FCC 88-423 Federal Communications Commission Record 4 FCC Red No. 2 
Before the 
Federal Communications Commission 
Washington, D.C. 20554 
MM Docket No. 86-144 
In the Matter of 
Review of Technical Parameters for 
FM Allocation Rules of Part 73, 
Subpart B, FM Broadcast Stations 
ORDER 
Adopted: December 22, 1988; Released: January 18, 1989 
By the Commission: 
1. This action originates in an earlier Commission de­
cision in Docket 86-144, 1 which changed the minimum 
power requirements for Class A commercial radio broad­
cast facilities and, accordingly amended Section 73.211 of 
the Commission's Rules. Correspondingly, Section 73.511 
of the noncommercial FM radio rules should have been 
revised at the same time because the definition of a class 
A station is the same whether the station is commercial or 
noncommercial. However, revision of Section 73.511 was 
inadvertently omitted in the earlier decision. This Order 
corrects that oversight, and pursuant to the Agency's over­
sight function, Section 73.511 is amended accordingly. 
2. This Order makes no substantive changes which im­
pose additional burdens or remove provisions relied upon 
by licensees or the public and, accordingly, we conclude, 
for the reasons set forth above, that this revision will serve 
the public interest. 
3. Because this amendment does not impose any addi­
tional burdens, and raises no issue upon which public 
comment would serve a meaningful purpose, good cause 
exists for dispensing with the notice, comment, and effec­
tive date provisions contained in the Administrative Pro­
cedure Act. See 5 U.S.C. §§ 553 (b) and (d). 
4. Because a general notice of proposed rule making is 
not required, the Regulatory Flexibility Act does not ap­
ply. 
5. The amendment contained herein has been analyzed 
with respect to the Paperwork Reduction Act of 1980 and 
found to contain no new or modified form, information 
collection and/or record keeping, labeling, disclosure, or 
record retention requirements; and will not increase or 
decrease burden hours imposed on the public. 
6. Therefore, IT IS ORDERED, That pursuant to Sec­
tions 4 and 303 of the Communications Act of 1934, as 
amended, (47 U.S.C. §§ 154 and 303) Part 73 of the FCC 
Rules and Regulations IS HEREBY AMENDED as set 
forth below, effective upon publication in the Federal 
Register. 
686 
FEDERAL COMMUNICATIONS COMMISSION 
Donna R. Searcy 
Secretary 
APPENDIX 
47 CFR Part 73 is amended as follows: 
1. The authority citation for Part 73 continues to read 
as follows: 
Authority: 47 U.S.C. Sections 154 and 303. 
2. Section 73.511 is amended by revising paragraph (a) 
to read as follows: 
§ 73.511 Power and antenna height requirements. 
(a) No new noncommercial educational station will be 
authorized with less power than minimum power require­
ments for commercial Class A facilities. (See Section 
73.211.) 
* * * * * 
FOOTNOTE 
1 See Memorandum Opinion and Order in MM Docket No. 
86-144, FCC 88-152, 3 FCC Red 2477 (1988).