Federal Register - August 6, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules
one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number.
Filings can be sent by commercial overnight courier or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commissions Secretary, Office of the Secretary, Federal Communications Commission.
Commercial overnight mail other than U.S. Postal Service Express Mail and Priority Mail must be sent to 9050
Junction Drive, Annapolis Junction, MD
20743.
U.S. Postal Service First Class, Express, and Priority mail must be addressed to 45 L Street NE, Washington, DC 20554.
14. People with Disabilities. To request materials in accessible formats for people with disabilities braille, large print, electronic files, audio format, send an email to fcc504@fcc.gov or call the Consumer & Government Affairs Bureau at 2024180530 voice, 2024180432 tty.
15. Availability of Documents.
Comments, reply comments, and ex parte submissions will be available via ECFS.
can be found in lieu of summarizing them in the memorandum. Documents shown or given to the Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with 47 CFR
1.1206b. In proceedings governed by 47 CFR 1.49f or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format e.g., .doc, .xml, .ppl, searchable .ppl. Participants in this proceeding should familiarize themselves with the Commissions ex parte rules.
17. Initial Paperwork Reduction Act Analysis. This document does not contain proposed new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 PRA, Public Law 10413. In addition, therefore, it does not contain any new or modified information collection for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107198, see 44
U.S.C. 3506c4.
Procedural Matters
Initial Regulatory Flexibility Analysis 18. As required by the Regulatory Flexibility Act of 1980, as amended RFA, the Commission has prepared this Initial Regulatory Flexibility Analysis IRFA of the possible significant economic impact on a substantial number of small entities by the policies proposed in the Notice of Proposed Rulemaking NPRM. Written public comments are requested on this IRFA. Comments must be identified as responses to the IRFA and must be filed by the deadlines for comments on the NPRM provided on the first page of the NPRM. The Commission will send a copy of this entire NPRM, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration SBA. In addition, the NPRM and the IRFA or summaries thereof will be published in the Federal Register.
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Ex Parte Rules 16. This proceeding shall be treated as a permit-but-disclose proceeding in accordance with the Commissions ex parte rules, 47 CFR 1.1200 et seq.
Persons making ex parte presentations must file a copy of any written presentation or memorandum summarizing any oral presentation within two business days after the presentation unless a different deadline applicable to the Sunshine Period applies. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must 1 list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and 2
summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenters written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings specifying the relevant page and/or paragraph numbers where such data or arguments
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A. Need for, and Objectives of, the Proposed Rule Changes 19. The Commission initiates this rulemaking proceeding to obtain comments regarding its proposal to update certain of its technical rules to better reflect current requirements and eliminate redundant, outdated, or conflicting provisions. Specifically, the Commission seeks comment on the following proposed rule changes: 1
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Eliminating the maximum rated transmitter power limit rule for AM
stations; 2 updating rule provisions containing an NCE FM community of license coverage requirement; 3
eliminating the requirement that applicants demonstrate the effect of any FM applicant transmitting antenna on nearby FM or TV broadcast antennas; 4
updating the signal strength contour overlap requirements for NCE FM Class D stations to harmonize with the contour overlap requirements for all other NCE FM stations; 5 eliminating the requirement for broadcast services to protect grandfathered common carrier services in Alaska operating in the 76
100 MHz frequency band; 6
harmonizing the definition of an AM
fill-in area set out in multiple rule sections; and 7 amending the power limits for translators within 320
kilometers of the Mexican and Canadian borders to comply with current treaty provisions.
B. Legal Basis 20. The proposed action is authorized pursuant to sections 1, 4i, 4j, 301, 303, 307, 308, 309, 316, and 319 of the Communications Act, 47 U.S.C. 151, 154i, 154j, 301, 303, 307, 308, 309, 316, 319.
C. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply 21. 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 jurisdiction. 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. The rules proposed herein will directly affect small television and radio broadcast stations. Below, we provide a description of these small entities, as well as an estimate of the number of such small entities, where feasible.
22. Radio Stations. This Economic Census category comprises establishments primarily engaged in broadcasting aural programs 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.
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