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Nature and Extent of Confidentiality: manager must provide dispatchable § 9.11 [Amended] There is no need for confidentiality with location, if technically feasible. ■ 4. Amend § 9.11 by removing this collection of information. Otherwise it must provide either (1) paragraph (c). Needs and Uses: The Commission is manually-updated dispatchable obligated by statute to promote ‘‘safety location, or (2) enhanced location § 9.16 [Amended] of life and property’’ and to ‘‘encourage information, which may be coordinate- ■ 5. Amend § 9.16 by removing and facilitate the prompt deployment based, consisting of the best available paragraph (c). throughout the United States of a location that can be obtained from any seamless, ubiquitous, and reliable end- available technology or combination of [FR Doc. 2020–25879 Filed 12–1–20; 11:15 am] to-end infrastructure’’ for public safety. technologies at reasonable cost. The BILLING CODE 6712–01–P Congress has established 911 as the requirements adopted in the 2019 Order national emergency number to enable account for variance in the feasibility of all citizens to reach emergency services FEDERAL COMMUNICATIONS providing dispatchable location for non- COMMISSION directly and efficiently, irrespective of fixed MLTS 911 calls, and the means whether a citizen uses wireline or available to provide it. The information 47 CFR Part 73 wireless technology when calling for collection requirements associated with help by dialing 911. Efforts by federal, these rules will ensure that Fixed state and local government, along with [MB Docket Nos. 19–311, 13–249; FCC 20– Telephony and MLTS providers have 154, FR ID 17233] the significant efforts of wireline and the means to provide 911 callers’ wireless service providers, have resulted locations to PSAPs, thus reducing All-Digital AM Broadcasting, in the nearly ubiquitous deployment of response times for emergency services. Revitalization of the AM Radio Service this life-saving service. Section 506 of RAY BAUM’S Act List of Subjects in 47 CFR Part 9 AGENCY: Federal Communications requires the Commission to ‘‘consider Communications common carriers, Commission. adopting rules to ensure that the Communications equipment, Radio. ACTION: Final rule. dispatchable location is conveyed with a 9–1–1 call, regardless of the Federal Communications Commission. SUMMARY: The Federal Communications technological platform used and Marlene Dortch, Commission provides an option for AM including with calls from multi-line Secretary. stations to broadcast using an all-digital telephone system.’’ RAY BAUM’S Act For the reasons discussed in the signal. also states that, ‘‘[i]n conducting the preamble, the Federal Communications DATES: Effective January 4, 2021, except proceeding . . . the Commission may Commission amends 47 CFR part 9 as for new rule § 73.406. The Commission consider information and conclusions follows: will publish a document in the Federal from other Commission proceedings Register announcing the effective date regarding the accuracy of the PART 9—911 REQUIREMENTS of the rule. dispatchable location for a 9–1–1 call FOR FURTHER INFORMATION CONTACT: . . . .’’ RAY BAUM’S Act defines a ‘‘9– ■ 1. The authority citation for part 9 James Bradshaw, Deputy Division Chief, 1–1 call’’ as a voice call that is placed, continues to read as follows: Media Bureau, Audio Division (202) or a message that is sent by other means Authority: 47 U.S.C. 151–154, 152(a), 418–2739; Christine Goepp, Attorney of communication, to a Public Safety 155(c), 157, 160, 201, 202, 208, 210, 214, 218, Advisor, Media Bureau, Audio Division, Answering Point (PSAP) for the purpose 219, 222, 225, 251(e), 255, 301, 302, 303, 307, (202) 418–7834. For additional of requesting emergency services. 308, 309, 310, 316, 319, 332, 403, 405, 605, As part of implementing Section 506 610, 615, 615 note, 615a, 615b, 615c, 615a– information concerning the Paperwork of RAY BAUM’S Act, on August 1, 1, 616, 620, 621, 623, 623 note, 721, and Reduction Act (PRA) information 2019, the Commission adopted a Report 1471, unless otherwise noted. collection requirements contained in this document, contact Cathy Williams and Order (2019 Order), set forth rules § 9.8 [Amended] requiring Fixed Telephony providers at 202–418–2918, or via the internet at and MLTS providers to ensure that ■ 2. Amend § 9.8 by removing and [email protected]. dispatchable location is conveyed with reserving paragraph (b). SUPPLEMENTARY INFORMATION: This is a 911 calls. ■ 3. Amend § 9.10 by revising paragraph summary of the Commission’s Report The Commission’s 2019 Order (s) to read as follows: and Order (R&O), MB Docket Nos. 19– adopted 9.8(a) and 9.16(b)(3)(i), (ii), and 311, 13–249; FCC 20–154, adopted on (iii) to facilitate the provision of § 9.10 911 Service. October 27, 2020, and released on automated dispatchable location. For * * * * * October 28, 2020. The full text of the Fixed Telephony and in fixed Multi-line (s) Compliance date(s). Paragraphs R&O will be available electronically via Telephone Systems (MLTS) (i)(2)(ii)(C) and (D), (i)(2)(ii)(J)(4), the FCC’s Electronic Document environments, providers must provide (i)(4)(iv) and (v), (j)(4), and (k) of this Management System (EDOCS) website automated dispatchable location with section contain information-collection at http://fjallfoss.fcc.gov/edocs_public/ 911 calls. For on-premises, non-fixed and recordkeeping requirements. or via the FCC’s Electronic Comment devices associated with an MLTS, the Compliance with paragraphs (i)(2)(ii)(C) Filing System (ECFS) website at http:// MLTS operator or manager must and (D), (i)(2)(ii)(J)(4), (i)(4)(iv) and (v), www.fcc.gov/ecfs. Alternative formats provide automated dispatchable (j)(4), and (k) will not be required until are available for people with disabilities location to the appropriate PSAP when after approval by the Office of (Braille, large print, electronic files, technically feasible; otherwise they Management and Budget. The audio format), by sending an email to must provide either dispatchable Commission will publish a document in [email protected] or calling the location based on end-user manual the Federal Register announcing Commission’s Consumer and update, or alternative location compliance dates with those paragraphs Governmental Affairs Bureau at (202) information. For off-premises MLTS and revising this paragraph (s) 418–0530 (voice), (202) 418–0432 calls to 911, the MLTS operator or accordingly. (TTY).

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Paperwork Reduction Act broadcasting in the AM and FM bands stated that it will waive licensing fees The R&O contains new or modified approved by the Commission is the HD for AM stations that choose to go all- information collection requirements Radio IBOC system. Although many FM digital. 5. Operating and technical rules. In subject to the Paperwork Reduction Act stations have converted to hybrid the R&O, the Commission establishes of 1995 (PRA), Public Law 104–13, see broadcasting, various technical and other issues have prevented the that the power limits for all-digital 44 U.S.C. 3507. The Commission, as widespread adoption of hybrid stations must be calculated using the part of its continuing effort to reduce broadcasting by AM stations. average power of the all-digital signal, paperwork burdens, will invite the 2. Testing and experimental including the unmodulated analog general public and the Office of broadcasting indicate that all-digital AM carrier and all of the digital sidebands, Management and Budget (OMB) to transmission has the potential to to determine whether the station comment on the information collection improve signal ‘‘robustness’’—or complies with the nominal power limits requirements contained in this resistance to interference and other set out in § 73.21 of the Commission’s document in a separate Federal Register impairments—as well as the ability to rules. Using the average power to Notice, as required by the PRA. These transmit auxiliary information to calculate compliance with the nominal new or modified information collections accompany the main audio power limit will enable more stations to will become effective after the programming. This robustness will use existing transmitters for all-digital Commission publishes a document in result in a clearer signal for listeners operations, thus reducing the cost of the Federal Register announcing such and a greater area of listenable coverage upgrading to all-digital and allowing approval and the relevant effective date. compared to an analog signal. All-digital more stations to convert. In addition, In addition, pursuant to the Small broadcasting will increase the format this method of calculating nominal Business Paperwork Relief Act of 2002, choices that AM broadcasters can offer power will result in a lower operating Public Law 107–198, see 44 U.S.C. to their audiences, including the option power for all-digital stations, which will 3506(c)(4), the Commission previously of music programming. Digital operation be less likely to cause interference with sought specific comment on how the also eliminates the tradeoff between analog signals while still maintaining Commission might further reduce the receiver audio bandwidth and noise improved listenable coverage areas. information collection burden for small performance. In addition, digital 6. The Commission applies the business concerns with fewer than 25 broadcasting allows visual and other emissions mask set out in § 73.44 of the employees. metadata, such as song and artist Commission’s rules to all-digital Congressional Review Act identification, station identification, and operations. This emissions mask emergency information, to be attenuates—or limits—spectral The Commission will send a copy of transmitted along with the audio emissions outside a bandwidth of 20 the R&O to Congress and the content. Such auxiliary information is kHz to the point where they do not Government Accountability Office increasingly expected by consumers and cause significant adjacent channel (GAO) pursuant to the Congressional considered to be a vital component of interference. The Commission Review Act, 5 U.S.C. 801(a)(1)(A). modern broadcasting. Finally, all-digital concludes that these emissions limits Synopsis broadcasting will result in energy and will adequately protect stations on spectrum efficiencies, because it adjacent channels from all-digital 1. Introduction. In this R&O, the provides additional and/or improved interference. It declines to impose the Commission adopts rules regarding all- services over the same allocated stricter emissions limits set out in the digital AM broadcasting that it proposed frequencies. HD Radio specifications, which may not in a notice of proposed rulemaking, FCC 3. The Commission anticipates that be set at technically feasible levels and 19–123, 34 FCC Rcd 11560 (2019), 85 potential loss of service to analog-only may need to be revisited in light of field FR 649 (Jan. 7, 2020) (NPRM). These listeners will be mitigated by the data from all-digital experimental rules allow AM stations, on a voluntary gradual, voluntary nature of the operation. Although testing indicates basis, to cease broadcasting an analog transition, the financial interest of radio that the digital signals may cause some signal and broadcast using only an all- stations in reaching a wide audience, increased degradation to analog signals, digital signal in the HD Radio MA3 duplicate programming provided by co- in most cases this will be masked by the mode. This measure will benefit AM owned AM stations, and analog noise floor, and in any case there is no stations and their listeners by improving broadcasts on FM translators affiliated evidence that interference will occur reception quality and listenable with all-digital AM stations. within service areas that are currently coverage in stations’ service areas and 4. The Commission finds that a protected under our rules. will advance the Commission’s goal of sufficient number of digital receivers are 7. Recognizing that digital power improving and modernizing the AM currently in use to support a voluntary measurement is an evolving and highly radio service. Currently, the AM option to convert to all-digital. technical area, the Commission provides broadcasting service suffers from Moreover, as the number of digital all-digital licensees the flexibility to interference and reception issues caused receivers increases, more markets will choose any reliable and reasonably in part by increased emissions from be able to support all-digital accurate method to measure their various consumer electronic devices as broadcasting. Similarly, the cost of compliance with the Commission’ well as broadcast sources. As a result, conversion is not an impediment to operating power and power spectral many AM stations are constrained to providing a voluntary option to convert, density rules, including measurement low-fidelity voice formats such as talk because stations can make their own tools integrated into digital transmitters, radio. Under the current rules, AM and decisions whether to pursue all-digital thermocouple RF ammeters, or FM stations are permitted to broadcast operations based on their own financial averaging the power spectral density in using either an analog signal or the and technical situation as well as the a 300-Hz bandwidth over a minimum hybrid analog and digital system needs and interests of their audience time span of 30 seconds and a minimum licensed by Xperi Corporation under the and the number of digital receivers in of 100 sweeps. brand name HD Radio. In the United their market. The Commission notes 8. Each all-digital station is obligated States, the only technology for digital that at the time of adoption, Xperi has to provide at least one free over-the-air

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digital programming stream that is resolve any immediate issues using station; (2) a transition from enhanced comparable to or better in audio quality existing rules and the remediation to core-only operating mode; or (3) a than a standard analog broadcast. procedure. Both daytime and nighttime reversion from all-digital to hybrid or Beyond this requirement, an all-digital all-digital AM operation are permitted, analog operation. licensee can use its additional digital and any prohibited interference 14. Although the Commission directs bitrate capacity for either broadcast or resulting from nighttime skywave broadcasters to use the current Form non-broadcast services consistent with transmissions must be promptly 335–AM for all-digital notifications, the Commission’s technical rules. The resolved. Finding that the record additional information is required for Commission permits each AM demonstrates the technical feasibility of notification of all-digital operations broadcaster to select either core-only or all-digital broadcasting, the Commission specifically. Therefore, until the Form enhanced mode transmission as their concludes that it is not in the public 335–AM is updated to display all-digital situation dictates. interest to delay implementation by operation requirements, the 9. The Commission imposes the same requiring additional tests or require that Commission directs filers to select ‘‘N/ carrier frequency tolerance applicable to stations undertake potentially expensive A’’ as appropriate within the form and analog and hybrid stations (±20 Hz) on digital conversions under experimental submit an attachment with the Form all-digital AM stations. It declines to licenses. 335–AM containing the following impose a ±1 Hz AM carrier frequency 12. All all-digital AM stations, like information: (1) The type of notification tolerance standard on all AM stations as other broadcast stations, must (all-digital notification, increase in proposed in the NPRM, on the basis that participate in the nationwide nominal power, reduction in nominal the benefit to audio reception of doing Emergency Alert System (EAS). This power, transition from core-only to so would not outweigh the burden on obligation extends to ensuring that any enhanced, transition from enhanced to already struggling AM stations. The ‘‘downstream’’ EAS participant stations core-only, reversion from all-digital to Commission also declines to incorporate are capable of receiving and decoding hybrid or analog operation); (2) the date by reference the National Radio Systems EAS alerts from the all-digital station or that new or modified all-digital Committee’s NRSC–5–D standard can adjust their monitoring assignments operation will commence or has ceased; governing all-digital transmission into to receive EAS alerts from another (3) a certification that the all-digital the Commission’s rules, as proposed in nearby station. The Commission operations will conform to the relevant the NPRM, finding that there is no need concludes that listeners will have nominal power and spectral emissions to do so and that—as a voluntary sufficient access to EAS alerts without limits; (4) the nominal power of the all- industry standard—the standard can be mandating that EAS alerts be digital station; (5) a certification that the more readily updated in response to transmitted using analog signals. In all-digital station complies with all EAS technological developments or addition, all-digital stations can requirements; and (6) if a notification of operational feedback from all-digital transmit useful emergency information commencement of new all-digital stations. to listeners other than on the main service or a nominal power change, 10. The Commission prohibits all- audio stream, including, for example, whether the station is operating in core- digital stations from causing text in multiple languages or images only or enhanced mode. interference as currently defined in the such as missing persons or evacuation 15. During the 30-day period rules. Although testing indicates that routes. established above, the Commission the potential for co-channel interference 13. The Commission adopts a requires that an AM broadcaster is higher for all-digital than for analog, modified version of the current digital commencing new all-digital operation the Commission concludes that neither notification procedure for all-digital must provide reasonable notice to its adjacent- or co-channel interference as stations by adding a 30-day waiting listeners that the station will be defined in the rules is likely to occur. period for certain operational changes. converting to all-digital operation and The potential for additional co-channel Specifically, it requires licensees to will no longer be available on analog interference is mitigated in the presence electronically file a digital notification, receivers. Because broadcasters have a of a high level of environmental noise, using the existing FCC Form 335–AM strong incentive to promote such a in which case the all-digital interference Digital Notification (or any successor change to their listeners, the is likely to be subsumed by the overall notification), to notify the Commission Commission gives them flexibility to noise floor, masking the interfering of the following changes: (1) The use reasonable methods intended to effect of the all-digital signal. However, commencement of new all-digital reach their audience, including on-air if prohibited interference occurs, the operation; (2) an increase in nominal and website announcements. However, Commission establishes a remediation power of an all-digital AM station; or (3) in the event that the reasonableness of procedure based on the procedures a transition from core-only to enhanced notice of conversion to all-digital currently applicable to hybrid stations. operating mode. All-digital AM operation is challenged, the Specifically, the Commission expects notifications will be placed on a Commission would consider it AM all-digital operators and Commission public notice, and new presumptively sufficient if the complaining stations to work together to operation may begin no sooner than 30 broadcaster provided at least the same identify whether interference exists and calendar days from the date of this amount of notice as that set out in to resolve it in a mutually acceptable public notice. This will minimize the § 73.3580, the local public notice rule, fashion, including voluntary power paperwork required for all-digital AM with which broadcasters are already reduction. conversions while giving local co- familiar. 11. The new rules permit up to 6 dB channel and adjacent channel stations 16. The Commission declined to power reduction, without prior time to gather baseline data on their consider alternative technologies to HD approval, in the all-digital secondary or existing coverage before the new all- Radio, such as Digital Radio Mondiale, tertiary sidebands (but not the primary digital operation begins. Digital finding that in the absence of any data digital sidebands) to avoid or resolve notification must be submitted within regarding DRM performance in the U.S. prohibited interference. The ten days of implementing all other AM band, it cannot evaluate its merits. Commission expects that the gradual changes, namely: (1) Any reduction in Because it is in the public interest to nature of the transition will enable it to nominal power of an all-digital AM provide an immediate path forward for

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AM stations to broadcast in all-digital as all-digital meets their own needs and Counsel for Advocacy of the Small their circumstances allow, the market demand. In the R&O, the Business Administration (SBA), and to Commission approves the HD Radio Commission concludes that the public provide a detailed statement of any MA3 mode as the only currently feasible interest in the long-term viability of AM change made to the proposed rules as a technology option before it, but does not stations and the valuable services they result of those comments. 5 U.S.C. foreclose the future consideration of provide, outweighs a possible loss of 604(a)(3). The Chief Counsel did not file alternative transmission technologies. service to some current analog listeners any comments in response to the as broadcasters and the listening public proposed rules in this proceeding. Procedural Matters transition to an all-digital environment. 24. Description and Estimate of the 17. Final Regulatory Flexibility All-digital service represents a Number of Small Entities to Which the Analysis. As required by the Regulatory significant and singular opportunity to Proposed Rules Will Apply. The RFA Flexibility Act of 1980, as amended preserve the AM service for future directs the Commission to provide a (RFA), an Initial Regulatory Flexibility listeners. Any disruption to analog description of and, where feasible, an Analysis (IRFA) was incorporated into listeners will take place gradually, as estimate of the number of small entities the NPRM in this proceeding. The AM stations individually decide their that will be affected by the rules Commission sought written public audience is ready to convert to all- adopted herein. The RFA generally comment on the proposals in the NPRM, digital, with full notice to consumers defines the term ‘‘small entity’’ as including comment on the IRFA. and ample opportunity to adjust to the having the same meaning as the terms Because the Commission amended the new technology. ‘‘small business,’’ ‘‘small organization,’’ rules in this Report and Order (R&O), it 20. In the R&O, the Commission and ‘‘small government jurisdiction.’’ In included this Final Regulatory authorizes all-digital operations subject addition, the term ‘‘small business’’ has Flexibility Analysis (FRFA), which to the requirement that all-digital the same meaning as the term ‘‘small conforms to the RFA. operations not cause prohibited business concern’’ under the Small 18. Need for, and Objectives of, the interference to existing broadcast Business Act. A small business concern R&O. The R&O adopts several rule stations. In the unlikely event that such is one which: (1) Is independently changes to allow AM stations to interference would occur, the owned and operated; (2) is not voluntarily broadcast an all-digital Commission will apply current dominant in its field of operation; and signal using the digital broadcasting remediation procedures that encourage (3) satisfies any additional criteria technology known as HD Radio MA3. cooperation between the parties to established by the Small Business This action will improve the AM radio resolve complaints and include an Administration (SBA). service by providing enhanced audio option to voluntarily reduce power. The 25. Radio Stations. Radio stations are quality, increasing listenable reception Commission adopts the proposal in the an Economic Census category that areas, and allowing additional metadata NPRM that each all-digital station is ‘‘comprises establishments primarily textual information, such as song and obligated to provide at least one free engaged in broadcasting aural programs artist identification, traffic services, and over-the-air digital programming stream by radio to the public. Programming digital emergency alerts, to be that is comparable to or better in audio may originate in their own studio, from transmitted along with the main audio quality than a standard analog an affiliated network, or from external programming. All-digital operation will broadcast. It also mandates that all- sources.’’ The SBA has established a increase the format choices that AM digital AM stations participate in the small business size standard for this broadcasters can offer to their national Emergency Alert System (EAS). category as firms having $41.5 million audiences, including the option of 21. Although all-digital conversion is or less in annual receipts. Economic music programming. These greater a purely voluntary process for Census data for 2012 shows that 2,849 capabilities will level the playing field individual AM stations, the Commission radio station firms operated during that between AM and FM signals from the strongly supports an all-digital future year. Of that number, 2,806 operated listener’s perspective, and help AM and affirms that the objective of the with annual receipts of less than $25 stations recapture audiences lost to FM proceeding is a viable all-digital AM million per year, and 43 firms had radio, satellite radio, or online service. Supporting all-digital removes annual receipts of $25 million or more. streaming services because of their any regulatory uncertainty about the Because the Census has no additional higher sound fidelity and broader future of the AM HD Radio system and classifications that could serve as a basis programming array. All-digital AM should give car companies and receiver for determining the number of stations operation will also provide the full manufacturers reassurance to invest in whose receipts exceeded $41.5 million technological benefits of digital AM digital receivers. Thus, an all-digital in that year, the Commission concludes broadcasting while avoiding the environment will reduce the likelihood that the majority of radio broadcast shortcomings of the current analog or of interference while maximizing digital stations were small entities under the hybrid modes of transmission, which benefits such as an improved high- applicable SBA size standard. are more susceptible to noise and quality listener experience, signal 26. Apart from the U.S. Census, the interference, more likely to cause robustness, reliable and listenable Commission has estimated the number interference to other stations, and place coverage, and superior audio quality. of licensed commercial AM stations to more demands on an AM station’s 22. Summary of Significant Issues be 4,570 and the number of commercial transmission and antenna system. Raised by Public Comments in Response FM stations to be 6,706 for a total of 19. All-digital operation provides to the IRFA. There were no comments 11,276, along with 8,303 FM translator greater usable signal coverage, is energy- to the IRFA filed. and booster stations. According to BIA/ and spectrum-efficient, and will be 23. Response to Comments by the Kelsey Publications, Inc.’s Media Access supported by an ever-increasing number Chief Counsel for Advocacy of the Small Pro Database, as of March 2020, 4,389 of digital receivers. Since all-digital Business Administration. Pursuant to AM stations and 6,767 FM stations had operation is completely voluntary, and the Small Business Jobs Act of 2010, revenues of $41.5 million or less. In the cost of conversion will vary from which amended the RFA, the addition, the Commission has estimated station to station, AM broadcasters will Commission is required to respond to the number of noncommercial be able to decide whether conversion to any comments filed by the Chief educational FM radio stations to be

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4,197. NCE stations are non-profit, and notification must be submitted within innovation regarding the all-digital HD therefore considered to be small entities. ten days of implementing all other Radio technology. Therefore, in Accordingly, the Commission estimates changes, namely: (1) Any reduction in reaching the approach taken in the R&O, that the majority of radio broadcast nominal power of an all-digital AM the Commission considered various stations are small entities. The station; (2) a transition from enhanced alternatives and their effects on AM Commission notes, however, that, in to core-only operating mode; or (3) a broadcasters, including small entities. assessing whether a business concern reversion from all-digital to hybrid or 32. Report to Congress. The qualifies as small under the above analog operation. There is no fee for Commission will send a copy of the definition, business (control) affiliations filing a digital notification. R&O to Congress and the Government must be included. Our estimate, 29. The R&O does not adopt Accountability Office pursuant to the therefore, likely overstates the number recordkeeping requirements. However, Congressional Review Act. In addition, of small entities that might be affected it does require licensees converting AM the Commission will send a copy of the by our action, because the revenue stations to all-digital operation to document, including this FRFA, to the figure on which it is based does not provide reasonable notice to its listeners Chief Counsel for Advocacy of the SBA. include or aggregate revenues from that their station will be converting to A copy of the document and FRFA (or affiliated companies. all-digital operations and will no longer summaries thereof) will also be 27. Moreover, as noted above, an be available on analog receivers. published in the Federal Register. element of the definition of ‘‘small 30. Steps Taken to Minimize 33. Paperwork Reduction Act. This business’’ is that the entity not be Significant Impact on Small Entities R&O contains new or modified dominant in its field of operation. The and Significant Alternatives Considered. information collection requirements Commission is unable at this time to The RFA requires an agency to describe subject to the Paperwork Reduction Act define or quantify the criteria that any significant alternatives that it has of 1995 (PRA), Public Law 104–13. The would establish whether a specific radio considered in reaching its proposed requirements will be submitted to the station is dominant in its field of approach, which may include the Office of Management and Budget operation. Accordingly, the estimate of following four alternatives (among (OMB) for review under section 3507(d) small businesses to which rules may others): (1) The establishment of of the PRA. OMB, the general public, apply does not exclude any radio station differing compliance or reporting and other Federal agencies are invited to from the definition of a small business requirements or timetables that take into comment on the new or modified on this basis and therefore may be over- account the resources available to small information collection requirements inclusive to that extent. Also, as noted, entities; (2) the clarification, contained in this proceeding. In an additional element of the definition consolidation, or simplification of addition, the Commission notes that of ‘‘small business’’ is that the entity compliance or reporting requirements pursuant to the Small Business must be independently owned and under the rule for small entities; (3) the Paperwork Relief Act of 2002, Public operated. The Commission notes that it use of performance, rather than design, Law 107–198, see 44 U.S.C. 3506(c)(4), is difficult at times to assess these standards; and (4) an exemption from it previously sought specific comment criteria in the context of media entities coverage of the rule, or any part thereof, on how the Commission might further and the estimates of small businesses to for small entities. reduce the information collection which they apply may be over-inclusive 31. Conversion to all-digital AM burden for small business concerns with to this extent. transmission (and then, consequent fewer than 25 employees. 28. Description of Projected compliance with the rules governing all- 34. Congressional Review Act. The Reporting, Recordkeeping, and Other digital operation) is completely Commission has determined, and the Compliance Requirements. The rules voluntary and therefore flexible, based Administrator of the Office of changes adopted in the R&O establish a on an AM broadcaster’s assessment of Information and Regulatory Affairs, straightforward procedure for stations to its individual financial and technical Office of Management and Budget, notify the Commission of a change to circumstances, including size. AM concurs, that these rules are ‘‘non- all-digital operations. The notification broadcasters overwhelmingly support major’’ under the Congressional Review requirement for all-digital operations, is the proposal to allow all-digital AM Act, 5 U.S.C. 804(2). The Commission as follows: AM licensees must broadcasting, as do broadcast engineers, will send a copy of this R&O to Congress electronically file a digital notification, technology companies, and individual and the Government Accountability using the existing FCC Form 335–AM listeners. Of the technical requirements Office pursuant to the Congressional Digital Notification (or any successor contemplated in the NPRM, the Review Act. notification form), to notify the Commission evaluated several Commission of the following proposed alternative options. The Commission Ordering Clauses changes: (1) The commencement of new originally considered imposing a (non- 35. It is ordered that, pursuant to the all-digital operation; (2) an increase in voluntary) stricter frequency tolerance authority contained in Sections 1, 4(i), nominal power of an all-digital AM standard of 1 Hz on all AM 4(j), 301, 303, 307, 308, 309, 316, and station; or (3) a transition from core-only broadcasters, but decided that the 319 of the Communications Act of 1934, to enhanced operating mode. All-digital benefits of doing so would not outweigh as amended, 47 U.S.C. 151, 154(i), AM notifications will be placed on an the associated burden of upgrading 154(j), 301, 303, 307, 308, 309, 316, and FCC public notice, and new operation transmission equipment, particularly for 319, this Report and Order is adopted may begin no sooner than 30 calendar smaller AM broadcasters, and declined and will become effective 30 days after days from the date of this public notice. to adopt the requirement. In addition, publication in the Federal Register. This notification process will minimize the Commission considered 36. It is further ordered that part 73 the paperwork required for all-digital incorporating the NRSC–5–D Standard of the Commission’s Rules is amended AM conversions, while giving local co- governing the technical implementation as set forth in the Final Rules and such channel and adjacent channel stations of HD Radio all-digital radio into the rule amendments will become effective time to gather baseline data on their rules, but upon careful consideration of 30 days after publication in the Federal existing coverage before the new all- the record, decided that doing so would Register, except for new § 73.406, which digital operation begins. Digital be unnecessary and could stifle industry contains new or modified information

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collection requirements that require at least comparable in sound quality (2) All-digital licensees will not be approval by the Office of Management with a standard analog broadcast. permitted to commence operation and Budget under the Paperwork * * * * * sooner than 30 calendar days from Reduction Act and will become effective ■ 4. In § 73.404, revise the section public notice of digital notification of after the Commission publishes a heading and paragraphs (a) and (b) and the following changes: document in the Federal Register remove paragraph (e) to read as follows: (i) The commencement of new all- announcing such approval and the digital operation; relevant effective date. § 73.404 IBOC DAB operation. (ii) An increase in nominal power of 37. It is further ordered that the (a) The licensee of an AM or FM an all-digital AM station; or Commission’s Consumer and station, or the permittee of a new AM or (iii) A transition from core-only to Governmental Affairs Bureau, Reference FM station which has commenced enhanced operating mode. Information Center, shall send a copy of program test operation pursuant to (b) Every digital notification must this Report and Order, including the § 73.1620, may commence hybrid IBOC include the following information: Final Regulatory Flexibility DAB operation with digital facilities (1) The call sign and facility Certification, to the Chief Counsel for which conform to the technical identification number of the station; Advocacy of the Small Business specifications specified for hybrid DAB (2) If applicable, the date on which Administration. operation in the (2002) First Report and the new or modified IBOC operation 38. It is further ordered that the Order in MM Docket No. 99–325, as commenced or ceased; Commission shall send a copy of this revised in the Media Bureau’s (3) The name and telephone number Report and Order in a report to be sent subsequent Order in MM Docket No. of a technical representative the to Congress and the Government 99–325. In addition, the licensee of an Commission can call in the event of Accountability Office pursuant to the AM station, or the permittee of a new interference; Congressional Review Act, see 5 U.S.C. AM station that has commenced (4) A certification that the operation 801(a)(1)(A). program test authority pursuant to will not cause human exposure to levels § 73.1620, may, with reasonable notice List of Subjects in 47 CFR Part 73 of radio frequency radiation in excess of to listeners, commence all-digital IBOC the limits specified in § 1.1310 of this Radio, Reporting and recordkeeping operation with digital facilities that chapter and is therefore categorically requirements. conform to the requirements set out in excluded from environmental Federal Communications Commission. the (2020) Report and Order in MB processing pursuant to § 1.1306(b) of Marlene Dortch, Docket No. 19–311 and MB Docket No. this chapter. Any station that cannot 13–249. An AM or FM station may Secretary. certify compliance must submit an transmit IBOC signals during all hours environmental assessment (‘‘EA’’) For the reasons discussed in the for which the station is licensed to pursuant to § 1.1311 of this chapter and preamble, the Federal Communications broadcast. may not commence IBOC operation Commission amends 47 CFR part 73 as (b) In situations where interference to until such EA is ruled upon by the follows: other stations is anticipated or actually Commission. occurs, hybrid AM licensees may, upon (c) Each AM digital notification must PART 73—RADIO BROADCAST notification to the Commission, reduce also include the following information: SERVICES the power of the primary DAB (1) A certification that the IBOC DAB sidebands by up to 6 dB. All-digital AM ■ 1. The authority citation for part 73 licensees, may, upon notification to the facilities conform to applicable nominal continues to read as follows: Commission, reduce the power of the power limits and emissions mask limits; Authority: 47 U.S.C. 154, 155, 301, 303, secondary and tertiary sidebands by up (2) The nominal power of the station; 307, 309, 310, 334, 336, 339. to 6 dB, even if doing so results in non- if separate analog and digital ■ 2. In § 73.402, add paragraph (h) to compliance with § 73.1560(a)(1). Any transmitters are used, the nominal read as follows: greater reduction of sideband power power for each transmitter; requires prior authority from the (3) If applicable, the amount of any § 73.402 Definitions. Commission via the filing of a request reduction in an AM station’s digital * * * * * for special temporary authority or an carriers; (h) All-digital AM station. An AM informal letter request for modification (4) For all-digital stations, the type of station broadcasting an IBOC waveform of license. notification (all-digital notification, increase in nominal power, reduction in that consists solely of digitally * * * * * modulated subcarriers and the nominal power, transition from core- ■ 5. Add § 73.406 to read as follows: unmodulated AM carrier. only to enhanced, transition from ■ 3. In § 73.403, revise paragraph (a) to § 73.406 Notification. enhanced to core-only, reversion from read as follows: (a) Hybrid AM and FM licensees must all-digital to hybrid or analog electronically file a digital notification operation); § 73.403 Digital audio broadcasting to the Commission in Washington, DC, (5) For all-digital stations, if a service requirements. within 10 days of commencing IBOC notification of commencement of new (a) Broadcast radio stations using digital operation. all-digital service or a nominal power IBOC must transmit at least one over- (1) All-digital licensees must file a change, whether the station is operating the-air digital audio programming digital notification within 10 days of the in core-only or enhanced mode; and stream at no direct charge to listeners. following changes: (6) For all-digital stations, a In addition, a hybrid broadcast radio (i) Any reduction in nominal power of certification that the all-digital station station must simulcast its analog audio an all-digital AM station; complies with all Emergency Alert programming on one of its digital audio (ii) A transition from enhanced to System (EAS) requirements in part 11 of programming streams. The DAB audio core-only operating mode; or this chapter. programming stream that is provided (iii) A reversion from all-digital to (d) Each FM digital notification must pursuant to this paragraph (a) must be hybrid or analog operation. also include the following information:

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(1) A certification that the IBOC DAB SUPPLEMENTARY INFORMATION: This is a 3. When the Commission adopted the facilities conform to the HD Radio summary of the Commission’s Order on point system, it considered and rejected emissions mask limits; Reconsideration (Reconsideration proposals to engage in secondary (2) FM digital effective radiated power Order) in the NCE comparative application analyses, whereby it would used and certification that the FM standards proceeding, MB Docket No. reevaluate the unsuccessful applications analog effective radiated power remains 19–3, FCC 19–127, released March 20, in an MX group that did not directly as authorized; 2020, published at 85 FR 7880 on conflict with the ultimate tentative (3) If applicable, the geographic February 12, 2020. The full text of the selectee of the group. The Commission coordinates, elevation data, and license Reconsideration Order is available explained that its primary goal was to file number of the auxiliary antenna electronically via the FCC’s Electronic select the best qualified applicants in an employed by an FM station as a separate Document Management System administratively efficient way. digital antenna; and (EDOCS) website at http:// 4. The Commission opened a filing (4) If applicable, for FM systems fjallfoss.fcc.gov/edocs_public/ or via the window for new NCE stations in 2007, employing interleaved antenna bays, a FCC’s Electronic Comment Filing and in 2010, the Commission issued the certification that adequate filtering and/ System (ECFS) website at http:// first of its comparative points orders or isolation equipment has been www.fcc.gov/ecfs. (Documents will be resolving MX groups from the 2007 installed to prevent spurious emissions available electronically in ASCII, window. In the order, the Commission in excess of the limits specified in Microsoft Word, and/or Adobe Acrobat.) reiterated its policy ‘‘that only one § 73.317. Alternative formats are available for application should be granted out of each mutually exclusive group, while [FR Doc. 2020–25252 Filed 12–2–20; 8:45 am] people with disabilities (braille, large print, electronic files, audio format), by providing the competing applicants the BILLING CODE 6712–01–P sending an email to [email protected] or opportunity to file again in the next calling the Commission’s Consumer and filing window.’’ 5. Several dismissed applicants FEDERAL COMMUNICATIONS Governmental Affairs Bureau at (202) subsequently challenged their COMMISSION 418–0530 (voice), (202) 418–0432 (TTY). dismissals and argued that their 47 CFR Part 73 applications should also be granted Synopsis because they were not mutually [MB Docket No. 19–3; FCC 20–121; FRS 1. Introduction. In this exclusive with the tentative selectees in 17135] Reconsideration Order, the Commission their respective MX groups. The addresses the Petition for Commission again reaffirmed its one- Reexamination of the Comparative Reconsideration filed by Discount Legal grant policy in three 2015 Memorandum Standards and Procedures for seeking reconsideration of the 2019 NCE Opinions and Orders, rejecting Licensing Noncommercial Educational Report and Order. The Petition asks the petitioners’ requests for secondary Broadcast Stations and Low Power FM Commission to authorize ‘‘secondary grants. The Commission explained that Stations grants’’ in mutually exclusive (MX) FM its policy basis not to engage in AGENCY: Federal Communications radio noncommercial educational (NCE) secondary grants was supported by the Commission. groups, after the initial resolution of the dual reasons of not granting inferior MX applications. The Commission applications and promoting ACTION: Dismissal of petition for dismisses the Petition as procedurally administrative efficiency. reconsideration. defective, and alternatively and 6. Finally, in the 2019 NCE Report and Order, the Commission considered SUMMARY: In this document the Federal independently, denies the Petition. 2. Background. Conflicting NCE FM Communications Commission and rejected Discount Legal’s suggestion applications, which cannot all be (Commission) addresses the Petition for that it adopt a secondary grant practice. granted consistent with the Reconsideration (Petition) filed by The Commission reaffirmed its Commission’s technical rules, are Discount Legal, regarding the longstanding one-grant policy. In the considered mutually exclusive. The Commission’s Report and Order in the Petition, Discount Legal renews the Commission places conflicting Noncommercial Educational (NCE) arguments in favor of a secondary grant applications into MX groups, resolves comparative standards proceeding (2019 policy made in its comments. the MX groups by applying the NCE 7. Discussion. The Commission NCE R&O). The Commission dismisses comparative procedures, and tentatively dismisses the Petition as repetitive and the Petition as procedurally defective, selects an application for grant from procedurally defective. On alternative and alternatively and independently, each separate MX group. Specifically, and independent grounds, the denies the Petition. the Commission compares NCE MX Commission denies the Petition as DATES: Request for Petition for groups under the point system and meritless and affirms its longstanding Reconsideration of the final rule awards each application a maximum of one-grant policy, which is supported by published at 85 FR 23941 (April 30, seven merit points based on public- the dual rationales of expeditiously 2020). The Commission adopted the interest criteria. The application with granting high-quality applications and Order on Reconsideration dismissing the most points in an MX group is limiting administrative burdens. and denying the Petition for designated the tentative selectee. The 8. High Quality Applications. The Reconsideration on September 1, 2020. Bureau staff then accepts the Commission rejects Discount Legal’s FOR FURTHER INFORMATION CONTACT: tentatively-selected applications for assertion that the potential disparities Albert Shuldiner, Chief, Media Bureau, filing, which triggers a 30-day period for between the quality of unsuccessful Audio Division, (202) 418–2721; Lisa the filing of petitions to deny. Petitions applicants in an MX group is Scanlan, Deputy Division Chief, Media based on claims that the exclusion, or ‘‘irrelevant.’’ The Commission’s one- Bureau, Audio Division, (202) 418– inclusion, of challenged or claimed grant policy is designed to encourage 2704; Amy Van de Kerckhove, Attorney points could alter the outcome in the the best possible application Advisor, Media Bureau, Audio Division, particular MX group are referred to the submissions in every filing window. (202) 418–2726. Commission for a new points analysis. The current policy creates competitive

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