Federal Register - March 10, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Rules and Regulations is not dominant in its field of operation;
and 3 satisfies any additional criteria established by the SBA.
21. This Order on Reconsideration disposes of petitions for reconsideration in MB Docket No. 18119. In the Report and Order in this proceeding, the Commission issued a Final Regulatory Flexibility Analysis FRFA that conforms to the RFA, as amended. The Commission received no petitions for reconsideration of that FRFA. This Order on Reconsideration does not alter the Commissions previous analysis under the RFA.
22. In this Order on Reconsideration, the Commission corrects a crossreference in the rules to direct broadcast applicants and licensees to a more comprehensive set of guidelines for calculating undesired-to-desired U/D
signal strength ratios in the context of a translator interference claim.
Specifically, although both the original cross-reference 47 CFR 73.313 and the new cross-reference 47 CFR 74.1204b accurately describes the Commissions standard contour prediction methodology, the amended crossreference includes specific instructions for calculating interfering as well as protected contours, both of which are used when calculating U/D ratios. Thus, the amended cross-reference is substantially similar to the original cross-reference but provides additional useful information and is more technically accurate for the type of calculation involved. This change is minor and is not anticipated to have any economic effect on broadcast licensees, including small entities. Therefore, we certify that the requirements of the Order on Reconsideration will not have a significant economic impact on a substantial number of small entities.
The Commission will send a copy of the Order on Reconsideration, including a copy of this Final Regulatory Flexibility Certification, in a report to Congress pursuant to the Congressional Review Act. In addition, the Order on Reconsideration and this final certification will be sent to the Chief Counsel for Advocacy of the SBA and will be published in the Federal Register.
Ordering Clauses 14. It is ordered that, pursuant to sections 1, 2, 4i, 4j, 301, 303, 307, 308, 309, 319, and 405 of the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154i, 154j, 301, 303, 307, 308, 309, 319, and 405, and 1.429 of the Commissions rules, 47 CFR 1.429, this Order on Reconsideration in MB Docket No. 18
119 is adopted and shall be effective 30
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days after publication in the Federal Register.
15. It is further ordered that part 74
of the Commission rules is amended as set forth in Appendix A and that such rule amendment shall be effective 30
days after publication in the Federal Register.
16. It is further ordered that the Petition for Reconsideration filed by Louis P. Vito on July 16, 2019, is dismissed in its entirety.
17. It is further ordered that the Petition for Reconsideration filed by Charles M. Anderson on July 11, 2019, is dismissed to the extent set out in paragraphs 9, 17, 20, and 21, supra, and is denied to the extent set out in paragraphs 9 and 19, supra.
18. It is further ordered that the Petition for Reconsideration filed by the LPFM Coalition on July 15, 2019, is dismissed to the extent set out in paragraphs 4, and 21, supra, and is denied to the extent set out in paragraphs 7, 1013, 21, and 2325
supra.
19. It is further ordered that the Petition for Reconsideration filed by KGIGLP, Salida, California/Fellowship of the Earth on July 15, 2019, is dismissed to the extent set out in paragraphs 4 and 8, supra, and is denied to the extent set out in paragraphs 56, 8 and 22, supra.
20. It is further ordered that the Petition for Reconsideration filed by Skywaves Communications LLC on July 15, 2019, is dismissed to the extent set out in paragraph 17 and 19, supra, and is denied to the extent set out in paragraphs 15 and 18, supra.
21. It is further ordered that the Stay Request filed by the LPFM Coalition on July 15, 2019, is dismissed as moot.
22. It is further ordered that, should no further petitions for reconsideration or petitions for judicial review be timely filed, MB Docket No. 18119 shall be terminated, and its docket closed.
23. It is further ordered that the Commission shall send a copy of this Order on Reconsideration, including the Final Regulatory Flexibility Certification, in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C.
801a1A.
24. It is further ordered that the Commissions Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Order on Reconsideration, including the Final Regulatory Flexibility Certification, to the Chief Counsel for Advocacy of the Small Business Administration.
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Federal Communications Commission.
Marlene Dortch, Secretary.
Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 74 as follows:
1. The authority citation for part 74
continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 336, and 554.
2. Amend 74.1203 by revising paragraph a3 to read as follows:
74.1203
Interference.
a
3 The direct reception by the public of the off-the-air signals of any fullservice station or previously authorized secondary station. Interference will be considered to occur whenever reception of a regularly used signal is impaired by the signals radiated by the FM translator or booster station, regardless of the channel on which the protected signal is transmitted; except that no listener complaint will be considered actionable if the alleged interference occurs outside the desired stations 45 dBu contour.
Interference is demonstrated by:
i The required minimum number of valid listener complaints as determined using Table 1 of this section and defined in 74.1201k of this part;
ii A map plotting the specific location of the alleged interference in relation to the complaining stations 45
dBu contour;
iii A statement that the complaining station is operating within its licensed parameters;
iv A statement that the complaining station licensee has used commercially reasonable efforts to inform the relevant translator licensee of the claimed interference and attempted private resolution; and v U/D data demonstrating that at each listener location the undesired to desired signal strength exceeds 20 dB
for co-channel situations, 6 dB for first-adjacent channel situations or 40
dB for secondor third-adjacent channel situations, calculated using the methodology set out in 74.1204b.
TABLE 1 TO 74.1203a3
Population within protected contour
1199,999
200,000299,999
E:FRFM10MRR1.SGM
10MRR1
Minimum listener complaints required for interference claim 6
7