[Federal Register: February 11, 2003 (Volume 68, Number 28)]
[Notices]
[Page 6918-6919]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11fe03-65]
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FEDERAL COMMUNICATIONS COMMISSION
[DA-03-46]
Freeze on the Filing of TV and DTV ``Maximization'' Applications
in Channels 60-69
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: This document announces an immediate freeze on the filing of
``maximization'' applications, as defined further, by analog and
digital television broadcast stations in the 746-806 MHz spectrum band,
currently comprising television channels 60-69. Imposition of an
immediate freeze will ensure that new maximization applications are not
filed in this band in anticipation of future limitations, thus
defeating the administrative purpose of the freeze.
ADDRESSES: 445 12th Street, SW., Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Kim Matthews, Policy Division, Media
Bureau, Federal Communications Commission, (202) 418-2120.
[[Page 6919]]
SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's
Public Notice (``PN''), DA 03-46, adopted and released January 24,
2003. The complete text of this NPRM is available for inspection and
copying during normal business hours in the FCC Reference Center, Room
CY-A257, 445 12th Street, SW., Washington, DC and may also be purchased
from the Commission's copy contractor, Qualex International, Portals
II, 445 12th Street SW., Room CY-B-402, Washington, DC 20554, telephone
(202) 863-2893, facsimile (202) 863-2898, or via e-mail:
qualexint@aol.com.
Synopsis of Public Notice
1. Beginning immediately, and until further notice, the Commission
will not accept for filing modification applications that would
increase a television broadcast station's analog or DTV service area in
the 746-806 MHz spectrum band, currently comprising television channels
60-69, in one or more directions beyond the combined area resulting
from the station's parameters as defined in the following: (1) The DTV
Table of Allotments; (2) Commission authorizations (license and/or
construction permit); and (3) applications on file with the Commission
prior to release of this Public Notice. Since July 7, 1998, the
Commission has not accepted requests for modifications for analog
stations on channels 60-69 that would result in an overall increase in
the service area of the station. The policy we announce herein does not
alter this existing policy. The Commission will continue to process
applications on file as of the date this Public Notice is released. The
Commission may consider, on a case by case basis and consistent with
the public interest, amendments to those applications, for example, to
resolve interference with other stations or pending applications or
resolve mutual exclusivity with other pending applications.
2. The Commission has reallocated and is in the process of
recovering channels 60-69 in order to provide spectrum for use by other
services, particularly public safety and other land mobile services,
and is in the process of considering other issues relating to DTV
service maximization as part of its periodic reviews of the digital
television conversion process. Portions of these channels have already
been licensed to Guard Band and Public Safety entities. Prohibiting the
filing of new maximization applications in this band will protect these
newly licensed entities from shifts or expansion in existing broadcast
service, and will facilitate the eventual clearing of this spectrum and
the auction of the commercial portions of the spectrum. Imposition of
an immediate freeze will ensure that new maximization applications are
not filed in this band in anticipation of future limitations, thus
defeating the administrative purpose of the action herein.
3. Consistent with existing policy, the Bureau will consider, on a
case-by-case basis, requests for waiver of this freeze where the
modification application: (1) Would permit co-location of transmitter
sites in a market in circumstances consistent with the Commission's
policy of encouraging co-location to reduce the cost of construction,
particularly of DTV facilities, or to achieve more efficient spectrum
use; or (2) is necessary or otherwise in the public interest for
technical or other reasons to maintain quality service to the public,
such as where zoning restrictions preclude tower construction at a
particular site or where unforeseen events, such as extreme weather
events or other extraordinary circumstances, require relocation to a
new tower site. As with any request for waiver of our rules, a request
for waiver of the freeze imposed in this Notice will be granted only
upon a showing of good cause and where grant of the waiver will serve
the public interest.
4. The decision to impose this freeze is procedural in nature and
therefore the freeze is not subject to the notice and comment and
effective date requirements of the Administrative Procedure Act. See 5
U.S.C. 553(b)(A), (d); Kessler v. FCC, 326 F. 2d 673 (D.C. Cir. 1963).
Moreover, there is good cause for the Commission's not using notice and
comment procedures in this case, or making the freeze effective 30 days
after publication in the Federal Register, because to do so would be
impractical, unnecessary, and contrary to the public interest because
compliance would undercut the purposes of the freeze. See 5 U.S.C.
553(b)(B), (d)(3).
5. This action is taken by the Chief, Media Bureau pursuant to
authority delegated by Sec. 0.283 of the Commission's rules.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-3312 Filed 2-10-03; 8:45 am]
BILLING CODE 6712-01-P