[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Rules and Regulations]
[Pages 51161-51165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23908]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 13-249; FCC 17-119]


Revitalization of the AM Radio Service

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: This document amends certain Commission rules applying to AM 
broadcast stations using directional antenna arrays. AM directional 
antenna arrays are multiple-tower installations designed to direct 
radio energy primarily in certain directions in order to avoid 
interfering with other AM broadcast stations. Approximately 40 percent 
of all AM broadcasters use directional arrays during some part of the 
broadcast day. These rule amendments are intended to decrease the 
burdens and expense of installing and maintaining directional arrays, 
especially for AM broadcasters using Method of Moments (MoM) modeling 
for proofs of performance of their directional arrays.

DATES: Effective December 4, 2017, except for the amendments to 47 CFR 
73.151(c)(1)(ix) and (x) and (c)(3), 47 CFR 73.154(a), and 47 CFR 
73.155, which contain new or modified information collection 
requirements that require approval by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act (PRA), and which will 
become effective after the Commission publishes a document in the 
Federal Register announcing such approval and the relevant effective 
date.

FOR FURTHER INFORMATION CONTACT: Peter Doyle, Chief, Media Bureau, 
Audio Division, (202) 418-2700 or <a href="/cdn-cgi/l/email-protection#9dcdf8e9f8efb3d9f2e4f1f8ddfbfefeb3faf2eb"><span class="__cf_email__" data-cfemail="e1b184958493cfa58e988d84a1878282cf868e97">[email protected]</span></a>; Thomas 
Nessinger, Senior Counsel, Media Bureau, Audio Division, (202) 418-2700 
or <a href="/cdn-cgi/l/email-protection#dc88b4b3b1bdaff292b9afafb5b2bbb9ae9cbabfbff2bbb3aa"><span class="__cf_email__" data-cfemail="96c2fef9fbf7e5b8d8f3e5e5fff8f1f3e4d6f0f5f5b8f1f9e0">[email protected]</span></a>.
    For additional information concerning the Paperwork Reduction Act 
information collection requirements contained in this document, contact 
Cathy Williams at 202-418-2918, or via the Internet at 
<a href="/cdn-cgi/l/email-protection#6a290b1e0213443d030606030b07192a0c0909440d051c"><span class="__cf_email__" data-cfemail="a7e4c6d3cfde89f0cecbcbcec6cad4e7c1c4c489c0c8d1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Third 
Report and Order (Third R&O), FCC 17-119, adopted September 22, 2017, 
and released September 25, 2017. The full text of this document is 
available for public inspection and copying during regular business 
hours in the FCC Reference Center, 445 Twelfth Street SW., Room CY-
A257, Portals II, Washington, DC 20554. To request materials in 
accessible formats for people with disabilities (Braille, large print, 
electronic files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#44222727717470042227276a232b32"><span class="__cf_email__" data-cfemail="dfb9bcbceaefeb9fb9bcbcf1b8b0a9">[email protected]</span></a> or 
call the Consumer and Governmental Affairs Bureau at 202-418-0530 
(voice), 202-418-0432 (TTY).

Paperwork Reduction Act of 1995 Analysis

    The Third R&O contains new and modified information collection 
requirements subject to the PRA (Pub. L. 104-13, 109 Stat 163 (1995) 
(codified in 44 U.S.C. 3501-3520)). It will be submitted to the OMB for 
review under section 3507(d) of the PRA. OMB, the general public, and 
other Federal agencies will be invited to comment on the new or 
modified information collection requirements contained in this 
proceeding in a separate Federal Register notice.

Synopsis

    1. In the Third R&O, the Commission adopted many of the proposals 
set forth in the Further Notice of Proposed Rule Making in this 
proceeding (FCC 15-142, 30 FCC Rcd 12145 (2015)) (AMR FNPRM). 
Specifically, the Commission modified the partial proof of performance 
rules to reduce the expense and burden of such proofs, and made a 
number of changes to the rules and policies surrounding Method of 
Moments (MoM) modeling, also to reduce burdens on broadcasters using AM 
directional antenna arrays.
    2. Partial proof of performance measurements are currently required 
for AM stations using directional antennas whenever the licensee has 
reason to believe that the radiated fields may be exceeding the limits 
for which the station is authorized. Such measurements are also 
required whenever minor directional antenna system repairs are made 
that result in certain changes to the station's licensed operating 
parameters. Some commenters, in response to the original Notice of 
Proposed Rule Making in this proceeding (FCC 13-139, 28 FCC Rcd 15221 
(2013)) (AMR NPRM) requested that the current rule governing partial 
proof of performance field strength measurements for AM directional 
antenna arrays, 47 CFR 73.154, be modified to require measurements only 
on radials containing a monitoring point. Currently, the rule requires 
field strength measurements on radials from the latest complete field 
strength proof of performance that are adjacent to the monitored 
radials, if the array has fewer than four monitored radials, in 
addition to measurements on monitored radials. Commenters claimed that 
eliminating the requirement to take measurements on non-monitored 
radials will reduce the cost to maintain AM directional antenna systems 
without affecting authorized service. The Commission proposed in the 
AMR FNPRM to require measurements only on radials containing a 
monitoring point.
    3. The Commission adopted the rule change as proposed in the AMR 
FNPRM. Many commenters stated that a partial proof of performance 
measuring only the monitored radials will adequately demonstrate that 
the directional pattern is properly adjusted, and would result in cost 
savings to AM broadcasters. Other commenters noted that radials 
containing a monitor point provide the best indication of a station's 
directional pattern condition. Although some commenters favored a 
return to the prior rule requiring ten field strength measurements 
along each radial containing a monitoring point, compared to the 
current rule requiring at least eight such measurements, the 
Commission's experience showed that the eight-point partial proof 
minimum is sufficient to evaluate antenna system performance, and that 
returning to the 10-point minimum would only increase the burden on AM 
broadcasters in exchange for little more in the way of useful data. The 
Commission therefore rejected the request to require 10 field strength 
measurements, and adopted this rule change as proposed.
    4. Since the Commission first permitted MoM computer modeling to 
verify AM directional antenna performance, over 220 MoM directional 
antenna proofs of performance have been prepared and submitted to the 
Commission in support of AM station applications for license. This 
analysis

[[Page 51162]]

technique has proven to reliably verify directional antenna system 
performance at a much lower cost. Based on this experience, in the AMR 
FNPRM the Commission proposed several modifications or eliminations of 
rules pertaining to AM directional arrays using MoM proofs, intended to 
improve the quality of the MoM proofs and eliminate expenses to AM 
licensees. First, 47 CFR 73.155 currently requires that an AM station 
licensed with a directional antenna pattern pursuant to an MoM proof of 
performance be re-certified at least once within every 24-month period, 
including disconnection and calibration of base sampling devices. 
Because of the demonstrated reliability of MoM models, the Commission 
proposed in the AMR FNPRM to eliminate or modify this requirement. The 
Commission's review of the comments led it to adopt the proposal to 
eliminate the recertification requirement, with one exception. 
Commenters favoring the proposal to eliminate the recertification rule 
stated that other means could be employed to troubleshoot and restore 
the system to its initial condition, and that disconnecting and 
reconnecting sampling system components was expensive and possibly 
damaging to the components. The Commission found that system 
recertification becomes less valuable when the removal of base sampling 
devices is no longer required, thus refuting commenters who argued for 
longer recertification intervals but without disconnection of such 
devices. Therefore, the Commission agreed with those commenters who 
supported the proposal to eliminate the recertification requirement 
altogether. The Commission, however, adopted one commenter's suggested 
change to the original proposal: To retain 47 CFR 73.155 but, rather 
than prescribing a set recertification interval, to require 
recertification only in the case of repair to or replacement of 
affected system components, and then only as to the repaired or 
replaced components, such recertification to be conducted on such 
component(s) in the same manner as an initial certification of the 
component(s) pursuant to the standards set forth in 47 CFR 
73.151(c)(2)(i).
    5. In the AMR FNPRM, the Commission proposed to modify the 
requirement for reference field strength measurements set forth in 47 
CFR 73.151(c)(3). Currently, when an initial license application is 
submitted for a directional antenna system based on MoM modeling, 
reference field strength measurements are required. The proposed rule 
change would eliminate the need to submit new reference field strength 
measurements with subsequent license applications for the same 
directional antenna system and physical facilities, while still 
retaining the requirement of initial reference field strength 
measurements, notwithstanding commenter suggestions that this 
requirement be eliminated in its entirety. Although commenters were 
roughly evenly divided between those supporting the proposal and those 
favoring elimination of the requirement for reference field strength 
measurements in its entirety, the Commission found on balance that the 
original proposal should be adopted, stating that at least one, initial 
set of reference measurements provides external verification that an AM 
directional array is operating properly, while agreeing with commenters 
that the expense of further reference field strength measurements 
should not be required on subsequent license applications when the 
antenna pattern and physical facilities are unchanged. The Commission 
adopted the proposed rule change as set forth in the AMR FNPRM.
    6. Section 73.151(c)(1)(ix) of the rules (47 CFR 73.151(c)(1)(ix)) 
requires that a station applying for a directional antenna array using 
MoM modeling to confirm the antenna pattern must obtain a post-
construction certificate from a licensed surveyor, verifying that the 
towers in the array have the proper spacing and orientation. The 
Commission's Media Bureau clarified that a licensed station applying to 
be re-licensed under the MoM rules was exempt from the survey 
requirement provided that there was no change in the authorized 
theoretical pattern or patterns. A commenter responding to the AMR NPRM 
suggested, and the Commission therefore proposed in the AMR FNPRM, that 
the Commission exempt from the survey requirement any directional 
antenna pattern on any frequency using towers in an authorized AM 
array, as long as the tower geometry is not altered and no towers are 
added to the array. The commenter contended that such an exemption 
would encourage stations to co-locate on existing arrays and provide 
relief to broadcasters that would otherwise have difficulty locating 
sufficient land for their own directional arrays. The Commission 
proposed to adopt this exemption and, as all but one commenter to the 
AMR FNPRM supported the proposal, it adopted the proposal as set forth 
in the AMR FNPRM, and modified 47 CFR 73.151(c)(1)(ix) to codify this 
exemption.
    7. Section 73.151(c)(1)(viii) of the rules (47 CFR 
73.151(c)(l)(viii)) provides: ``The shunt capacitance used to model 
base region effects shall be no greater than 250 pF unless the measured 
or manufacturer's stated capacitance for each device other than the 
base insulator is used. The total capacitance of such devices shall be 
limited such that in no case will their total capacitive reactance be 
less than five times the magnitude of the tower base operating 
impedance without their effects being considered.'' The Commission 
proposed to clarify that this rule applies only when total capacitance 
used to model base region effects exceeds 250 pF and should apply only 
when base current sampling is used. No commenters opposed this 
proposal, and therefore the Commission adopted it as proposed.
    8. The Commission also posed a set of specific inquiries in the AMR 
FNPRM concerning whether to permit use of MoM modeling for skirt-fed 
towers. A skirt-fed tower employs a design different from that of the 
more typical AM tower. Because the physical characteristics of a skirt-
fed tower vary from those of a traditional monopole, and are much more 
difficult to model, skirt-fed towers are excluded from computer 
modeling. Commenters were asked whether the Commission and the 
engineering community had gained sufficient experience with MoM 
modeling to allow such modeling of skirt-fed towers. Some commenters 
stated that such modeling should be allowed, while other opined that 
more experience was needed. The Commission agreed with commenters that 
stated that more experience was necessary before allowing MoM modeling 
of skirt-fed towers, and so retained the present limitation on the use 
of MoM modeling to those arrays using simple, series-fed towers with 
standard ground systems, excluding antenna systems with skirt-fed or 
sectionalized towers, and arrays that use non-standard ground systems 
such as those consisting of short, elevated radials. The Commission 
stated that it may revisit this conclusion at a later date and propose 
specific standards for use in more complex analyses.
    9. The Commission also proposed to clarify when new MoM proofs must 
be submitted after antennas were added or other changes were made above 
the base of a tower in an AM directional array. The Commission adopted 
this AMR FNPRM proposal, noting that Subpart BB of its Part 1 rules 
sets forth procedures to be followed when Commission authorization 
holders or

[[Page 51163]]

applicants propose to, among other things, add an antenna to an AM 
tower, and specifically that 47 CFR 1.30003(b)(2) dictates procedures 
to be followed when adding an antenna to a tower in an AM directional 
array when the station is licensed via an MoM proof of performance, 
requiring a base impedance measurement on the tower being modified, and 
submission of a new license application only if the base resistance and 
reactance values exceed a specified deviation from those values as 
contained in the last MoM proof. Although that rule refers specifically 
to the addition of antennas, the Commission agreed with commenters and 
clarified that the rule applies to any modification to tower or system 
components above the tower base, stating that re-proofing should not be 
needed if a change is made that does not affect the modeled values used 
in the license proof. The Commission thus modified 47 CFR 73.151(c)(1) 
to reflect the applicability of the 47 CFR 1.30003(b)(2) procedures in 
such instances.
    10. Finally, the Commission proposed to eliminate the requirement, 
found in the conditions attached to a construction permit for an AM 
station, that current distribution measurements be made when the 
applicant employs a top-loaded antenna, instead permitting use of MoM 
modeling to determine antenna characteristics. The Commission received 
no objections to this proposal, which will eliminate an unnecessary 
regulatory burden. The Commission therefore directed its staff to 
modify the conditions attached to AM construction permits accordingly.
    11. The Commission also noted that, as part of a Notice of Inquiry 
set forth with the AMR FNPRM, it requested comment as to whether the 
main studio requirements, contained in 47 CFR 73.1125 and in Commission 
precedent, should be relaxed in order to offer relief to AM 
broadcasters. This aspect of the Notice of Inquiry, however, has been 
superseded by a new proceeding, MB Docket No. 17-106, in which the 
Commission proposed to eliminate the main studio requirements for all 
broadcasters. Accordingly, the Commission will not further consider 
issues pertaining to main studio requirements for AM stations in the AM 
Revitalization proceeding.

Final Regulatory Flexibility Analysis

    12. As required by the Regulatory Flexibility Act of 1980, as 
amended (RFA) (5 U.S.C. 603), an Initial Regulatory Flexibility 
Analysis (IRFA) was incorporated in the AMR FNPRM (30 FCC Rcd 12145, 
12202-05 (2015)). The Commission sought written public comment on the 
proposals in the AMR FNPRM, including comment on the IRFA. The 
Commission received no comments on the IRFA. This Final Regulatory 
Flexibility Analysis (FRFA) conforms to the RFA (see 5 U.S.C. 604).

Need for, and Objectives of, the First Report and Order

    13. This Third Report and Order (Third R&O) adopts several changes 
to the rules, many of which were first suggested by commenters in the 
initial round of commenting in this proceeding. First, the Commission 
proposed to modify the rules on submission of partial proofs of 
performance of directional AM antenna arrays. The current rules require 
that field strength measurements be taken on all radials containing a 
monitoring point (a specific location at which regular measurements are 
taken), as well as on radials adjacent to monitored radials if the 
array has fewer than four monitored radials. The Commission proposed to 
eliminate the second requirement, of taking measurements on non-
monitored radials, in order to ease regulatory burdens on and expense 
to AM broadcasters using directional antenna arrays. Most commenters 
concurred with the proposal or with slight variations to it, with two 
commenters suggesting more stringent analyses of such directional 
antenna arrays. Overall, the Commission agreed with most commenters 
that measurement of monitored radials is sufficient to verify the 
integrity of the antenna pattern, and that dropping the adjacent-
radials requirement would save broadcasters time and expense. The 
Commission therefore adopted the rule change as proposed.
    14. The next set of proposed changes concerned modifications of 
rules pertaining to Method of Moments (MoM) proofs of directional AM 
antenna system performance. The rules provide for two methods of 
verifying the performance of a directional AM array. The traditional 
method is by taking field strength measurements of the antenna pattern. 
In 2008, the Commission promulgated rules for verifying directional 
array performance through MoM proofs. An MoM proof allows an AM 
licensee to verify antenna performance with MoM software, which uses 
measurements of internal parameters in conjunction with a physical 
model of the antenna to compute the contribution of each antenna 
element to the directional pattern. MoM proofs are thus a less 
expensive alternative to taking field strength measurements of the 
directional pattern. In the years since the Commission first allowed 
submission of MoM proofs, over 220 such proofs have been submitted. 
Based on that experience, the Commission took note of commenter 
requests to modify some of the rules pertaining to MoM analyses in 
order to make them even less burdensome.
    15. The Commission proposed and, based on comments, adopted the 
following rule changes: (1) Eliminating the requirement for biennial 
recertification of the performance of a directional pattern licensed 
pursuant to an MoM proof, except as to any system components that have 
been repaired or replaced, under 47 CFR 73.155; (2) retaining the 
requirement for an initial set of reference field strength 
measurements, but eliminating the requirement to submit further 
reference field strength measurements on relicensing, under 47 CFR 
73.151(c)(3); (3) eliminating the requirement of a licensed surveyor's 
certification under 47 CFR 73.151(c)(1)(ix) for relicensing of any 
existing AM station directional array, provided that the tower geometry 
is not being modified and no new towers are being added to the array; 
and (4) clarifying that the provisions of 47 CFR 73.151(c)(1)(viii) 
apply only when total capacitance used to model base region effects 
exceeds 250 pF and should apply only when base current sampling is 
used. All of these changes received support in the record, sometimes 
with variations suggested, and were adopted in order to lessen the 
burdens and expense to AM licensees.
    16. Additionally, the Commission proposed in the AMR FNPRM to allow 
MoM modeling of skirt-fed towers, but based on comments it concluded 
that more experience with modeling such towers is needed before 
allowing and promulgating standards for such analyses. It did not adopt 
any new rules in this regard. Finally, the Commission proposed to 
codify the standards under which a new proof of performance was to be 
filed when adding antennas or adding or modifying other system 
components above the base insulator of a tower in an AM array. The 
rules (47 CFR 1.30003(b)(2)) already provide such standards in 
reference to adding antennas to towers. The Third R&O adopts a rule 
section codifying the same procedures already set forth in 47 CFR 
1.30003(b)(2) with regard to the addition or modification of any system 
components above the base insulator, not limited to antennas. This 
clears up any ambiguity regarding whether addition or modification of 
such components requires filing new proofs of performance with the 
Commission.

[[Page 51164]]

    17. The Commission also released a Notice of Inquiry along with the 
AMR FNPRM, in which among other things it asked whether its rules for 
siting and staffing an AM station main studio should be relaxed. Since 
release of the Notice of Inquiry, however, the Commission released a 
Notice of Proposed Rule Making in a new proceeding, in which it 
proposes to eliminate main studio rules for all broadcast services. 
(Elimination of Main Studio Rule, Notice of Proposed Rule Making, MB 
Docket No. 17-106, 32 FCC Rcd 4415 (2017)). Accordingly, in the Third 
R&O the Commission stated that it would no longer consider this issue 
in the AM Revitalization proceeding.

Summary of Significant Issues Raised by Public Comments in Response to 
the IRFA

    18. There were no comments to the IRFA filed.

Response to Comments by the Chief Counsel for Advocacy of the Small 
Business Administration

    19. Pursuant to the Small Business Jobs Act of 2010, which amended 
the RFA, the Commission is required to respond to any comments filed by 
the Chief Counsel for Advocacy of the Small Business Administration 
(SBA), and to provide a detailed statement of any change made to the 
proposed rules as a result of those comments. 5 U.S.C. 604(a)(3). The 
Chief Counsel did not file any comments in response to the proposed 
rules in this proceeding.

Description and Estimate of the Number of Small Entities to Which the 
Rules Apply

    20. The RFA directs the Commission to provide a description of and, 
where feasible, an estimate of the number of small entities that will 
be affected by the rules adopted herein. 5 U.S.C. 603(b)(3). The RFA 
generally defines the term ``small entity'' as having the same meaning 
as the terms ``small business,'' small organization,'' and ``small 
government jurisdiction.'' 5 U.S.C. 601(6). In addition, the term 
``small business'' has the same meaning as the term ``small business 
concern'' under the Small Business Act. 5 U.S.C. 601(3). A small 
business concern is one which: (1) Is independently owned and operated; 
(2) is not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA). 15 U.S.C. 632.
    21. The subject rules and policies will apply to those AM radio 
broadcasting licensees and potential licensees employing directional 
antenna arrays. A radio broadcasting station is an establishment 
primarily engaged in broadcasting aural programs by radio to the 
public. 15 U.S.C. 632. Included in this industry are commercial, 
religious, educational, and other radio stations. Id. Radio 
broadcasting stations which primarily are engaged in radio broadcasting 
and which produce radio program materials are similarly included. Id. 
However, radio stations that are separate establishments and are 
primarily engaged in producing radio program material are classified 
under another NAICS number. Id. The SBA has established a small 
business size standard for this category, which is: Firms having $38.5 
million or less in annual receipts. 13 CFR 121.201, NAICS code 515112 
(updated for inflation in 2008). According to the BIA/Kelsey, MEDIA 
Access Pro Database on July 27, 2017, 4,644 (99.94%) of 4,647 AM radio 
stations have revenue of $38.5 million or less. Therefore, the majority 
of such entities are small entities. We note, however, that, in 
assessing whether a business concern qualifies as small under the above 
definition, business (control) affiliations (13 CFR 121.103(a)(1)) must 
be included. Our estimate, therefore, likely overstates the number of 
small entities that might be affected by our action, because the 
revenue figure on which it is based does not include or aggregate 
revenues from affiliated companies.

Description of Projected Reporting, Recordkeeping and Other Compliance 
Requirements

    22. As described, the rule changes will not result in substantial 
increases in burdens on applicants, and in fact will decrease burdens 
on many applicants. The rule changes adopted in the Third R&O do not 
involve application changes, and to the extent they affect reporting or 
recordkeeping requirements they reduce those burdens by exempting AM 
broadcasters with directional antenna arrays from certain field 
strength measurements; from biennial recertification of antenna arrays; 
from filing new proofs of performance or surveyor's reports in many 
cases; and from making current distribution measurements. Thus, the 
rule changes adopted in the Third R&O, at most, do not change reporting 
requirements, or recordkeeping requirements beyond what is already 
required, and in many cases reduce reporting and recordkeeping 
requirements for AM broadcasters operating with directional antenna 
arrays. The elimination of main studio rules for AM stations will also 
eliminate certain reporting requirements, but the Commission has 
indicated that it will not consider the elimination of such rules 
further in this proceeding.

Steps Taken To Minimize Significant Impact of Small Entities, and 
Significant Alternatives Considered

    23. 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. 5 U.S.C. 603(c)(1)-(c)(4).
    24. The majority of commenters who commented on the proposals 
adopted in the Third R&O supported the proposals. Some suggested 
variations on the rule changes as proposed; a few rejected the proposed 
changes, some with little comment other than to voice their opposition. 
Based on the comments, the Commission adopted the proposed change to 
the partial proof of performance rules, and six out of seven discrete 
proposals with regard to MoM proofs. The Commission concurred with 
those commenters that stated, at some length, that the Commission and 
the engineering community did not yet have sufficient experience with 
MoM modeling of skirt-fed towers to allow the Commission to set forth 
rules regarding such analyses. The Commission also changed the proposal 
regarding recertification of an AM station licensed with a directional 
antenna pattern pursuant to an MoM proof from that originally proposed. 
While the Commission proposed in the AMR FNPRM to delete the 
recertification requirement entirely for an AM station licensed with a 
directional antenna pattern pursuant to an MoM proof, the Commission 
based on a commenter suggestion decided to retain the recertification 
requirement only in the case of repair to or replacement of affected 
system components, and then only as to those components. In general, 
the Commission favored those comments that resulted in relaxed 
regulatory burdens on AM broadcasters, to the extent this could be 
accomplished without compromising the technical integrity of the AM 
broadcast service.
    25. Report to Congress. The Commission will send a copy of the

[[Page 51165]]

Third R&O, including this FRFA, in a report to Congress and the 
Government Accountability Office pursuant to the Small Business 
Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 801(a)(1)(a). In 
addition, the Commission will send a copy of the Third R&O, including 
the FRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration. A copy of the Second R&O and FRFA (or summaries 
thereof) will also be published in the Federal Register. See 5 U.S.C. 
604(b).

Ordering Clauses

    26. Accordingly, it is ordered that, pursuant to the authority 
contained in Sections 1, 2, 4(i), 303, and 307 of the Communications 
Act of 1934, 47 U.S.C. 151, 152, 154(i), 303, and 307, this Third 
Report and Order is adopted.
    27. It is further ordered that, pursuant to the authority found in 
Sections 1, 2, 4(i), 303, and 307 of the Communications Act of 1934, 47 
U.S.C. 151, 152, 154(i), 303, and 307, the Commission's rules are 
hereby amended as set forth in Appendix A to the Third Report and 
Order.
    28. It is further ordered that the Commission's Consumer and 
Governmental Affairs Bureau, Reference Information Center, shall send a 
copy of this Third Report and Order, including the Final Regulatory 
Flexibility Act Analysis, to the Chief Counsel for Advocacy of the 
Small Business Administration.
    29. It is further ordered that the Commission shall send a copy of 
this Third Report and Order in a report to be sent to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).
    30. It is further ordered that the rule change to 47 CFR 
73.151(c)(1)(viii) adopted herein will become effective 30 days after 
the date of publication in the Federal Register.
    31. It is further ordered that the rule changes to 47 CFR 
73.151(c)(1)(ix), 73.151(c)(1)(x), 73.151(c)(3), 73.154(a), and 73.155, 
all of which contain new or modified information collection 
requirements that require approval by the Office of Management and 
Budget (OMB) under the PRA, will become effective after the Commission 
publishes a notice in the Federal Register announcing such approval and 
the relevant effective date.

List of Subjects in 47 CFR Part 73

    Communications equipment, Radio.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Final Rule

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

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 309, 310, 334, 336, and 339.


0
2. Section 73.151 is amended by revising paragraphs (c)(1)(viii) and 
(ix), adding paragraph (c)(1)(x), and revising paragraph (c)(3) to read 
as follows:


Sec.  73.151  Field strength measurements to establish performance of 
directional antennas.

* * * * *
    (c) * * *
    (1) * * *
    (viii) The shunt capacitance used to model the base region effects 
shall be no greater than 250 pF unless the measured or manufacturer's 
stated capacitance for each device other than the base insulator is 
used. The total capacitance of such devices shall be limited such that 
in no case will their total capacitive reactance be less than five 
times the magnitude of the tower base operating impedance without their 
effects being considered. This ``five times'' requirement only applies 
when the total capacitance used to model base region effects exceeds 
250 pF and when base current sampling is used.
    (ix) The orientation and distances among the individual antenna 
towers in the array shall be confirmed by a post-construction 
certification by a land surveyor (or, where permitted by local 
regulation, by an engineer) licensed or registered in the state or 
territory where the antenna system is located. Stations submitting a 
moment method proof for a pattern using towers that are part of an 
authorized AM array are exempt from the requirement to submit a 
surveyor's certification, provided that the tower geometry of the array 
is not being modified and that no new towers are being added to the 
array.
    (x) An AM station that verified the performance of its directional 
antenna system using computer modeling and sampling system verification 
under this rule section, that makes modifications to tower or system 
components above the base insulator, shall follow the procedures set 
forth in section 1.30003(b)(2) of this chapter.
* * * * *
    (3) When the application for an initial license for a directional 
antenna system is submitted that is based on computer modeling and 
sample system verification, reference field strength measurement 
locations shall be established in the directions of pattern minima and 
maxima. On each radial corresponding to a pattern minimum or maximum, 
there shall be at least three measurement locations. The field strength 
shall be measured at each reference location at the time of the proof 
of performance. The license application shall include the measured 
field strength values at each reference point, along with a description 
of each measurement location, including GPS coordinates and datum 
reference. New reference field strength measurements are not required 
for subsequent license applications for the same directional antenna 
pattern and physical facilities.

0
3. Section 73.154 is amended by revising paragraph (a) to read as 
follows:


Sec.  73.154  AM directional antenna partial proof of performance 
measurements.

    (a) A partial proof of performance consists of at least 8 field 
strength measurements made on each of the radials that includes a 
monitoring point.
* * * * *

0
4. Revise Sec.  73.155 to read as follows:


Sec.  73.155  Directional antenna performance recertification.

    A station licensed with a directional antenna pattern pursuant to a 
proof of performance using moment method modeling and internal array 
parameters as described in Sec.  73.151(c) shall recertify the 
performance of the antenna monitor sampling system only in the case of 
repair to or replacement of affected system components, and then only 
as to the repaired or replaced system components. Any recertification 
of repaired or replaced system components shall be performed in the 
same manner as an original certification of the affected system 
components under Sec.  73.151(c)(2)(i) of this part. The results of the 
recertification measurements shall be retained in the station's public 
inspection file.

[FR Doc. 2017-23908 Filed 11-2-17; 8:45 am]
BILLING CODE 6712-01-P


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