. Other 

commenters argued that, because the 

FM6 operation is not available on a DTV 

receiver, and can be only be received on 

a separate FM radio receiver, we should 

view FM6 operations as ‘‘point-to-point 

or point-to-multi point’’ operation that 

section 73.624(c) of the rules describes 

as an ‘‘ancillary or supplementary’’ 

service. Channel 6 Commenters agreed 

that ‘‘a supplementary 87.7 MHz audio 

signal qualifies as an ancillary service, 

which entitles the government to 5% of 

its revenue.’’ 

25. The Commission seeks comment 

on whether, and under what 

circumstances, an LPTV station’s 

ancillary or supplementary FM6 service 

provided without a subscription fee 

should be deemed ‘‘feeable’’ and subject 

to the five percent fee. To the extent an 

LPTV station leases its spectrum to a 

third party to provide the programming 

transmitted using FM6 and receives 

compensation from that third party, 

such FM6 operation would be feeable 

under section 336(e)(1)(B) of the Act 

because the station ‘‘receives 

compensation from a third party in 

return for transmitting material 

furnished by such third party.’’ In a 

scenario, however, where the FM6 

station does not lease its spectrum and 

instead itself provides a free, over-theair radio service without a subscription 

fee, is there any basis to deem such a 

service ‘‘feeable’’ and thus subject to the 

five percent fee? The Commission seeks 

comment on this issue. 


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Limiting FM6 to Existing Operators 

26. If the Commission decides to 

allow FM6 operations to continue in the 

future, it proposes to limit the scope of 

FM6 operations to only those LPTV 

channel 6 stations with ‘‘active’’ FM6 

engineering STAs on the release date of 

this NPRM. The Commission proposes 

to define ‘‘active’’ as an initial 

engineering STA that is granted and 

unexpired or a request for extension of 

an engineering STA that is granted or 

pending at the time of the release date 

of this NPRM. The Commission seeks 

comment on this proposal. The 

Commission assumes that stations 

holding an active FM6 STA or with a 

pending FM6 STA extension request are 

actually providing FM6 service to the 

public. It seeks comment on this 

assumption and whether there are other 

measures it should take to ensure its 

rules cover only those stations actually 

providing FM6 service to the public on 

the release date of this NPRM. 

27. The record is filled with examples 

of local, niche programming being 

provided by FM6 stations and we seek 

to minimize disruption to listeners that 

have come to rely on these services. 

Limiting the number of FM6 stations to 

those currently in operation (and that 

have demonstrated that they do not 

cause interference to other users) and 

limiting the technical modifications 

permitted by these stations could also 

help to serve our goal of preventing 

harmful interference to other services. 

Would such a limitation allay the 

concerns of some commenters that have 

opposed FM6 operations? 

28. Would this limitation also ensure 

continued service to consumers who 

have relied upon this service? With 

regard to any parity concerns of limiting 

FM6 authorization to existing FM6 

stations, the Commission notes that all 

channel 6 LPTV stations had the 

opportunity to provide an FM analog 

service and chose not to do so. 

Moreover, the Commission’s 

examination of whether to permit the 

continuation of such services has 

extended over decade, so it believes that 

all channel 6 LPTV stations have been 

placed on adequate notice of a potential 

change in Commission rules. Further, if 

a channel 6 LPTV station has not 

requested that the Commission permit it 

to continue to provide FM6 operations 

by now (since terminating analog 

operations in July 2021), it seems 

unlikely that there is consumer reliance 

on the programming. The Commission 

seeks comment on this proposal, other 

cut-off dates, or alternate ways to limit 

eligibility to ensure continued service to 

the established listeners of FM6 

operations. 

29. The Commission seeks comment 

on whether it should also permit FM6 

operations by LPTV stations that, as of 

the release date of this NPRM, have 

pending applications for construction 

permits and that have a significant 

history of providing FM6 to the public 

to also be grandfathered. We recognize 

that there may be a limited number of 

stations that stopped providing FM6 

service in July 2021, at the time of the 

LPTV digital transition, but intend to 

resume such service once new facilities 

are approved and constructed. Would 

permitting such stations to resume 

providing FM6 services, subject to the 

conditions discussed above, be 

consistent with the rationale discussed 

above to ensure continued service to 

consumers who have relied upon this 

service? Are the conditions discussed 

above adequate to address any technical 

concerns? Because such stations are not 

yet operational, does the Commission 

need to consider additional technical 

conditions to address unforeseen 

potential interference? The Commission 

seeks comment on the implications of 

expanding the scope of continued FM6 

service in this manner. 

Licensing Additional NCE FM Stations 

30. The Commission also takes this 

opportunity to seek comment on 

National Public Radio’s (NPR) proposal 

to repurpose television channel 6 (TV 

channel 6) spectrum (82–88 MHz) for 

FM services in locations where the 

channels are not being used to provide 

‘‘actual television programming.’’ As 

previously described, NPR believes that 

the continued use of a digital TV 

channel 6 to provide an analog FM radio 

service (aka FM6) is contrary to the 

statute and poor public policy. Instead, 

NPR contends, ‘‘TV channel 6 spectrum 

is a valuable resource the Commission 

should use to expand opportunities for 

existing and prospective radio 

broadcasters whose demand for 

spectrum cannot be satisfied in the 

crowded FM radio band.’’ Specifically, 

NPR maintains that the spectrum 

occupied by a single TV channel 6 

station could potentially accommodate 

up to 30 new FM stations, exponentially 

increasing the variety of programming 

available for a diverse audience. 

Repurposing this spectrum to allow new 

FM radio stations to be authorized, NPR 

maintains, would increase the diversity 

of voices and programming available to 

the public and be a ‘‘far better use of a 

scarce resource’’ than the analog audio 

operations (FM6) that exist in some 

locations today. NPR also argues that it 

would increase the opportunities for 

diverse providers to provide local 

public interest programming for 

unserved and underserved audiences, 

especially in the rural parts of the 

country. The Commission seeks 

comment on these issues. 

31. If it decides to allow new FM 

stations to operate on 82–88 MHz, the 

Commission seeks comment on whether 

such stations should be limited to 

noncommercial educational (NCE) FM 

stations or whether commercial FM 

stations should be allowed to operate on 

these new frequencies as well, 

consistent with TV6 stations currently 

occupying this spectrum. The 

Commission notes that the adjacent FM 

channels 201–220 (87.9 MHz to 91.9 

MHz) are reserved for NCE FM station 

use. The Commission seeks to 

determine whether to adopt a similar 

restriction were it to allow additional 

FM stations to operate on 82–88 MHz. 

32. The Commission invites 

commenters to study the current use of 

TV channel 6 by television broadcasters 

and the extent to which TV channel 6 

could accommodate additional FM 

radio stations without causing 

interference to existing TV channel 6 

licensees. The Commission also seeks 

comment on the technical feasibility of 

NPR’s proposal. First, it notes that, 

although there are in theory 30 available 

200 kHz FM radio channels in the band 

that comprises TV channel 6, in 

practice, it would not be possible to use 

all 30 channels in one place given 

interference considerations. Practically 

speaking, the number of channels for 

use by new FM radio stations in any one 

area would be significantly less. The 

Commission seeks comment on whether 

this technical reality should affect its 

consideration of NPR’s proposal. 

Furthermore, the Commission seeks 

comment on whether NPR’s argument, 

that FM6 is not an efficient use of 

spectrum, would be allayed by its 

proposal to limit FM6 operations to only 

the limited number of TV channel 6 

LPTV stations that are currently 

providing such services and to further 

require that such stations provide a 

separate video offering at all times they 

are providing FM6 operations. 

33. In addition, the Commission seeks 

comment on whether radio listeners 

will be able to receive new FM radio 

stations on the frequencies that NPR 

suggests should be allowed for new FM 

radio station operations—82–88 MHz. 

The Commission notes that FM radio 

receivers currently only receive the topmost portion of the 82–88 MHz band 

(87.7 or 87.9 MHz) of the 6 MHz 

channel that comprises TV channel 6. 

Today’s FM radio receivers cannot tune 

down to the rest of the spectrum—82.1– 


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87.5 MHz. The Commission invites 

comment on how this technical 

roadblock should influence our 

consideration of this issue. The 

Commission also seeks comment on 

whether changes would need to be 

made to the Domestic Table of 

Frequency Allocations (Table) to reflect 

this change. The Commission notes that 

the 76–88 MHz band is generally 

allocated as ‘‘Broadcasting’’ but seek 

comment on whether the Table 

contemplates radio uses at 82–88 MHz. 

In addition, should it adopt NPR’s 

proposal, the Commission seeks 

comment on whether there are other 

technical issues to consider such as the 

establishment of separation distances 

for co-channel operations. 

34. Finally, the Commission seeks 

comment on the benefits of expanding 

FM radio service to all of TV channel 6 

to create new FM radio stations versus 

the costs of precluding existing TV 

stations from using the currently unused 

locations where TV channel 6 is viable 

and foreclosing new TV stations on 

channel 6. The Commission also seeks 

comment on how allowing additional 

FM radio stations on the 82–88 MHz 

band would affect other entities that use 

these frequencies including wireless 

microphones and white space device 

users. Finally, the Commission notes 

that one of its concerns about 

authorizing the continued provision of 

FM6 services is the interference 

potential they may pose. The 

Commission addresses this concern 

through its proposal of limiting any 

technical modifications by these FM6 

stations. The Commission seeks 

comment on the potential for 

interference if it permitted new FM 

radio services as contemplated by NPR. 

Would such services pose the threat of 

interference with existing services in 

this band? If so, how should these 

concerns be mitigated to extent the 

Commission pursues such an 

expansion? 

Elimination of TV6 Interference 

Protection 

35. The Commission seeks comment 

on an issue that the Commission 

previously raised and that is related to 

its consideration of whether to permit 

continued FM6 operations. That is the 

question of whether to completely 

eliminate the television channel 6 (TV6) 

distance separation (interference 

protection) rules for Low Power FM 

radio (LPFM), NCE FM radio, Class D 

FM radio (10 watt), and FM translator 

stations operating on reserved band FM 

channels 201–220, or to alternatively 

revise and update them for a post-digital 

transition world. The Commission last 

considered this issue in the context of 

its efforts to improve the LPFM 

technical rules based on suggestions 

made by REC Networks in a 2018 

petition for rulemaking. The 

Commission seeks comment on this 

issue now that the LPTV digital 

transition is complete and all TV6 

stations are no longer operating in 

analog, and in light of our proposals 

related to FM6 in this proceeding. 

36. To provide LPFM stations relief 

from TV6 protection rules, the 

Commission, in its LPFM NPRM, 

proposed to eliminate TV6 protections 

entirely on July 13, 2021—the date of 

the LPTV digital transition. The 

Commission noted that it had been 

requiring FM stations on channels 201 

to 220 to protect television stations 

operating on TV6 since 1985. The 

Commission cited to REC Networks 

arguments that the LPFM TV6 

protection rules ‘‘significantly 

overprotect TV6 stations and could be 

reduced with little impact.’’ REC 

Networks pointed out that this was 

because the rules were designed when 

television was operating with analog 

technology. The Commission also noted 

studies performed by NPR in 

conjunction with the 2009 digital 

television transition that showed that 

newer digital television technologies 

have better filters and synchronous 

detection to reject unwanted FM signals. 

The Commission tentatively accepted 

NPR’s conclusion that digital television 

receivers are substantially less 

vulnerable to FM-induced TV6 

interference than analog sets. The 

Commission sought comment on 

whether this conclusion was still valid 

‘‘after so many additional years of 

experience with digital broadcasts.’’ The 

Commission sought comment on its 

expectation that the proposed 

elimination of LPFM/TV6 spacing 

requirements will not result in any 

interference to TV6 stations and it 

tentatively concluded, upon July 13, 

2021, to eliminate the distance separate 

requirement between LPFM stations and 

all television stations operating on TV6. 

37. A limited number of commenters 

weighed in on the Commission’s 

proposal and were evenly split for and 

against elimination of the TV6 

protections. For instance, in response to 

support from petitioners, Disney posited 

that that the record did ‘‘not provide 

actual evidence demonstrating that the 

full-power Channel 6 Protections are 

unnecessary,’’ and that the TV6 

protection rules ‘‘have functioned quite 

well to protect full-power television 

stations from interference, and have 

done so without imposing significant 

burdens on FM reserved band stations.’’ 

The Commission in its 2020 Report and 

Order deferred consideration of this 

issue to a future proceeding finding that 

it ‘‘will be in a better position to reach 

an informed decision by addressing TV6 

issues in a separate proceeding with a 

more developed record on this issue.’’ 

38. Since that decision, events have 

occurred that could affect our previous 

analysis as to the continued need for 

TV6 protection rules. The post-Incentive 

Auction transition was completed in 

July 2020 and repacked stations have 

settled into their new post-auction 

channel assignments. And, given the 

digital transition, analog television is 

now truly a legacy service. With the 

completion of the Incentive Auction and 

the LPTV digital transition, the 

Commission now has experience with 

respect to TV6 and whether interference 

has been occurring with respect to 

digital TV6 stations and FM radio 

stations. 

39. Therefore, the Commission seeks 

comment on the continued need for TV6 

interference protection rules. 

Specifically, the Commission seeks 

comment on whether the interference 

protection provisions, adopted while 

television stations were operating in 

analog mode, continue to be necessary 

in light of the fact that all TV6 stations 

have now converted to digital. The 

Commission invites commenters to 

analyze the number of current TV6 

stations, their current locations and the 

potential for TV6–FM radio crossservice interference. The Commission 

notes that it has not received reports of 

interference to either TV or radio 

services from stations in their 

counterpart services. Does the lack of 

reports indicate the protections are no 

longer necessary, or that they are 

fulfilling their purpose? Alternatively, 

the Commission seeks comment on 

whether to preserve the existing 

protections but revise and update them 

for digital TV6 operations, and if so, 

how to update them. In that 

circumstance, the Commission seeks 

comment on whether those protections 

should apply to currently authorized 

channel 6 stations or to future channel 

6 stations or to both. 

40. The Commission notes that 

retention or revision of the TV6 

interference protection rules could 

potentially be impacted by its decision 

whether to permit continued FM6 

operations. Given this, the Commission 

seeks comment on whether the 

elimination of TV6 protection by LPFM 

and other FM radio stations would be 

compatible with FM6 operations if it 

determines to permit such operations to 

continue. That is, if FM6 and LPFM and 

NCE FM stations are allowed to come 


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into closer proximity if the TV6 

protection rules are eliminated, would 

that increase concerns about 

interference from FM6 to LPFM/NCE 

FM stations—an important factor in our 

FM6 considerations? The Commission 

notes that one of the conditions it is 

seeking to impose on continued FM6 

operations is that the LPTV station not 

be permitted to modify its facilities 

while providing FM6 operations, thus 

locking into place the technical facilities 

by which the LPTV station provides its 

FM6 operations. If it limits station 

modifications in this manner, would 

this impact the Commission’s analysis 

of whether elimination of TV6 

protection by LPFM and other FM radio 

stations would be compatible with FM6 

operations? 

41. The Commission’s goal in this 

proceeding, as with any proceeding 

involving interference protection, is to 

ensure that licensees can operate in an 

environment in which the potential for 

interference is minimized. The 

Commission stresses that interference 

protections are essential to spectrum 

usage rights to prevent licensees from 

unduly affecting other licensees in 

terms of system operation or cost. 

Nonetheless, the Commission attempts 

to establish rules that are no more 

restrictive than necessary to achieve our 

goals in order to provide maximum 

flexibility to our licensees. Therefore, 

commenters suggesting that the existing 

interference provisions be retained, 

revised or updated should demonstrate 

that their proposed restrictions are 

necessary to achieve these goals. 

Cost-Benefit and Diversity, Equity and 

Inclusion Analysis 

42. Finally, the Commission seeks 

comment on the benefits and costs 

associated with adopting the proposals 

set forth in this NPRM. In addition to 

any benefits to the public at large, are 

there also benefits to industry through 

adoption of any of its proposals? The 

Commission also seeks comment on any 

potential costs that would be imposed 

on licensees and regulatees if it adopts 

the proposals contained in this NPRM. 

Comments should be accompanied by 

specific data and analysis supporting 

claimed costs and benefits. 

43. As part of its continuing effort to 

advance digital equity for all, including 

people of color, persons with 

disabilities, persons who live in rural or 

Tribal areas, and others who are or have 

been historically underserved, 

marginalized, or adversely affected by 

persistent poverty or inequality, the 

Commission invites comment on how 

the proposals set forth in the NPRM can 

advance equity in the provision of 

broadcast services for all people of the 

United States, without discrimination 

on the basis of race, color, religion, 

national origin, sex, or disability. 

Specifically, the Commission seeks 

comment on how its proposals may 

promote or inhibit advances in 

diversity, equity, inclusion, and 

accessibility, as well the scope of the 

Commission’s relevant legal authority. 

Initial Regulatory Flexibility Act 

Analysis 

As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), The Third Notice of Proposed 

Rulemaking in this proceeding included 

an Initial Regulatory Flexibility 

Analysis (IRFA) pursuant to 5 U.S.C. 

603, exploring the potential impact on 

small entities of the Commission’s 

proposals. Because this Fifth Notice of 

Proposed Rulemaking (NPRM) contains 

new proposals, the Commission 

requests written public comments on 

this IRFA. Comments must be identified 

as responses to the IRFA and must be 

filed by the deadlines for comments 

specified in the NPRM. The 

Commission will send a copy of the 

NPRM, including this IRFA, to the Chief 

Counsel for Advocacy of the Small 

Business Administration (SBA). In 

addition, the NPRM and IRFA (or 

summaries thereof) will be published in 

the Federal Register. 

Need for, and Objectives of, the 

Proposed Rules 

The NPRM seeks comment on 

whether to permit digital low power 

television (LPTV) stations on channel 6 

to continue to operate analog FM radiotype services and, if so, how to 

authorize these services. Prior to the 

July 13, 2021 LPTV digital transition 

deadline, a number of analog LPTV 

stations licensed on channel 6 operated 

with very limited visual programming 

and an audio signal that is programmed 

like a radio station (FM6). FM radio 

listeners were able to receive the audio 

portion of these LPTV stations at 87.75 

MHz, which is adjacent to 

noncommercial educational (NCE) FM 

channel 201 (88.1 MHz). When these 

LPTV stations converted to digital, 

however, they would be unable to 

continue providing such radio service 

because the digital audio portion of 

their signal could no longer be received 

by standard FM receivers. Currently, 

some digital channel 6 LPTV stations 

have converted to ATSC 3.0 digital 

format and are operating pursuant to 

engineering special temporary authority 

(STA) with a separate analog FM radio 

transmitter. 

In an effort to bring a final resolution 

to the FM6 question, the Commission 

seeks comment on whether FM6 

operations are serve the public interest 

and should be authorized to continue in 

any capacity. The NPRM also seeks 

comment on whether FM6 should be 

authorized as ‘‘ancillary or 

supplementary’’ services as suggested 

previously in this proceeding. The 

NPRM seeks comment on whether the 

Commission can and should limit future 

FM6 operations to only those LPTV 

channel 6 stations with active FM6 

engineering STAs on the release date of 

the NPRM. 

The NPRM alternatively seeks 

comment on whether to license 

additional FM radio stations on 82–88 

MHz in areas where channel 6 LPTV 

and full-power stations are currently not 

operating. 

Finally, regardless of whether it 

decides to permit continued FM6 

operations or license additional FM 

radio stations on 82–88 MHz, the NPRM 

seeks comment on whether to eliminate 

or revise the TV6 distance separation 

rules for LPFM, NCE, Class D (10 watt), 

and FM translator stations operating on 

reserved band FM Channels 201–220. 

Legal Basis 

The proposed action is authorized 

under Sections 151, 154(i), 154(j), 303, 

307, 316, 336, and 403 of the 

Communications Act of 1934, as 

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

303, 307, 316, 336, and 403. 

Description and Estimate of the Number 

of Small Entities to Which the Proposed 

Rules Will Apply 

The RFA directs agencies to provide 

a description of, and where feasible, an 

estimate of the number of small entities 

that may be affected by the proposed 

rule revisions, if adopted. The RFA 

generally defines the term ‘‘small 

entity’’ as having the same meaning as 

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

organization,’’ and ‘‘small governmental 

jurisdiction.’’ In addition, the term 

‘‘small business’’ has the same meaning 

as the term ‘‘small business concern’’ 

under the Small Business Act (SBA). 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. Below, we provide a description of 

such small entities, as well as an 

estimate of the number of such small 

entities, where feasible. 

Television Broadcasting. This 

industry is comprised of 

‘‘establishments primarily engaged in 

broadcasting images together with 


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sound.’’ These establishments operate 

television broadcast studios and 

facilities for the programming and 

transmission of programs to the public. 

These establishments also produce or 

transmit visual programming to 

affiliated broadcast television stations, 

which in turn broadcast the programs to 

the public on a predetermined schedule. 

Programming may originate in their own 

studio, from an affiliated network, or 

from external sources. The SBA small 

business size standard for this industry 

classifies businesses having $41.5 

million or less in annual receipts as 

small. 2017 U.S. Census Bureau data 

indicate that 744 firms in this industry 

operated for the entire year. Of that 

number, 657 firms had revenue of less 

than $25,000,000. Based on this data we 

estimate that the majority of television 

broadcasters are small entities under the 

SBA small business size standard. 

The Commission estimates that as of 

March 2022, there were 1,373 licensed 

commercial television stations. Of this 

total, 1,280 stations (or 93.2%) had 

revenues of $41.5 million or less in 

2021, according to Commission staff 

review of the BIA Kelsey Inc. Media 

Access Pro Television Database (BIA) on 

June 1, 2022, and therefore these 

licensees qualify as small entities under 

the SBA definition. In addition, the 

Commission estimates as of March 2022, 

there were 384 licensed noncommercial 

educational (NCE) television stations, 

383 Class A TV stations, 1,840 LPTV 

stations and 3,231 TV translator 

stations. The Commission however does 

not compile, and otherwise does not 

have access to financial information for 

these television broadcast 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 these 

television station licensees, we presume 

that all of these entities qualify as small 

entities under the above SBA small 

business size standard. 

Radio Stations. This industry is 

comprised of ‘‘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 small business size 

standard for this industry classifies 

firms having $41.5 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. 

The Commission estimates that as of 

September 2021, there were 4,519 

licensed commercial AM radio stations, 

6,682 licensed commercial FM radio 

stations and 4,211 licensed 

noncommercial (NCE) FM radio 

stations. 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. 

The Commission notes, however, that 

in assessing whether a business concern 

qualifies as ‘‘small’’ under the above 

definition, business (control) affiliations 

must be included. Its 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. 

The Commission is unable at this time 

to define or quantify the criteria that 

would establish whether a specific radio 

or television broadcast station is 

dominant in its field of operation. 

Accordingly, the estimate of small 

businesses to which the rules may apply 

does not exclude any radio or television 

station from the definition of a small 

business on this basis and is therefore 

possibly over-inclusive. An additional 

element of the definition of ‘‘small 

business’’ is that the entity must be 

independently owned and operated. 

Because it is difficult to assess these 

criteria in the context of media entities, 

the estimate of small businesses to 

which the rules may apply does not 

exclude any radio or television station 

from the definition of a small business 

on this basis and similarly may be overinclusive. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

As a condition to be allowed to 

continue their FM6 operations on an 

ancillary or supplementary basis, the 

Commission seeks comment on whether 

FM6 stations should be required to 

submit written reports, every 90 days, 

detailing any reports of interference and 

a demonstration that the station’s FM6 

and video coverage reach similar 

populations. The NPRM tentatively 

concludes that such a reporting 

requirement is not necessary. Should 

the Commission ultimately decide to 

adopt this requirement, this proposed 

reporting requirement would result in a 

new paperwork obligation. If adopted, 

the Commission will seek approval and 

the corresponding burdens to account 

for this reporting requirement. 

Steps Taken To Minimize Significant 

Economic 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. 

The NPRM seeks to determine if 

continued provision of FM6 services by 

digital LPTV channel 6 stations serve 

the public interest and should FM6 be 

authorized to continue in any capacity. 

All of the licensees of FM6 stations are 

licensees of LPTV stations and most if 

not all are considered small entities by 

SBA definitions. Therefore, by allowing 

FM6 operations to continue, the 

Commission is seeking to help small 

entities and to preserve their current 

programming offerings. The alternative 

would be to force these entities to 

discontinue FM6 operations that have 

proved to be a source of additional 

income for these small entities that have 

struggled to operate LPTV stations and 

that have operated with a disadvantage 

to their full power television brethren. 

Unlike full power television stations, 

LPTV stations operate without 

mandatory cable carriage rights and 

with secondary interference rights that 

can result in their operating channel 

being displaced and their having to find 

a new frequency. 

The NPRM seeks comment on 

whether to permit FM6 operations as 

‘‘ancillary or supplementary’’ services. 

This approach is an attempt to authorize 

existing FM6 operations in the easiest 

and least costly manner to reduce the 

administrative and financial burden on 

FM6 stations, all of which are LPTV and 

most if not all are small entities. Using 


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Federal Register / Vol. 87, No. 117 / Friday, June 17, 2022 / Proposed Rules 36449 

existing rules and procedures will 

enable FM6 stations to easily become 

authorized through familiar and low 

cost measures. 

The Commission must balance the 

positive financial benefits for small 

entities of allowing all channel 6 LPTV 

stations to provide FM6 operations 

against the possible negative effects of 

impermissible interference that could 

result between FM6 operations and 

other FM radio operators. Although it 

recognizes the positive benefits for 

small entities that may accrue from FM6 

operations, the Commission proposes 

that it must limit FM6 operations to 

only those stations providing such 

services on the release date of the NPRM 

in order to limit the universe of FM6 

stations that could potentially interfere 

with other users. The Commission notes 

that all channel 6 LPTV stations had the 

opportunity to provide an FM analog 

service and their failure to do so by now 

demonstrates that it was not in their 

interest to do so. 

Similarly, the Commission must 

balance whether to allow channel 6 

LPTV stations to continue providing 

FM6 operations versus entities 

interested in providing new FM radio 

service to operate on TV channel 6 in 

areas where television service is 

currently not being offered. There are 

small entities in both the LPTV and FM 

radio services especially NCE FM 

stations whose operation is limited to 

only noncommercial educational 

entities most if not all of which are 

small entities. The Commission will 

have to consider the benefits and costs 

of allowing additional FM radio 

operations and whether it will 

negatively affect future TV operations 

on low VHF channels such as channel 

6 that have technical limitations and 

that are not favored by television 

operators. 

The Commission also proposes to 

eliminate or modify a current protection 

for television stations operating on 

Channel 6 which are also small entities, 

a proposal which seeks to assist low 

power FM (LPFM), noncommercial 

educational (NCE), and FM translator 

stations. The Commission believes that 

any potential negative impact on such 

television stations is minimal because 

full power TV6 stations transitioned to 

digital operations in 2009; LPTV 

stations in 2021; and there has been a 

lack of interference complaints from 

these stations since their transitions. 

Further, digital television receivers are 

more selective than the analog the 

equipment that existed when the 

Commission adopted the TV6 protection 

requirement. The Commission is open 

to consideration of alternatives to the 

proposals under consideration 

including but not limited to alternatives 

that will minimize the burden on FM 

broadcasters, many of whom are small 

businesses, as well as TV6 broadcasters 

that are small entities. There may be 

unique circumstances these entities may 

face, and the Commission will consider 

appropriate action for small 

broadcasters when preparing a Report 

and Order in this matter. 

Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rule 

None. 

Report to Congress 

The Commission will send a copy of 

the NPRM including the IRFA, in a 

report to be sent to Congress pursuant 

to the Congressional Review Act. In 

addition, the Commission will send a 

copy of the NPRM including the IRFA, 

to the Chief Counsel for Advocacy of the 

SBA. A copy of the NPRM and IRFA (or 

summaries thereof) will also be 

published in the Federal Register. 

List of Subjects in 47 CFR Part 74 

Low Power TV and TV translator 

stations. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 74 to read as follows: 

PART 74—Experimental Radio, 

Auxiliary, Special Broadcast and Other 

Program Distributional Services 

■ 1. The authority citation for part 74 

continues to read as follows: 

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

309, 310, 336, and 554. 

■ 2. Section 74.790 is revised by adding 

paragraph (l) as follows: 

§ 74.790 Permissible service of digital TV 

translator and LPTV stations. 

* * * * * 

(l) Provision of analog FM radio 

operations by digital LPTV channel 6 

stations (FM6). LPTV stations operating 

on television channel 6 may provide 

analog FM radio operations (FM6 

operations) on an ancillary or 

supplementary basis subject to the 

following: 

(1) The LPTV station must have been 

providing FM6 operations pursuant to 

an active engineering special temporary 

authority on the release date of the Fifth 

Notice of Proposed Rulemaking in MB 

Docket No. 03–185; 

(2) The LPTV station must be 

operating in ATSC 3.0 digital format; 

(3) FM6 operations may only be 

conducted on 87.75 MHz; 

(4) no interference is permitted to any 

other licensed user, including but not 

limited to broadcast television or radio 

users; 

(5) the LPTV station’s FM6 coverage 

area must be contained within and may 

not exceed the coverage area of the 

LPTV station’s synchronized video/ 

audio programming stream; 

(6) the LPTV station must provide at 

least one stream of synchronized video 

and audio programming on the ATSC 

3.0 portion of the spectrum, at any time 

the station is operating; and 

(7) while FM6 operations are being 

conducted, the LPTV station’s technical 

facilities may not be modified from 

those that existed on the release date of 

the Fifth Notice of Proposed 

Rulemaking in MB Docket No. 03–185. 

[FR Doc. 2022–12813 Filed 6–16–22; 8:45 am] 

BILLING CODE 6712–01–P 


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