25250 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collections Being Submitted for 

Review and Approval to the Office of 

Management and Budget (OMB), 

Comments Requested 

April 30, 2010. 

SUMMARY: The Federal Communications 

Commission, as part of its continuing 

effort to reduce paperwork burden 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on the 

following information collections, as 

required by the Paperwork Reduction 

Act (PRA) of 1995, 44 U.S.C. 3501 – 

3520. Comments are requested 

concerning: (a) whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Commission, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

Commission’s burden estimate; (c) ways 

to enhance the quality, utility, and 

clarity of the information collected; (d) 

ways to minimize the burden of the 

collection of information on the 

respondents, including the use of 

automated collection techniques or 

other forms of information technology; 

and (e) ways to further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees. 

The FCC may not conduct or sponsor 

a collection of information unless it 

displays a currently valid control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act (PRA) that 

does not display a currently valid OMB 

control number. 

DATES: Written Paperwork Reduction 

Act (PRA) comments should be 

submitted on or before June 7, 2010. If 

you anticipate that you will be 

submitting PRA comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the FCC contact listed below as 

soon as possible. 

ADDRESSES: Direct all PRA comments to 

Nicholas A. Fraser, Office of 

Management and Budget, via fax at 202– 

395–5167 or via the Internet at 

Nicholas_A._Fraser@omb.eop.gov and 

to the Federal Communications 

Commission via email to PRA@fcc.gov 

and Cathy.Williams@fcc.gov. To view a 

copy of this information collection 

request (ICR) submitted to OMB: (1) Go 

to the web page http://reginfo.gov/ 

public/do/PRAMain, (2) look for the 

section of the web page called 

‘‘Currently Under Review’’, (3) click on 

the downward–pointing arrow in the 

‘‘Select Agency’’ box below the 

‘‘Currently Under Review’’ heading, (4) 

select ‘‘Federal Communications 

Commission’’ from the list of agencies 

presented in the ‘‘Select Agency’’ box, 

(5) click the ‘‘Submit’’ button to the right 

of the ‘‘Select Agency’’ box, and (6) 

when the list of FCC ICRs currently 

under review appears, look for the title 

of this ICR (or its OMB Control Number, 

if there is one) and then click on the ICR 

Reference Number to view detailed 

information about this ICR. 

FOR FURTHER INFORMATION CONTACT: For 

additional information or copies of the 

information collections, contact Cathy 

Williams on (202) 418–2918. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0888. 

Title: Section 76.7, Petition 

Procedures; Section 76.9, 

Confidentiality of Proprietary 

Information; Section 76.61, Dispute 

Concerning Carriage; Section 76.914, 

Revocation of Certification; Section 

76.1001, Unfair Practices; Section 

76.1003, Program Access Proceedings; 

Section 76.1302, Carriage Agreement 

Proceedings; Section 76.1513, Open 

Video Dispute Resolution. 

Form Number: Not applicable. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Businesses or other for– 

profit. 

Number of Respondents and 

Responses: 640 respondents; 640 

responses. 

Estimated Time per Response: 4.1 to 

61.4 hours. 

Frequency of Response: On occasion 

reporting requirement; Third party 

disclosure requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information is 

contained in Sections 4(i), 303(r) and 

628 of the Communications Act of 1934, 

as amended. 

Total Annual Burden: 20,960 hours 

Total Annual Cost: $681,600. 

Privacy Act Impact Assessment: No 

impact(s). 

Nature and Extent of Confidentiality: 

A party that wishes to have 

confidentiality for proprietary 

information with respect to a 

submission it is making to the 

Commission must file a petition 

pursuant to the pleading requirements 

in Section 76.7 and use the method 

described in Sections 0.459 and 76.9 to 

demonstrate that confidentiality is 

warranted. 

On January 20, 2010, the Commission 

adopted a First Report and Order In the 

Matter of Review of the Commission’s 

Program Access Rules and Examination 

of Programming Tying Arrangements, 

MB Docket No. 07–198, FCC 10–17. In 

the First Report and Order, the 

Commission establishes rules, policies, 

and procedures for the consideration of 

complaints alleging unfair acts 

involving terrestrially delivered, cable– 

affiliated programming in violation of 

Section 628(b) of the Communications 

Act. The Commission also establishes 

procedures for the consideration of 

requests for a temporary standstill of the 

price, terms, and other conditions of an 

existing programming contract by a 

program access complainant seeking 

renewal of such a contract. 

The following rule sections contain 

revised information collection 

requirements that the Commission is 

seeking approval for from the Office of 

Management and Budget (OMB): 

47 CFR Section 76.1001(b)(2) permits 

any multichannel video programming 

distributor to commence an 

adjudicatory proceeding by filing a 

complaint with the Commission alleging 

that a cable operator, a satellite cable 

programming vendor in which a cable 

operator has an attributable interest, or 

a satellite broadcast programming 

vendor, has engaged in an unfair act 

involving terrestrially delivered, cable– 

affiliated programming (which, as 

defined in this R&O, includes exclusive 

contracts, discrimination, and undue or 

improper influence), which must be 

filed and responded to in accordance 

with the procedures specified in Section 

76.7, except to the extent such 

procedures are modified by Sections 

76.1001(b)(2) and 76.1003. In program 

access cases involving terrestrially 

delivered, cable–affiliated programming, 

the defendant has 45 days from the date 

of service of the complaint to file an 

answer, unless otherwise directed by 

the Commission. A complainant shall 

have the burden of proof that the 

defendant’s alleged conduct has the 

purpose or effect of hindering 

significantly or preventing the 

complainant from providing satellite 

cable programming or satellite broadcast 

programming to subscribers or 

consumers; an answer to such a 

complaint shall set forth the defendant’s 

reasons to support a finding that the 

complainant has not carried this 

burden. In addition, a complainant 

alleging that a terrestrial cable 

programming vendor has engaged in 

discrimination shall have the burden of 

proof that the terrestrial cable 

programming vendor is wholly owned 

by, controlled by, or under common 

control with a cable operator or cable 

operators, satellite cable programming 


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vendor or vendors in which a cable 

operator has an attributable interest, or 

satellite broadcast programming vendor 

or vendors; an answer to such a 

complaint shall set forth the defendant’s 

reasons to support a finding that the 

complainant has not carried this 

burden. In addition, the R&O provides 

that a complainant that wants a 

currently pending complaint involving 

terrestrially delivered, cable–affiliated 

programming considered under the 

rules adopted in the R&O must submit 

a supplemental filing alleging that the 

defendant has engaged in an unfair act 

after the effective date of the rules. In 

such case, the complaint and 

supplement will be considered pursuant 

to the rules adopted in the R&O and the 

defendant will have an opportunity to 

answer the supplemental filing, as set 

forth in the rules. 

47 CFR Section 76.1003(c)(3) requires 

a program access complaint to contain 

evidence that the complainant competes 

with the defendant cable operator, or 

with a multichannel video programming 

distributor that is a customer of the 

defendant satellite cable programming 

or satellite broadcast programming 

vendor or a terrestrial cable 

programming vendor alleged to have 

engaged in conduct described in Section 

76.1001(b)(1). 

47 CFR Section 76.1003(l) permits a 

program access complainant seeking 

renewal of an existing programming 

contract to file a petition along with its 

complaint requesting a temporary 

standstill of the price, terms, and other 

conditions of the existing programming 

contract pending resolution of the 

complaint, to which the defendant will 

have the opportunity to respond within 

10 days of service of the petition, unless 

otherwise directed by the Commission. 

The following rule sections are also 

covered in this information collection 

but do not require additional OMB 

approval since the requirements have 

not changed since last approved by 

OMB: 

47 CFR Section 76.7. Pleadings 

seeking to initiate FCC action must 

adhere to the requirements of Section 

76.6 (general pleading requirements) 

and Section 76.7 (initiating pleading 

requirements). Section 76.7 is used for 

numerous types of petitions and special 

relief petitions, including general 

petitions seeking special relief, waivers, 

enforcement, show cause, forfeiture and 

declaratory ruling procedures. 

47 CFR Section 76.9. A party that 

wishes to have confidentiality for 

proprietary information with respect to 

a submission it is making to the FCC 

must file a petition pursuant to the 

pleading requirements in Section 76.7 

and use the method described in 

Sections 0.459 to demonstrate that 

confidentiality is warranted. The 

petitions filed pursuant to this provision 

are contained in the existing 

information collection requirement and 

are not changed by the rule changes. 

47 CFR Section 76.61(a) permits a 

local commercial television station or 

qualified low power television station 

that is denied carriage or channel 

positioning or repositioning in 

accordance with the must–carry rules by 

a cable operator to file a complaint with 

the FCC in accordance with the 

procedures set forth in Section 76.7. 

Section 76.61(b) permits a qualified 

local noncommercial educational 

television station that believes a cable 

operator has failed to comply with the 

FCC’s signal carriage or channel 

positioning requirements (Sections 

76.56 through 76.57) to file a complaint 

with the FCC in accordance with the 

procedures set forth in Section 76.7. 

47 CFR Section 76.61(a)(1) states that 

whenever a local commercial television 

station or a qualified low power 

television station believes that a cable 

operator has failed to meet its carriage 

or channel positioning obligations, 

pursuant to Section 76.56, such station 

shall notify the operator, in writing, of 

the alleged failure and identify its 

reasons for believing that the cable 

operator is obligated to carry the signal 

of such station or position such signal 

on a particular channel. 

47 CFR Section 76.61(a)(2) states that 

the cable operator shall, within 30 days 

of receipt of such written notification, 

respond in writing to such notification 

and either commence to carry the signal 

of such station in accordance with the 

terms requested or state its reasons for 

believing that it is not obligated to carry 

such signal or is in compliance with the 

channel positioning and repositioning 

and other requirements of the must– 

carry rules. If a refusal for carriage is 

based on the station’s distance from the 

cable system’s principal headend, the 

operator’s response shall include the 

location of such headend. If a cable 

operator denies carriage on the basis of 

the failure of the station to deliver a 

good quality signal at the cable system’s 

principal headend, the cable operator 

must provide a list of equipment used 

to make the measurements, the point of 

measurement and a list and detailed 

description of the reception and over– 

the–air signal processing equipment 

used, including sketches such as block 

diagrams and a description of the 

methodology used for processing the 

signal at issue, in its response. 

47 CFR Section 76.914(c) permits a 

cable operator seeking revocation of a 

franchising authority’s certification to 

file a petition with the FCC in 

accordance with the procedures set 

forth in Section 76.7. 

47 CFR Section 76.1003(a) permits 

any multichannel video programming 

distributor (MVPD) aggrieved by 

conduct that it believes constitute a 

violation of the FCC’s competitive 

access to cable programming rules to 

commence an adjudicatory proceeding 

at the FCC to obtain enforcement of the 

rules through the filing of a complaint, 

which must be filed and responded to 

in accordance with the procedures 

specified in Section 76.7, except to the 

extent such procedures are modified by 

Section 76.1003. 

47 CFR Section 76.1003(b) requires 

any aggrieved MVPD intending to file a 

complaint under this section to first 

notify the potential defendant cable 

operator, and/or the potential defendant 

satellite cable programming vendor or 

satellite broadcast programming vendor, 

that it intends to file a complaint with 

the Commission based on actions 

alleged to violate one or more of the 

provisions contained in Sections 

76.1001 or 76.1002 of this part. The 

notice must be sufficiently detailed so 

that its recipient(s) can determine the 

nature of the potential complaint. The 

potential complainant must allow a 

minimum of ten (10) days for the 

potential defendant(s) to respond before 

filing a complaint with the Commission. 

47 CFR Section 76.1003(c) describes 

the required contents of a program 

access complaint, in addition to the 

requirements of Section 76.7 of this 

part. 

47 CFR Section 76.1003(d) states that, 

in a case where recovery of damages is 

sought, the complaint shall contain a 

clear and unequivocal request for 

damages and appropriate allegations in 

support of such claim. 

47 CFR Section 76.1003(e)(1) requires 

cable operators, satellite cable 

programming vendors, or satellite 

broadcast programming vendors whom 

expressly reference and rely upon a 

document in asserting a defense to a 

program access complaint filed or in 

responding to a material allegation in a 

program access complaint filed 

pursuant to Section 76.1003, to include 

such document or documents, such as 

contracts for carriage of programming 

referenced and relied on, as part of the 

answer. Except as otherwise provided or 

directed by the Commission, any cable 

operator, satellite cable programming 

vendor or satellite broadcast 

programming vendor upon which a 

program access complaint is served 

under this section shall answer within 


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25252 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 

twenty (20) days of service of the 

complaint. 

47 CFR Section 76.1003(e)(2) requires 

an answer to an exclusivity complaint to 

provide the defendant’s reasons for 

refusing to sell the subject programming 

to the complainant. In addition, the 

defendant may submit its programming 

contracts covering the area specified in 

the complaint with its answer to refute 

allegations concerning the existence of 

an impermissible exclusive contract. If 

there are no contracts governing the 

specified area, the defendant shall so 

certify in its answer. Any contracts 

submitted pursuant to this provision 

may be protected as proprietary 

pursuant to Section 76.9 of this part. 

47 CFR Section 76.1003(e)(3) requires 

an answer to a discrimination complaint 

to state the reasons for any differential 

in prices, terms or conditions between 

the complainant and its competitor, and 

to specify the particular justification set 

forth in Section 76.1002(b) of this part 

relied upon in support of the 

differential. 

47 CFR Section 76.1003(e)(4) requires 

an answer to a complaint alleging an 

unreasonable refusal to sell 

programming to state the defendant’s 

reasons for refusing to sell to the 

complainant, or for refusing to sell to 

the complainant on the same terms and 

conditions as complainant’s competitor, 

and to specify why the defendant’s 

actions are not discriminatory. 

47 CFR Section 76.1003(f) provides 

that, within fifteen (15) days after 

service of an answer, unless otherwise 

directed by the Commission, the 

complainant may file and serve a reply 

which shall be responsive to matters 

contained in the answer and shall not 

contain new matters. 

47 CFR Section 76.1003(g) states that 

any complaint filed pursuant to this 

subsection must be filed within one year 

of the date on which one of three 

specified events occurs. 

47 CFR Section 76.1003(h) sets forth 

the remedies that are available for 

violations of the program access rules, 

which include the imposition of 

damages, and/or the establishment of 

prices, terms, and conditions for the sale 

of programming to the aggrieved 

multichannel video programming 

distributor, as well as sanctions 

available under title V or any other 

provision of the Communications Act. 

47 CFR Section 76.1003(j) states in 

addition to the general pleading and 

discovery rules contained in Section 

76.7 of this part, parties to a program 

access complaint may serve requests for 

discovery directly on opposing parties, 

and file a copy of the request with the 

Commission. The respondent shall have 

the opportunity to object to any request 

for documents that are not in its control 

or relevant to the dispute. Such request 

shall be heard, and determination made, 

by the Commission. Until the objection 

is ruled upon, the obligation to produce 

the disputed material is suspended. Any 

party who fails to timely provide 

discovery requested by the opposing 

party to which it has not raised an 

objection as described above, or who 

fails to respond to a Commission order 

for discovery material, may be deemed 

in default and an order may be entered 

in accordance with the allegations 

contained in the complaint, or the 

complaint may be dismissed with 

prejudice. 

47 CFR Section 76.1302(a) states that 

any video programming vendor or 

multichannel video programming 

distributor aggrieved by conduct that it 

believes constitute a violation of the 

regulations set forth in this subpart may 

commence an adjudicatory proceeding 

at the Commission to obtain 

enforcement of the rules through the 

filing of a complaint. 

47 CFR Section 76.1302(b) states that 

any aggrieved video programming 

vendor or multichannel video 

programming distributor intending to 

file a complaint under this section must 

first notify the potential defendant 

multichannel video programming 

distributor that it intends to file a 

complaint with the Commission based 

on actions alleged to violate one or more 

of the provisions contained in Section 

76.1301 of this part. The notice must be 

sufficiently detailed so that its 

recipient(s) can determine the specific 

nature of the potential complaint. The 

potential complainant must allow a 

minimum of ten (10) days for the 

potential defendant(s) to respond before 

filing a complaint with the Commission. 

47 CFR Section 76.1302(c) specifies 

the content of carriage agreement 

complaints. 

47 CFR Section 76.1302(d) states that 

any multichannel video programming 

distributor upon which a carriage 

agreement complaint is served under 

this section shall answer within thirty 

(30) days of service of the complaint, 

unless otherwise directed by the 

Commission. The answer shall address 

the relief requested in the complaint, 

including legal and documentary 

support, for such response, and may 

include an alternative relief proposal 

without any prejudice to any denials or 

defenses raised. 

47 CFR Section 76.1302(e) states that 

within twenty (20) days after service of 

an answer, unless otherwise directed by 

the Commission, the complainant may 

file and serve a reply which shall be 

responsive to matters contained in the 

answer and shall not contain new 

matters. 

47 CFR Section 76.1302(f) states that 

any complaint filed pursuant to this 

subsection must be filed within one year 

of the date on which one of three events 

occurs. 

47 CFR Section 76.1302(g)(1) states 

that upon completion of such 

adjudicatory proceeding, the 

Commission shall order appropriate 

remedies, including, if necessary, 

mandatory carriage of a video 

programming vendor’s programming on 

defendant’s video distribution system, 

or the establishment of prices, terms, 

and conditions for the carriage of a 

video programming vendor’s 

programming. 

47 CFR Section 76.1513(a) permits 

any party aggrieved by conduct that it 

believes constitute a violation of the 

FCC’s regulations or in section 653 of 

the Communications Act (47 U.S.C. 573) 

to commence an adjudicatory 

proceeding at the Commission to obtain 

enforcement of the rules through the 

filing of a complaint, which must be 

filed and responded to in accordance 

with the procedures specified in Section 

76.7, except to the extent such 

procedures are modified by Section 

76.1513. 

47 CFR Section 76.1513(b) provides 

that an open video system operator may 

not provide in its carriage contracts with 

programming providers that any dispute 

must be submitted to arbitration, 

mediation, or any other alternative 

method for dispute resolution prior to 

submission of a complaint to the 

Commission. 

47 CFR Section 76.1513(c) requires 

that any aggrieved party intending to 

file a complaint under this section must 

first notify the potential defendant open 

video system operator that it intends to 

file a complaint with the Commission 

based on actions alleged to violate one 

or more of the provisions contained in 

this part or in Section 653 of the 

Communications Act. The notice must 

be in writing and must be sufficiently 

detailed so that its recipient(s) can 

determine the specific nature of the 

potential complaint. The potential 

complainant must allow a minimum of 

ten (10) days for the potential 

defendant(s) to respond before filing a 

complaint with the Commission. 

47 CFR Section 76.1513(d) describes 

the contents of an open video system 

complaint. 

47 CFR Section 76.1513(e) addresses 

answers to open video system 

complaints. 

47 CFR Section 76.1513(f) states 

within twenty (20) days after service of 


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Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 25253 

an answer, the complainant may file 

and serve a reply which shall be 

responsive to matters contained in the 

answer and shall not contain new 

matters. 

47 CFR Section 76.1513(g) requires 

that any complaint filed pursuant to this 

subsection must be filed within one year 

of the date on which one of three events 

occurs. 

47 CFR Section 76.1513(h) states that 

upon completion of the adjudicatory 

proceeding, the Commission shall order 

appropriate remedies, including, if 

necessary, the requiring carriage, 

awarding damages to any person denied 

carriage, or any combination of such 

sanctions. Such order shall set forth a 

timetable for compliance, and shall 

become effective upon release. 

OMB Control Number: 3060–1034. 

Title: Digital Audio Broadcasting 

Systems and their Impact on the 

Terrestrial Radio Broadcast Service; 

Digital Notification Form, FCC Form 

335. 

Form Number: FCC Form 335. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other for– 

profit entities. 

Number of Respondents and 

Responses: 1,310 respondents; 1,310 

responses. 

Estimated Time per Response: 1– 8 

hours. 

Frequency of Response: On occasion 

reporting requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information collection 

is contained in Sections 154(i), 303, 310 

and 533 of the Communications Act of 

1934, as amended. 

Total Annual Burden: 1,780 hours. 

Total Annual Cost: $606,500. 

Privacy Impact Assessment: No 

impact(s). 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this collection of information. 

Needs and Uses: On January 29, 2010, 

the Commission released the Order, 

Digital Audio Broadcasting Systems and 

Their Impact on the Terrestrial Radio 

Broadcast Service (‘‘Order’’), DA 10–208, 

MM Docket 99–325. The Order will 

allow: 

(1) Eligible authorized FM stations to 

commence operation of FM digital 

facilities with operating power up to 

–14 dB upon notice to the Commission 

on either Form 335 (the licensee of a 

super–powered FM station must file an 

informal request for any increase in the 

station’s FM Digital ERP). 

(2) Licensees to submit an application 

to the Media Bureau, in the form of an 

informal request, for any increase in FM 

Digital ERP beyond 6 dB. 

(3) Licensees submitting such a 

request must use a simplified method 

set forth in the Order to determine the 

proponent station’s maximum 

permissible FM Digital ERP. 

(4) In situations where the simplified 

method is not applicable due to unusual 

terrain or other environmental or 

technical considerations or when it 

produces anomalous FM Digital ERP 

results, the Bureau will accept 

applications for FM Digital ERP in 

excess of –14 dB on a case–by–case 

basis when accompanied by a detailed 

showing containing a complete 

explanation of the prediction 

methodology used as well as data, maps 

and sample calculations. 

(5) Finally, the Order implements 

interference mitigation and remediation 

procedures to resolve promptly 

allegations of digital interference to an 

authorized FM analog facility resulting 

from an FM Digital ERP power increase 

undertaken pursuant to the procedures 

adopted in the Order. Pursuant to these 

procedures, the affected analog FM 

station may file an interference 

complaint with the Bureau. In order to 

be considered by the Bureau, the 

complaint must contain at least six 

reports of ongoing (rather than 

transitory) objectionable interference. 

For each report of interference, the 

affected FM licensee must submit a map 

showing the location of the reported 

interference and a detailed description 

of the nature and extent of the 

interference being experienced at that 

location. Interference reports at 

locations outside a station’s protected 

analog contour will not be considered. 

The complaint must also contain a 

complete description of the tests and 

equipment used to identity the alleged 

interference and the scope of the 

unsuccessful efforts to resolve the 

interference. 

The following rule sections contain 

information collection requirements that 

have been approved by OMB and do not 

require any additional OMB approval 

because they did not change since last 

approved by OMB: 

47 CFR 73.404(b) states in situations 

where interference to other stations is 

anticipated or actually occurs, AM 

licensees may, upon notification to the 

Commission, reduce the power of the 

primary Digital Audio Broadcasting 

(DAB) sidebands by up to 6 dB. Any 

greater reduction of sideband power 

requires prior authority from the 

Commission via the filing of a request 

for special temporary authority or an 

informal letter request for modification 

of license. 

47 CFR 73.404(e) states licensees 

(commercial and noncommercial AM 

and FM radio stations) must provide 

notification to the Commission in 

Washington, DC, within 10 days of 

commencing in–band, on channel 

(IBOC) digital operation. The 

notification must include the following 

information: 

(1) Call sign and facility identification 

number of the station; 

(2) Date on which IBOC operation 

commenced; 

(3) Certification that the IBOC DAB 

facilities conform to permissible hybrid 

specifications; 

(4) Name and telephone number of a 

technical representative the 

Commission can call in the event of 

interference; 

(5) FM digital effective radiated power 

used and certification that the FM 

analog effective radiated power remains 

as authorized; 

(6) Transmitter power output; if 

separate analog and digital transmitters 

are used, the power output for each 

transmitter; 

(7) If applicable, any reduction in an 

AM station’s primary digital carriers; 

(8) If applicable, the geographic 

coordinates, elevation data, and license 

file number of the auxiliary antenna 

employed by an FM station as a separate 

digital antenna; 

(9) If applicable, for FM systems 

employing interleaved antenna bays, a 

certification that adequate filtering and/ 

or isolation equipment has been 

installed to prevent spurious emissions 

in excess of the limits specified in 

Section 73.317; 

(10) A certification that the operation 

will not cause human exposure to levels 

of radio frequency radiation in excess of 

the limits specified in Section 1.1310 of 

the Commission’s rules and is therefore 

categorically excluded from 

environmental processing pursuant to 

Section 1306(b). Any station that cannot 

certify compliance must submit an 

environmental assessment (‘‘EA’’) 

pursuant to Section 1.1311 and may not 

commence IBOC operation until such 

EA is ruled upon by the Commission. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, 

Office of the Secretary, 

Office of Managing Director. 

[FR Doc. 2010–10760 Filed 5–6–10; 8:45 am] 

BILLING CODE 6712–01–S 


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