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Federal Register / Vol. 86, No. 85 / Wednesday, May 5, 2021 / Rules and Regulations and service to the public and outweigh any benefit from the EMF proposal.
7. The document recognizes EMFs claim that its proposal would increase NCE FM service to rural areas and allow parties to file more applications to upgrade FM translators serving rural areas to protected full-power stations.
The Commission notes, however, that EMFs proposal, which was not endorsed by any of the commenters, also has the drawback of increasing the potential for more MX groups, created by the secondary application filings, larger MX groups, and complicated application chains, which could lead to processing delays, and ultimately, delay the initiation of new NCE FM service to the public.
8. The Commission finds that the proven 10-application cap strikes the best balance of its multiple objectives of providing a meaningful opportunity for applicants to file for new NCE FM
stations and expanding service while, at the same time, deterring speculative applications and procedural delays. The 10-application cap, employed during the 2007 NCE FM filing window, has proven, in practice, to be very effective.
9. The document adopts the proposal that an applicant may file no more than a total of 10 applications in the 2021
NCE FM filing window. Under existing precedent, this means that a party to an application filed in the 2021 NCE FM
filing window may hold attributable interests in no more than a total of 10
applications filed in the window. If it is determined that any party to an application has an attributable interest in more than 10 applications, the Media Bureau will retain the 10 applications that were filed firstbased on the date of application receiptand dismiss all other applications.
Procedural Matters 10. Regulatory Flexibility Analysis. As required by the Regulatory Flexibility Act of 1980 RFA, as amended, an Initial Regulatory Flexibility Analysis was incorporated in the initial Public Notice, FCC Seeks Comment on Proposed Application Limit for NCE FM
New Station Applications in Upcoming 2021 Window, FCC 20145. The Commission sought written public comment on the proposal in the document, including comment on the IRFA. The Commission received no comments specifically directed toward the IRFA. This Final Regulatory Flexibility Analysis FRFA conforms to the RFA.
11. Need for, and Objectives of, the 10-Application Limit. The document adopts a limit of 10 NCE FM radio station applications filed by any party
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during the upcoming 2021 filing window. The Commission has determined that, absent a limit on the number of applications that a party may file in the upcoming filing window, some parties may file a large number of speculative applications, including applications that are mutually exclusive with each other, resulting in procedural delays and the delay of new NCE FM
service to the public. The Commission has concluded that a limit of 10
applications for new NCE FM
construction permits in the filing window is an appropriate procedural safeguard to deter speculation and permit the expeditious processing of the NCE FM applications while still allowing applicants meaningful opportunities to expand NCE FM
service. The Commission believes that the adopted limit will benefit small entities.
12. Summary of Significant Issues Raised by Public Comments in Response to the IRFA. There were no comments to the IRFA filed.
13. Response to Comments by the Chief Counsel for Advocacy of the Small Business Administration. 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. The Chief Counsel did not file any comments in response to the proposed rule in this proceeding.
14. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply. The RFA
directs agencies to provide a description of and, where feasible, an estimate of the number of small entities that may be affected by the proposed rules, if adopted. The RFA generally defines the term small entity as having the same meaning as the terms small business, small organization, and small governmental entity. In addition, the term small business has the same meaning as the term small business concern under the Small Business Act.
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 SBA.
15. NCE FM Radio Stations. The application limit applies to potential licensees of the NCE FM radio service.
This Economic Census category comprises establishments primarily engaged in broadcasting aural programs
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by radio to the public. The SBA has created the following small business size standard for this category: Those having $41.5 million or less in annual receipts. Census data for 2012 show that 2,849 firms in this category operated in that year. Of this number, 2,806 firms had annual receipts of less than $25
million, and 43 firms had annual receipts of $25 million or more. Because the Census has no additional classifications that could serve as a basis for determining the number of stations whose receipts exceeded $41.5 million in that year, the Commission concludes that the majority of radio broadcast stations were small entities under the applicable SBA size standard. In addition, the Commission has estimated the number of NCE FM radio stations to be 4,195. NCE stations are non-profit, and therefore considered to be small entities.
16. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements. The Commission anticipates that none of the changes adopted as a result of the document will result in an increase to the reporting and recordkeeping requirements of broadcast stations or applicants for NCE FM authorizations.
17. Steps Taken to Minimize Significant Impact on Small Entities, and Significant Alternatives Considered.
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.
18. The Commission is directed under law to describe any alternatives it considered, including alternatives not explicitly listed above. The adopted 10application limit is intended to benefit all small NCE entities seeking to establish a new NCE FM service on a local or regional basis by preventing mass filings of speculative applications.
This limit should benefit all applicants by expediting the review and processing of applications filed during the window.
Based on the record in this proceeding, the Commission concludes that a lower limit would not effectively meet the demand for new NCE FM channels, whereas a higher limit would impose
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