MM Docket No. 99-325

COMMENT SOUGHT ON USE OF DIGITAL AM TRANSMISSIONS DURING NIGHTTIME
HOURS
Comment Date: June 14, 2004
Reply Comment Date: July 14, 2004

On March 5, 2004, the National Association of Broadcasters
(NAB) submitted recommendations to the Commission concerning nighttime
operation of AM In-Band/On-Channel ("IBOC") digital radio. In July,
2002, NAB convened an ad hoc technical group of broadcast engineers to
evaluate several technical reports prepared by iBiquity Digital
Corporation. Thereafter, the NAB Radio Board reviewed and endorsed
the group's findings. The NAB recommendations and the AM Nighttime
Reports are available electronically from the Commission's website at:
http://gullfoss2.fcc.gov/prod/ecfs/comsrch_v2.cgi under MM Docket No.
99-325, or from the Commission's duplicating contractor, Qualex
International, 445 12th Street, SW, Room CY-B402, Washington, DC,
20554, 202-863-2893. We seek comment on NAB's conclusions and
recommendations.
Currently, AM stations may voluntarily initiate hybrid IBOC
transmissions during daytime hours and, if so authorized for analog
broadcasts, during the pre-sunrise and post-sunset hours, upon
notification to the Commission. In authorizing interim IBOC
operations, the Commission agreed with the NRSC that, due to the lack
of nighttime test results, significant uncertainty remained with
respect to the potential for first adjacent channel interference
during nighttime skywave propagation conditions. The Commission,
therefore, deferred authorizing nighttime use of AM IBOC until the
completion of further testing. As a result, AM stations are
currently precluded from transmitting IBOC signals during nighttime
hours. Because of the need for further evaluation of AM IBOC during
nighttime conditions, testing in this area has been continued since
the release of the IBOC Order.
Based on the AM Nighttime Reports, the NAB recommends that the
Commission permit nighttime AM IBOC broadcasts for all AM stations
currently authorized for nighttime broadcasts. The NAB also recommends
that the Commission authorize nighttime transmissions for all digital
AM stations rather than requiring each broadcaster to seek a separate
nighttime authorization. In order to accommodate those AM stations
that wish to implement IBOC operations at night without delay, we seek
comment here on authorizing nighttime IBOC operation by AM stations
using the Commission's routine special temporary authority ("STA")
procedures.
The NAB recognized that the commencement of nighttime AM IBOC
broadcasts may create new instances of interference in certain
situations, and noted that the recommendations made for authorization
of this service include Commission action to use its existing
authority to address instances of unexpected levels of interference on
a case-by-case basis.
Interested parties may submit comments on or before June 14,
2004, and reply comments on or before July 14, 2004. Comments and
replies should specifically reference this Public Notice. Comments
and reply comments may be filed electronically at
http://www.fcc.gov/cgb/ecfs , or on paper (an original and four
copies) with the Commission's Secretary, Marlene Dortch, Federal
Communications Commission, 236 Massachusetts Avenue, NE, Suite 110,
Washington, DC, 20002.
Ex parte status: This is a "permit-but-disclose" rulemaking
proceeding. See Digital Audio Broadcasting Systems and Their Impact
on the Terrestrial Broadcast Service, 15 FCC Rcd at 1745 (1999).
"Permit-but-disclose" ex parte procedures permit interested parties
to make ex parte presentations to the Commissioners and Commission
employees and require that these presentations be disclosed in the
record of the relevant proceeding. Persons making a written ex parte
presentation to the Commissioners or Commission employees must file
the written presentation with the Commission, as set forth below, no
later than the next business day after the presentation. See 47
C.F.R. § 1.1206(b)(1). Persons making oral ex parte presentations
must file a summary of the presentation, as set forth below, and
deliver copies to the Commissioners or Commission employees involved
with the presentation no later than the next business day after the
presentation. See 47 C.F.R. § 1.1206(b)(2). All ex parte filings
must be clearly labeled as such and must reference this Public Notice,
as well as any other applicable docket or file numbers.
An original and one copy of all ex parte memoranda must be
filed with the Commission's Secretary, Marlene Dortch, Federal
Communications Commission, 236 Massachusetts Avenue, NE, Suite 110,
Washington, DC, 20002, in accordance with 47 C.F.R. § 1.1206(b)(1).
In addition, one copy of each ex parte memorandum should be delivered
to each of the following locations: (1) the Commission's duplicating
contractor, Qualex International, 445 12th Street, SW, Room CY-B402,
Washington, DC, 20554. Copies of the reports and any subsequently
filed documents in this matter may be obtained electronically at
http://www.fcc.gov/e-file/ecfs.html, and on paper from Qualex
International during normal business hours in the Commission's
Reference Information Center located at 445 12th Street, SW, Room
CY-A257, Washington, DC, 20554.
For additional information, contact Charles N. Miller or Ann
Gallagher at the Audio Division, Media Bureau at (202) 418-2700.
By: Chief, Media Bureau

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