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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Proposed Rules 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, we conclude that the majority of radio broadcast stations were small entities under the applicable SBA size standard.
23. Apart from the U.S. Census, the Commission has estimated the number of licensed commercial AM radio stations to be 4,406 and the number of commercial FM radio stations to be 6,726 for a total number of 11,132, along with 8,126 FM translator and booster stations. As of September 2019, 4,294
AM stations and 6,739 FM stations had revenues of $41.5 million or less, according to Commission staff review of the BIA Kelsey Inc. Media Access Pro Television Database BIA. In addition, the Commission has estimated the number of noncommercial educational FM radio stations to be 4,195. NCE
stations are non-profit, and therefore considered to be small entities.
Therefore, we estimate that the majority of radio broadcast stations are small entities.
D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements 24. The NPRM proposes to amend existing rules to better reflect current requirements and eliminate redundant, outdated, or conflicting provisions.
None of the proposed revisions require additional paperwork obligations and in one instance eliminates a currently required application showing.

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E. Steps Taken To Minimize Significant Impact on Small Entities and Significant Alternatives Considered 25. 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
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use of performance, rather than design, standards; and 4 an exemption from coverage of the rule, or any part thereof, for small entities.
26. In the NPRM, the Commission proposes to amend existing rules to better reflect current requirements and eliminate redundant, outdated, or conflicting provisions. The proposed rules will eliminate the requirement that applicants demonstrate the effect of any FM applicant transmitting antenna on nearby FM or TV broadcast antennas.
They will also eliminate the need for small entities and other licensees to comply with outdated technical regulations such as the maximum rated transmitter power limit rule for AM
stations, the signal strength contour overlap requirements for NCE FM Class D stations, and the requirement for broadcast services to protect grandfathered common carrier services in Alaska operating in the 76100 MHz frequency band. In addition, the rules clarify and harmonize provisions such as the definition of an AM fill-in area, power limits for FM translators near the Canadian and Mexican borders, and required community of license coverage for NCE FM stations, many of whom are small entities. These revisions will make the rules more transparent and accessible to small entities and thus reduce the need for expert engineering or legal assistance with compliance and reporting requirements.
27. Alternatives considered by the Commission include retaining the existing rules and amending other, related rules to further improve the accuracy of the Code of Federal Regulations. The Commission seeks comment on the effect of the proposed rule changes on all affected entities. The Commission is open to consideration of alternatives to the proposals under consideration, including but not limited to alternatives that will minimize the burden on broadcasters, many of whom are small businesses.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rule 28. None.
Ordering Clauses 29. Accordingly, it is ordered that, pursuant to the authority contained in sections 1, 4i, 4j, 301, 303, 307, 308, 309, 316, and 319 of the Communications Act of 1934, as
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amended, 47 U.S.C. 151, 154i, 154j, 301, 303, 307, 308, 309, 316, and 319, this Notice of Proposed Rulemaking is adopted.
30. It is further ordered that the Commissions Consumer and Governmental Affairs Bureau, Reference Information Center, shall send a copy of this Notice of Proposed Rulemaking, including the Initial Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration.
List of Subjects 47 CFR Part 73
Mexico, Radio.
47 CFR Part 74
Radio.
Federal Communications Commission.
Cecilia Sigmund, Federal Register Liaison Officer, Office of the Secretary.

Proposed Rules For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR
part 73 and part 74 as follows:
PART 73RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:

Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334, 336, 339.

2. Amend 73.207 by revising paragraphs b2 and 3 to read as follows:

73.207 Minimum distance separation between stations.

b
2 Unless demonstrating compliance with the overlap provisions of the 1991
United States-Canada FM Broadcasting Agreement, any domestic U.S. allotment or assignment 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. When applying Table B, U.S.
Class C0 allotments and assignments are considered to be Class C; U.S. Class C2
allotments and assignments are considered to be Class B; and U.S. Class C3 allotments and assignments are considered to be Class B1.

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