FR Doc E6-10483

[Federal Register: July 6, 2006 (Volume 71, Number 129)]
[Proposed Rules]
[Page 38346-38352]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy06-26]

=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[ET Docket No. 06-94; FCC 06-51]

Digital Television Signals Pursuant To the Satellite Home Viewer
Extension and Reauthorization Act of 2004

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This document proposes measurement procedures for determining
the strength of a digital broadcast television (DTV) signal at any
specific location. These procedures would be used as a means of
determining whether households are eligible to receive distant DTV
network signals retransmitted by satellite carriers. The Commission
seeks public comment on the proposed procedures.

DATES: Comments are due on or before August 7, 2006, and reply comments
are due on or before August 21, 2006. Written comments on the Paperwork
Reduction Act proposed information collection requirements must be
submitted by the public, Office of Management and Budget (OMB), and
other interested parties on or before September 5, 2006.

ADDRESSES: You may submit comments, identified by ET Docket No. 06-94
and FCC 06-51 by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/.
Follow the instructions for submitting comments.

People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
In addition to filing comments with the Secretary, a copy of any
comments on the Paperwork Reduction Act information collection
requirements contained herein should be submitted to Cathy Williams,
Federal Communications Commission, Room 1-C804, 445 12th Street, SW.,
Washington, DC 20554, or via the Internet to PRA@fcc.gov, and to Kristy
L. LaLonde, OMB Desk Officer, Room 10234 NEOB, 725 17th Street, NW.,
Washington, DC 20503, via the Internet to Kristy L.
LaLonde@omb.eop.gov, or via fax at 202-395-5167.

For detailed instructions for submitting comments and additional
information on the rule making process, see the SUPPLEMENTARY
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: David Sturdivant, Technical Analysis
Branch, Electromagnetic Compatibility Division, Office of Engineering
and Technology, (202) 418-2470, e-mail: David.Sturdivant@fcc.gov, TTY
(202) 418-1227. For additional information concerning the Paperwork
Reduction Act information collection requirements contained in this
document, contact Judith B. Herman at 202-418-0214, or via the Internet
at PRA@fcc.gov.

SUPPLEMENTARY INFORMATION: Pursuant to Sec. Sec. 1.415 and 1.419 of
the Commission's rules, 47 CFR 1.415, 1.419, interested parties may
file comments and reply comments on or before the dates indicated on
the first page of this document. Comments may be filed using: (1) The
Commission's Electronic Comment Filing System (ECFS), (2) the Federal
Government's eRulemaking Portal, or (3) by filing paper copies. See
Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121
(1998).

[[Page 38347]]

Electronic Filers: Comments may be filed electronically
using the Internet by accessing the ECFS: http://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: http://www.regulations.gov. Filers

should follow the instructions provided on the Web site for submitting
comments.
For ECFS filers, if multiple docket or rulemaking numbers
appear in the caption of this proceeding, filers must transmit one
electronic copy of the comments for each docket or rulemaking number
referenced in the caption. In completing the transmittal screen, filers
should include their full name, U.S. Postal Service mailing address,
and the applicable docket or rulemaking number. Parties may also submit
an electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail to ecfs@fcc.gov, and include the following
words in the body of the message, ``get form.'' A sample form and
directions will be sent in response.
Paper Filers: Parties who choose to file by paper must
file an original and four copies of each filing. If more than one
docket or rulemaking number appears in the caption of this proceeding,
filers must submit two additional copies for each additional docket or
rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail (although we continue to experience delays in receiving U.S.
Postal Service mail). All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing
hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries
must be held together with rubber bands or fasteners. Any envelopes
must be disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9300 East Hampton
Drive, Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority
mail should be addressed to 445 12th Street, SW., Washington DC 20554.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).

Initial Paperwork Reduction Act of 1995 Analysis

This document contains proposed/modified information collection
requirements. The Commission, as part of its continuing effort to
reduce paperwork burdens, invites the general public and the Office of
Management and Budget (OMB) to comment on the information collection
requirements contained in this document, as required by the Paperwork
Reduction Act of 1995, Public Law 104-13. Public and agency comments
are due September 5, 2006. Comments should address: (a) Whether the
proposed collection of information is necessary for the proper
performance of the functions of the Commission, including whether the
information shall have practical utility; (b) the accuracy of the
Commission's burden estimates; (c) ways to enhance the quality,
utility, and clarity of the information collected; and (d) ways to
minimize the burden of the collection of information on the
respondents, including the use of automated collection techniques or
other forms of information technology. In addition, pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4), we seek specific comment on how we might ``further
reduce the information collection burden for small business concerns
with fewer than 25 employees.''
OMB Control Number: 3060-0863.
Title: Satellite Delivery of Network Signals to Unserved Households
for Purposes of the Satellite Home Viewer Act.
Form No.: N.A.
Type of Review: Revision of currently approved collection.
Respondents: Business or other for-profit.
Estimated Number of Respondents: 2,215.
Estimated Time Per Response: 1.0 hour per written report.
Frequency of Response: Recordkeeping requirement; On occasion
reporting requirement; Third party disclosure requirement.
Estimated Total Annual Burden: 280 hours.
Estimated Total Annual Costs: $42,000 per year.
Privacy Act Impact Assessment: No Impact.
Needs and Uses: 47 CFR 73.686 describes a method for measuring
signal strength at a household so that the satellite and broadcast
industries and consumers would have a uniform method for making an
actual determination of the signal strength that a household received.
The information gathered as part of the Grade B signal strength tests
will be used to indicate whether consumers are ``unserved'' by over-
the-air network signals. The written records of test results will be
made after testing and predicting the strength of a television
station's signal.

Summary of Notice of Proposed Rulemaking

1. Consistent with the provisions of section 204 of Satellite Home
Viewer Extension and Reauthorization Act of 2004 (SHVERA) (Pub. L. 108-
447, 204, 118 Stat 2809, 3393 3423-24, (2004), codified at 47 U.S.C.
339(c)(1)) and Commission's Report to Congress (SHVERA Report) (``Study
of Digital Television Field Strength Standards and Testing Procedures''
(SHVERA Report), ET Docket No. 05-182, 20 FCC Rcd 19504 (2005)), the
Commission proposes to amend the rules to include procedures for
measuring the field strength of digital television signals. These new
measurement procedures are needed to account for the differences that
are inherent between the NTSC (analog) and digital television signals.
While the proposed procedures would be generally applicable for
measuring digital TV signal strengths, they would specifically be used
in determining if a household is served by a digital television signal
as part of an evaluation of the household's eligibility to receive a
distant digital network signal from a satellite television provider.
The proposals set forth were developed based on our recommendations in
the SHVERA Report.
2. Wherever possible, the proposed procedures rely on existing,
proven methods the Commission has established for measuring analog
television signal strength at any individual location. The Commission
request comment on these proposals. We also note that SHVERA gives
subscribers the ability to request and pay for signal strength test if
their satellite carrier does not request the test or refuses to do so.
The Commission request comment on whether there are ways, such as by
choice of equipment or by designation of procedures, to minimize the
cost of digital signal strength tests while at the same time ensuring
the accuracy and reliability of the results. We also note that SHVERA
provides that testing of digital signal strength for this purpose could
begin as early as April 30, 2006. We will allow subscribers and
satellite carriers to rely on the proposed DTV measurement

[[Page 38348]]

procedures for evaluating DTV signal strengths pending our adoption of
final rules.
3. Antenna. The current analog TV measurement rules allow the use
of either a standard half-wave dipole or a directional (gain) antenna
for which the antenna factor is known. The Commission request comment
on whether we should require that measurements be taken using a
calibrated gain antenna with a front-to-back ratio consistent with the
DTV planning factors, or follow the approach used with analog TV
signals and require that measurements be taken using either a standard
half-wave dipole antenna or a gain antenna with a known antenna factor
for the channel(s) that are to be tested. Parties addressing this issue
should provide information to support their position, including
technical merits, effect on the accuracy of measurements, and the
practical implications for testing parties, including ease of use and
cost. Parties performing measurements in accordance with the proposals
set forth in the interim period pending the Commission's adoption of
final DTV signal strength measurement procedures are advised that they
may use a calibrated gain antenna with a front-to-back ratio consistent
with the Commission's DTV planning assumptions, a standard half-wave
dipole, or a directional (gain) antenna for which the antenna factor is
known.
4. Measurement procedures. The current measurement procedures for
analog television signals require that at least five measurements be
made in a cluster of positions as close as possible to the location of
the antenna site being tested. These measurements are taken for the
signal strength of the visual carrier of the analog signal, and the
median signal strength is reported as representative of the actual
field strength of the signal. In addition, the current rules require
that the intermediate frequency (``i.f.'') of the measurement equipment
be at least 200 kilohertz and no greater than 1 megahertz. The
Commission propose to include in the digital signal measurement
procedures the requirements that at least five measurements be made in
a cluster as close as possible to the location being tested and that
the median be reported and used to determine eligibility for distant
network signals. To account for the facts that the digital TV signal
does not have a visual carrier and that the digital signal tends to be
flat across the entire bandwidth, we propose to require digital signal
measurements to be conducted by measuring the integrated average power
over the signal's entire 6-megahertz bandwidth. To provide testing
parties with flexibility in making measurements, we propose to require
that the i.f. bandwidth of the measuring instrumentation be not greater
than 6 MHz. This will allow testers to choose the measurement
instrumentation and settings they believe appropriate, provided only
that the equipment must be capable of integrating the measured power in
the selected i.f. bandwidth across the 6 MHz TV channel. On this point,
we note that in general the average power is measured by taking
multiple measurements across the TV channel and integrating the results
of those individual measurements. The Commission request comment on
these proposals.
5. In addition, the Commission, propose to apply to the testing of
digital TV signals the requirements in the analog TV testing rules that
the instrumentation be set up with a shielded transmission line between
the testing antenna and the field strength meter, that the antenna
impedance be matched to the transmission line at all frequencies
measured, and that the tester account for transmission line loss for
each frequency being measured. Further, whenever an unbalanced line is
used, we propose to require that a suitable balun be employed. We seek
comment on these proposals.
6. The Commission further proposes, consistent with the analog
testing rules, to require that digital television measurements be made
with a horizontally polarized antenna. We also would require that the
testing antenna be oriented so that its maximum gain (over an isotropic
antenna) faces the strongest signal coming from the transmitter under
test. If more than one station's signal is being measured, the testing
antenna would be required to be oriented separately for each station.
This procedure is consistent with the Commission's current analog
signal measurement rules as well as with good engineering practice.
7. Finally, the Commission proposes to apply the antenna height
requirement, set forth in the existing analog rules, as a required
procedure for measuring digital signals. The rules currently require
that, for field strength measurements at one-story buildings, the
testing antenna be elevated to 6.1 meters (20 feet) above the ground.
For field strength measurements at buildings taller than one story, the
rules require that the testing antenna be elevated to 9.1 meters (30
feet) above the ground.
8. Weather. We propose that the current analog measurement rules
with respect to weather conditions be applied to the measurement of
digital television signal field strength. Digital signal strength
measurements are to be made only when inclement weather or major
weather front movements are not present in the measurement area. We
seek comment on this proposal.
9. Data recording. Our rules require the recording of the measured
values of the analog field strength value in units of dBu. In addition,
a number of additional factors must be recorded as part of the analog
field strength measurement procedure. These factors include a listing
of the calibrated equipment used in a field strength survey, the
locations of each measurement performed at the site, factors that may
affect a measurement reading (such as weather, topography or other
obstacles), the time and date of measurements, and the signature of the
person making the measurement. The Commission propose to apply these
same recording requirements for the reporting of measurements of DTV
signal strength. More specifically, we propose to require that a
written record of the digital signal measurement process and results be
made and that this record include at least the following: (1) A list of
calibrated equipment used; (2) detailed description of the calibration
of the measuring equipment, including field strength meters, measuring
antenna, and connecting cable; (3) all factors which may affect the
recorded field, such as topography, height and types of vegetation,
buildings, obstacles, weather, and other local features for each spot
at the measuring site; (4) a description of where each of the cluster
measurements was made; (5) the time and date of the measurements and
the signature of the person making the measurements; and (6) a list of
the measured value of field strength (in units of dBu after adjustment
for line loss and antenna factor) of the five readings made during the
cluster measurement process, with the median value highlighted for each
channel being measured. The Commission seek comment on this proposal.
10. Tester Availability. The Commission request comment on whether
we can fashion rules that will address the lack of qualified,
independent testers to perform signal strength tests. Are there steps
that the Commission can take in this proceeding that will facilitate or
enhance tester competence and availability? We seek comment on this
question.

[[Page 38349]]

Initial Regulatory Flexibility Act Analysis

11. As required by the Regulatory Flexibility Act of 1980, as
amended (``RFA''),\1\ the Commission has prepared this Initial
Regulatory Flexibility Act Analysis (``IRFA'') of the possible
significant economic impact on small entities by the policies and rules
proposed in this Notice of Proposed Rulemaking (``NPRM''). Written
public comments are requested on this IRFA. Comments must be identified
as response to the IRFA and must be filed by the deadlines for comments
on the NPRM, provided in paragraph 20 of the item. The Commission will
send a copy of the NPRM, including this IRFA, to the Chief Counsel for
Advocacy of the Small Business Administration.\2\ In addition, the NPRM
(or summaries thereof), including the IRFA, will be published in the
Federal Register.\3\
---------------------------------------------------------------------------

\1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601--612, has been
amended by the Small Business Regulatory Enforcement Fairness Act of
1966 (SBREFA), Public Law 104-121, 110 Stat. 847 (1996).
\2\ 5 U.S.C. 603(a).
\3\ Id.
---------------------------------------------------------------------------

A. Need for and Objectives of the Proposed Rules. The Commission
seek comment on whether the Commission should amend its rules as
proposed to include measurement procedures for determining the strength
of a digital broadcast television (DTV) signal at any specific
location. These procedures would be used as a means of determining
whether households are eligible to receive distant DTV network signals
retransmitted by satellite communications providers. This Notice of
Proposed Rulemaking begins the process of implementing our
recommendations for DTV measurement procedures presented in the
Commission's Report to Congress (SHVERA Report) pursuant to section
204(b) of the Satellite Home Viewer Extension and Reauthorization Act
of 2004 (SHVERA).\4\
---------------------------------------------------------------------------

\4\ See SHVERA, supra n.1.
---------------------------------------------------------------------------

(1) The current rule includes measurement procedures for
determining the strength of an analog broadcast television signal at
any specific location and is used to determine household eligibility to
receive distant analog TV network signals retransmitted by satellite
communications providers. In December 2004, however, Congress enacted
the Satellite Home Viewer Extension and Reauthorization Act of 2004,\5\
pursuant to which, the Commission conducted an Inquiry \6\ (SHVERA
Inquiry) and on December 9, 2005, released the SHVERA Report to
Congress. In relevant part, the SHVERA Report to Congress stated that
the Commission intended to conduct a rulemaking proceeding to specify
procedures for measuring the field strength of digital television
signals at individual locations.\7\ The report also stated that the
digital television measurement procedures should be similar to the
current procedures for measuring the field strength of analog
television stations in 73.686(d) of the rules, but with certain
modifications to address the differences between analog and digital TV
signals.\8\
---------------------------------------------------------------------------

\5\ See id.
\6\ See In the Matter Of Technical Standards For Determining
Eligibility For Satellite-Delivered Network Signals Pursuant To The
Satellite Home Viewer Extension and Reauthorization Act, ET Docket
No. 05-182, Notice of Inquiry (Inquiry), 20 FCC Rcd. 9349 (2005).
\7\ See SHVERA Report, supra note 4.
\8\ Id.
---------------------------------------------------------------------------

(2) Wherever possible, the proposed digital signal strength
measurement procedures rely on the existing, proven methods the
Commission has established for measuring analog television signal
strength at any individual location.\9\ In the NPRM, the Commission
requests comment on these proposals. We also note that the SHVERA
statute provides that testing of digital signal strength for this
purpose could begin as early as April 30, 2006.\10\ Therefore, the NPRM
states that the Commission will rely on the proposed DTV measurement
procedures for evaluating DTV signal strengths pending the adoption of
rules in this regard.
---------------------------------------------------------------------------

\9\ See generally, 47 CFR 73.686(d).
\10\ 47 U.S.C. 339(a)(2)(D)(vii) provides trigger dates for
testing. Generally, subscribers in the top 100 television markets
will be able to request a digital signal strength test after April
30, 2006 and subscribers in other markets will be able to request a
test after July 15, 2007. Only network stations that have received a
tentative digital channel designation that is the same as such
stations' current digital channel, or that have lost interference
protection, are subject to the April 30, 2006 commencement date for
signal strength testing. Network stations in the top 100 markets
without tentative channel designations on their DTV channels, as
well as all network stations not in the top 100 markets, will be
subject to signal strength testing beginning July 15, 2007, unless
the Commission grants the station a waiver. 47 U.S.C.
339(a)(2)(D)(vii)(AA).
Waiver requests by stations subject to the testing commencement
date of April 30, 2006 were required to be submitted by November 30
2005. To be grantable, waiver requests must provide ``clear and
convincing evidence that the station's digital signal coverage is
limited due to the unremediable presence of one or more of the
following: 1) the need for international coordination or approvals;
2) clear zoning or environmental legal impediments; 3) force
majeure; 4) the station experiences a substantial decrease in its
digital signal coverage area due to the necessity of using a side-
mounted antenna; 5) substantial technical problems that result in a
station experiencing a substantial decrease in its coverage area
solely due to actions to avoid interference with emergency response
providers; or 6) no satellite carrier is providing the
retransmission of the analog signals of local network stations under
section 338 in the local market.'' The Act further provides that
``under no circumstances may such a waiver be based upon financial
exigency.'' Waiver requests by stations subject to the testing
commencement date of July 15, 2007 must be submitted to the
Commission no later than February 15, 2007. See Public Notice DA No.
05-2979 (released Nov. 17, 2005). See generally, 47 U.S.C.
339(a)(2)(D)(vii)-(viii).
---------------------------------------------------------------------------

B. Legal Basis. The legal basis for the rule changes proposed in
the NPRM is contained in sections 1, 4(i) and (j), and 339 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i) and (j),
and 339 (including amendments enacted in the Satellite Home Viewer
Extension and Reauthorization Act of 2004).
C. Description and Estimates of the Number of Small Entities to
Which the Rules Adopted in This Notice May Apply. The RFA directs
agencies to provide a description of and, where feasible, an estimate
of the number of small entities that will be affected by the proposed
rules.\11\ The RFA generally defines the term ``small entity'' as
having the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' \12\ In
addition, the term ``small business'' has the same meaning as the term
``small business concern'' under the Small Business Act.\13\ 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).\14\
---------------------------------------------------------------------------

\11\ 5 U.S.C. 603(b) (3), 604(a) (3).
\12\ Id., 601(6).
\13\ 5 U.S.C. 601(3) (incorporating by reference the definition
of ``small business concern'' in the Small Business Act, 15 U.S.C.
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a
small business applies ``unless an agency, after consultation with
the Office of Advocacy of the Small Business Administration and
after opportunity for public comment, establishes one or more
definitions of such terms which are appropriate to the activities of
the agency and publishes such definitions(s) in the Federal
Register.''
\14\ 15 U.S.C. 632.
---------------------------------------------------------------------------

(1) The proposed rules contained in the NPRM set forth procedures
to measure the strength of digital television signals at any particular
location, as a means of determining whether any particular household is
``unserved'' by a local DTV network station and is therefore eligible
to receive a distant DTV network signal retransmitted by a Direct
Broadcast Satellite (DBS) service provider. Therefore, DBS providers
will be directly and primarily affected by the proposed rules, if
adopted. In addition,

[[Page 38350]]

the proposed rules, if adopted, will also directly affect those local
digital television stations that broadcast network programming.
Therefore, in this IRFA, we consider, and invite comment on, the impact
of the proposed rules on small digital television broadcast stations,
small DBS providers, and other small entities. A description of such
small entities, as well as an estimate of the number of such small
entities, is provided below.
(2) Direct Broadcast Satellite (``DBS'') Service. DBS service is a
nationally distributed subscription service that delivers video and
audio programming via satellite to a small parabolic ``dish'' antenna
at the subscriber's location. Because DBS provides subscription
services, DBS falls within the SBA-recognized definition of Cable and
Other Program Distribution.\15\ This definition provides that a small
entity is one with $13.5 million or less in annual receipts.\16\
Currently, only three operators hold licenses to provide DBS service,
which requires a great investment of capital for operation. All three
currently offer subscription services. Two of these three DBS
operators, DirecTV \17\ and EchoStar Communications Corporation
(``EchoStar''),\18\ report annual revenues that are in excess of the
threshold for a small business. The third DBS operator, Dominion Video
Satellite, Inc. (``Dominion''), offers religious (Christian)
programming and does not report its annual receipts.\19\ The Commission
does not know of any source which provides this information and, thus,
we have no way of confirming whether Dominion qualifies as a small
business. Because DBS service requires significant capital, we believe
it is unlikely that a small entity as defined by the SBA would have the
financial wherewithal to become a DBS licensee. Nevertheless, given the
absence of specific data on this point, we acknowledge the possibility
that there are entrants in this field that may not yet have generated
$13.5 million in annual receipts, and therefore may be categorized as a
small business, if independently owned and operated.
---------------------------------------------------------------------------

\15\ 13 CFR 121.201, NAICS code 517510.
\16\ Id.
\17\ DirecTV is the largest DBS operator and the second largest
MVPD, serving an estimated 13.04 million subscribers nationwide; See
Annual Assessment of the Status of Competition in the Market for the
Delivery of Video Programming, Twelfth Annual Report, FCC 05-255, ]
73 (rel. March 3, 2006) (``2006 Cable Competition Report'').
\18\ EchoStar, which provides service under the brand name Dish
Network, is the third largest MVPD, serving an estimated 11.45
million subscribers nationwide. Id.
\19\ Dominion, which provides service under the brand name Sky
Angel, serves fewer than one million subscribers. Id.
---------------------------------------------------------------------------

(3) Television Broadcast Stations. The proposed rules and policies
apply to digital television broadcast licensees, and potential
licensees of digital television service. The SBA defines a television
broadcast station as a small business if such station has no more than
$13 million in annual receipts.\20\ Business concerns included in this
industry are those ``primarily engaged in broadcasting images together
with sound.'' \21\ According to Commission staff review of the BIA
Publications, Inc. Master Access Television Analyzer Database (BIA) on
October 18, 2005, about 873 of the 1,307 commercial television stations
\22\ (or approximately 67 percent) have revenues of $13 million or less
and thus qualify as small entities under the SBA definition. We note,
however, that, in assessing whether a business concern qualifies as
small under the above definition, the controlling affiliation(s) \23\
must be considered. Our estimate, therefore, likely overstates the
number of small entities that might be affected by our action, because
the revenue figure on which it is based does not include or aggregate
revenues from affiliated companies.
---------------------------------------------------------------------------

\20\ See 13 CFR 121.201, NAICS Code 515120.
\21\ Id. This category description continues, ``These
establishments operate television broadcasting studios and
facilities for the programming and transmission of programs to the
public. These establishments also produce or transmit visual
programming to affiliated broadcast television stations, which in
turn broadcast the programs to the public on a predetermined
schedule. Programming may originate in their own studios, from an
affiliated network, or from external sources.'' Separate census
categories pertain to businesses primarily engaged in producing
programming. See Motion Picture and Video Production, NAICS code
512110; Motion Picture and Video Distribution, NAICS Code 512120;
Teleproduction and Other Post-Production Services, NAICS Code
512191; and Other Motion Picture and Video Industries, NAICS Code
512199.
\22\ Although we are using BIA's estimate for purposes of this
revenue comparison, the Commission has estimated the number of
licensed commercial television stations to be 1,368. See News
Release, ``Broadcast Station Totals as of June 30, 2005'' (dated
Aug. 29, 2005); see http://www.fcc.gov/mb/audio/totals/bt050630.html
.

\23\ ``[Business concerns] are affiliates of each other when one
[concern] controls or has the power to control the other or a third
party or parties controls or has the power to control both.'' 13 CFR
121.103(a)(1).
---------------------------------------------------------------------------

(4) In addition, an element of the definition of ``small business''
is that the entity not be dominant in its field of operation. We are
unable at this time to define or quantify the criteria that would
establish whether a specific television station is dominant in its
field of operation. Accordingly, the estimate of the number of small
businesses to which the proposed rules may apply do not exclude any
television station from the definition of a small business on this
basis and are therefore over-inclusive to that extent. Also as noted,
an additional element of the definition of ``small business'' is that
the entity must be independently owned and operated. We note that it is
difficult at times to assess these criteria in the context of media
entities and our estimates of small businesses to which they apply may
also be over-inclusive to this extent. Finally, because only those
digital television stations that are affiliated with a network would be
subject to the proposed rules, our estimate of potentially affected
small businesses is over-inclusive for this reason as well.
(5) Class A TV, LPTV, and TV translator stations. The proposed
rules and policies could also apply to licensees of Class A TV
stations, low power television (LPTV) stations, and TV translator
stations, as well as to potential licensees in these television
services. The same SBA definition that applies to television broadcast
licensees would apply to these stations. The SBA defines a television
broadcast station as a small business if such station has no more than
$13 million in annual receipts.\24\
---------------------------------------------------------------------------

\24\ See 13 CFR 121.201, NAICS Code 515120.
---------------------------------------------------------------------------

(6) Currently, there are approximately 592 licensed Class A
stations, 2,145 licensed LPTV stations, 4,491 licensed TV translators
and 11 TV booster stations.\25\ Given the nature of these services, we
will presume that all of these licensees qualify as small entities
under the SBA definition. We note, however, that under the SBA's
definition, revenue of affiliates that are not LPTV stations should be
aggregated with the LPTV station revenues in determining whether a
concern is small. Our estimate may thus overstate the number of small
entities since the revenue figure on which it is based does not include
or aggregate revenues from non-LPTV affiliated companies. We do not
have data on revenues of TV translator or TV booster stations, but
virtually all of these entities are also likely to have revenues of
less than $13 million and thus may be categorized as small, except to
the extent that revenues of affiliated non-translator or booster
entities should be considered. Finally, our estimate overstates the
number of affected entities because these stations could be affected
only if they both

[[Page 38351]]

broadcast a digital signal and are affiliated with a network.
---------------------------------------------------------------------------

\25\ News Release, ``Broadcast Station Totals as of December 31,
2005'' (dated Feb. 23, 2006); see http://www.fcc.gov/mb/audio/totals/bt051231.html_____________________________________-

D. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements. The rules proposed in this NPRM would
establish procedures for measuring digital television signal strength
at any specific location. These measurement procedures would be used as
a means of determining whether households are eligible to receive
distant DTV network signals retransmitted by DBS providers. These
procedures are similar to the ones used for measuring analog television
signal strength for like purposes, with only those revisions necessary
to account for the difference between digital and analog signals.
Section 339(a)(2)(D)(vi) of the Communications Act (47 U.S.C.
339(a)(2)(D)(vi)) delineates when measurements are necessary and when
the satellite communications provider, the digital television broadcast
station, or the consumer is responsible for bearing their cost. No
reporting requirement is proposed. In this IFRA, we seek comment on the
types of burdens direct broadcast satellite service providers and
digital television broadcast stations will face in complying with the
proposed requirements. Entities, especially small businesses and, more
generally, small entities are encouraged to quantify the costs and
benefits of the proposed reporting requirements.
E. Steps Taken to Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered. Since the adoption
of analog television signal strength procedures in 1999, the number of
analog TV signal strength measurements taken in order to determine
household eligibility to receive distant analog TV network signals have
been infrequent. For example, DIRECTV, in comments filed in ET Docket
No. 05-182, Notice of Inquiry on Technical Standards for Determining
Eligibility for Satellite-Delivered Network Signals Pursuant to the
Satellite Home Viewer Extension and Reauthorization Act, 20 FCC Rcd
9349 (2005), stated that in the last five years only 1400 DIRECTV
subscribers received onsite tests to determine eligibility to receive
distant network television signals. In that proceeding, both DIRECTV
and EchoStar indicated that they generally declined to perform or
arrange for a test and instead refused to offer distant signals when
subscribers were predicted to be ``served'' and the relevant network
stations refused to grant a waiver. DIRECTV cited high costs both
monetary and in time involved as reasons that tests have not been
performed.
(1) As TV stations transition from analog transmissions to DTV, we
anticipate that the combined number of analog and digital measurements
will not increase substantially. This is so because, as part of the DTV
transition, television stations will be ceasing the transmission of
analog signals and households seeking to receive retransmitted DTV
network signals will not be seeking to receive analog signals. In other
words, digital measurements will replace analog measurements. Also, as
direct broadcast stations increasingly offer local-to-local service to
households pursuant to SHVERA, those households will not be eligible to
receive retransmitted distant signals and therefore DTV signal strength
measurements for this purpose will not be necessary.
(2) In addition, the NPRM requests comment on what measures the
Commission can take, consistent with the SHVERA statute, that would
reduce the cost to subscribers of digital signal testing without
reducing the accuracy and reliability of the tests. We also note that
SHVERA provides that testing of digital signal strength for this
purpose could begin as early as April 30, 2006. We will rely on the
proposed DTV measurement procedures as interim rules for evaluating DTV
signal strengths pending our adoption of final rules.
(3) Finally, the NPRM proposes, as is now the case with analog
signal strength measurements, to allow measurements to be taken using
either a standard half-wave dipole antenna or a gain antenna with a
known antenna factor for the channel(s) that are to be tested. For
digital measurements, this approach would allow the tester flexibility
in performing the test while still providing for accurate results. The
NPRM requests comment on this proposal and, alternatively, on whether
we should require the use of a gain antenna only. Commenters are also
asked to provide information regarding differences in ease of use of
gain antennas as compared to the use of half-wave dipole antennas.
Finally, to assure that we explore this issue in depth and develop a
complete record on this issue, the NPRM seeks comment on what rules we
should propose, if any, that would address the apparent lack of
qualified, independent testers to perform signal strength tests.
Commenters are asked to submit information related to the cost of
testing and the number of qualified testers available. The NPRM states
that we seek to determine if there are alternative methods that would
reduce the cost of performing a test while retaining or improving on
the accuracy of the proposed method.
F. Federal Rules that Might Duplicate, Overlap, or Conflict with
the Proposed Rules. None.

List of Subjects in 47 CFR Part 73

Communications equipment, Television.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR part 73, 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, 334 and 336.

2. Section 73.686 is amended by revising the heading to paragraph
(d) and revising paragraph (d)(1)(i) and by adding a new paragraph (e)
to read as follows:

Sec. 73.686 Field strength measurements.

* * * * *
(d) NTSC--Collection of field strength data to determine NTSC
television signal intensity at an individual location--cluster
measurements--(1)* * *(i) Testing antenna. The test antenna shall be
either a standard half-wave dipole tuned to the visual carrier
frequency of the channel being measured or a gain antenna, provided its
antenna factor for the channel(s) under test has been determined. Use
the antenna factor supplied by the antenna manufacturer as determined
on an antenna range.
* * * * *
(e) DTV--Collection of field strength data to determine DTV
television signal intensity at an individual location--cluster
measurements--(1) Preparation for measurements-- (i) Testing antenna.
The test antenna shall be either a standard half-wave dipole tuned to
the center frequency of the channel being tested or a gain antenna
provided its antenna factor for the channel(s) under test has been
determined. Use the antenna factor supplied by the antenna manufacturer
as determined on an antenna range.
(ii) Testing locations--At the test site, choose a minimum of five
locations as close as possible to the specific site where the site's
receiving antenna is located. If there is no receiving antenna at the
site, choose a minimum of five

[[Page 38352]]

locations as close as possible to a reasonable and likely spot for the
antenna. The locations shall be at least three meters apart, enough so
that the testing is practical. If possible, the first testing point
should be chosen as the center point of a square whose corners are the
four other locations. Calculate the median of the five measurements (in
units of dBu) and report it as the measurement.
(iii) Multiple signals--If more than one signal is being measured
(i.e., signals from different transmitters), use the same locations to
measure each signal.
(2) Measurement procedure. Measurements shall be made in accordance
with good engineering practice and in accordance with this section of
the rules. At each measuring location, the following procedure shall be
employed:
(i) Testing equipment. Perform an on-site calibration of the test
instrument in accordance with the manufacturer's specifications. Tune a
calibrated instrument to the center of the channel being tested.
Measure the integrated average power over the full 6 megahertz
bandwidth of the television signal. The intermediate frequency
(``i.f.'') of the instrument must be less than or equal to 6 megahertz
and the instrument must be capable of integrating over the selected
i.f. Take all measurements with a horizontally polarized antenna. Use a
shielded transmission line between the testing antenna and the field
strength meter. Match the antenna impedance to the transmission line at
all frequencies measured, and, if using an un-balanced line, employ a
suitable balun. Take account of the transmission line loss for each
frequency being measured.
(ii) Weather. Do not take measurements in inclement weather or when
major weather fronts are moving through the measurement area.
(iii) Antenna elevation. When field strength is being measured for
a one-story building, elevate the testing antenna to 6.1 meters (20
feet) above the ground. In situations where the field strength is being
measured for a building taller than one-story, elevate the testing
antenna 9.1 meters (30 feet) above the ground.
(iv) Antenna orientation. Orient the testing antenna in the
direction which maximizes the value of field strength for the signal
being measured. If more than one station's signal is being measured,
orient the testing antenna separately for each station.
(3) Written record shall be made and shall include at least the
following:
(i) A list of calibrated equipment used in the field strength
survey, which for each instrument, specifies the manufacturer, type,
serial number and rated accuracy, and the date of the most recent
calibration by the manufacturer or by a laboratory. Include complete
details of any instrument not of standard manufacture.
(ii) A detailed description of the calibration of the measuring
equipment, including field strength meters, measuring antenna, and
connecting cable.
(iii) For each spot at the measuring site, all factors which may
affect the recorded field, such as topography, height and types of
vegetation, buildings, obstacles, weather, and other local features.
(iv) A description of where the cluster measurements were made.
(v) Time and date of the measurements and signature of the person
making the measurements.
(vi) For each channel being measured, a list of the measured value
of field strength (in units of dBu after adjustment for line loss and
antenna factor) of the five readings made during the cluster
measurement process, with the median value highlighted.

[FR Doc. E6-10483 Filed 7-5-06; 8:45 am]

BILLING CODE 6712-06-P