*************************************************** NOTICE *************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, itallic, underlining, etc. from the original document will not show up in this text version. Features of the orginal document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************** APPENDIX A Initial Regulatory Flexibility Analysis 1. As required by the Regulatory Flexibility Act ("RFA"), the Commission has prepared this present Initial Flexibility Analysis ("IRFA") of the possible significant economic impact on small entities by the policies and rules proposed in this Notice of Proposed Rule Making ("Notice"). 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 of the Notice provided above in  74. The Commission will send a copy of the Notice, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration. See 5 U.S.C.  603(a). In addition, the Notice and IRFA (or summaries thereof) will be published in the Federal Register. See id. I. Need For and Objectives of the Proposed Rules: 2. This rulemaking proceeding is initiated to obtain comments concerning the Commission's proposed amendment of certain technical rules and policies governing the radio broadcast services-- in order to enhance opportunities for improvement of facilities and service and eliminate unnecessary administrative burdens and delays, while maintaining the technical integrity of the radio broadcast services. This review is taken in conjunction with the Commission's current efforts to streamline its existing rules and eliminate unnecessary or redundant procedural requirements. II. Legal Basis: 3. Authority for the actions proposed in this Notice may be found in Sections 4(i), 4(j), 303, 308, 309, 310 and 319 of the Communications Act of 1934, as amended, 47 U.S.C.  154(i), 154(j), 303, 308, 309, 310 and 319. III. Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply: 4. 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 Small Business Administration (SBA). A small organization is generally "any not-for-profit enterprise which is independently owned and operated and is not dominant in its field." Nationwide, as of 1992, there were approximately 275,801 small organizations. "Small governmental jurisdiction" generally means "governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than 50,000." As of 1992, there were approximately 85,006 such jurisdictions in the United States. This number includes 38,978 counties, cities, and towns; of these, 37,566, or 96 percent, have populations of fewer than 50,000. The Census Bureau estimates that this ratio is approximately accurate for all governmental entities. Thus, of the 85,006 governmental entities, we estimate that 81,600 (91 percent) are small entities. 5. The proposed rules and policies will apply to radio broadcasting licensees and potential licensees. The Small Business Administration defines a radio broadcasting station that has no more than $5 million in annual receipts as a small business. A radio broadcasting station is an establishment primarily engaged in broadcasting aural programs by radio to the public. Included in this industry are commercial religious, educational, and other radio stations. Radio broadcasting stations which primarily are engaged in radio broadcasting and which produce radio program materials are similarly included. However, radio stations which are separate establishments and are primarily engaged in producing radio program material are classified under another SIC number. The 1992 Census indicates that 96 percent (5,861 of 6,127) radio station establishments produced less than $5 million in revenue in 1992. Official Commission records indicate that 11,334 individual radio stations were operating in 1992. As of January 31, 1998, official Commission records indicate that 12,241 radio stations were operating, of which 7,488 were FM stations. 6. Thus, the proposed rules will affect some of the 12,241 radio stations, approximately 11,751 of which are small businesses. These estimates may overstate the number of small entities since the revenue figures on which they are based do not include or aggregate revenues from non-radio affiliated companies. 7. In addition to owners of operating radio stations, any entity who seeks or desires to obtain a radio broadcast license may be affected by the proposals contained in this item. The number of entities that may seek to obtain a radio broadcast license is unknown. We invite comment as to such number. IV. Description of Projected Recording, Recordkeeping, and Other Compliance Requirements: 8. In addition to enhancing opportunities for improvement of radio broadcast technical facilities and service, a number of the measures proposed in this Notice would reduce the reporting requirements of prospective and current applicants, permittees and licensees. Among other things, we propose to eliminate the requirement that low power noncommercial educational FM ("NCE FM") Class D stations with reserved band authorizations migrate to available commercial FM channels or Channel 200 or demonstrate the unavailability of any such channel in their license renewal applications, and to replace the current two-step application process for coordinate corrections and FM translator power reductions with single-step application procedures. We also propose to extend our first come/first served procedures to AM, NCE FM and FM translator minor change applications and to expand the definition of "minor change" for these services. These measures are designed to reduce the overall administrative burdens of the Commission's rules on both regulatees and the Commission staff and shorten processing time frames for certain applications. V. Steps Taken to Minimize Significant Economic Impact on Small Entities and Significant Alternatives Considered: 9. This Notice solicits comment on a variety of alternatives discussed herein. These alternatives are intended to enhance opportunities for improvement of technical facilities and service and eliminate unnecessary administrative burdens and delays associated with our radio broadcast licensing processes. With regard to the proposed modifications of our low power NCE FM Class D station policies, the Commission has taken steps to avoid the unnecessary cancellation of Class D licenses while promoting the most efficient use of the NCE FM channels. Any significant alternatives presented in the comments will be considered. VI. Federal Rules that Overlap, Duplicate, or Conflict with the Proposed Rules: 10. None. Appendix B Point-to-Point Contour Prediction Model Introduction. This rulemaking proceeding proposes the use, in limited instances (see Paragraphs 28 to 34 of the NPRM), of an alternate method of contour prediction in the FM broadcast services which takes into account the effects of terrain not considered under the standard contour prediction method in 47 C.F.R.  73.313 and 73.333. While the standard method only considers terrain lying between 3 km and 16 km from the transmitter site, the PTP model can consider the effects of terrain as close as 1 km from the transmitter site and as distant as 100 km (or more). The model produces output in terms of a contour, allowing use of the contour protection rules already in place in the FM broadcast service. In the following sections, we explain the point-to-point contour prediction model developed by the Office of Engineering Technology and Mass Media Bureau to better incorporate the effects of terrain on contour prediction calculations. We also summarize the Fortran 77 code implementing the model and show some sample results. Criteria Used to Design the Model. The FCC's staff set the following requirements in designing the model. These were: (1) The output from the model must be in terms of a contour, not small cells defining service or lack of service as employed for digital television. Contours are well understood by the broadcast industry, and have been generally effective for many years in preventing interference between FM stations. Use of contours also avoids the arduous task of rewriting the FM broadcast rules to redefine service and interference. (2) The method employed must be sufficiently automatic so that all parties can achieve the same output, given the same input data. Program variables which require user judgement as to their applicability and value preclude consistent results and engender disputes between parties. "Judgment variables" also can be manipulated to produce a desired but not necessarily correct result. Consequently, we require that any method must automatically determine the program variables to be used. The PTP model meets these requirements. Input data. The program requires only data which is readily available to applicants and their engineering consultants. Input parameters are coordinates, height of the antenna radiation center above mean sea level, the effective radiated power, frequency, the contour value sought and the choice of service or interfering contours. The model requires access to a 3 second or 30 second terrain database. In its present form, the Fortran program code is shown with references to the FCC's 30 second terrain database. These references must be modified to refer to the user's terrain database before the program can be used. Output. The program is designed to generate a contour as an output as opposed to a cluster of square cells denoting service or lack of it (as is used in digital television). Contour output allows use of the existing Commission rules for contour protection of stations. Because terrain effects are more accurately represented, the contour produced generally varies more than the same contour predicted by the standard contour prediction method in 47 C.F.R.  73.313. The effects of terrain on contours will be most noticeable in mountainous terrain. How the Program Works. In this section, we provide a brief explanation of the PTP program. We start by considering the analysis for an individual radial, since the combined results of a number of radials define the contour. Create Terrain Profile. Using the terrain database, the PTP program locates a point 0.4 km (0.25 mile) distant from the transmitter site along the radial being considered, and computes the coordinates of that point. The program then finds the coordinates of the four nearest elevation points in the terrain database, and interpolates between these points to determine the elevation of the point under study. The program then repeats this process for the next point located 0.4 km (0.25 mi) further out along the radial. The process continues out to the maximum distance set by the program. These pairs of points and elevations are then used to generate a profile of the terrain along the radial. The terrain profile extends well beyond the location of the contour of interest. See Graph 1. Calculate Field Strength for Points on the Radial. The field strength is then calculated for each point, beginning at the point on the radial located 1 km from the transmitter site and continuing outward at intervals of 0.4 km (0.25 mile). Each field strength value will correspond to a point on the terrain profile. The field strength in dB at any given point is computed by the formula Field strength = Freespace + Diffraction Loss + Clutter Loss where Freespace (dB) = 106.9 - 20 log10 (distance) + ERP where the ERP is in dBk (not kW) and the distance is in kilometers. The freespace term assumes no other losses and its value decreases with the square of the distance from the transmitter. Diffraction Loss. To find the diffraction loss at the point being studied, the program first calculates the straight line path between the transmitting antenna radiation center to the receiving antenna, ignoring for the moment any obstacle which may intervene in this path. At any distance d between the transmitter site and the receiving antenna site (located at a distance D from the transmitter site), the height of the straight line path above the elevation of the terrain (including earth bulge or curvature) is defined as "clearance." See Graph 2. At each incremental distance d, a clearance ratio R is computed using the formula R = Clearance Ratio = Clearance / Fresnel Radius where the first Fresnel radius is ________________________ Fresnel Radius = 548 * (d * (D-d) / (D * Frequency) "D" is the total path length from the antenna radiation center to the point under study. Frequency is the frequency in megahertz. The distance "d" relates to the point being examined, which lies between (but not including) the transmitter site and "D". Each "d" point is separated by 0.4 km (0.25 mile) intervals from the next or previous "d" point. The clearance ratio for each d point is then examined to find the minimum value. The minimum clearance ratio locates the primary terrain obstacle between the transmitter and the point of study. We then calculate a h factor based on the terrain data points within 10 km of either side of this obstacle. This is done initially by finding the best linear fit of the elevation points within this 20 km range. Assuming a normal distribution for these elevation points, 80% of the terrain elevations will fall within 1.282 standard deviations of the mean. The program then calculates the standard deviation of the elevation points in the 20 km interval, relative to the fitted line. h is then computed using the formula h = 2 * 1.282 * (standard deviation) where the factor 2 accounts for both the upper and lower terrain deviations from the mean. The roundness of the obstacle is modelled by Roundness = 75 / ( h + 75) For flat terrain, h is very small and the roundness approaches a value of 1.0. For varying terrain, h will be larger and the roundness will be smaller. Two additional variables are required to be calculated before the diffraction loss can be calculated. The knife edge and smooth earth diffraction losses form the outer bounds for the range of possible diffraction loss values. The knife edge diffraction loss is modelled (with R = Clearance ratio) as: For R ò -0.5 Knife edge (dB) = ( -1.377 * R2 ) + (11 * R) - 6 For R < -0.5 Knife edge (dB) = [ 50.4 / (1.6 - R) ] -36 The Knife edge value will always be restricted to be less than or equal to zero. The Smooth earth diffraction loss is modelled as Smooth earth (dB) = ( 38.68 * R ) - 21.66 The Smooth earth diffraction value is restricted to be less than or equal to zero, and will also be less than or equal to the knife edge diffraction loss. The program calculates the diffraction loss from the clearance ratio, the roundness, and an approximation of the diffraction losses which would occur for (1) knife-edge diffraction and (2) smooth edge diffraction. Thus the diffraction loss between the antenna radiation center and the specified point becomes Diffraction Loss = Knife Edge + ( Roundness * ( Smooth Earth - Knife Edge )) Clutter Loss. Clutter loss, which accounts for the effects of vegetation, man-made structures, etc. on the received signal, is modelled by the following equations (R is the clearance ratio explained above): Clutter loss (in dB) = (( C -1 )( R - 0.4 )2)/ 0.16 - C The clutter loss is restricted to values of zero or less. The value for C is here set at 5 dB and represents the median clutter loss in average suburban areas in the United States. Find the Field Strength. Now that all of the terms have been defined, the computed field strength at the point under study can be computed using the equation Field strength = Freespace + Diffraction Loss + Clutter Loss as set forth above. The process is repeated for each point, out to the maximum distance specified as input or the default value specified by the program. The result is a distribution of points similar to that shown in Graph 3. Locate the Contour Distance. The program identifies the locations along the radial at which the field strength values correspond to the desired contour value. In the simplest case, where the signal strength gradually falls off with increasing distance, there is only one point at which the predicted field strength corresponds to the desired contour. That crossing-point will be defined as the distance to the desired contour along that radial. See Graph 4. If the field strength value dips below the desired contour value at some point, and later rises above the desired contour value for some distance, then multiple crossing points will exist. The contour lies between the first point at which the signal strength dips below the contour value and the last point at which the signal strength drops below the contour value. See Graph 5. To locate the actual distance in this range, the program determines a log-linear fit of the field strength values. See Graph 6. The distance to the contour is [ (Desired Field Strength Contour - B) / Slope] Contour Distance = 10 B corresponds to that field strength value of the fitted curve extrapolated back to a distance of 1 km (log10 l km = 0 ) from the transmitter site. Slope refers to the slope of the fitted line. This provides a unique value or the distance to the contour along the specified radial. In a few rare instances, an obstruction close to the transmitter site may cause some low signal values near the transmitter site, but the signal strength at greater distances will rise above the desired contour level. If the signal strength remains above the desired contour value for some distance, the low close-in field strengths will be ignored, since they represent only a small portion of the station's service area. The distance to the contour will be calculated as discussed above. See Graph 7. If the calculated field strength is low near the transmitter site but later briefly rises above the desired contour value, we ignore the higher field strengths since the region receiving those field strengths is very small. In this case, the distance to the contour will be less than 1 km from the transmitter site. See Graph 8. Two other situations can occur, which generally represent incorrect data input. First of all, the predicted field strength may never fall below the desired contour value. This indicates that either the length of the radial is not long enough, or that a very low field strength value has been selected. Generally, the default value for the length of the radial should avoid this problem for desired contour values of 34 dBu or greater. The second situation is that the field strength along the radial never exceeds the desired field strength value. This indicates that the field strength value chosen is abnormally high for contour prediction (well in excess of 100 dBu) or that a large terrain obstruction exists immediately adjacent to the transmitter site. To produce an actual contour, this process is iterated over a number of evenly spaced radials at different azimuths. The distances to the contours for the various radials are then joined by a smooth curve to represent the location of the contour. Additional Step Required to Locate the Interfering Contour. The preceding discussion will locate the service contours of a station. To find the interfering contour, a time fading adjustment is required. Specifically, once the field strength for a particular point is located (see the section Find the Field Strength above), an adjustment is made using the difference between the standard F(50,50) and F(50,10) propagation curves at the station's ERP, HAAT, and distance from the transmitter site. This adjustment accounts for attenuation caused by long-term time fading effects. Thus, the field strength formula becomes Field strength = Freespace + Diffraction Loss + Clutter Loss + [ F(50,10) FS - F(50,50) FS] where FS is the field strength value obtained from the F(50,50) or F(50,10) propagation curves. Where to obtain the source code. The Fortran 77 source code for this computer program is available through the Internet at http://www.fcc.gov/mmb/asd/ptp.html. This code contains all of the necessary subroutines. It does not include access to the FCC's 30 second terrain database, and some modifications to the program will be necessary to retrieve data from a local version of a terrain database. Questions. Questions on the point-to-point method set forth above may be referred to Harry Wong, Office of Engineering Technology, at 202-418-2437. Questions on the Fortran program may be referred to Jorden Brinn at 202-418-2664. APPENDIX C Actual Protected and Interfering Contours in Puerto Rico and the U.S. Virgin Islands Stations in Puerto Rico and the U.S. Virgin Islands are permitted to increase antenna height above average terrain (HAAT) well above the maximum values permitted elsewhere in the United States. In effect, stations fully spaced under Section 73.107 in these areas receive protection from interference using different contours than Section 73.207 was designed for. These contours are shown in the table below. An example of how to use the table has also been provided. Example using the contour protection table. Assume Station X is a Class A station, and that Station Y is a Class B station, and that these two stations are on first-adjacent channels. Station X proposes contour protection to Station Y. Station X would apply the table above as follows. (i) Station X's F(50,50) protected contour vs. Station Y's F(50,10) interfering contour. Under the "Station with Protected Contour" heading, Station X would go to the column marked "Class A". Proceed downward on the left side to "1st Adj, Channel" (under the heading "Station with Interfering Contour"). Since Station Y is a Class B station, the bottom row of this box is read. As a result, Station X's 68 dBu F(50,50) protected contour must not overlap the 62 dBu F(50,10) interfering contour of Station Y. (ii) Station X's F(50,10) interfering contour vs. Station Y's F(50,50) protected contour. Since Station Y is now the protected station, go to "Class B" under the "Station with Protected Contour" heading. Proceeding downward on the left side, stop again at the row marked "1st Adj. Channel" Because Station X is Class A, the top row in that box is read. As a result, Station X's 59 dBu F(50,10) interfering contour must not overlap the 65 dBu F(50,50) protected contour of Station Y. If no contour overlap would be created under both (i) and (ii), then the application would provide the same protection as two stations located at the minimum required separation under 47 CFR  73.207, with both stations operating at the reference facilities allowed for the station class pursuant to 47 CFR  73.211(b)(3). APPENDIX D Minor Rule Changes Adopted by the Commission 47 CFR Part 73 is revised as follows: Part 73 - Radio Broadcast Services 1. The authority citation for Part 73 continues to read as follows: Authority: 47 U.S.C.   154, 303 2. A reference to a new informational rule section, Section 73.3617, Broadcast Information Available on the Internet, is added to the listing of rule sections by section number, at the beginning of Part 73. 3. A reference to a new informational rule section, Section 73.3617, Broadcast Information Available on the Internet, to the Alphabetical Index at the end of Part 73, in alphabetical order as follows: * * * * * Information available on the Internet................................73.3617 * * * * * 4. References to Section 73.1692, Broadcast Station Construction Near or Installation On an AM Broadcast Tower are added to the Alphabetical Index at the end of Part 73, in alphabetical order as follows: * * * * * Construction Near or Installation On an AM Tower ........................73.1692 * * * * * Installation On or Construction Near an AM Tower.........................73.1692 * * * * * 5. Section 73.45, paragraph (c) is amended to read as follows:  73.45 AM antenna systems. * * * * * (c) Should any changes be made or otherwise occur which would possibly alter the resistance of the antenna system, the licensee must commence the determination of the operating power by a method described in  73.51(a)(1) or (d). (If the changes are due to the construction of FM or TV transmitting facilities, see  73.316, 73.685, and 73.1692.) Upon completion of any necessary repairs or adjustments, or upon completion of authorized construction or modifications, the licensee must make a new determination of the antenna resistance using the procedures described in  73.54. Operating power should then be determined by a direct method as described in  73.51. Notification of the value of resistance of the antenna system must be filed with the FCC in Washington, DC as follows: (1) * * * (2) Whenever AM stations use direct reading power meters pursuant to  73.51, a letter notification to the FCC in Washington, DC, Attention: Audio Services Division, Mass Media Bureau, must be filed in accordance with  73.54(e). 6. Section 73.54 paragraph (d) is amended to read as follows:  73.54 Antenna resistance and reactance measurements. * * * * * (d) A letter of notification must be filed with the FCC in Washington, DC, Attention: Audio Services Division, Mass Media Bureau, when determining power by the direct method pursuant to  73.51 and must specify the antenna or common point resistance at the operating frequency. The following information must also be kept on file at the station: * * * * * 7. Section 73.58 paragraph (f) is amended to read as follows:  73.58 Indicating instruments. * * * * * (f) If conditions beyond the control of the licensee prevent the restoration of the meter to service within the above allowed period, information requested in accordance with  73.3549 may be filed by letter with the FCC in Washington, DC, Attention: Audio Services Division, Mass Media Bureau, to request additional time as may be required to complete repairs of the defective instrument. 8. Section 73.68 paragraphs (b) and (d)(1) are amended as follows:  73.68 Sampling systems for antenna monitors. * * * * * (b) A station having an antenna sampling system constructed according to the specifications given in paragraph (a) of this section may obtain approval of that system by submitting an informal letter request to the FCC in Washington, DC, Attention: Audio Services Division, Mass Media Bureau. The request for approval, signed by the licensee or authorized representative, must contain sufficient information to show that the sampling system is in compliance with all requirements of paragraph (a) of this section. Note: A public notice dated December 9, 1985 giving additional information on approval of antenna sampling systems is available through the Internet at http://www.fcc.gov/mmb/asd/decdoc/letter/1985--12--09--sample.html. * * * * * (d) * * * (1) Special Temporary Authority (see  73.1635) shall be requested and obtained from the Commission's Audio Services Division, Mass Media Bureau in Washington to operate with parameters at variance with licensed values pending issuance of a modified license specifying parameters subsequent to modification or replacement of components. * * * * * 9. Section 73.69 paragraphs (c) and (d)(5) are amended to read as follows:  73.69 Antenna monitors. * * * * * (c) If conditions beyond the control of the licensee prevent the restoration of the monitor to service within the allowed period, an informal letter request in accordance with  73.3549 of the Commission's rules must be filed with the FCC, Attention: Audio Services Division, Mass Media Bureau in Washington, DC for such additional time as may be required to complete repairs of the defective instrument. (d) * * * (5) An informal letter request for modification of license shall be submitted to the FCC, Attention: Audio Services Division, Mass Media Bureau in Washington, DC within 30 days of the date of monitor replacement. Such request shall specify the make, type, and serial number of the replacement monitor, phase and sample current indications, and other data obtained pursuant to paragraph (d) of this section. * * * * * 10. Section 73.151 paragraphs (a) and (a)(1) are amended to read as follows:  73.151 Field strength measurements to establish performance of directional antennas. (a) In addition to the information required by the license application form, the following showing must be submitted to establish, for each mode of directional operation, that the effective measured field strength (RMS) at 1 kilometer (km) is not less than 85 percent of the effective measured field strength (RMS) specified for the standard radiation pattern, or less than that specified in  73.189(b) for the class of station involved, whichever is the higher value, and that the measured field strength at 1 km in any direction does not exceed the field shown in that direction on the standard radiation pattern for that mode of directional operation: (1) A tabulation of inverse field strengths in the horizontal plane at 1 km, as determined from field strength measurements taken and analyzed in accordance with  73.186, and a statement of the effective measured field strength (RMS). Measurements shall be made in at least the following directions: (i) * * * * * * * * 11. Section 73.213, paragraph (a) is amended to read as follows:  73.213 Grandfathered short-spaced stations. (a) Stations at locations authorized prior to November 16, 1964, that did not meet the separation distances required by 73.207 and have remained continuously short-spaced since that time may be modified or relocated with respect to such short-spaced stations, provided that (i) any area predicted to receive interference lies completely within any area currently predicted to receive co-channel or first- adjacent channel interference as calculated in accordance with paragraph (a)(1) of this section, or that (ii) a showing is provided pursuant to paragraph (a)(2) of this section that demonstrates that the public interest would be served by the proposed changes. * * * * * 12. Section 73.258 paragraph (d) is amended to read as follows:  73.258 Indicating instruments. * * * * * (d) If conditions beyond the control of the licensee prevent the restoration of the meter to service within the above allowed period, an informal letter request in accordance with  73.3549 may be filed with the FCC, Attention: Audio Services Division, Mass Media Bureau, in Washington, DC for such additional time as may be required to complete repairs of the defective instrument. 13. Section 73.312 paragraph (b) is amended to read as follows:  73.312 Topographic data. * * * * * (b) The Commission will not ordinarily require the submission of topographical maps for areas beyond 24 km (15 miles) from the antenna site, but the maps must include the principal city or cities to be served. If it appears necessary, additional data may be requested. * * * * * 14. Section 73.313 paragraphs (c)(2) and (d)(2) are amended to read as follows:  73.313 Prediction of coverage * * * * * (c) * * * (2) To use the chart for other ERP values, convert the ordinate scale by the appropriate adjustment in dB. For example, the ordinate scale for an ERP of 50 kW should be adjusted by 17 dB [10 log (50 kW) = 17 dBk], and therefore a field strength of 60 dBu would correspond to the field strength value at (60 - 17 =) 44 dBu on the chart. When predicting the distance to field strength contours, use the maximum ERP of the main radiated lobe in the pertinent azimuthal direction (do not account for beam tilt). When predicting field strengths over areas not in the plane of the maximum main lobe, use the ERP in the direction of such areas, determined by considering the appropriate vertical radiation pattern. (d) * * * (2) Where the 3 to 16 kilometers portion of a radial extends in whole or in part over a large body of water or extends over foreign territory but the 50 uV/m (34 dBu) contour encompasses land area within the United States beyond the 16 kilometers portion of the radial, the entire 3 to 16 kilometers portion of the radial must be included in the computation of antenna height above average terrain. However, where the 50 uV/m (34 dBu) contour does not so encompass United States land area, and (i) the entire 3 to 16 kilometers portion of the radial extends over large bodies of water or over foreign territory, such radial must be completely omitted from the computation of antenna height above average terrain, and (ii) where a part of the 3 to 16 kilometers portion of a radial extends over large bodies of water or foreign territory, only that part of the radial extending from 3 kilometers to the outermost portion of land in the United States covered by the radial used must be used in the computation of antenna height above average terrain. * * * * * 15. The note at the end of Section 73.503 is amended to include an additional source of information, as follows:  73.503 Licensing requirements and service. * * * * * * * * * * (d) * * * * * Note: Commission interpretation on this rule, including the acceptable form of acknowledgements, may be found in the Second Report and Order in Docket No. 21136 (Commission Policy Concerning the Noncommercial Nature of Educational Broadcast Stations), 86 FCC 2d 141 (1981); the Memorandum Opinion and Order in Docket No. 21136, 90 FCC 2d 895 (1982), and the Memorandum Opinion and Order in Docket 21136, 97 FCC 2d 255 (1984). See also, "Commission Policy Concerning the Noncommercial Nature of Educational Broadcast Stations," Public Notice, 7 FCC Rcd 827 (1992), which can be retrieved through the Internet at http://www.fcc.gov/mmb/asd/nature.html. * * * * * 16. Section 73.561 paragraphs (c) and (d) are amended to read as follows:  73.561 Operating schedule; time sharing. * * * * * (c) A departure from the regular schedule set forth in a time-sharing agreement will be permitted only in cases where a written agreement to that effect is reduced to writing, is signed by the licensees of the stations affected thereby, and is filed in triplicate by each licensee with the Commission, Attention: Audio Services Division, Mass Media Bureau, prior to the time of the proposed change. If time is of the essence, the actual departure in operating schedule may precede the actual filing of the written agreement, provided that appropriate notice is sent to the Commission in Washington, DC, Attention: Audio Services Division, Mass Media Bureau. (d) In the event that causes beyond the control of a permittee or licensee make it impossible to adhere to the operating schedule in paragraphs (a) or (b) of this section or to continue operating, the station may limit or discontinue operation for a period not exceeding 30 days without further authority from the Commission, Provided, That notification is sent to the Commission in Washington, DC, Attention: Audio Services Division, Mass Media Bureau, no later than the 10th day of limited or discontinued operation. During such period, the permittee shall continue to adhere to the requirements of the station license pertaining to the lighting of antenna structures. In the event normal operation is restored prior to the expiration of the 30 day period, the permittee or licensee will notify the FCC, Attention: Audio Services Division of the date that normal operations resumed. If causes beyond the control of the permittee or licensee make it impossible to comply within the allowed period, Special Temporary Authority (see  73.1635) must be requested to remain silent for such additional time as deemed necessary. The license of a broadcasting station that fails to transmit broadcast signals for any consecutive 12 month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of license to the contrary. 17. Section 73.1350 paragraph (g) is amended to read as follows:  73.1350 Transmission system operation. * * * * * (g) Whenever a transmission system control point is established at a location other than the main studio or transmitter, a letter of notification of that location must be sent to the FCC in Washington, DC, Attention: Audio Services Division (radio) or Video Services Division (television), Mass Media Bureau, within 3 days of the initial use of that point. The letter should include a list of all control points in use, for clarity. This notification is not required if responsible station personnel can be contacted at the transmitter or studio site during hours of operation. * * * * * 18. Section 73.1560 paragraph (d) is amended to read as follows:  73.1560 Operating power and mode tolerances. * * * * * (d) Reduced power operation. In the event it becomes technically impossible to operate at authorized power, a broadcast station may operate at reduced power for a period of not more than 30 days without specific authority from the FCC. If operation at reduced power will exceed 10 consecutive days, notification must be made to the FCC in Washington, DC, Attention: Audio Services Division (radio) or Video Services Division (television), Mass Media Bureau, not later than the 10th day of the lower power operation. In the event that normal power is restored within the 30 day period, the licensee must notify the FCC of the date that normal operation was restored. If causes beyond the control of the licensee prevent restoration of the authorized power within 30 days, a request for Special Temporary Authority (see 73.1635) must be made to the FCC in Washington, DC for additional time as may be necessary. 19. Section 73.1680 paragraph (b) is amended to read as follows:  73.1680 Emergency antennas. * * * * * (b) Prior authority from the FCC is not required by licensees and permittees to erect and commence operations using an emergency antenna to restore program service to the public. However, an informal letter request to continue operation with the emergency antenna must be made within 24 hours to the FCC in Washington, DC, Attention: Audio Services Division (radio) or Video Services Division (television), Mass Media Bureau, within 24 hours after commencement of its use. The request is to include a description of the damage to the authorized antenna, a description of the emergency antenna, and the station operating power with the emergency antenna. (1) * * * * * * * * 20. Section 73.1750 is amended to read as follows:  73.1750 Discontinuance of operation. The licensee of each station shall notify by letter the FCC in Washington, DC, Attention: Audio Services Division (radio) or Video Services Division (television), Mass Media Bureau, of the permanent discontinuance of operation at least two days before operation is discontinued. Immediately after discontinuance of operation, the licensee shall forward the station license and other instruments of authorization to the FCC, Attention: Audio Services Division (radio) or Video Services Division (television), Mass Media Bureau, for cancellation. The license of any station that fails to transmit broadcast signals for any consecutive 12 month period expires as a matter of law at the end of that period, notwithstanding any provision, term, or condition of the license to the contrary. If a licensee surrenders its license pursuant to an interference reduction agreement, and its surrender is contingent on the grant of another application, the licensee must identify in its notification to the FCC the contingencies involved. 21. Section 73.3542 paragraph (b) is amended to read as follows:  73.3542 Application for emergency authorization. * * * * * (b) Emergency operating authority issued under this section may be cancelled or modified by the FCC without prior notice or right to hearing. See also  73.1250, Broadcasting Emergency Information, for situations in which emergency operation may be conducted without prior authorization, and  73.1635, Special Temporary Authorization (STA), for temporary operating authorizations necessitated by circumstances not within the ambit of this section. 22. Section 73.3544 paragraph (b) is amended to read as follows:  73.3544 Application to obtain a modified station license. * * * * * (b) An informal application, see 73.3511(b), may be filed with the FCC in Washington, DC, Attention: Audio Services Division (radio) or Video Services Division (television), Mass Media Bureau, to cover the following changes: (1) * * * * * * * * 23. Section 73.3549 is amended to read as follows:  73.3549 Requests for extension of time to operate without required monitors, indicating instruments, and EAS encoders and decoders. Requests for extension of authority to operate without required monitors, transmission system indicating instruments, or encoders and decoders for monitoring and generating the EAS codes and Attention Signal should be made to the FCC in Washington, DC, Attention: Audio Services Division (radio) or Video Services Division (television), Mass Media Bureau. Such requests must contain information as to when and what steps were taken to repair or replace the defective equipment and a brief description of the alternative procedures being used while the equipment is out of service. 24. A new informational Section 73.3617 is added as follows:  73.3617 Broadcast Information Available on the Internet. The Mass Media Bureau and each of its Divisions provide information on the Internet regarding broadcast rules and policies, pending and completed rulemakings, and pending applications. These sites also include copies of public notices and texts of recent decisions. The Mass Media Bureau Internet address is http://www.fcc.gov/mmb/; the Audio Services Division address is http://www.fcc.gov/mmb/asd/; the Video Services Division address is http://www.fcc.gov/mmb/vsd/; the Policy and Rules Division address is http://www.fcc.gov/mmb/prd/; and the Enforcement Division address is http://www.fcc.gov/mmb/enf/. 47 CFR Part 74 is revised as follows: Part 74 - Experimental Radio, Auxiliary, Special Broadcast and Other Program Distributional Services 25. The authority citation for Part 74 continues to read as follows: Authority: 47 U.S.C.   154, 303 26. A reference to a new rule section, Section 74.1290, Broadcast Information Available on the Internet, is added to the listing of rule sections by section number, at the beginning of Part 74. 27. A reference to Section 74.1290, Broadcast Information Available on the Internet, is added to the Alphabetical Index at the end of Part 74, in alphabetical order as follows: * * * * * Information on the Internet, FM translator and booster stations.....................74.1290 * * * * * 28. Section 74.734 paragraph (a)(4) is amended to read as follows:  74.734 Attended and unattended operation. * * * * * (a) * * * (4) A letter notification must be filed with the FCC in Washington, DC, Attention: Video Services Division, Mass Media Bureau, providing the name, address, and telephone number of a person or persons who may be called to secure suspension of operation of the transmitter promptly should such action be deemed necessary by the FCC. Such information shall be kept current by the licensee. * * * * * 29. Section 74.751 paragraph (c) is amended to read as follows:  74.751 Modification of transmission systems. * * * * * (c) Other equipment changes not specifically referred to in paragraphs (a) and (b) may be made at the discretion of the licensee, provided that the FCC in Washington, DC, Attention: Video Services Division, Mass Media Bureau, is notified in writing upon the completion of such changes. * * * * * 30. Section 74.763 paragraph (b) is amended to read as follows:  74.763 Time of operation. * * * * * (b) In the event that causes beyond the control of the low power TV or TV translator station licensee make it impossible to continue operating, the licensee may discontinue operation for a period of not more than 30 days without further authority from the FCC. Notification must be sent to the FCC in Washington, DC, Attention: Video Services Division, Mass Media Bureau, not later than the 10th day of discontinued operation. During such period, the licensee shall continue to adhere to the requirements in the station license pertaining to the lighting of antenna structures. In the event normal operation is restored prior to the expiration of the 30 day period, the FCC in Washington, DC, Attention: Video Services Division, Mass Media Bureau, shall be notified in writing of the date normal operations resumed. If causes beyond the control of the licensee make it impossible to comply within the allowed period, a request for Special Temporary Authority (see 73.1635 of this chapter) shall be made to the FCC no later than the 30th day for such additional time as may be deemed necessary. * * * * * 31. Section 74.784 paragraph (b) is amended to read as follows:  74.784 Rebroadcasts. * * * * * (b) The licensee of a low power TV or TV translator station shall not rebroadcast the programs of any other TV broadcast station or other station authorized under the provisions of this Subpart without obtaining prior consent of the station whose signals or programs are proposed to be retransmitted. The FCC, Attention: Video Services Division, Mass Media Bureau, shall be notified of the call letters of each station rebroadcast, and the licensee of the low power TV or TV broadcast translator station shall certify it has obtained written consent from the licensee of the station whose programs are being retransmitted. * * * * * 32. Section 74.1231 paragraph (b) is amended to read as follows:  74.1231 Purpose and permissible service. * * * * * (b) An FM translator may be used for the purpose of retransmitting the signals of a primary FM radio broadcast station or another translator station the signal of which is received directly through space, converted, and suitably amplified. However, an FM translator providing fill-in service may use any terrestrial facilities to receive the signal that is being rebroadcast. An FM booster station or a noncommercial educational FM translator station that is operating on a reserved channel (Channels 201 -- 220) and is owned and operated by the licensee of the primary noncommercial educational station it rebroadcasts may use alternative signal delivery means, including, but not limited to, satellite and terrestrial microwave facilities. Provided, however, that an applicant for a noncommercial educational translator operating on a reserved channel (Channel 201 -- 220) and owned and operated by the licensee of the primary noncommercial educational FM station it rebroadcasts complies with either paragraph (b)(1) or (b)(2) of this section: (1) * * * * * * * * 33. Section 74.1234 paragraph (a)(4) is amended to read as follows:  74.1234 Unattended operation. * * * * * (a) * * * (4) The FCC in Washington, DC, Attention: Audio Services Division, Mass Media Bureau, shall be notified by letter with the name, address, and telephone number of a person or persons who may be contacted to secure suspension of operation of the translator promptly should such action be deemed necessary by the Commission. Such information shall be kept current by the licensee. * * * * * 34. Section 74.1235, paragraphs (d)(1), (d)(2), and d(3) are added to read as follows, and sections (c)(1) and (c)(2) are removed:  74.1235 Power limitations and antenna systems. * * * * * (c) The effective radiated power of FM booster stations shall be limited such that the predicted service contour of the booster station, computed in accordance with 73.313 paragraphs (a) through (d) of this chapter, may not extend beyond the corresponding service contour of the primary FM station that the booster rebroadcasts. In no event shall the ERP of the booster station exceed 20% of the maximum allowable ERP for the primary station's class. (d) * * * (1) Translator stations located within 125 kilometers of the Mexican border may operate with an ERP up to 50 watts (0.050 kW) ERP. A booster station may not produce a 34 dBu interfering contour in excess of 32 km from the transmitter site in the direction of the Mexican border, nor may the 60 dBu service contour of the booster station exceed 8.7 km from the transmitter site in the direction of the Mexican border. (2) Translator stations located between 125 kilometers and 320 kilometers from the Mexican border may operate with an ERP in excess of 50 watts, up to the maximum permitted ERP of 250 watts per  74.1235(b)(2). However, in no event shall the location of the 60 dBu contour lie within 116.3 km of the Mexican border. (3) 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 74.1235(a) and (b). The distance to the 34 dBu interfering contour may not exceed 60 km in any direction. 35. Section 74.1251 paragraph (b)(6) is amended to read as follows, and the reference at the end of the rule section is amended to correct a date.  74.1251 Technical and equipment modifications. * * * * * (b) * * * (6) Any change in the output frequency of a translator. * * * * * [35 FR 15388, Oct. 2, 1970, as amended at 45 FR 26068, Apr. 17, 1980; 47 FR 24580, June 7, 1982; 50 FR 3525, Jan 25, 1985; 50 FR 23710, June 5, 1985; 55 FR 50968, Dec. 10, 1990; 61 FR 4368, Feb. 6, 1996] 36. A new informational Section 74.1290 is added as follows:  74.1290 FM Translator and Booster Station Information Available on the Internet. The Mass Media Bureau's Audio Services Division provides information on the Internet regarding FM translator and booster stations, rules, and policies at http://www.fcc.gov/mmb/asd/. -- FCC --