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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules section 74.1201g. The Commission anticipates that this change will create consistency across different rules governing fill-in translator transmitter siting. In 2009, when it modified the FM
translator rules to allow AM stations to retransmit using fill-in FM translators, the Commission adopted new section j and amended section g to define an AM fill-in area for FM translators as the lesser of the 2 mV/m daytime contour of the AM station and a 25-mile 40 km radius centered at the AM transmitter site. When the Commission relaxed this cross-service siting requirement in 2017, it amended section g to provide that an FM translator rebroadcasting an AM
broadcast station must be located such that the 60 dBu contour is contained within the greater of either a the 2 mV/
m daytime contour of the AM station, or b a 25-mile radius centered at the AM
stations transmitter site. However, it did not update section j to reflect this change. The Commission proposes to do so now and seeks comment on this proposal.
8. International agreements. To fully implement the provisions of relevant agreements with the Canadian and Mexican governments, the Commission proposes to amend 47 CFR 73.207b and 74.1235d. Section 73.207b2
states, Under the Canada-United States FM Broadcasting Agreement, domestic U.S. allotments and assignments within 320 kilometers 199 miles of the common border must be separated from Canadian allotments and assignments by not less than the distances given in Table B, which follows. The 1991 U.S.Canada FM Broadcasting Agreement contains minimum distance separations but also offers contour overlap parameters for short-spaced stations to demonstrate compliance with the Agreement. Accordingly, the Commission proposes to include contour overlap-based protection for short-spaced stations in this rule. It also proposes to replace the current Table B
with the superseding minimum distance separations table set out in a 1997
Amendment to the 1991 U.S.-Canada FM Broadcasting Agreement.
9. Currently, section 73.207b3
provides that under the 1992 MexicoUnited States FM Broadcasting Agreement, domestic U.S. assignments or allotments within 320 kilometers 199 miles of the common border must be separated from Mexican assignments or allotments by not less than the distances given in Table C in this paragraph b3. This provision is no longer accurate, as, except for intermediate frequency separations, the 1992 U.S.-Mexico FM Broadcasting Agreement provides for contour-

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overlap-based protection as well as minimum spacing protection. Therefore, the Commission proposes to revise this section to include contour overlapbased protection for short-spaced stations. It seeks comment on these proposed changes.
10. The Commission also proposes to update 47 CFR 74.1235d, governing FM translators, to conform with the relevant treaties. With respect to Canada, section 74.1235d states, Applications for FM translator stations located within 320 km of the Canadian border will not be accepted if they specify more than 50 watts effective radiated power in any direction or have a 34 dBu interference contour, calculated in accordance with 74.1204
of this part, that exceeds 32 km. This provision codifies section 4.3 of the 1991 U.S.-Canada FM Broadcasting Agreement. In 1997, the United States and Canada amended section 4.3 of the 1991 U.S.-Canada FM Broadcasting Agreement to increase the permissible effective radiated power ERP for border FM translator stations from 50 to 250 watts and the interference contour from 32 to 60 kilometers. To implement this change, in 1998, the Commission amended section 74.1235 by adding section d3, which states, Applications for translator or booster stations within 320 km of the Canadian border may employ an ERP up to a maximum of 250 watts, as specified in 74.1235a and b. The distance to the 34 dBu interfering contour may not exceed 60 km in any direction.
Because the first sentence of section d is now outdated and conflicts with section d3, the Commission proposes to modify it to conform to current treaty requirements and to eliminate section d3.
11. With respect to Mexico, section 74.1235d provides, FM translator stations located within 320 kilometers of the Mexican border must be separated from Mexican allotments and assignments in accordance with 73.207b3 of this chapter and are limited to a transmitter power output of 10 watts or less. For purposes of compliance with that section, FM
translators will be considered as Class D
FM stations. In the 1992 U.S.-Mexico FM Broadcasting Agreement, translator stations are classified as LPFM stations rather than full service stations, and thus not subject to distance separation requirements. The Commission tentatively concludes that neither the rules nor the relevant international agreements require translator stations to adhere to those distance separations. In addition, the 10-watt transmitter power output limitation is a superseded
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provision originally set out in the U.S.Mexican FM Broadcast Agreement of 1972 and is no longer consistent with current treaty requirements. For these reasons, the Commission proposes to delete these two sentences in the introductory paragraph of section 74.1235d and seeks comments on this proposal.
12. Finally, the Commission proposes to revise the translator power limitations set out in 47 CFR
74.1235d1 and 2. The 1992 U.S.Mexico FM Broadcasting Agreement provides in relevant part that a translators ERP may not exceed 50
watts in the direction of the other country nor produce an interfering contour more than 32 kilometers in the direction of the other country. Within 125 km of the common border, the maximum distance to the protected contour of a translator must be 8.7 km in the direction of the other country.
However, a translator located more than 125 km from the border may operate with more than 50 watts in the direction of the other country, provided that its protected contour is not greater than, starting from 125 km from the border, 8.7 km in the direction of the other country. In addition, under the 1992
U.S.-Mexico FM Broadcasting Agreement, translators must protect the allotments and assignments of the other country based on their maximum permitted parameters. To accurately implement these provisions, the Commission proposes to amend sections 74.1235d1 and 2 to reflect current treaty requirements, as set out in Appendix A. Because these changes are intended to codify the existing state of international agreements to which the United States is a party, the Commission requests commenters to focus on whether the proposed changes properly implement the relevant treaty provisions rather than suggest changes to any of the agreed-upon limits.
Comments and Reply Comments 13. Filing Requirements.Comments and Replies. Pursuant to 47 CFR 1.415
and 1.419, interested parties may file comments and reply comments on or before the dates indicated in the DATES
section of this notice. Comments may be filed using the Commissions Electronic Comment Filing System ECFS. See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121
1998.
Electronic Filers: Comments may be filed electronically using the internet by accessing the ECFS: http apps.fcc.gov/
ecfs/.
Paper Filers: Parties who choose to file by paper must file an original and
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