[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Rules and Regulations]
[Page 5633-5704]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja08-15]
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Part II
Federal Communications Commission
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47 CFR Parts 15, 73 and 76
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Third Periodic Review of the Commission's Rules and Policies Affecting
the Conversion to Digital Television; Final Rule
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 15, 73 and 76
[MB Docket No. 07-91; FCC 07-228]
Third Periodic Review of the Commission's Rules and Policies
Affecting the Conversion to Digital Television
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: This document issues the final rules in the third periodic
review of the transition of the nation's broadcast television system
from analog to digital television. It provides a progress report on the
DTV transition and issues the procedures and rule changes necessary to
ensure that broadcasters timely complete their transitions. Congress
has mandated that after February 17, 2009, full-power television
broadcast stations must transmit only digital signals, and may no
longer transmit analog signals. The rules in this document establish
deadlines for broadcasters to complete construction of their final,
post-transition (digital) facilities.
DATES: Effective January 30, 2008, except for Sections 73.682(d),
73.8000(b)(2) and (4), and 73.9000(k), which are effective May 29, 2008
and, except for the following sections which contain information
collection requirements that have not been approved by OMB: Sections
73.624(g) and 73.1201(b). The Commission will publish a document in the
Federal Register announcing the effective date for these sections. The
incorporation by reference of certain publications listed in Sections
73.616(e)(1) and 73.8000(d) is approved by the Director of the Federal
Register, as of January 30, 2008. The incorporation by reference of
certain publications listed in Sections 73.682(d), 73.8000(b)(2) and
(4), and 73.9000(k), is approved by the Director of the Federal
Register, as of May 29, 2008.
ADDRESSES: Federal Communications Commission, 445 12th Street, SW.,
Washington, DC 20554. In addition to filing comments with the Office of
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, 445
12th Street, SW., Washington, DC 20554, or via the Internet to
PRA@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, please contact Evan Baranoff, Evan.Baranoff@fcc.gov, Eloise
Gore, Eloise.Gore@fcc.gov, Kim Matthews, Kim.Matthews@fcc.gov, or
Maureen McCarthy, Maureen.McCarthy@fcc.gov of the Media Bureau, Policy
Division, (202) 418-2120; John Gabrysch, John.Gabrysch@fcc.gov, or
Gordon Godfrey, Gordon.Godfrey@fcc.gov, of the Engineering Division,
Media Bureau at (202) 418-7000; or Shaun Maher, Shaun.Maher@fcc.gov, or
Nazifa Sawez, Nazifa.Sawez@fcc.gov, of the Media Bureau, Video
Division, (202) 418-1600.
For additional information concerning the Paperwork Reduction Act
information collection requirements contained in this document, contact
Cathy Williams on (202) 418-2918, or via the Internet at PRA@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, FCC 07-228, adopted on December 22, 2007, and released on
December 31, 2007. The full text of this document is available for
public inspection and copying during regular business hours in the FCC
Reference Center, Federal Communications Commission, 445 12th Street,
SW., CY-A257, Washington, DC 20554. These documents will also be
available via ECFS (http://www.fcc.gov/cgb/ecfs/). (Documents will be
available electronically in ASCII, Word 97, and/or Adobe Acrobat.) The
complete text may be purchased from the Commission's copy contractor,
445 12th Street, SW., Room CY-B402, Washington, DC 20554. To request
this document in accessible formats (computer diskettes, large print,
audio recording, and Braille), send an e-mail to fcc504@fcc.gov or call
the Commission's Consumer and Governmental Affairs Bureau at (202) 418-
0530 (voice), (202) 418-0432 (TTY).
Final Paperwork Reduction Act (``PRA'') Analysis
This Report and Order has been analyzed with respect to the
Paperwork Reduction Act of 1995 (``PRA''), and contains new and
modified information collection requirements for full-power television
broadcast stations, including the following: (1) Stations must file
forms no later than February 18, 2008 detailing their transition plans
and status (using FCC Form 387) and must update this form as events
warrant and by October 20, 2008 if they have not completed
construction; (2) Stations without a construction permit for their
final, post-transition (DTV) facility must file an application to
construct or modify that facility (using FCC Forms 301 and 340),
stations without a license for their final, post-transition (DTV)
facility must file an application for a license to cover that facility
(using FCC Form 302 DTV), and stations may request authority to
transition early to their post-transition channel (also using FCC Forms
301 and 340); (3) Stations with a construction deadline on or before
February 17, 2009 may file a request for an extension of time to
construct their final, post-transition (DTV) facility (using FCC Form
337); (4) Stations with a construction deadline occurring February 18,
2009 or later may file a notification of an event that would toll their
deadline to construct their final, post-transition (DTV) facility
(using FCC Informal Application Form); (5) Stations may file a request
for STA approval to temporarily remain on their in-core pre-transition
DTV channel after the transition date (using FCC Informal Application
Form); (6) Stations may file a request for STA approval to build less
than full, authorized post-transition facility by the transition date
(using FCC Informal Application Form); (7) Stations may file a
notification pursuant to section 73.1615 to temporarily reduce or cease
existing analog or pre-transition DTV service where necessary to
facilitate construction of final, post-transition facilities (using FCC
Informal Application Form); (8) Stations may file a request for STA
approval to permanently reduce or terminate analog or pre-transition
DTV service where necessary to facilitate construction of final, post-
transition facilities (using FCC Informal Application Form); (9)
Stations may file a notification to permanently reduce or terminate
analog or pre-transition DTV service within 90 days of the transition
date (using FCC Informal Application Form); (10) Stations must comply
with the PSIP requirement to populate the Event Information Tables
(``EITs'') with accurate information about each event and to update the
EIT if more accurate information becomes available; (11) Stations must
comply with the station identification rules that require a DTV station
which chooses to identify a licensee that it is transmitting on one of
its multicast streams to follow a specific format for making such a
station identification announcement; (12) Stations must comply with a
viewer notification requirement (i.e., stations must notify viewers
about their planned service reduction or termination) if: (a) They will
permanently reduce or terminate analog or pre-transition digital
[[Page 5635]]
service before the transition date, or (b) they will not serve at least
the same population that receives their current analog TV and DTV
service on February 18, 2009; (13) Stations claiming a ``unique
technical challenge'' warranting a February 17, 2009 construction
deadline must file a notification to document their status (using FCC
Informal Application Form), if they do not file, or do not include such
information in, an application for post-transition facilities (Forms
301 or 340); and (14) DTV stations that are permittees must comply with
the requirements for feeable ancillary or supplementary services in 47
CFR 73.624(g) (using FCC Form 317).
The Commission, as part of its continuing effort to reduce
paperwork burdens, invited the Office of Management and Budget
(``OMB'') and the general public to comment on the information
collection requirements contained in the Third DTV Periodic Review
NPRM. On June 22, 2007, the Commission submitted the proposed
information collection requirements to OMB for review under section
3507(d) of the PRA. On July 9, 2007, the Commission published a Federal
Register notice addressing the burdens contained in the proposed
information collection requirements and seeking comments from the
public. On August 15, 2007, OMB issued a Notice of Action and filed
comments to each of these proposed information collection requirements.
No other comments were filed with respect to these proposed
collections. We note that some of the collections remain unchanged from
when they were previously published in the Federal Register and
submitted to OMB, while others that were submitted have been slightly
revised, with such changes being largely procedural in nature (e.g.,
filing date change, method of filing, etc.). In addition to the
collections proposed in the Third DTV Periodic Review NPRM, this Report
and Order also contains additional new or modified information
collection requirements. Finally, we also note that, pursuant to the
Small Business Paperwork Relief Act of 2002 (``SBPRA''), the Commission
sought specific comment in the Third DTV Periodic Review NPRM on how it
might ``further reduce the information collection burden for small
business concerns with fewer than 25 employees.'' We received no
comment on this issue.
The information collection requirements adopted in this Report and
Order will be submitted to OMB for final review under section 3507(d)
of the PRA, and OMB and the public will be afforded an opportunity to
file comments on these final information collections. The Commission
will seek emergency approval from OMB for Items 1-3 (noted above in
paragraph 193) based, in part, on the prior submission for OMB approval
of these information collection requirements. The Commission will
publish a Federal Register notice addressing the burdens contained in
each final information collection adopted in this proceeding. The
Commission will also publish a separate notice seeking comments from
the public and OMB on the final information collection requirements.
Summary of the Report and Order
I. Introduction
1. Congress has mandated that after February 17, 2009, full-power
television broadcast stations must transmit only digital signals and
may no longer transmit analog signals. (See Digital Television and
Public Safety Act of 2005 (``DTV Act''), which is Title III of the
Deficit Reduction Act of 2005, Pub. L. No. 109-171, 120 Stat. 4 (2006)
(``DRA'') (codified at 47 U.S.C. 309(j)(14) and 337(e)). DTV Act
Section 3002(a) amends Section 309(j)(14) of the Communications Act to
establish February 17, 2009 as a new hard deadline for the end of
analog transmissions by full-power stations. 47 U.S.C. 309(j)(14)(A).
DTV Act Section 3002(b) directs the Commission to ``take such actions
as are necessary (1) to terminate all licenses for full-power
television stations in the analog television service, and to require
the cessation of broadcasting by full-power stations in the analog
television service, by February 18, 2009; and (2) to require by
February 18, 2009, * * * all broadcasting by full-power stations in the
digital television service, occur only on channels between channels 2
and 36, inclusive, or 38 and 51, inclusive (between frequencies 54 and
698 megahertz, inclusive).'' 47 U.S.C.A 309 Note. DTV Act Section
3005(a) also created a coupon program to subsidize the purchase of
digital-to-analog (``D-to-A'') converter boxes.) With this Report and
Order in our third periodic review, we resolve issues necessary to
complete the conversion of the nation's broadcast television system
from analog to digital television (``DTV''). We conduct these periodic
reviews in order to assess the progress of the transition and make any
necessary adjustments to the Commission's rules and policies to
facilitate the introduction of DTV service and the recovery of spectrum
at the end of the transition. (The Commission has conducted two prior
periodic reviews: the first in MM Docket No. 00-39 and the second in MB
Docket No. 03-15.) In the Notice of Proposed Rulemaking in this third
periodic review (Third DTV Periodic Review NPRM, 72 FR 37310, July 9,
2007), we sought comment on several issues necessary to ensure that
broadcasters meet the statutory transition deadline and complete
construction of their final, post-transition (digital) facilities. We
received 125 comments, 22 reply comments, and numerous ex parte filings
in response to the Third DTV Periodic Review NPRM.
2. With the DTV transition deadline less than 14 months away, our
focus is now on overseeing broadcasters' construction of facilities
that will reach viewers in their authorized service areas by the time
they must cease broadcasting in analog. Specifically, this Report and
Order adopts rules to ensure that broadcasters meet their statutory
responsibilities and can begin operations on their final, post-
transition (digital) channels upon expiration of the February 17, 2009
transition deadline. We want to ensure that no consumers are left
behind in the DTV transition. We recognize that the transition is a
complex undertaking presenting many challenges to the broadcast
industry and that some disruption of television service may be
unavoidable leading up to the analog turn-off. Therefore, we adopt
rules to offer broadcasters regulatory flexibility, while at the same
time requiring broadcasters to maintain the best possible television
service to the public and meet viewers' over-the-air reception
expectations after the transition date. (We note that the statutory
transition deadline applies only to full-power stations. The transition
timing for low power, translator and Class A stations will be addressed
in a separate proceeding.)
II. Executive Summary
3. In this Report and Order in our third periodic review, we (1)
provide a progress report on the transition; (2) describe the status
and readiness of stations to complete their transition; (3) adopt
procedures and rule changes necessary to ensure that broadcasters meet
the statutory transition deadline and complete construction of their
final, post-transition facilities while maintaining the best possible
television service to their viewers; and (4) address other issues
related to the transition. Stations face many challenges in order to be
ready to make their transition by the February 17, 2009 statutory
transition deadline. Stations must focus their full attention on
constructing their final digital facilities before they must
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cease analog operations. In this Report and Order, we take the
following actions to facilitate the completion of the transition for
full-power television stations:
We establish February 17, 2009 as the construction
deadline for stations building digital facilities based on a new
channel allotment in the post-transition DTV Table of Allotments (``DTV
Table'') and accompanying Appendix B (``DTV Table Appendix B''), i.e.,
stations that will be returning to their analog channel or moving to a
new digital channel for post-transition operations. These stations will
not be required to construct a digital facility on their pre-transition
DTV channel and will be permitted to forego further construction to the
extent such a facility has been partially built. (The details of each
station's channel assignment, including technical facilities and
predicted service and interference information, are set forth in the
DTV Table Appendix B. 47 CFR 73.622(i) codifies the post-transition DTV
Table). The Commission proposed channel assignments and reference
facilities for stations' post-transition operations in a 2006 Notice of
Proposed Rule Making in MB Docket No. 87-268.
We establish May 18, 2008 as the construction deadline for
stations that will use their pre-transition DTV channel for post-
transition operations and already have a construction permit that
matches their post-transition (DTV Table Appendix B) facilities.
We establish August 18, 2008 as the construction deadline
for stations that will use their pre-transition DTV channel for post-
transition operations, but which do not have a construction permit that
matches their post-transition (DTV Table Appendix B) facilities.
We establish February 17, 2009 as the construction
deadline for stations demonstrating that a unique technical challenge,
such as the need to reposition a side-mounted antenna, prevents them
from completing construction of their final DTV facilities.
We establish stricter standards for granting extensions of
time to construct digital facilities for all construction deadlines on
or before February 17, 2009. In addition, for construction deadlines
occurring February 18, 2009 or later, we will consider such requests
under the tolling standard set forth in section 73.3598(b) of the
rules. We adopt our revised FCC Form 337, as proposed.
We adopt FCC Form 387 and require all full-power
television stations to file it by February 18, 2008, detailing their
current transition status, additional steps necessary for digital-only
operation upon expiration of the February 17, 2009 transition deadline,
and a timeline for making those steps. Stations must update the form as
events warrant and by October 20, 2008 if they have not completed
construction.
We will permit stations that are moving to a different DTV
channel for post-transition operations to temporarily remain on their
pre-transition DTV channel while they complete construction of their
final digital facilities, provided: (1) They build facilities that
serve at least the same population that receives their current analog
TV and DTV service so that over-the-air viewers will not lose TV
service; and (2) they do not cause impermissible interference to other
stations or prevent other stations from making their transition.
We will permit stations to operate their post-transition
facilities, pursuant to special temporary authority (``STA''), at less
than their full, authorized facilities, provided: (1) They demonstrate
a unique technical challenge (as defined in section V.B.5., infra) and
they can serve at least 85 percent of the same population that receives
their current analog TV and DTV service; or (2) a significant technical
impediment to the construction of their full, authorized facilities
that would not otherwise qualify for an extension of time to construct
facilities under the new, stricter standard adopted herein and they
serve at least 100 percent of the same population that receives their
current analog TV and DTV service so that over-the-air viewers will not
lose TV service. In addition, stations must demonstrate that they do
not cause impermissible interference to other stations or prevent other
stations from making their transition. Finally, stations that cannot
serve at least 100 percent of the same population that receives their
current analog TV and DTV service must comply with a viewer
notification requirement.
We clarify that, under existing rules, a station may
temporarily reduce or cease service on their pre-transition analog or
digital channel for a period of 30 days or less, upon notification to
the Commission and without prior approval, when necessary to complete
construction of the post-transition digital facility.
We will provide stations with the flexibility to
permanently reduce or terminate their analog or pre-transition digital
service before the transition date, provided the station satisfies the
following two requirements: (1) The station demonstrates that its
service reduction or termination is directly related to the
construction and operation of its, or another station's, post-
transition facilities; and (2) the station notifies viewers on its pre-
transition channel(s) about the planned service reduction or
termination and informs them about how they can continue to receive the
station.
To provide additional flexibility within 90 days of the
February 17, 2009 transition date (i.e., beginning on or after November
19, 2008), we will allow stations to permanently reduce or terminate
their analog or pre-transition digital service without prior approval
upon notification to the Commission 30 days prior to the planned
permanent service reduction or termination. The station must still
comply with a viewer notification requirement.
We will permit stations that are moving to a different DTV
channel for post-transition operations to cease operations on their
pre-transition digital channels and begin operating on their new
channels before the transition date, provided: (1) The early
transitioning stations will not cause impermissible interference to
another station; and (2) the early transitioning stations continue to
serve their existing viewers for the remainder of the transition and
commence their full, authorized post-transition operations upon
expiration of the February 17, 2009 transition deadline.
We will offer expedited processing of stations'
applications to build their post-transition facilities, provided that
their application: (1) Does not seek to expand the station's facilities
beyond its final DTV Table Appendix B facilities; (2) specifies
facilities that are no more than five percent smaller than those
specified in the post-transition DTV Table Appendix B (with respect to
predicted population); and (3) is filed within 45 days of the effective
date of this Report and Order. We adopt our revised FCC Forms 301 and
340, as proposed.
We announce our intent to lift the freeze on the filing of
maximization applications on August 17, 2008, the date by which we
expect to have completed processing stations' applications to build
their post-transition facilities. Until this date, we will maintain our
freeze and will not accept maximization applications to expand
facilities.
We adopt a waiver policy that will permit rapid approval
of minor (i.e., not exceeding 5 miles) expansion applications filed by
stations that will not use their pre-transition DTV channel for post-
transition operation. This policy will allow added flexibility for
stations that wish to use their existing analog channel antenna, which
provides
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benefits for the successful completion of the transition by reducing
the demands on equipment suppliers and installation crews during a
critical time as the transition date nears.
We adopt a 0.5 percent new interference standard (i.e.,
only considering interference in addition to that contained in the
post-transition DTV Table Appendix B) to apply to applications for
post-transition facilities and also to future maximization applications
and applications to implement new allotments.
We update the Commission's rules to reflect the latest
revisions to the ATSC standards concerning DTV transmission and PSIP.
We revise section 73.624(g) to require DTV stations that
are permittees operating pursuant to an STA or any other FCC instrument
authorizing DTV transmissions to file FCC Form 317 and pay fees on any
revenue derived from feeable ancillary or supplementary services in the
same way required of DTV licensees.
We clarify our station identification requirements for
digital stations in situations where one of a station's multicast
streams is being used to air programming provided by another broadcast
station, such as a low power station, or another programming source.
We discuss MVPDs' obligations with respect to carriage of
digital stations after the transition.
III. Background
4. Congress specifically requires the Commission to periodically
evaluate the progress of the nation's transition to DTV. The Commission
initiated this third DTV periodic review in April 2007. The previous
two DTV periodic reviews began in March 2000 and January 2003,
respectively. In addition to these periodic reviews, the Commission
conducts the ongoing DTV proceeding, in which we recently established
the DTV Table of Allotments for stations' post-transition operations
(``post-transition DTV Table''). (See 47 CFR 73.622(i), which codifies
the post-transition DTV Table. The Commission proposed the post-
transition DTV Table in the October 2006 of Proposed Rulemaking
(Seventh FNPRM). The Commission established the initial DTV Table of
Allotments in 1997. The details of each station's channel assignment
under the initial DTV Table, including technical facilities and
predicted service and interference information, were set forth in the
initial Appendix B of the Sixth Report and Order (``initial Appendix
B''). See Sixth Report and Order. The initial Appendix B was amended in
1998. Simultaneous with the adoption of the Sixth Report and Order, the
Commission announced DTV channel assignments for eligible licensees in
the Fifth Report and Order in the same docket.).
A. DTV Transition
5. In early 2006, Congress enacted significant statutory changes to
the DTV transition in the DTV Act. Most importantly, it set February
17, 2009, as the date certain for the end of the DTV transition, at
which time all full-power television broadcast stations must cease
their analog transmissions. (See 47 U.S.C. 309(j)(14) (``A full-power
television broadcast license that authorizes analog television service
may not be renewed to authorize such service for a period that extends
beyond February 17, 2009.''). See also 47 U.S.C. 337(e).) The DTV Act
does not provide for waivers or extensions of this deadline for
cessation of analog broadcasts. (Previously, 47 U.S.C. 309(j)(14)
provided an exception to the earlier December 31, 2006 transition
deadline under several market-by-market criteria. 47 U.S.C.
309(j)(14)(B) (2005). Congress eliminated the statutory provisions
authorizing market-specific extensions of the DTV transition, including
the 85 percent benchmark for DTV reception. This new hard deadline
obviates the need for any further discussion of how to interpret and
implement the former Section 309(j)(14)(B) of the Act, an issue
previously deferred by the Second DTV Periodic Report and Order, 69 FR
59500, October 4, 2004.) The DTV Act also requires broadcast licensees
to cease operations outside the core spectrum after February 17, 2009
in order to make that spectrum available for public safety and
commercial wireless uses. All full-power TV broadcast stations must be
operating inside the core TV spectrum and only in digital at the end of
the transition on February 17, 2009.
6. In April 2007, the Commission initiated this third periodic
review of the nation's conversion from analog to DTV broadcasting. The
Commission sought comment on a range of proposals intended to ensure
that broadcasters meet their statutory responsibilities and can begin
operations on their final, post-transition (digital) channels upon
expiration of the February 17, 2009 transition deadline. The Commission
made a number of proposals regarding the procedures and standards
applicants must follow in filing applications for facilities specified
in the final, post-transition DTV Table of Allotments (``DTV Table'').
7. Development of DTV Table. In the 2004 Second DTV Periodic Report
and Order, the Commission established a three-round channel-election
process through which eligible broadcast licensees and permittees
(collectively, ``licensees'') selected their post-transition channels
inside the core TV spectrum (i.e., channels 2-51). (The Commission
received 11 petitions for reconsideration of the Second DTV Periodic
Report and Order, raising a number of issues, most of which have been
rendered moot by the completion of the channel election process.) At
the start of this process, licensees proposed their post-transition
facilities. (In November 2004, licensees filed certifications via FCC
Form 381 in order to define their proposed post-transition facilities.
In these certifications, licensees chose whether to (1) replicate their
allotted facilities, (2) maximize to their currently authorized
facilities, or (3) reduce to a currently authorized smaller facility).
Stations that did not submit certification forms by the deadline were
evaluated based on replication facilities. After each channel election
round, the Commission announced proposed post-transition channels--
called tentative channel designations (``TCDs''). In order to
facilitate the development of a final, post-transition DTV Table, the
Media Bureau announced a freeze on the filing of certain requests for
allotment or service area changes. (The freeze, which was imposed on
August 3, 2004--prior to the commencement of the channel election
process, precludes parties from filing the following items: (i)
Petitions for rulemaking to change DTV channels within the current DTV
Table, (ii) petitions for rulemaking to establish a new DTV channel
allotment, (iii) petitions for rulemaking to swap in-core DTV and NTSC
channels; (iv) applications to change DTV channel allotments among two
or more licensees; (v) petitions for rulemaking by licensees/permittees
to change NTSC channels or communities of license; (vi) applications to
maximize DTV or analog TV facilities; and (vii) certain Class A
television station applications. The freeze does not prevent the
processing of pending applications.) The Commission has maintained the
filing freeze to ensure that each station has an opportunity to apply
for and construct its authorized facility. (In the Seventh Report and
Order, 72 FR 54720, September 26, 2007, we denied seven requests of
stations seeking a waiver of the filing freeze, except for one station
which demonstrated unique circumstances.)
8. The channel election process culminated in the adoption of the
post-
[[Page 5638]]
transition DTV Table in the August 2007 Seventh Report and Order.
(Approximately 123 stations have filed petitions for reconsideration of
the Seventh Report and Order, which remain pending. Most of the
Petitions request changes to facilities previously certified. These
requests will be addressed in a separate Order of Reconsideration after
the conclusion of the period for oppositions and responses. In the
Eighth Further Notice of Proposed Rulemaking (Eighth FNPRM) 72 FR
54720, September 26, 2007, which accompanied the Seventh Report and
Order, the Commission announced TCDs for three new permittees that
recently attained permittee status and also considered requests for
substantive modifications to the post-transition DTV Table which were
made after the close of the comment period for the Seventh FNPRM.
Comments on these proposed changes to DTV Table in the Eighth FNPRM
were due Oct. 10, 2007 and replies were due Oct. 25, 2007). The post-
transition DTV Table provides eligible stations channels for post-
transition operations inside the core TV spectrum and is the result of
informed decisions made by eligible licensees during the Commission's
channel election process, as well as the Commission's efforts to
promote overall spectrum efficiency and ensure that broadcasters
provide the best possible service to the public, including service to
local communities. The post-transition DTV Table will ultimately
replace the current (pre-transition) DTV Table at the end of the
transition; however, we note that, in certain defined circumstances,
stations may be permitted to temporarily remain on their pre-transition
DTV channel after the transition date. (As explained below in Section
V.B.7.a., some stations will be permitted to use their pre-transition
DTV channel, temporarily, after the February 17, 2009 transition date.
The current NTSC Table, which is contained in 47 CFR 73.606(b), will
become obsolete at the end of the transition, when all full-power
analog operations must cease. We anticipate initiating another
proceeding to address these and other ``clean-up'' changes to our rules
to eliminate outdated references to analog and out-of-core operations.)
9. Approximately 123 Petitions for Reconsideration of the Seventh
Report and Order were filed by October 26, 2007, the close of the
pleading cycle, representing approximately 200 stations, most of them
requesting changes to their Appendix B facilities to accommodate their
preference to use their existing analog antenna when they return to
their analog channel for post-transition digital operation. (We
addressed and resolved 30 similar requests that were raised during the
comment period for the Seventh Report and Order, and we will address
these additional requests on reconsideration.) In addition, we have
received several Petitions for Reconsideration filed after the 30-day
statutory deadline. Moreover, we recognize that not all stations that
may want to revise their Appendix B facilities to assure that they will
be permitted to continue serving their analog viewers with their post-
transition digital facility have filed Petitions for Reconsideration,
and that not all of those stations that have failed to file petitions
can be, alternatively, fully addressed through the application process
adopted in this Report and Order. Therefore, in light of the urgent
need to finalize post-transition facilities so that all full power
stations can complete the transition by February 17, 2009, we delegate
to the Media Bureau the authority to amend the DTV Table of Allotments
and Appendix B to the DTV Table of Allotments as needed up to the full
power transition deadline. Such proceedings at the Bureau level may be
expedited as necessary, including being conducted without notice and
comment where good cause is found because the requested change does not
adversely affect any other station's post-transition operations. (See 5
U.S.C. 553(b)(3)(B) (allowing for implementation without notice and
comment if good cause exists where ``notice and public procedure
thereon are impracticable, unnecessary, or contrary to the public
interest''). Where any requested change to the Table or Appendix may
affect another station's operations, we expect the Bureau to issue an
NPRM and provide an opportunity for public comment. Stations should
file in Docket No. 87-268 when seeking a correction to Appendix B.)
10. Reclamation of the 700 MHz Bands. As a result of the DTV
transition, 108 megahertz of spectrum in the 700 MHz Band (TV Channels
52-69) will be made available for critically important public safety
needs and new wireless services. In passing the DTV Act, Congress
directed the Commission to commence the auction of recovered analog
broadcast spectrum no later than January 28, 2008, and deposit the
proceeds of the auction in the Digital Television Transition and Public
Safety Fund no later than June 30, 2008. Accordingly, in April 2007, we
made changes to the 700 MHz band plan to enable public safety entities
to use wireless broadband technology and prepare for the auction of the
remaining spectrum in that band. Furthermore, in July 2007, we
specifically redesignated 10 megahertz of public safety 700 MHz
spectrum (763-768/793-798 MHz) for the purpose of establishing a
nationwide, interoperable broadband public safety communications
network. The Wireless Telecommunications Bureau has scheduled the
auction of the remaining commercial spectrum of the 700 MHz Band on
January 24, 2008.
11. Prior to the DTV Act, the Commission reallocated the 700 MHz
Band in separate proceedings, first for the 60 megahertz covering TV
Channels 60-69 (``Upper 700 MHz Band'') and then for the 48 megahertz
covering TV Channels 52-59 (``Lower 700 MHz Band''). In the Balanced
Budget Act of 1997 (``Balanced Budget Act''), Congress specifically
directed that the allocation of the Upper 700 MHz Band include 24
megahertz of spectrum for public safety and 36 megahertz for commercial
services. Accordingly, the Commission divided the Upper 700 MHz Band to
include a 24-megahertz allocation for public safety use, and a 36-
megahertz allocation for commercial use, of which 6 megahertz comprised
the Guard Bands spectrum. With regard to the Lower 700 MHz Band,
Congress also directed that the Commission ``reclaim and organize''
spectrum beyond that in the Upper 700 MHz Band, ``in a manner
consistent with the objectives'' of Section 309(j)(3) of the Act. While
Congress did not direct the amount of spectrum to be reclaimed, the
Commission determined that all broadcasters using digital transmission
systems could be accommodated in the core TV spectrum (i.e., TV
Channels 2-51). As a result, the 48 megahertz of spectrum in the Lower
700 MHz Band (698-746 MHz) would become available for new services
through competitive bidding. (The Commission stated that expanding the
DTV core spectrum would permit recovery of 108 megahertz of spectrum at
the end of the DTV transition period.)
B. DTV Construction Deadlines
12. In 1997, the Commission adopted a DTV construction schedule
that provided for varying construction deadlines based on the size of
the market and type of station, with all stations required to construct
by May 1, 2003. (Under this schedule, television stations in the 10
largest TV markets and affiliated with the top four television networks
(ABC, CBS, Fox, and NBC) were required to build DTV facilities by May
1, 1999. Stations affiliated with those networks in
[[Page 5639]]
television markets 11 through 30 were required to construct their DTV
facilities by November 1, 1999. All other commercial stations were
required to construct their DTV facilities by May 1, 2002, and all
noncommercial stations were to have constructed their DTV facilities by
May 1, 2003. 47 CFR 73.624(d)(1).) In the 2004 Second DTV Periodic
Report and Order, the Commission established two deadlines by which
stations were expected to either replicate or maximize DTV service on
their current (pre-transition) DTV channel or lose interference
protection to the unserved areas on that channel. By July 1, 2005, top-
four network affiliates in the top 100 markets were required to fully
replicate or maximize if they will remain on their DTV channel after
the transition. If these stations were to move to another channel post-
transition, they were required to serve at least 100 percent of their
replication service population by July 1, 2005. By July 1, 2006, all
other stations were required to fully replicate and maximize if they
were to remain on their current DTV channel after the transition. If
they were to move to another channel post-transition, they were
required to serve at least 80 percent of their replication service
population by July 1, 2006. The Commission stated that stations that
met the applicable ``use-or-lose'' deadline and that are going to move
to a different channel after the transition would be permitted to carry
over their authorized maximized areas to their new channels. In
addition, these ``use-or-lose'' replication/maximization deadlines
became the new deadlines for stations operating temporary DTV
facilities pursuant to STA to complete construction of their licensed
DTV facilities. (In 2001, the Commission temporarily deferred (until
the Second DTV Periodic Review) the establishment of construction
deadlines for these stations, provided they constructed initial DTV
facilities designed to serve at least their communities of license.)
Approximately 80 percent of the stations in each of these categories
met their respective deadlines.
13. In the Second DTV Periodic Report and Order, the Commission
also noted that certain stations had not yet been granted an initial
DTV construction permit. The Commission required that, by August 4,
2005, all such stations construct and operate ``checklist'' facilities
that conform to the parameters of the DTV Table and other key
processing requirements. The Commission stated that it would consider
requests for waiver of the August 4, 2005 deadline on a case-by-case
basis, using the criteria for extension of DTV construction deadlines.
(``Checklist'' facilities have power and antenna height equal to or
less than those specified in the DTV Table and are located within a
specified minimum distance from the reference coordinates specified in
the DTV Table. Because these facilities comply with the interference
requirements specified in the rules, no further consideration of
interference is required. In addition, because the DTV Table was
coordinated with Canada and Mexico, ``checklist'' facilities generally
did not require further international coordination.)
14. In 2007, the Commission in the Construction Deadline Extension
Order and the Use or Lose Order addressed applications filed by
stations for extensions of time to construct DTV facilities and/or
waivers of the deadline by which stations must build DTV facilities in
order to retain the ability to carry over interference protection to
their post-transition channel (so-called ``use or lose'' waivers). In
the Construction Deadline Extension Order, the Commission considered
145 requests for an extension of time to construct a DTV facility. (The
Commission granted 140 of these extension requests, 110 of which were
to stations remaining on their current DTV channel for post-transition
use.) For 107 stations whose pre-transition DTV channel is the same as
their post-transition channel, the Commission granted these
applications and gave these stations until November 18, 2007, in which
to complete construction. For 29 stations whose pre-transition DTV
channel is different from their post-transition channel, the Commission
granted these applications and gave these stations until 30 days after
the effective date of the amendments to section 73.624(d) of the rules
adopted in the Report and Order in this Third DTV Periodic Review
proceeding in which to complete construction. (As discussed in the
Third DTV Periodic Review NPRM, at para. 73, the Commission also
granted CP extensions until February 17, 2009 to four stations, facing
unique technical challenges (e.g., side-mounted/top-mounted antenna-
related issues) preventing them from completing construction of their
DTV facilities. As discussed in the Third DTV Periodic Review NPRM at
para. 77, the Commission denied the extension requests of five
stations: Two of which met their DTV construction obligations and were
permitted to continue to operate their licensed facilities, while the
other three stations were admonished for failing to meet their DTV
construction obligations. In the Use or Lose Order, the Commission
considered 192 requests for waiver of the ``use or lose'' deadlines.
The Commission granted 185 of these ``use-or-lose'' waiver requests,
130 of which were to stations remaining on their current DTV channel
for post-transition use. The Use or Lose Order was adopted
simultaneously with the Construction Deadline Extension Order.) For 102
stations whose pre-transition DTV channel is the same as the station's
post-transition DTV channel, the Commission granted these stations a
waiver and gave them until November 18, 2007, to meet the ``use or
lose'' deadline. (The Commission granted these applications an
additional six months from the release date of the Use or Lose Order in
which to complete construction.) For 38 stations whose pre-transition
DTV channel is different from the station's post-transition channel,
the Commission granted these stations a waiver and gave them until 30
days after the effective date of the amendments to section 73.624(d) of
the rules adopted in the Report and Order in this Third DTV Periodic
Review proceeding in which to complete construction. (As discussed in
the Third DTV Periodic Review NPRM, at para. 73, the Commission also
granted 45 stations, facing unique technical challenges (e.g., side-
mounted antenna-related issues) preventing them from meeting the
applicable replication/maximization requirements, ``use or lose''
waivers and CP extensions until February 17, 2009. As discussed in the
Third DTV Periodic Review NPRM, at para. 78, the Commission denied the
``use or lose'' waiver requests of seven stations. As discussed in the
Third DTV Periodic Review NPRM, para. 75, the Commission granted 10
stations their requests for waiver of the ``checklist'' deadline (the
August 4, 2005 deadline established for all television stations to
construct and operate ``checklist'' DTV facilities).) In both of these
orders, the Commission reminded stations that the hard deadline for
termination of analog TV service prevents consideration of any request
for extension of full-power analog TV service beyond that date. The
Commission advised stations given an extension or waiver to utilize
this time to take all steps possible to complete construction as
further extension or waiver requests may be evaluated under a more
stringent standard. Those stations that have a construction permit for
which the original time to complete construction has not yet expired or
that had their original construction permit
[[Page 5640]]
extended to a date that has not yet expired were not addressed in the
Construction Deadline Extension Order or Use-or-Lose Order. These
stations were directed to continue to follow existing rules and
procedures (i.e., continue to build their current DTV construction
permit and, if that construction permit will expire before they can
complete construction, file a request to obtain Commission approval for
extension of the construction permit). (Third DTV Periodic Review NPRM,
at para. 57. Since the release of the Construction Deadline Extension
and Use-or-Lose orders, 83 stations have filed extension requests and
69 stations have filed for use-or-lose waivers. These numbers include
requests for additional time as well as new requests filed with respect
to deadlines that occurred after the Orders were drafted. The Third DTV
Periodic Review NPRM did not require the usual reporting and progress
requirements for some stations according to the rules of the
Construction Deadline Extension Order, in light of the ongoing
consideration of this Report and Order. Third DTV Periodic Review NPRM,
at para. 77 n. 142. Similarly, the Third DTV Periodic Review NPRM
withheld admonishment of some stations under the Use or Lose Order
pending adoption of rules in this proceeding. Third DTV Periodic Review
NPRM, at para. 78.)
IV. Progress Report
15. The transition to DTV is a complex undertaking, affecting
virtually every segment of the television industry and every American
who watches television. The Commission has been facilitating the
transition to DTV by adopting a standard for digital broadcasting,
creating an initial and post-transition DTV Table, awarding DTV
licenses, establishing operating rules for the new service, monitoring
the physical build-out of DTV broadcast stations, and helping to
educate consumers about the transition. At the end of the transition,
television broadcast operations will be limited to the core TV
spectrum. (The ``core spectrum'' is comprised of low-VHF channels 2 to
4 (54-72 MHz) and 5 to 6 (76-88 MHz), high-VHF channels 7 to 13 (174-
216 MHz) and UHF channels 14-51 (470-698 MHz), but does not include TV
channel 37 (608-614 MHz), which is used for radio astronomy research.
See 47 CFR 73.603(c).) This will enable the recovery of a total of 108
MHz of spectrum (i.e., TV channels 52-69) for critically important
public safety needs and new wireless services.
A. DTV Operations
16. As of December 17, 2007, 1,706 television stations in all
markets (representing approximately 99 percent of all stations) have
been granted a DTV construction permit (``CP'') or license. A total of
1,635 stations are now broadcasting a digital signal. Of these, 1,396
stations have authorized licensed facilities or program test authority
and 239 stations are operating pursuant to STA or experimental DTV
authority.
17. In the top 30 television markets, all 119 top-four network-
affiliated television stations are on the air in digital; 113 are
licensed DTV facilities or program test authority and six have STAs. In
markets 1-10, all 40 top-four network affiliated stations are providing
digital service, 38 with licensed DTV facilities and two with STAs. In
markets 11-30, all 79 top-four network affiliated stations are
providing DTV service, 75 with licensed DTV facilities and four with
STAs.
18. Approximately 1,230 commercial television stations were due to
commence digital broadcasts by May 1, 2002. As of December 17, 2007,
1,157 of these stations (94 percent) are broadcasting a digital signal.
In addition, approximately 373 NCE television stations were required to
commence digital operations by May 1, 2003. As of December 17, 2007,
359 (96 percent) of these stations are broadcasting a digital signal.
B. Consumer Capability To Receive DTV Signals
19. Over-the-Air Viewer Reception. As of January 1, 2007, Nielsen
estimates that 36.6 million people or 13 percent of people in the
United States relied only on over-the-air television. In addition
Nielsen estimates that 15.2 million households, or 14 percent of
television households, watched television via an over-the-air signal
only. Nielsen predicts that by January 1, 2008, fewer people,
specifically 33.6 million, or 12 percent of people in the United
States, will watch television via an over-the-air signal only. In terms
of households, Nielsen estimates much fewer, 13 percent of all
television households, or 14.3 million households, will be over-the-air
only.
20. The demand for DTV sets has grown with increased availability
of DTV programming and receiving equipment and a steady drop in the
price of such equipment. The Consumer Electronics Association (``CEA'')
reports that the consumer electronics industry has invested $66.7
billion in DTV products since 1998. Moreover, CEA reports more than $75
billion in consumer investment in DTV products. According to CEA, 23.9
million DTV sets and monitors were sold in 2006. CEA predicts that 29.2
million DTV products will be sold in 2007, 33.4 million in 2008, 35.2
million in 2009 and 36.4 million in 2010. CEA estimates that total
digital display unit sales will increase by 30 percent in 2007, as
compared to 2006. Sales of high-definition television sets are expected
to increase to 20.7 million in 2007, a significant increase from 17.3
million sold the previous year.
21. To promote the availability of reception equipment and protect
consumers by ensuring that their television sets continue to work in
the digital world just as they do today, the Commission established a
DTV tuner mandate, which required that all television receiver
equipment (e.g., TV sets (all sizes), VCRs, digital video recorders,
and any other TV receiving devices) shipped in interstate commerce or
imported into the United States, for sale or resale to the public, must
be capable of receiving the signals of DTV broadcast stations over-the-
air by March 1, 2007. (See 47 CFR 15.117(a). In 2002, the Commission
initiated the DTV tuner mandate, with a phase-in period based on screen
size to minimize the cost impact on consumers. In 2005, the Commission
accelerated the implementation of the DTV tuner mandate to become
effective on March 1, 2007 and expanded the mandate to include
television sets less than 13 inches.)
22. In another consumer protection effort, the Commission adopted
an order in April 2007, to require that, as of May 25, 2007, retailers
that continue to sell analog-only television equipment provide
consumers with information regarding the February 17, 2009 transition
date at the point of sale of DTV television receiving equipment.
Specifically, the Commission now requires sellers of television
receiving equipment that does not include a digital tuner to disclose
at the point-of-sale that such devices include only an analog tuner
and, therefore, will require a converter box to receive over-the-air
broadcast television after the February 17, 2009 transition date.
(Specifically, the Labeling Order (72 FR 26554, May 10, 2007) requires
that anyone that sells or offers for sale or rent television receiving
equipment that does not contain a DTV tuner must display the following
consumer alert, in a size of type large enough to be clear, conspicuous
and readily legible, consistent with the dimensions of the equipment
and the label, at the point of sale: ``CONSUMER ALERT: This
[[Page 5641]]
television receiver has only an analog broadcast tuner and will require
a converter box after February 17, 2009, to receive over-the-air
broadcasts with an antenna because of the Nation's transition to
digital broadcasting. Analog-only TVs should continue to work as before
with cable and satellite TV services, gaming consoles, VCRs, DVD
players, and similar products. For more information, call the Federal
Communications Commission at 1-888-225-5322 (TTY: 1-888-835-5322) or
visit the Commission's digital television Web site at: http://www.dtv.gov.''
This requirement applies to the sale or rent of such equipment via
direct mail, catalog, or electronic means (e.g., the Internet).) As we
noted in this order, consumers expect that DTV television receiving
equipment for sale today that is capable of receiving television is and
will continue to be able to receive over-the-air broadcast signals,
and, if not, then such material information should be disclosed prior
to purchase. The successful completion of the DTV transition depends
upon satisfaction of this basic consumer expectation.
23. We also note that subsidized digital-to-analog (``D-to-A'')
converter boxes will be available to eligible consumers starting
January 2008, further promoting access to digital reception equipment.
(47 U.S.C.A. Section 309 Note. 47 CFR part 301. Starting January 1,
2008, all U.S. households will be eligible to request up to two $40
coupons to be used toward the purchase of up to two D-to-A converter
boxes, while the initial $990 million allocated for the program is
available. 47 CFR 301.3-4. If the initial funds are used up and the
additional funds (up to $510 million) are authorized, eligibility for
the coupons will be limited to over-the-air-only television households.
Eligible consumers will have until March 31, 2009, to make a request
for these coupons.) This subsidy program, which was created by the DTV
Act, will allow consumers with analog-only TV sets to receive over-the-
air broadcast programming after the February 17, 2009, transition date,
when analog broadcasting ends. Congress directed the National
Telecommunications and Information Administration (``NTIA'') of the
U.S. Department of Commerce to administer this subsidy program. (The
DTV Act Section 3005(a)(1) directs the Assistant Secretary for
Communications and Information to ``implement and administer a program
through which households in the United States may obtain coupons that
can be applied toward the purchase of digital-to-analog converter
boxes.'' The purpose of the program is to enable consumers to continue
receiving broadcast programming over the air using analog-only
televisions not connected to cable or satellite service.) In March
2007, NTIA issued final rules to implement the program, which
subsidizes the purchase of D-to-A converter boxes. (NTIA established
rules for the coupon program in 47 CFR part 301. The rules became
effective April 16, 2007.) The Commission is working with NTIA to test
the D-to-A converters for eligibility to be certified for the coupon
program.
24. The Commission has also taken action to ensure that all cable
subscribers, including those with analog TV sets, can view broadcast
television after the DTV transition. Approximately 35 percent of all
television homes, or approximately 40 million households, are analog-
only cable subscribers.
25. In September 2007, the Commission adopted rules ensuring that
the 98 million TV viewers retain the same access to their local
stations after the transition as they do today. The rules will require
cable operators to comply with the statutory viewability requirement by
choosing to either: (1) Carry digital signals in analog format, or (2)
for all-digital systems, carry the signals only in digital format,
provided that all subscribers have the necessary equipment to view the
broadcast content. The viewability requirements will be in force from
the date of the transition through February 2012 subject to review by
the Commission during the last year of this period.
26. The Commission also reaffirmed the existing material
degradation standard for cable carriage of digital signals, including
the requirement that cable systems carry high definition (``HD'')
broadcast signals in HD format. In addition, the Commission has taken
several actions to increase consumer awareness about the impending DTV
transition. Successful completion of the DTV transition depends upon
government and industry working together to promote consumer awareness
and minimize the burdens borne by consumers. In July 2007, the
Commission adopted a Notice of Proposed Rulemaking for the Commission's
Digital Television Consumer Education Initiative (``DTV Consumer
Education NPRM '' 72 FR 46014, August 16, 2007), which requested
comment on several proposals relating to consumer education about the
DTV transition, including considering the best means of creating a
coordinated, national DTV consumer education campaign. (Alternatively,
the notification could describe how to get service from another station
affiliated with the same network and serving the same lost area.) We
proposed to require television broadcast licensees to conduct on-air
consumer education efforts and to require ``broadcast licensees and
permittees to report, every 90 days, their consumer education efforts,
including the time, frequency, and content of public service
announcements aired by each station in a market, with civil penalties
for noncompliance.'' (Comments were due September 17, 2007 and reply
comments were due October 1, 2007. An order addressing the proposals in
this docket was circulated on October 16, 2007. See Written Statement
of the Honorable Kevin J. Martin, Chairman, Federal Communications
Commission, Before the Committee on Energy and Commerce, Subcommittee
on Telecommunications and the Internet, U.S. House of Representatives
(dated October 17, 2007); http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-277414A1.doc.v
). It also sought comment on proposals
about notices in MVPD customer billing statements, notices from
consumer electronics manufacturers, and consumer electronics retailer
training and education, among others.
27. In addition, on September 26, 2007, the Commission held the
first in a series of Commission Digital Television Consumer Education
Workshops. (The workshops will focus on communities that have been
identified as being likely to be disproportionately impacted by the
transition and least aware of it. These communities include, for
example, seniors, minorities and non-English speakers, people with
disabilities, low-income earners, and those living in rural areas. On
November 8, 2007, the Commission hosted a workshop that addressed
issues related to ensuring that seniors are prepared for the DTV
transition. On December 4, 2007, the Commission hosted a workshop that
addressed issues related to ensuring that minority and non-English-
speaking consumers are prepared for the DTV transition.) These
workshops provide an opportunity for all interested parties to jointly
discuss the challenges associated with the upcoming transition and
explore ways to develop coordinated consumer education activities. The
Commission invites organizations representing a broad range of
consumers and other stakeholders to participate, including those who
represent senior citizens, low-income consumers, non-English speakers,
people with disabilities, tribes, and public interest organizations
working on behalf of
[[Page 5642]]
underserved customers or those living in rural areas.
V. Final DTV Transition Rules
28. By statute, full-power television broadcast stations must cease
analog operations by 11:59 p.m. on February 17, 2009. Accordingly, our
focus is now on overseeing broadcasters' construction of facilities
that will reach viewers in their authorized service areas by the time
they must cease broadcasting in analog. Specifically, this Report and
Order adopts rules to ensure that broadcasters meet their statutory
responsibilities and can begin operations on their final, post-
transition (digital) channels by the expiration of the transition
deadline on February 17, 2009. We take seriously our goal to ensure
that consumers who have diligently prepared for the transition by
obtaining the necessary DTV receiver equipment are able to, at a
minimum, continue to watch their existing television programming after
the transition date. In order to make this transition as smooth as
possible for consumers, stations must have their digital facilities in
place and ready to commence operations no later than 12:00 a.m. on
February 18, 2009. We recognize that the transition is a complex
undertaking presenting many challenges to the broadcast industry and
that some disruption of television service may be unavoidable leading
up to the analog turn-off. Accordingly, we adopt rules, where possible,
to offer broadcasters some regulatory flexibility. At the same time,
however, we must still ensure that DTV broadcasters will at least reach
the audiences that they have been serving with their analog service and
that, after the transition date, viewers will continue to have access
to the stations that they are accustomed to receiving over the air.
29. Stations are reminded that their authority to operate on a pre-
transition channel, whether analog or digital, ends on February 17,
2009. Continued operation of analog or pre-transition digital
facilities after that date is operation without a license and will
result in the imposition of sanctions for unauthorized operations. Only
stations that have applied for and been granted specific authority to
remain on a pre-transition digital channel may continue operating on
that channel. As noted in the Third DTV Periodic Review NPRM, we
recognize that there may be some situations where a station's ability
to commence its post-transition operations will be dependent on another
station's construction and operating plans. For example, station A may
need to begin testing its digital facility on its post-transition
channel in order to be ready to operate after the transition date, but
station B is currently using the channel for pre-transition (analog or
digital) service. In such situations, close cooperation will be needed
between these stations. We expect that broadcasters will make all
possible accommodations to ensure that all stations will be able to
provide digital service on their post-transition channels at the
transition date.
30. We begin by, first, adopting our proposal to gather information
about each station's transition status and plan to meet the deadline.
Second, we adopt our proposed deadlines for the construction and
operation of stations' final digital facilities. Third, we adopt our
proposed stricter standards for granting stations extensions of time to
construct digital facilities. Fourth, we adopt our proposals to permit
qualifying stations to make a ``phased transition'' in an effort to
afford regulatory relief without undermining the expectations of over-
the-air viewers. Fifth, we adopt flexible rules allowing stations to
reduce and/or terminate their analog and pre-transition digital
television service before the transition deadline if doing so is
necessary to achieve their transition. Sixth, we adopt our proposal to
permit qualifying stations to transition early. Seventh, we address the
rules, procedures and interference standards for stations to file
applications for construction permits to build their final, post-
transition facilities and to request authorization to maximize their
facilities. Finally, we address a variety of other issues related to
the DTV transition. (We note the Commission's rules for full-power
television will need to be updated to eliminate outdated references to
analog and out-of-core television service and clarify engineering
issues that differ for digital transmission and analog transmission.
Such housekeeping matters will be addressed in a separate rulemaking in
the DTV proceeding, MB Docket No. 87-268.)
A. Broadcasters' Transition Status
31. Stations are responsible for meeting the statutory deadline for
the DTV transition. The Commission has no discretion to waive or change
this transition date. Full-power broadcast stations not ready to
commence digital operations upon expiration of the deadline for the
transition on February 17, 2009, must go dark on their analog channel
and risk losing their authorizations to operate after the transition
date.
32. We have finalized post-transition channel assignments for every
eligible station. (See 47 CFR 73.622(i). These post-transition channel
assignments largely were based on the choices made by licensees during
the channel-election process. Eligibility for a proposed post-
transition channel assignment was limited to existing Commission
licensees and permittees.) In the post-transition DTV Table, 1,812
stations received post-transition DTV channels. (This total includes
1,806 stations announced in Appendix A to the Seventh FNPRM and six
additional stations announced in a subsequent public notice. Additional
new permittees may also be announced before the transition deadline.)
Of these, 1,178 stations received the DTV channel on which they are
currently authorized, 517 stations received the NTSC channel on which
they are currently authorized, and 117 stations received a different
channel from which they are currently authorized. In addition, we have
proposed post-transition channel assignments for 13 stations that
became eligible after the channel election process.
33. The process of transitioning the entire TV broadcast industry
to digital-only operation on each station's final channels will be
complex. Accordingly, most stations should have their plans in place
for their transition to digital-only service on their post-transition
channel. Some stations may now be ready, or very close to ready, to
make their transition. Other stations, however, will need to take
significant steps to accomplish their transition. Stations' situations
will vary based on their final channel assignments in the new DTV Table
and whether they must change their transmission facilities to operate
on their post-transition channels.
1. Transition Status Reports (Form 387) Adopted
34. We adopt our proposal in the Third DTV Periodic Review NPRM to
require all full-power television stations to file a form detailing (1)
their current transition status, (2) any additional steps needed to
commence their full, digital operations, and (3) their timeline to meet
the February 17, 2009 transition deadline. The record supports adoption
of this form. (Form 387 attached hereto as Appendix C). We agree with
commenters and find that these forms will assist the Commission,
industry, and the public in assessing progress and making plans for the
transition date. We note, however, that these forms are not a
substitute for active coordination efforts that may be necessary
between and among broadcasters. Stations' forms will be made publicly
available on the Commission's Web site.
[[Page 5643]]
35. We will require stations to file these forms no later than
February 18, 2008. (Although the Commission originally proposed
December 1, 2007 as the date broadcasters must file their forms, in
response to the comments, we instead adopt February 18, 2008 as that
date. We expect that, by February 18, 2008, this Report and Order will
have been published in the Federal Register and have become effective
and also that the Commission will have obtained the necessary OMB
approval for this information collection. See OMB Control No. 3060-
1105. The Media Bureau will announce when OMB approval has been
obtained and will confirm the February 18, 2008 filing deadline for
when broadcasters must file the form.) In addition, stations must
update their forms, as necessary, until they report the completion of
their transition--specifically, that they have begun operating their
full facility as authorized by the post-transition DTV Table Appendix
B. As proposed, each station is responsible for the continuing accuracy
and completeness of the information furnished in their form. (This
requirement is consistent with 47 CFR 1.65(a).) Whenever the
information furnished in their form is no longer substantially accurate
and complete in all significant respects, the station must file an
updated form as promptly as possible and in any event within 30 days to
furnish such additional or corrected information as is appropriate.
Examples of a significant change would include a change in a station's
(1) transition plans, (2) construction or operational status or (3)
existing service (e.g., reduction or termination of analog or pre-
transition digital service). Stations must continue to file updates
until construction of fully authorized post-transition facilities is
complete and the station has begun operating its full post-transition
DTV Table Appendix B facility. Commenters express concern that some
stations may not be able to set a detailed timeline by the due date
because some of their transition logistics (e.g., details about
equipment and tower crews) are beyond their control. We recognize that
some stations may need to update their forms several times as they
progress through their transitions. At a minimum, stations that have
not completed construction of their post-transition facility and
applied for a license to cover by October 20, 2008, must update their
form to report their current status as of that date. Stations unable to
answer questions on the form on the initial filing date must explain
their reasons for not providing an answer and indicate when they expect
to update the form to provide an appropriate response. We delegate
authority to the Media Bureau to follow up with stations that do not
file or update their forms. We intend to use these forms to identify
stations that are not communicating their progress and may need to
contact stations directly to assess and discuss the station's
transition status. In addition, the Media Bureau will prepare a
comprehensive summary report of the information provided in the Form
387 no later than August 18, 2008 (six months prior to the February 17,
2009 transition deadline). This report will enable us to assess
progress toward completing the transition and to make any mid-
transition adjustments in time for the February 17, 2009 deadline.
2. Stations Identified as Ready To Commence Post-Transition Operations
36. There are more than 800 stations that have built their post-
transition facility. (This number is increasing as stations complete
construction of their post-transition facilities and file for licenses
to cover.) These stations have built and licensed or applied to license
their full authorized DTV facilities as defined in the post-transition
DTV Table Appendix B (i.e., their post-transition channel is the same
as their pre-transition DTV channel). We note that in the Third DTV
Periodic Review NPRM, we listed 752 stations on Appendix D. In response
to comments, we have now added approximately 50 stations and removed
approximately three stations from this list. We have also added other
stations to this list that we have identified as having become ready to
make their transition because they have filed for a license to cover
their post transition (DTV Table Appendix B) facilities since the close
of the comment cycle in this proceeding. The stations listed in
Appendix D, however, must still file a transition status report, FCC
Form 387, to confirm their operational status and indicate their timing
for terminating their analog service.
B. Construction Deadlines for Full, Authorized DTV Facilities
37. We establish the following deadlines for full-power television
broadcast stations to construct their full, authorized post-transition
(digital) facilities (as defined in the post-transition DTV Table
Appendix B):
February 17, 2009 will be the construction deadline for
stations building digital facilities based on a new channel allotment
in the post-transition DTV Table, i.e., stations that will be returning
to their analog channel or moving to a new digital channel for post-
transition operations. These stations will not be required to construct
a digital facility on their pre-transition DTV channel and will be
permitted to forego further construction to the extent such a facility
has been partially built.
February 17, 2009 will also be the construction deadline
for stations demonstrating that a unique technical challenge, such as
the need to reposition a side-mounted antenna, prevents them from
completing construction of their final DTV facilities.
May 18, 2008 will be the construction deadline for
stations that will use their pre-transition DTV channel for post-
transition operations and already have a construction permit that
matches their post-transition (DTV Table Appendix B) facilities.
August 18, 2008 will be the construction deadline for
stations that will use their pre-transition DTV channel for post-
transition operations, but do not have a license or construction permit
that matches their post-transition (DTV Table Appendix B) facilities.
As discussed in more detail below, we establish particular
deadlines and procedures for stations falling into specific defined
circumstances. Stations using their pre-transition DTV channel for
post-transition operations that do not have a construction permit that
matches their post-transition facilities, should apply now for a new or
modified construction permit. Stations that have a construction permit
that has not yet expired remain subject to that expiration date. For
stations granted ``checklist'' waivers and denied extensions or ``use
or lose'' waivers, their deadline will depend upon whether a station's
pre-transition DTV channel is the same or different from its post-
transition channel. Finally, we adopt a stricter standard for stations
to obtain an extension of time to construct their post-transition
facilities, but offer flexibility to certain stations if they can build
facilities that would serve at least the same population that is served
by their current television service and would not cause impermissible
interference to other stations.
38. Commenters generally disagreed with our proposed deadlines and
sought more time to complete construction of their full, authorized
post-transition facilities. Many commenters noted that Congress did not
expressly mandate the date by which broadcasters must operate at full,
authorized facilities on their post-transition channel, only that
stations must operate in digital and inside the TV core spectrum. Thus,
several commenters argued for
[[Page 5644]]
significant flexibility to achieve their construction deadline, with
some seeking the discretion to take up to one year, or more, after the
transition date to complete their full, authorized facilities, while
stations are providing digital service only to their communities of
license. In addition, other commenters argued that the Commission
should view the final DTV Table Appendix B as setting forth the maximum
coverage contour in which a station may operate, rather than the exact
parameters on which they must operate.
39. We find that compliance with our construction deadlines is
necessary to ensure that consumers are not left behind in the
transition. (As discussed further below, we will afford regulatory
flexibility to stations where doing so would not cause existing viewers
to lose service.) Viewers who have prepared for the DTV transition
should be able to receive television service when analog transmissions
cease on February 17, 2009. To achieve this goal, it is imperative that
all stations finalize construction of their post-transition facilities
and operate at full, authorized facilities by the deadline. Given the
February 17, 2009 deadline established by Congress for full-power
stations to end analog service, stations' primary goal must now be to
ensure that DTV stations will be operating at their full, authorized
facilities on their final, post-transition channels by that date.
Previously, our efforts had been to facilitate the initiation of DTV
service to the public during the transition. This approach was
designed, in part, to accomplish the goal of completing the transition
by the original December 31, 2006 deadline established by Congress, a
deadline that could have been extended under several circumstances. We
recognize, as noted by some commenters, that strict compliance with our
DTV construction deadlines would require some stations to reduce or
terminate their analog service before the transition date. In those
cases in which the potential impact of the loss of service prior to the
transition would be more disruptive than the effect of reduced coverage
area for a limited period of time after the transition, we are
providing for flexibility. However, in other cases, the loss of a
station's analog service to some viewers pre-transition, will be
necessary to enable construction of post-transition facilities and can
be preferable to viewers losing all television service from that
station after the transition date if DTV facilities are not ready and
analog service must cease. To ensure that this flexibility serves the
public interest, we are requiring that stations that choose either pre-
transition service reduction or post-transition phase-in must inform
their viewers of what to expect and the options for continuing to have
service.
40. We reject commenters' arguments that we should provide blanket
authority for stations to operate at less than full, authorized post-
transition facilities after the transition date. Commenters offered
several reasons why they may need more time to build their final DTV
facilities, which reasons include the following: (1) Stations may need
to make ``complicated technical changes'' to their facilities to
achieve their transition (e.g., those returning to their analog channel
and intending to reuse their analog antenna); (2) there may be a
shortage of equipment and qualified tower crews needed to implement
final DTV construction; (3) winter weather may prevent some stations
from constructing their final facilities; or (4) a single deadline for
many stations may cause delays in the processing of needed construction
permit applications. We appreciate these specific concerns, but find
that giving blanket authority for an industry-wide, staggered deadline
beyond the transition date would leave a significant number of over-
the-air viewers without television service on and after the transition
date, as analog service will have ceased, but some stations would not
yet have been required to complete DTV facilities. Only by requiring
that full, post-transition facilities are operating on the transition
date can we ensure a successful DTV transition; namely, the continued
availability of television service.
41. While we set strict construction deadlines in this Report and
Order, we also adopt flexible rules and procedures that will address
the specific concerns raised by commenters, such as those noted above.
For example, we are affording stations facing unique technical
challenges, such as the need to reposition their side-mount antennas,
until the transition date to construct their full, authorized post-
transition facilities, and we anticipate that many of these stations
may also qualify for extensions--even under our stricter extension
criteria, as well as for the provisions for a ``phased transition.'' We
also expect that these stations will benefit from the new flexible
rules for service reduction and termination in advance of the
transition date. Similarly, while we generally will not consider
extension requests by stations on the basis of weather or a shortage of
equipment and qualified tower crews, our new extension rules will still
allow consideration of requests from those stations with demonstrable
and genuine difficulties because of weather or equipment problems.
Furthermore, we expect that many stations will transition early and
begin operating their final post-transition facilities in advance of
the deadline and the onset of the winter months. Finally, we adopt
rules for the expedited processing of stations' post-transition
construction permit applications to address commenters' concerns about
the potential for delays in obtaining the necessary Commission
authorizations to construct their final DTV facilities. (Stations that
apply for the facilities to which they certified in 2004 and, thus, are
now specified for them in the post-transition DTV Table Appendix B will
have this opportunity for expedited processing.) In addition, our
processing rules address commenters' concerns that stations may not be
able to use their existing analog channel antennas because the antenna
patterns of those antennas may not match the antenna patterns specified
for them in the post-transition DTV Table Appendix B. In sum, we find
that the rules and policies we adopt in this Report and Order will
ensure that stations have sufficient time to complete construction of
their final DTV facilities by their respective deadlines.
1. Stations Whose Post-Transition Channel Is Different From Their Pre-
Transition DTV Channel
42. For stations whose pre-transition DTV channel is different from
their post-transition channel (i.e., stations returning to their analog
channel or moving to a new channel for post-transition operations; this
number includes 517 stations returning to their analog channel post-
transition and 117 moving to a new channel for post-transition
operations. We note, however, that some of these stations may have a
documented unique technical challenge and, therefore, would fall into
category three.), we adopt our proposals in the Third DTV Periodic
Review NPRM to:
(1) Establish February 17, 2009 as the deadline by which these
stations must complete their post-transition (DTV Table Appendix B)
facilities; and
(2) Permit these stations to forego construction of their pre-
transition DTV channel.
Approximately 634 stations fall into this category. We find that
these stations face a greater challenge than stations that will remain
on the same DTV channel for post-transition operations. Stations moving
to a new channel must apply for a construction permit on that channel
and build new facilities based on the channel allotments in the post-
transition DTV Table Appendix B. We
[[Page 5645]]
find that stations facing the challenges associated with moving to a
new DTV channel should be afforded the maximum possible time to
complete their post-transition facilities before analog transmissions
must cease. As discussed above, we disagree with commenters that seek a
blanket extension for additional time beyond the transition date
because that would leave a significant number of viewers without any
television service. However, as discussed above, we adopt flexible
rules and procedures to assist stations with specific transition
challenges and anticipate that those stations that genuinely need
additional time to complete construction of their final, post-
transition facilities may seek an extension of time pursuant to our
revised rules or may avail themselves of our provisions for a ``phased
transition.''
43. We also find that these stations may terminate further
construction of their pre-transition DTV channel facilities in order to
focus their efforts on constructing their permanent DTV facilities on
their post-transition channel. Our examination of the record strongly
favors affording stations whose pre-transition DTV channels are
different from their post-transition channels the flexibility to stop
construction of their pre-transition DTV channel facilities. We agree
with commenters that argue in favor of such flexibility and find that
requiring stations to build or expand facilities that would only be
operated until the end of the transition--i.e., for less than 14
months--potentially could undermine the more important public interest
objective of ensuring a timely transition to digital broadcasting by
diverting limited resources from the construction of final, post-
transition facilities. Accordingly, we adopt our proposal to change our
``use or lose'' policy for these stations to allow them to retain
interference protection to their full, authorized post-transition
facilities. We discuss below the options available to these stations
based on their individual circumstances.
44. We recognize that many of these stations (whose pre-transition
DTV channels are different from their post-transition channels) have
been diligent in meeting the deadlines established by the Commission
for completing construction of their pre-transition facilities in order
to provide DTV service to the public and to be permitted to carry over
interference protection to their permanent DTV channel. We do not
intend to treat these stations unfairly or reward stations that have
been less diligent in providing DTV service during the transition. We
note that many stations that have not built their transitional
facilities have faced impediments to doing so. In addition, most
stations that have applied for an extension of time to construct and/or
a waiver of the applicable use-or-lose deadline have had those requests
granted, indicating that we found they have a valid reason for not
meeting the applicable deadline. Finally, we find that we must permit
stations to cease investing time and resources in completing pre-
transition DTV facilities to ensure that stations are focused on
finalizing their post-transition facilities so that viewers will
continue to receive television service when analog service ends.
45. Pre-Transition DTV Channel Unbuilt or Not in Operation. We will
permit a station that has not constructed an operational pre-transition
DTV facility to elect simply to return its construction permit for that
facility to the Commission and focus its efforts on construction of its
post-transition facility. As stations in this situation are not
currently providing digital service to the public, we find it is
appropriate at this stage in the transition to allow these channels to
be returned. Stations choosing this approach will be able to carry over
interference protection to their post-transition channel.
46. Pre-Transition DTV Channel in Operation. We will offer a
station with an operational DTV facility on a pre-transition channel
several options that would allow it to carry over interference
protection to its post-transition channel. First, the station may
discontinue further construction on its pre-transition DTV facility and
operate that partially-built facility during the remainder of the
transition, while it focuses on building its permanent DTV facility. A
station choosing this option must file an application to modify its
existing construction permit to match its partially-built pre-
transition DTV facility. The station would then continue operation of
the facility for the remainder of the transition without devoting
resources to further build-out of that facility. Second, the station
may cease operating its pre-transition DTV facility in certain
circumstances, which are discussed below. Third, the station may decide
to continue construction of its pre-transition DTV facility. We do not
want to deny a station in this third category the opportunity to
continue to build its pre-transition DTV facility and to provide
service on this facility for the remainder of the transition; however,
we find it is appropriate to require that these facilities be completed
expeditiously. Therefore, we adopt our proposal in the Third DTV
Periodic Review NPRM to require that such a facility be completed by
the station's current (pre-transition) DTV construction deadline. The
station will not be eligible for any further extensions to build its
pre-transition DTV facility.
2. Stations Whose Post-Transition Channel Is the Same as Their Pre-
Transition DTV Channel
47. For stations whose post-transition channel is the same as their
pre-transition DTV channel (i.e., stations remaining on their current
DTV channel for post-transition operations), we adopt construction
deadlines based on whether a station has an existing license or
construction permit that matches its facility defined in the post-
transition DTV Table Appendix B. Approximately 1,178 stations fall into
this category. (We note, however, that some of these stations may have
a documented unique technical challenge and, therefore, would fall into
category three.)
(1) May 18, 2008 will be the construction deadline for stations in
this category that already have a construction permit that matches
their post-transition (DTV Table Appendix B) facilities.
(2) August 18, 2008 will be the construction deadline for stations
in this category, but which do not have a license or construction
permit that matches their post-transition (DTV Table Appendix B)
facilities and, therefore, need to apply for a new or modified
construction permit.
Although we are moving back the deadline we proposed in the Third
DTV Periodic Review NPRM, which would have required stations in this
category to have completed construction of their final post-transition
(DTV Table Appendix B) facilities by November 18, 2007 we find that it
is appropriate to require stations in this category to complete
construction prior to February 17, 2009. (November 18, 2007 is the
deadline established for theses stations in both the Construction
Deadline Extension Order and the Use-or-Lose Order.) These stations
have already had a significant period of time in which to build digital
facilities on their post-transition channels and, indeed, should
already have constructed these facilities by their previously
established DTV construction deadline, which for many stations was
November 18, 2007. (Approximately 83 stations have filed requests for
an extension of time of this deadline.) Unlike stations that will be
moving to a different DTV channel for post-transition use, these
stations have generally had the advantage of being able to plan for and
commence construction of their post-transition
[[Page 5646]]
facilities for more than 10 years. In contrast, stations moving to a
different channel for post-transition operations have only recently
been assigned their new channel and, thus, are only now able to apply
for a construction permit for this channel and commence construction of
their final digital facilities. (Approximately 855 stations, listed in
Appendix D, have satisfied their build-out requirements and are ready
to complete their transition.) Furthermore, we note that more than 800
of the 1,178 stations in this category have been licensed, or have
filed for a license, to operate authorized post-transition facilities.
We recognize that some stations in this category may face unique
technical challenges, such as the need to reposition their side-mount
antenna, or other issues that may prevent them from constructing full,
authorized post-transition facilities by the deadlines we establish. As
discussed below, these stations that are facing unique technical
challenges will receive a construction deadline of February 17, 2009
and those that legitimately need additional time to complete
construction of their full, authorized post-transition facilities may
seek an extension of time pursuant to our revised rules or may avail
themselves of the provisions for a ``phased transition'' discussed
below.
48. Stations With CPs That Match Facilities in DTV Table Appendix
B. We establish May 18, 2008 as the construction deadline for stations
in this category (i.e., stations whose post-transition channel is the
same as their pre-transition DTV channel) that already have a
construction permit that matches their post-transition (DTV Table
Appendix B) facilities. There are more than 250 stations with CPs that
conform to the facilities in DTV Table Appendix B. This number will
fluctuate as stations file modification applications or file license
applications. (Some stations have filed Petitions for Reconsideration
of the Seventh Report and Order requesting adjustments to Appendix B,
and therefore are not included in this group, while others may choose
to make adjustments at the application stage.) While most stations in
this group have built and licensed their construction permit, and are
now operating at full, authorized post-transition facilities, some
stations in this group still have not built their existing construction
permit. These stations include (1) those that received an extension of
time until November 18, 2007, in either the Construction Deadline
Extension Order or the Use-or-Lose Order, and that have an extension
request of that deadline pending as of the date this Report and Order
is adopted (Approximately 32 stations that received extensions in May
have constructed and filed their license applications; 46 stations that
received waivers in May constructed and filed their license
applications.); and (2) those that have a construction permit that
expired after adoption of the Construction Deadline Extension Order
(i.e., May 17, 2007) and that have an extension request of that
deadline pending as of the date this Report and Order is adopted. By
adopting May 18, 2008 as the construction deadline for these stations,
we are hereby granting the relief sought in the pending extension
requests of these stations and will afford them an extension until that
date. (We also grant any requests for use-or-lose waivers by these
stations that are pending as of the date this Report and Order is
adopted.) We expect that these stations will finally be able to
complete construction of their digital facilities and warn these
stations that future requests for an extension of the deadline will be
reviewed under the stricter standard adopted below. The stations in
this group (i.e., stations with a construction permit that matches
their DTV Table Appendix B facilities) also include those that have a
construction permit that has not yet expired, but based on the fact
that most stations in this group have succeeded in timely building
their permitted post-transition facilities, we expect that these
stations will be able to meet their existing CP deadlines and will not
need the additional time.
49. Stations With an Unbuilt CP That Does Not Match Facilities in
DTV Table Appendix B. (This includes stations with an unbuilt CP that
may be operating a reduced digital facility pursuant to STA.) We
establish August 18, 2008 as the construction deadline for stations in
this category (i.e., stations whose post-transition channel is the same
as their pre-transition DTV channel) that have an unbuilt construction
permit for facilities that for some reason do not match those specified
for them in the post-transition DTV Table Appendix B. There are roughly
60 stations with a CP they have not built and whose CP does not closely
match facilities in the DTV Table Appendix B. These stations would
therefore need either to modify either their CP to match Appendix B or
request that we revise the facility listed for them on Appendix B.
Similar to the previous group (i.e., stations with a construction
permit that matches their DTV Table Appendix B facilities), these
stations include (1) those that received an extension of time until
November 18, 2007, in either the Construction Deadline Extension Order
or the Use-or-Lose Order, and that have an extension request of that
deadline pending as of the date this Report and Order is adopted; and
(2) those that have a construction permit that expired after adoption
of the Construction Deadline Extension Order (i.e., May 17, 2007) and
that have an extension request of that deadline pending as of the date
this Report and Order is adopted. By adopting August 18, 2008 as the
construction deadline for these stations, we are hereby granting the
relief sought in the pending extension requests of these stations and
will afford them an extension until that date. (We also grant any
requests for use-or-lose waivers by these stations that are pending as
of the date this Report and Order is adopted.) We expect that these
stations will finally be able to complete construction of their digital
facilities and warn these stations that future requests for an
extension of the deadline will be reviewed under the stricter standard
adopted below. The stations in this group (i.e., stations with an
unbuilt construction permit that for some reason does not match the
facilities specified for them in the post-transition DTV Table Appendix
B) also include those that have a construction permit that has not yet
expired, but we expect that these stations will be able to meet their
existing CP deadlines and will not presume that these stations will
need the additional time. We recognize that some stations in this group
may also include stations that intend to build their CP and not their
DTV Table Appendix B facilities. These stations should file their
applications now to indicate their intent to do this.
50. We find that the stations in this group (i.e., stations with an
unbuilt construction permit that for some reason do not match those
facilities specified for them in the post-transition DTV Table Appendix
B) warrant additional construction time than that afforded to the
stations in the previous group (that is, stations with a construction
permit that matches their DTV Table Appendix B facilities) because
these stations need to file an application for a new or modified
construction permit to conform their existing construction permit to
those facilities specified for them in the post-transition DTV Table
Appendix B. (In the Third DTV Periodic Review NPRM, we recognized that
stations that needed to apply for a new or modified CP because that CP
did not match the facilities specified for them in the post-transition
DTV Table Appendix
[[Page 5647]]
B may need more time to construct. See Third DTV Periodic Review NPRM,
at para. 71.) We expect, however, that the actual construction of the
different DTV Table Appendix B facilities should not otherwise cause
delay, particularly because these stations never built their existing
construction permit. Moreover, we note that these stations should have
filed applications for such conforming facilities soon after the new
post-transition DTV Table became effective on October 26, 2007, and
should do so immediately if they have not done so already. We also note
that changes made to these stations' construction permits since they
made their certifications (via FCC Form 381) in 2004 were made pursuant
to these stations' specific requests.
51. We recognize that some stations in this group cannot commence
operations at their final DTV Table Appendix B facilities because doing
so would cause impermissible interference to other current television
operations. These stations must build and operate their currently
authorized digital facilities reflected in their existing CP by the
August 18, 2008 deadline and may seek an extension of time to February
17, 2009, at which time they could file their modification application
to conform to those facilities specified in the post-transition DTV
Table Appendix B. We expect, however, that these stations will apply
now to modify their facilities to match the post-transition DTV Table
Appendix B and will begin operations at full, authorized facilities as
soon as the impermissible pre-transition interference concerns are
resolved (e.g., the affected pre-transition station moves to its post-
transition channel).
52. Stations With a License That Does Not Match Facilities in DTV
Table Appendix B. We establish August 18, 2008 as the construction
deadline for stations in this category (i.e., stations whose post-
transition channel is the same as their pre-transition DTV channel)
that have a license for facilities that for some reason do not match
those specified for them in the post-transition DTV Table Appendix B.
There are more than 300 stations with a licensed pre-transition
facility that does not match facilities in DTV Table Appendix B, and
therefore would need to apply for a CP for facilities that do match
Appendix B or request that we revise the facility listed for them on
Appendix B. We find that these stations generally should be treated
like those stations with an unbuilt construction permit that for some
reason does not match the post-transition DTV Table Appendix B
facilities because they, too, need to file an application for a new or
modified construction permit to conform their license to those
facilities specified for them in the post-transition DTV Table Appendix
B. We note, however, that unlike those stations with an unbuilt
construction permit, these stations built a digital facility and met
their previous DTV construction deadline. We will take this factor into
consideration to the extent that such stations may request additional
time to meet their post-transition facility deadline. For example,
while we expect that these stations will not need to make significant
modifications to conform their licensed facilities, we will consider
granting requests from these stations if they can demonstrate that the
modifications to conform their licensed facilities are, indeed,
significant. We recognize that some stations in this group (i.e.,
stations with licensed facilities that for some reason do not match
those specified for them in the post-transition DTV Table Appendix B)
may have constructed their intended facilities and do not intend to
build their DTV Table Appendix B facilities. These stations should file
their applications now to indicate their intent to do this.
3. Stations Facing Unique Technical Challenges
53. We adopt our proposal in Third DTV Periodic Review NPRM to
establish February 17, 2009 as the deadline for stations facing
``unique technical challenges'' (as defined in the Construction
Deadline Extension Order and the Use or Lose Order) preventing them
from completing construction of their final, post-transition
facilities. (February 17, 2009 was originally established as the
deadline for these stations in the Use or Lose Order and Construction
Deadline Order.) This category is limited to the types of situations
described for stations facing ``unique technical challenges'' in the
Construction Deadline Extension Order and the Use or Lose Order. Most
of the stations are in this group because they need to reposition a
top-mounted analog antenna with a side-mounted digital antenna. (Forty-
five stations received a use-or-lose waiver and four stations received
an extension in this category.) There may also be other stations in
this group that met their previous DTV construction requirements but
now face unique technical challenges in meeting their deadline to
construct post-transition (DTV Table Appendix B) facilities. Such
challenges include stations that have a side-mounted digital antenna
and top-mounted analog antenna and will need to install a top-mounted
antenna for post-transition digital use, but cannot do so before the
end of the transition because the tower cannot support the additional
weight of a third antenna, or face other circumstances in which the
operation of a station's analog service prevents the completion of
construction of the station's full, authorized post-transition
facility, including stations whose local power company cannot provide
sufficient electrical capacity to the tower site to power both analog
and full power digital operations, and stations that do not have space
at their antenna site for both analog and digital equipment. (Most of
these stations proposed to install their DTV antenna on the top of the
tower where their existing analog antenna currently is housed. In order
to top-mount the DTV antenna, these stations would have to relocate the
analog antenna to another position on the existing tower or to another
location altogether, necessitating the purchase of a new analog antenna
that would be usable for only a very short period of time.) Stations
must document their status as a station facing a ``unique technical
challenge'' and, thereby, obtain February 17, 2009 as their new
construction deadline, by specifying such status in their application
for post-transition facilities (Forms 301 or 340), if applicable, or by
filing a notification electronically through the Commission's
Consolidated Database System (``CDBS'') using the Informal Application
filing form. Stations must also specify their status in their
Transition Status Reports (Form 387). (Stations must check the
appropriate box on Question (v)(3) in Section III (Next Steps) of the
form, and must also detail their plans for repositioning their top-
mounted/side-mounted antennas in Section V (DTV Transition Plan) of the
form.) Although commenters did not support setting any firm deadline
for these stations before the transition date, they did generally
support our approach to provide these stations with more time to
complete construction of their final DTV facilities than those stations
without such unique technical challenges. We appreciate that these
stations may need more time to complete construction of their final DTV
facilities than other stations due to the challenge of configuring
their station's post-transition facilities. Commenters have argued that
stations with existing top-mounted analog and side-mounted digital
antennas may face problems if they are forced to complete their final
DTV facilities before the statutory analog shutdown. For example, a
station with a side-mounted DTV antenna, a
[[Page 5648]]
top-mounted analog antenna and a top-mount DTV allotment risks
significant analog service losses if it attempts to build-out its post-
transition allotment before the analog shutdown. We, thus, conclude
that imposing an earlier deadline for stations with unique technical
challenges could create technical problems or the needless incurrence
of extra engineering expenses. Therefore, we will continue to permit
these stations the maximum amount of time--until the end of the
transition--to complete the construction of their final DTV facilities.
54. However, as discussed above, we cannot give stations blanket
authority for more construction time beyond the transition date without
risking the availability of post-transition television service to
viewers. We do agree with commenters, however, that our rules and
policies must be flexible to enable stations with unique technical
challenges to make a smooth transition. In particular, we expect that
stations facing unique technical challenges will benefit from our
provisions for a ``phased transition.'' (We note that not all of the
stations granted a use or lose waiver in this category have the type of
situation that is likely to warrant further time to complete
construction after the transition date.) For example, Allbritton has
requested that the Commission permit a station with a top-mounted
analog antenna to delay the start of construction of top-mounted, post
transition DTV facilities until after the analog shut-down, provided
that station's existing DTV facility provides service to 100 percent of
its replication area. We find that the ``phased transition''
alternative build-out policy that we adopt below will provide an avenue
for the relief requested by Allbritton.
4. Other Situations
55. We adopt our proposals concerning the treatment of stations
granted a waiver of the August 4, 2005 ``checklist'' deadline and
stations denied an extension of time to construct a pre-transition DTV
facility or a ``use or lose'' waiver request. (These stations sought a
waiver of the August 4, 2005 deadline established for all television
stations to construct and operate a ``checklist'' DTV facility.)
56. Checklist Waiver Stations. We adopt our proposal in Third DTV
Periodic Review NPRM to set a construction deadline for the 10 stations
granted a ``checklist'' waiver that is based upon whether their pre-
transition DTV channel is the same as, or different from, their post-
transition channel. We received no comments on this issue. We find that
our original proposal is an appropriate method for setting the
construction deadline for these stations. Accordingly, the six stations
granted ``checklist'' waivers whose pre-transition DTV channel is
different from their post-transition channel may forego construction of
their pre-transition DTV facility and must complete construction of
their post-transition facility by February 17, 2009. (This number will
change from six to seven if our proposed channel change for station
WPCW-DT, Jeannette, PA (from its DTV channel 49 to new channel 11) is
adopted, giving the station a construction deadline of February 17,
2009. These stations will be treated like any other stations whose pre-
transition DTV channel is different than their post-transition
channel.) The four stations granted ``checklist'' waivers whose pre-
transition DTV channel is the same as their post-transition channel,
must complete their full, final post-transition facility by the
deadline established for other stations whose pre-transition DTV
channel is the same as their post-transition channel. (Station WSMH-DT,
Flint, MI is the only one of these stations that has yet to apply for
and build its post-transition DTV Table Appendix B facilities and,
accordingly, has a construction deadline of August 18, 2008.)
57. Stations Denied an Extension of Time to Construct. Five
stations were denied extensions in the Construction Deadline Extension
Order. Three of these stations were admonished and made subject to
remedial measures. One admonished station, whose pre-transition DTV
channel is the same as its post-transition channel, was afforded six
months from the release date of the Order to comply with the DTV
construction rule. The other two admonished stations, whose pre-
transition DTV channel is different from their post-transition channel,
were afforded until 30 days after the effective date of the amendments
to section 73.624(d) of the rules to be adopted in the Report and Order
in this Third DTV Periodic Review proceeding. All three admonished
stations were also made subject to the remedial measures for DTV
construction adopted by the Commission. For the three admonished
stations, we proposed in the Third DTV Periodic Review NPRM to not
consider any future requests for extension of time to construct pre-
transition facilities. As we stated in the Third DTV Periodic Review
NPRM, we believe that admonished stations that have been denied an
extension of their construction deadline and have been required to
follow remedial procedures should be treated more strictly than
stations that have been granted an extension of the construction
deadline. We received no comments on this issue and will adopt our
proposal.
58. Of the three stations that were denied an extension and
admonished, only one station, WTVA-DT, channel 8, Tupelo, Mississippi,
has still not built its pre-transition facility. (We note that the two
other stations that were denied extensions and admonished have since
reported the completion of their final DTV facility and, therefore, do
not require further consideration. These stations are KJUD-DT, Juneau,
Alaska and KECY-DT, El Centro, California. KECY-DT sought
reconsideration of the Commission's admonishment of its failure to
complete construction in a timely manner. That reconsideration will be
addressed in a separate proceeding.) WTVA-DT has a post-transition
channel that is different from its pre-transition DTV channel. We
stated in the Third DTV Periodic Review NPRM that requiring such
stations, even if denied an extension and admonished, to build their
pre-transition channel would be inconsistent with our policy to shift
our focus to construction of post-transition facilities. Accordingly,
we proposed that we would not require these stations to construct their
pre-transition facilities, but that these stations would remain
admonished and would remain on a remedial program with respect to
construction of their post-transition facilities. In light of the
Commission's consideration of the issues raised in the Third DTV
Periodic Review NPRM, the Commission decided in the Construction
Deadline Extension Order to temporarily stay its reporting and progress
requirements for admonished stations in the case of WTVA-DT. As WTVA-DT
has a post-transition channel that is different from its pre-transition
DTV channel, consistent with our decision in this Report and Order and
as we proposed in the Third DTV Periodic Review NPRM, we hereby
determine that this station will not be required to construct its pre-
transition facility and will remain admonished and on a remedial
program with respect to the construction of its post-transition
facility. Station WTVA-DT must construct its post-transition facility
no later than February 17, 2009, the deadline we have established in
this Report and Order for all stations in this category. In addition,
in accordance with our remedial program, WTVA-DT must report on its
construction progress every 60 days following release of this Report
and Order. If station WTVA-DT
[[Page 5649]]
fails to make progress, it will be subject to additional remedial
measures and sanctions. These actions modify our prior remedial
measures/admonishment order for WTVA-DT.
59. Stations Denied Waiver of the Use or Lose Deadline. For
stations that were denied use or lose waivers in the Use or Lose Order,
seven stations were denied use or lose waivers in the Use or Lose Order
and, consequently, lost interference protection to the unused portion
of the associated coverage area and lost the ability to ``carry over''
their interference protection to their unserved DTV service area on
their post-transition channel. (These stations were unable to show that
good cause existed to allow them additional time to meet their
applicable ``use or lose'' deadline.) Two of the seven stations denied
``use-or-lose'' waiver requests, KAME and WCOV, are remaining on their
current DTV channel for post-transition use. Neither of these stations
filed petitions for reconsideration and their denial is final. They
must file applications to modify their construction permit to specify
their reduced DTV facilities and, upon grant of the construction
permit, they must file a license application to cover this modification
reflecting their now completed facility.) In the Third DTV Periodic
Review NPRM, we invited comment on whether we should reevaluate the
loss of interference protection for these stations with respect to
their post-transition channel. We received no comments on this issue.
We decline to change our decision in that order to remove interference
protection for the parts of their service area that were not built by
the deadline and for which these stations were unable to justify a
waiver.
60. There is no reason to distinguish between stations that failed
to complete construction of their pre-transition facility by the use-
or-lose deadline based on whether or not the facility would also be
used for post-transition operation. In this case, the required build-
out was specifically to provide pre-transition service and the failure
to provide that service without a valid justification cannot be
excused. Accordingly, we will not reevaluate here our decision to
remove interference protection for these stations. These stations will
not lose their license and must comply with the relevant deadline for
operation of their post-transition facility if it differs from their
pre-transition facility. (The five stations whose pre-transition
channel is not the same as their post-transition channel are required
to complete construction of their post-transition facility by February
17, 2009, but have lost interference protection to that part of their
service area that they failed to serve by the use-or-lose deadline. One
of these stations, KUAM, did not file a petition for reconsideration
and their denial is final. When KUAM applies for its construction
permit, its application should reflect this modification.) We note that
four of these stations have sought reconsideration of the denial of
their use or lose waivers. (Stations KBDI-DT, Denver-Broomfield,
Colorado, WDHS-DT, Iron Mountain, Michigan, WDTV-DT, Weston, WV, and
WTXX-DT, Waterbury, Connecticut, all filed such petitions for
reconsideration. If their petitions are denied, their applications for
CP to construct their post-transition facilities must include the
necessary modification to reflect the service area lost.) We will
address these petitions for reconsiderations in a separate proceeding.
5. Extension/Waiver of DTV Construction Deadlines
61. In this section, we adopt our proposed revisions to section
73.624(d)(3) of the rules to tighten the standard for extension of DTV
construction deadlines. However, we also clarify that we will consider,
on a case by case basis in very limited circumstances, requests for an
extension that do not meet our stricter criteria adopted herein where
the station can show extraordinary circumstances that warrant providing
additional time to complete construction. We also conclude that there
will no longer be a separate treatment of ``use-or-lose'' deadlines,
rather all requests for more time to complete construction of full
authorized facilities will be dealt with as requests for CP extensions.
In addition, we will require stations seeking an extension under
section 73.624(d)(3) to comply with a viewer notification requirement
(detailed below). Finally, as we proposed in the Third DTV Periodic
Review NPRM, for all requests for additional time to construct DTV
facilities for construction deadlines occurring on February 18, 2009 or
later, we will consider such requests under the tolling standard set
forth in section 73.3598(b) of our rules. (47 CFR 73.3598(b) provides
that the period of construction for an original construction permit
shall toll when construction is prevented due to an act of God (e.g.,
floods, tornados, hurricanes, or earthquakes), the grant of the permit
is the subject of administrative or judicial review (i.e., petitions
for reconsideration and applications for review of the grant of a
construction permit pending before the Commission and any judicial
appeal), or construction is delayed by a cause of action pending in
court related to requirements for construction or operation of the
station (i.e., zoning or environmental requirements).
62. Specifically, we take the following steps with respect to
requests for additional time to construct post-transition facilities:
(1) Absent extraordinary circumstances we will no longer consider
lack of equipment in the evaluation of whether to grant a request for
extension of time to construct a DTV facility.
(2) We continue to consider circumstances beyond the licensee's
control in evaluating requests for extension of time, including delays
related to zoning issues or international coordination.
(3) We eliminate the existing four-part test for an extension of
time on the grounds of financial hardship. Under the new test adopted
herein, absent extraordinary circumstances, to obtain an extension on
the grounds of financial hardship we will require that the station show
that it is (a) the subject of a bankruptcy or receivership proceeding,
or (b) experiencing severe financial hardship, as defined by negative
cash flow for the past three years.
(4) Requests for extension must be received at least 60 days prior
to the deadline for which the extension is requested to ensure review
prior to the deadline.
(5) Beginning at least 30 days prior to the station's termination
of analog service, stations must notify their viewers about any delays
in completing construction that will prevent the station from providing
post-transition digital service to all viewers. (The station must air
such notifications on its analog channel.)
(6) For all requests for additional time to construct DTV
facilities for construction deadlines occurring on February 18, 2009 or
later, we will consider such requests under the tolling standard set
forth in section 73.3598(b) of the rules. This rule provides that the
period of construction for an original construction permit shall toll
when construction is prevented due to an act of God (e.g., floods,
tornados, hurricanes, or earthquakes), the grant of the permit is the
subject of administrative or judicial review, or construction is
delayed by a cause of action pending in court related to requirements
for construction or operation of the station (i.e., zoning or
environmental requirements).
63. Stations that cannot finalize construction of their final DTV
facilities by the February 17, 2009 deadline have
[[Page 5650]]
several options. First, they may apply for an extension of time to
construct pursuant to the stricter extension criteria adopted herein.
Alternatively, as discussed below in the phased transition section,
stations that cannot finalize construction of their full, authorized
post-transition facilities by the transition deadline and that do not
meet the revised extension criteria adopted herein may request that
they be permitted to stay on their pre-transition DTV channel for a
period of time past the February 17, 2009 deadline to permit them to
finalize construction provided they serve their existing viewers. As
another option, also discussed in the phased transition section below,
a station that cannot finalize its full, authorized post-transition
facilities by February 17, 2009 and that cannot meet the revised
extension criteria may also request that it be permitted to operate
with less than full, authorized facilities for a period of time after
the transition deadline provided it serves its existing viewers.
Stations that cannot build post-transition facilities that serve their
existing viewers by February 17, 2009 will not be eligible to take
advantage of these phased transition options. Requests for more time to
construct for any deadline of February 18, 2009 or later will be
subject to the tolling standard, as discussed more fully below.
64. The stations that face the most significant amount of
construction to finalize their post-transition facilities are those
that are moving to a different channel for post-transition operation.
It is important to note that in this Report and Order we provide these
stations the maximum amount of time--e.g., until February 17, 2009--to
complete construction of these post-transition facilities. (We also
permit stations that are moving to a new channel post-transition and
whose pre-transition facility is unbuilt or nonoperational to cease
efforts to construct the pre-transition facility and focus their
efforts on constructing the final, post-transition facility.) As analog
transmissions must cease by February 17, 2009, any extension of time to
construct final DTV facilities granted beyond this date will result in
the loss of service to over-the-air viewers. (Some stations may be
permitted to continue to serve current viewers on their pre-transition
DTV channel past the transition deadline.) Consequently, as discussed
further below, we will provide extensions of time to construct final
DTV facilities only in the most serious of situations.
65. Stations that have an earlier deadline to construct post-
transition facilities generally do not have a significant amount of
construction remaining to complete their final DTV facility. (Stations
whose pre- and post-transition channels are the same have until May 18,
2008 to finalize construction of the post-transition facility.) In some
cases, however, these stations do face genuine obstacles to completing
construction, such as zoning issues or weather-related damages to
facilities. For these stations, the revised standard we adopt herein
will continue to consider these kinds of issues in evaluating extension
requests. For stations moving to a new channel post-transition and that
are subject to either the May 18, 2008 or August 18, 2008 construction
deadline, those that need an extension and can satisfy the new criteria
adopted herein will be granted an extension until February 18, 2009.
66. In general, at this stage in the transition it would be a
disservice to the public to permit stations to continue to obtain
extensions of time to construct due to equipment shortages associated
with poor planning or a reluctance to commit financial resources to
construction of full digital facilities. While most of the commenters
that addressed our proposals to tighten the standards for grant of
additional time to construct DTV facilities disagreed with our
proposals, we believe it is necessary that these standards be tightened
to ensure continued, necessary progress by stations toward completion
of their post-transition facilities. Because we are close to the end of
the transition--the ultimate deadline--we can no longer allow
extensions except in the most serious, extraordinary, or truly
unavoidable circumstances, such as bankruptcy or zoning or other
impediments beyond the station's control. Stations that cannot satisfy
these criteria and yet do not complete construction of their post-
transition facility will be admonished, placed in remedial programs,
subjected to forfeitures, will lose interference protection to their
unbuilt service areas, and/or will not be permitted to apply for
expanded facilities. These stations will also be required to notify
their viewers that the station will not be serving some or all of these
viewers beginning February 18, 2009.
67. We have determined that there is no further need for separate
``use or lose'' and construction deadlines at this point in the
transition. Our ``use or lose'' deadlines were an effort to ensure that
stations were operating full power pre-transition DTV facilities during
the course of the DTV transition. As we are nearing the end of the DTV
transition, stations must complete their final, post-transition
facilities, and the less than full facilities that were permitted by
the use-or-lose deadlines will no longer be sufficient. Therefore, from
this point on, we will enforce only construction deadlines for all
stations. Any station whose DTV facility is either unbuilt or built but
operating at less than full power may submit an application for
extension if it wants to retain protection to the authorized service
area and would meet the new extension criteria. (We also note that
stations that do not intend to build out to their full authorized
facility should apply for a license to cover the facility they have
built.)
68. Background. In the Third DTV Periodic Review NPRM, we
tentatively concluded that we would revise section 73.624(d)(3) of the
rules, which sets forth the standard for extension of DTV construction
deadlines, to make that provision substantially stricter. We noted that
the initial construction deadlines for DTV facilities passed several
years ago and that the deadline for completion of the transition is
rapidly approaching. It is critical at this stage in the transition
that stations finalize their construction plans and implement them.
69. Under the current rules, the Media Bureau may grant a six-month
extension of time to construct a DTV station if the licensee or
permittee can show that the ``failure to meet the construction deadline
is due to circumstances that are either unforeseeable or beyond the
licensee's control where the licensee has taken all reasonable steps to
resolve the problem expeditiously.'' The rules state: ``[s]uch
circumstances shall include, but are not limited to (A) [i]nability to
construct and place in operation a facility * * * because of delays in
obtaining zoning or FAA approvals, or similar constraints; (B) the lack
of equipment necessary to obtain a digital television signal; or (C)
where the cost of meeting the minimum build-out requirements exceeds
the station's financial resources.'' (See 47 CFR 73.624(d)(3)(ii). To
qualify under the financial resources standard, the applicant must
provide (1) an itemized estimate of the cost of meeting the minimum
build-out requirements; (2) a detailed statement explaining why its
financial condition precludes such an expenditure; (3) a detailed
accounting of the applicant's good faith efforts to meet the deadline,
including its good faith efforts to obtain the requisite financing and
an explanation why those efforts were unsuccessful; and (4) an
indication when the applicant reasonably expects to complete
construction. These rules apply to stations granted a paired license
for analog and digital operation
[[Page 5651]]
during the transition. (DTV singleton stations are already subject to
the tolling provisions in 47 CFR 73.3598(b). We did not propose, and do
not make, any changes to our rules regarding DTV singletons.) The
Bureau may grant no more than two extension requests upon delegated
authority. Subsequent extension requests must be referred to the
Commission.
70. In the Third DTV Periodic Review NPRM, we proposed to eliminate
section 73.624(d)(3)(ii)(B), which permits consideration of lack of
equipment in the evaluation of whether to grant a request for extension
of time to construct. Most stations have had ample time to order the
equipment required to provide digital service. In addition, given the
relatively short time remaining in the transition, we find that it is
not appropriate to grant stations additional time to construct because
of equipment delays, absent extraordinary circumstances. We also
proposed to eliminate the existing four-part test for financial
hardship, which permits consideration of circumstances where the cost
of meeting build-out requirements exceeds the station's financial
resources, and replace it with a new test. Specifically, in seeking a
DTV extension for financial reasons, we proposed that the licensee/
permittee of a station may show that it is (1) the subject of a
bankruptcy or receivership proceeding, or (2) experiencing severe
financial hardship, as defined by negative cash flow for the past three
years. (Our proposed showing of three years of negative cash flow is
similar to the showing considered in determining whether a station is a
``failed station'' for purposes of a waiver of our local TV ownership
rules. However, we made clear in the Third DTV Periodic Review NPRM
that we do not intend to use the failed station standard in its
entirety as applied in the context of local TV ownership in determining
whether a station should be granted an extension of time to construct
under our revised extension standard. As proposed in the Third DTV
Periodic Review NPRM, we will require that a station seeking a DTV
extension for financial reasons to demonstrate that it is either in
bankruptcy or receivership or has had negative cash flow for the past
three years.)
71. Equipment shortages. Consistent with our proposal in the Third
DTV Periodic Review NPRM, we eliminate section 73.624(d)(3)(ii)(B) of
our rules, which permits consideration of circumstances related to
``the lack of equipment necessary to obtain a digital television
signal'' in the evaluation of whether to grant a request for extension
of time to construct. Going forward, absent extraordinary
circumstances, we will no longer consider lack of equipment a valid
ground for granting a request for extension of time to construct.
Although the commenters that addressed this issue generally opposed our
proposal to eliminate the equipment shortage justification for an
extension, we find that at this relatively late stage in the transition
it is no longer appropriate to signal to stations that they can obtain
more time to construct their final DTV stations by citing general
difficulties related to obtaining equipment. Stations must at this
stage in the transition be submitting their equipment orders and
arranging for delivery and installation in order to ensure that they
meet the DTV construction deadlines established in this Report and
Order. (While we recognize that some stations are still awaiting
authorization of their final DTV facilities, the vast majority of
stations have been assigned a channel and facility and have no
legitimate cause for reluctance to order equipment. Moreover, most of
the stations that have requested a change in their previously certified
facilities in petitions for reconsideration of the Seventh Report and
Order in the DTV table proceeding assert that their requested changes
are needed to facilitate construction using existing antennas or other
equipment. Therefore, these stations should not have need of additional
time to construct based on equipment shortages. While stations may be
eager to order equipment that will permit them to expand their
facilities at a later date when such expansion may be permitted,
stations cannot use this excuse to delay ordering now equipment that
will permit them to finalize their current authorized facilities.)
72. While requests for an extension of time on the grounds of a
lack of equipment will no longer generally be granted, we recognize
that for some stations difficulties beyond their control in obtaining
or installing equipment may still pose unavoidable delays in completing
construction, either because of real equipment shortages, the lack of
sufficient tower crews, or because of a delay in scheduling equipment
installation due to weather. Therefore, while we adopt our proposal to
eliminate the equipment shortage justification as a general ground for
grant of an extension of time, and amend the rule accordingly, we will
consider, on a case by case basis, requests for an extension where a
station can demonstrate that, despite timely orders, there is a delay
in delivery of equipment due to a shortage of supply or that there is a
delay in installing equipment on hand or in completing tower
construction due to a shortage of qualified tower crews. Only stations
that can demonstrate that they placed their equipment orders and
requested tower crews well in advance will be considered eligible for
an extension on these grounds. In addition, we will also consider
requests for an extension where the station can demonstrate that tower
construction cannot be completed because of weather conditions or that
equipment is on hand but that weather conditions have delayed
installation. In each case, we will require the station to provide
specific, detailed information and supporting documentation to
demonstrate that grant of an extension of time to construct is
warranted because of a genuine, specific, verifiable delay due to
equipment or manpower shortages or weather. Such documentation could
include, for example, proof that equipment was timely ordered together
with a letter from the equipment supplier confirming a delay in filling
orders and an estimated date by when the equipment will be delivered,
or proof that equipment is on hand together with a letter from the
equipment installer confirming a delay in scheduling installation and
an estimated date for installation. With respect to delays due to
weather, we will consider proof that the equipment is on hand or that
tower construction has commenced or is ready to commence together with
information confirming unsuitable weather conditions and an estimated
date for finalizing tower construction and/or equipment installation.
Stations must also note on FCC Form 387 the status of the station's
transition and any delays related to delivery or installation of
equipment and must update the form to keep the Commission apprised of
changes or continuing delays.
73. This approach responds to the concerns raised by MSTV and NAB
who specifically opposed our proposal to eliminate the equipment
shortage justification for an extension of time. MSTV and NAB argued
that eliminating the equipment shortage justification was inappropriate
given the enormous anticipated demand for equipment and the relatively
small number of manufacturers and installers, which could lead to very
real shortages. We agree that there are instances in which stations may
face legitimate delays in obtaining or installing equipment because of
high demand or weather considerations and we will consider
[[Page 5652]]
extensions in these extraordinary circumstances. Apart from such
extraordinary circumstances, however, we will no longer generally
consider lack of equipment as grounds for an extension of time.
74. Financial hardship. We also hereby adopt our proposal to
eliminate the existing four-part test for financial hardship, which
permits consideration of circumstances where the cost of meeting build-
out requirements exceeds the station's financial resources, and replace
it with a new test. To obtain an extension on the grounds of financial
hardship we will require that the station show that it is (1) the
subject of a bankruptcy or receivership proceeding, or (2) experiencing
severe financial hardship, as defined by negative cash flow for the
past three years. Stations seeking an extension based upon financial
considerations must either (1) submit proof that they have filed for
bankruptcy or that a receiver has been appointed, or (2) submit an
audited financial statement for the previous three years. All such
stations must also submit a schedule of when they expect to complete
construction.
75. Our goal in adopting this stricter financial hardship standard
is to limit extensions to situations where stations clearly are unable
to make the financial commitment necessary to complete construction of
their post-transition DTV facilities. While we recognize that a number
of stations face financial obstacles to completing construction, at
this relatively late stage in the transition it is imperative that
stations devise and implement a plan to complete their final DTV
facilities. Analog broadcasts must cease at midnight on February 17,
2009. In order to ensure that viewers continue to receive television
service after the transition, stations must complete their post-
transition facilities now. It is difficult to imagine a more compelling
use of funds than to ensure continued service to the viewing public.
Thus, only stations that can demonstrate no available funds or source
of funding to complete construction may be granted an extension on this
ground.
76. While we adopt our proposal to tighten our financial hardship
standard, and amend the rule accordingly, we recognize that some
stations, including some noncommercial educational stations and some
smaller stations, face extraordinary financial circumstances that do
not fit within the new financial hardship criteria but that nonetheless
may warrant an extension of time to finalize construction. Therefore,
we will consider, on a case by case basis, requests for an extension
that do not meet our revised financial hardship criteria where a
station can demonstrate extraordinary circumstances. In this regard, we
will consider situations where the station can demonstrate, for
example, that it is awaiting expected funding in the form of a station
grant or similar funding together with a date by when such funding is
expected to be received. We will also consider situations in which the
station can show that it has a detailed, step-by-step plan for
constructing its post-transition facilities by February 17, 2009 and
that it is making and will continue to make timely progress in
implementing this plan. We caution stations that extensions on the
grounds of extraordinary circumstances will not be routinely granted.
77. We will require that all stations requesting an extension
submit proof of the circumstances that warrant an extension of time,
and provide a firm estimate of when construction will be completed.
Stations will also be required to provide information on FCC Form 387
regarding the status of the station's transition and to update this
information on a regular basis.
78. Circumstances beyond the station's control. As we proposed, we
will continue to consider requests for extension of time where the
station is awaiting action by the Commission or a court on a pending
application or appeal or where action on an application is being
delayed for other reasons beyond the station's control. We will
consider delays due to international coordination where resolution of
the international coordination issue is truly beyond the control of the
station, such as where the failure to obtain coordination will not
permit the station to construct facilities sufficient to replicate its
analog coverage area. A station seeking to maximize that cannot obtain
international coordination for such facilities may be required to
construct facilities with a smaller coverage area. As we stated in the
Third DTV Periodic Review NPRM, we will also continue to consider
circumstances related to an act of God or terrorism in evaluating
requests for an extension of time to construct.
79. Application of revised extension standard. Our stricter
standard for grant of an extension of time to construct DTV facilities
adopted herein will be applied to all pending and future requests for
extension of construction deadlines occurring on or before February 17,
2009. While we proposed in the Third DTV Periodic Review NPRM to apply
our stricter extension standard to construction deadlines occurring
before--but not on--February 17, 2009, and to apply our proposed
tolling standard to deadlines on or after that date, we now find it is
appropriate to apply the revised, stricter extension standard to
construction deadlines on or before February 17, 2009. While our
revised extension standard is stricter than the current standard, it
provides more flexibility to stations than the tolling standard. Thus,
applying the revised extension standard rather than tolling to stations
with a February 17, 2009 construction deadline will provide some relief
to these stations that may face legitimate obstacles to completing
their post-transition facilities. All requests for extension of time
pursuant to section 73.624(d), as amended, must be filed electronically
using the revised FCC Form 337. (Requests for extraordinary relief in
the circumstances described herein should also be filed electronically
using FCC Form 337. Such requests should indicate clearly the
circumstances that the station claims warrants additional time to
construct.) We remind parties that applications for extension must be
filed ``no earlier than 90 and no later than 60 days prior to the
relevant construction deadline, absent a showing of sufficient reasons
for filing within less than 60 days of the relevant construction
deadline.'' To ensure sufficient time for review of any such extension
requests, the Bureau is instructed to apply this requirement strictly
and to accept extension requests filed fewer than 60 days before the
applicable construction deadline only if the party affirmatively and
persuasively demonstrates that the extension is necessary due to an
unforeseen development or event occurring within the 60 day timeframe.
(We note that because any extensions would apply to the new deadlines
adopted by this Report and Order, the Media Bureau has delegated
authority to grant or deny extensions for up to six months. See 47 CFR
73.624(d)(3)(i), (iii).)
80. Viewer Notification. Stations that will not be serving at least
the same population that receives their current analog TV and DTV
service on February 18, 2009 must notify viewers on their analog
channel about the station's planned delay in construction and operation
of post-transition (DTV) service. (Population to be served should be
based on the population the station is authorized to serve both before
and after the transition. Population not previously served and
population that will no longer be served by the station's authorized
post-transition facility need not be counted. This applies to all
calculations of population herein.) Therefore, stations seeking an
extension
[[Page 5653]]
of time to construct post-transition facilities under revised section
73.624(d)(3) must notify viewers on their analog channel about their
post-transition service limitations. Such notifications must occur
every day on-air at least four times a day including at least once in
primetime for the 30-days prior to the station's termination of full,
authorized analog service. These notifications must include: (1) The
station's call sign and community of license; (2) the fact that the
station must delay the construction and operation of its post-
transition (DTV) service; (3) information about the nature, scope, and
anticipated duration of the station's post-transition service
limitations; (4) what viewers can do to continue to receive the
station, i.e., how and when the station's digital signal can be
received, or alternatively, the notification could describe how to get
service from another station affiliated with the same network and
serving the same lost area; and (5) the street address, e-mail address
(if available), and phone number of the station where viewers may
register comments or request information. We note that these viewer
notifications are in addition to, and separate from, any notification
requirements that we may adopt pursuant to our DTV Consumer Education
Initiative.
81. Tolling. As we proposed in the Third DTV Periodic Review NPRM,
post-transition we will return to the existing standard for analog
facilities in considering requests for additional time to construct DTV
facilities. For all requests for additional time to construct DTV
facilities for construction deadlines occurring February 18, 2009 or
later, we will consider such requests under the tolling standard set
forth in section 73.3598(b) of the rules, which currently applies to
DTV singletons and analog TV stations, as well as AM, FM, International
Broadcast, low power TV, TV translator, TV booster, FM translator, FM
booster, and LPFM stations. Section 73.3598(a) applies to construction
permits for ``new TV'' stations or to make changes in existing
stations, and we hereby clarify that this reference includes
construction permits for new DTV stations, as well as to existing DTV
stations, and that we will apply section 73.3598 to such stations
beginning February 18, 2009. We also will require that notifications
pursuant to section 73.3598 be filed electronically through the
Commission's Consolidated Database System (``CDBS'') using the Informal
Application filing form.
82. While the commenters that addressed the tolling issue generally
opposed implementation of this approach, we find that once the
transition to an all-digital broadcast service has occurred, it is
appropriate to apply a stricter ``tolling'' approach to construction
deadlines. Once DTV is the sole broadcast service, we find requests for
additional time to construct should be treated as we now treat such
requests for all analog stations and DTV singletons. Once the
transition deadline has passed, stations will no longer be required to
operate dual facilities and the demand for scarce resources by industry
will level off. In the Third DTV Periodic Review NPRM, we proposed to
apply tolling to construction deadlines occurring on February 17, 2009
or later. However, as noted above, we will instead apply the revised
extension criteria to deadlines on or before February 17, 2009 and will
apply tolling to deadlines occurring February 18, 2009 or later. This
approach will provide some additional flexibility to stations by
delaying implementation of the stricter tolling standard.
83. 47 CFR 73.3598 provides that the period of construction for an
original construction permit shall toll when construction is prevented
due to an act of God (e.g., floods, tornados, hurricanes, or
earthquakes), the grant of the permit is the subject of administrative
or judicial review, or construction is delayed by a cause of action
pending in court related to requirements for construction or operation
of the station (i.e., zoning or environmental requirements). (Under the
tolling standard, the filing of an application for modification of a
construction permit does not serve as grounds for tolling of the
construction deadline.) Beginning February 18, 2009, we will require
that DTV permittees notify the Commission of any event covered under
our tolling provision and provide supporting documentation in order to
toll the construction deadline. Permittees will also be required to
notify the Commission when a relevant administrative or judicial review
is resolved. Tolling resulting from an act of God automatically ceases
six months from the date of the notification to the Commission unless
the permittee submits additional notifications at six-month intervals
detailing how the act of God continues to cause delays in construction
and describing construction progress and the steps the permittee has
taken and proposes to take to resolve any remaining impediments. Any
construction permit for which construction has not been completed and
for which an application for license has not been filed shall be
automatically forfeited upon expiration without any further affirmative
cancellation by the Commission. (The Commission has noted that there
may be rare and exceptional circumstances, other than those delineated
in its rules or decisions adopting the rules, that would warrant the
tolling of construction time, i.e., other circumstances in which a
permittee is prevented from completing construction within the time
specified on its original construction permit for reasons beyond its
control such that the permittee would be entitled to tolling of the
construction time under 47 U.S.C. 319(b). In these very limited
circumstances, the Commission noted that it would entertain requests
for waiver of its strict tolling provisions.)
84. As proposed in the Third DTV Periodic Review NPRM, delays due
to international coordination will not generally be grounds for tolling
of a DTV construction permit with two exceptions. First, the Commission
will toll a construction permit for a DTV station where the station
demonstrates that a request for international coordination has been
sent to Canada or Mexico on behalf of the station and no response from
the country affected has been received. Second, the Commission will
toll a DTV construction permit where the station can demonstrate that
the DTV facility approved by Canada or Mexico would not permit the
station to serve the viewers currently served by the station's analog
facility that would also be served by the station's digital facility
approved by the Commission domestically. The tolling rule is amended
accordingly.
6. Sanctions for Failure To Meet Construction Deadlines
85. We remind stations that they will be subject to sanctions if
they fail to meet their deadline for the construction of their final,
post-transition DTV facilities, fail to justify an extension of their
deadline pursuant to the revised procedures and policies, or are
otherwise unable to qualify for the ``phased transition'' provisions.
For example, a station failing to meet its construction deadline may be
subject to license revocation procedures, the issuance of forfeitures,
loss of interference protection to unserved DTV service area, or other
remedial measures, such as admonishment and the imposition of periodic
reporting requirements. We also remind licensees that ``if a
broadcasting station fails to transmit broadcast signals for any
consecutive 12-month period, then the station license granted for the
operation of that broadcast station expires at the end of that period,
notwithstanding any
[[Page 5654]]
provision, term, or condition of the license to the contrary.'' (In
addition, stations discontinuing operations must also be mindful of the
Commission's rules. See, e.g., 47 CFR 73.1615 (operation during
modification of facilities), 73.1690 (modification of transmission
systems), 73.1740 (minimum operating schedule) and 73.1750
(discontinuance of operation).)
86. We find that these sanctions continue to be the appropriate
methods to encourage stations to meet their DTV construction deadlines
and to ensure that all stations are constructed and operating with
their full, authorized post-transition DTV facilities at the end of the
DTV transition. We note that approximately 100 stations have been
placed in the DTV remedial program since its adoption in 2003. All but
one station completed construction and began operating their DTV
facilities within six months of enrollment in the program, thus
eliminating the need for further sanctions. Therefore, with one slight
modification, we find that continued use of the DTV construction
remedial program will ensure that non-complying stations are able to
quickly bring their stations into compliance with their DTV
construction obligations.
87. Currently, stations placed in the remedial program are
initially admonished and are provided with a six-month period to
complete construction of their DTV facilities in order to avoid further
sanctions such as the imposition of forfeiture. As we are nearing the
completion of the DTV transition, we find that it is appropriate to
accelerate our remedial procedures and require stations to complete
construction of their DTV facilities in a shorter period of time in
order to avoid further sanctions. Therefore, we modify the first stage
in our remedial program and provide stations with three months to
complete construction of their DTV facilities in order to avoid the
imposition of further sanctions. By requiring compliance in a three-
month period, we seek to ensure that non-compliant stations will come
into compliance with our DTV construction rule and be ready for the
final DTV transition.
7. Phased Transition Provisions for Regulatory Relief
88. We adopt two provisions for a ``phased transition'' in an
effort to offer broadcasters regulatory flexibility in meeting their
post-transition construction deadlines without disappointing viewer
expectations after the transition date. (As discussed above, stations
whose post-transition channel is different from their pre-transition
DTV channel must build their full, authorized post-transition (digital)
facilities no later than February 17, 2009. Stations whose post-
transition channel is the same as their pre-transition DTV channel must
build their full, authorized facilities no later than the expiration
date of their current construction permit, which date was extended
until November 18, 2007 for stations whose applications for extensions
of time to construct DTV facilities and/or ``use or lose'' waivers were
addressed in either the Construction Deadline Extension Order, or Use
or Lose Order.) First, we will permit qualifying stations to
temporarily remain on their pre-transition DTV channel; and, second, we
will permit qualifying stations to build less than their full,
authorized facilities by their construction deadline. To qualify for
these provisions, stations must meet a service requirement to minimize
the loss of service after the transition date and also must not cause
impermissible interference to other stations. Stations that are
permitted to use one of the provisions for a phased transition, even
though they will not serve at least the same population that receives
their current analog TV and DTV service, must also comply with a viewer
notification requirement (described below). Stations can seek relief
under these provisions if they cannot satisfy the strict requirement
for obtaining an extension of time to construct their full, authorized
facilities. Because the service requirement protects consumers, we find
that we can offer this relief, subject only to an engineering analysis
(i.e., the population and interference criteria).
89. We adopt these measures, which were discussed in the Third DTV
Periodic Review NPRM, in response to the many comments by broadcasters
advocating for regulatory flexibility to build less than their full,
authorized facilities by their post-transition construction deadlines.
As noted above, most commenters asked us to be as flexible as possible
when establishing construction deadlines. These commenters noted that
the February 17, 2009 statutory deadline was only for the termination
of analog service and not expressly for completion of stations' final
(i.e., full, authorized) digital facilities. Accordingly, these
commenters asked that stations be allowed to operate at less than full,
authorized facilities for some specified time after the transition.
90. Because qualification for the regulatory relief offered by
these provisions will require stations to serve all or most of the same
population that receives their current television (analog and digital)
service, we find that these provisions strike the right balance of
offering regulatory flexibility to broadcasters while not undermining
viewers' over-the-air reception expectations after the transition date.
(The noise limited service contour for DTV stations covers an area that
is larger than the station's community of license. Thus, a significant
number of a station's viewers may reside outside of the station's
community of license and outside the community of license coverage
contour, but within its noise limited service area. See 47 CFR
73.622(e) for the definition of the DTV service areas and 47 CFR
73.625(a) for the community of license coverage requirement.) MSTV/NAB
proposed that stations only be required to provide digital service to
their communities of license as of the February 17, 2009 transition
date, and that they should be allowed to operate at less than full,
authorized facilities for one year after the transition date. MSTV/NAB
would rely on broadcasters' market incentive to ``maximize their
digital service'' to viewers. We disagree, however, that a coverage
requirement limited to stations' communities of license would satisfy
consumer expectations after the transition date. Instead, we limit
these special measures for regulatory relief to stations that can serve
all or most of their existing viewers. Stations that cannot build post-
transition facilities that serve their existing viewers must obtain
Commission approval for an extension of time to complete their
facilities. We reject MSTV/NAB's argument that this service requirement
is too restrictive ``in light of equipment shortages and other
technical issues'' and that a community of license coverage requirement
would be sufficient. We take seriously the goal of ensuring that
consumers who have prepared for the transition by obtaining the
necessary DTV receiver equipment are able to, at a minimum, continue to
watch their current television programming after the transition date.
To that end, we have taken steps to require, wherever possible, that
stations complete their final, post-transition facilities by the
transition date. We recognize, however, that in some situations it may
be preferable for some viewers to lose television service for a limited
time after the transition date if that would prevent many viewers from
losing analog TV service for a significant time before the transition
date.
91. Viewer Notification. We will require stations that will not be
serving at least the same population that receives their current analog
TV and
[[Page 5655]]
DTV service on February 18, 2009 to notify viewers on their analog
channel about the station's planned delay in construction and operation
of post-transition (DTV) service. Therefore, stations seeking STA
approval to use one of the provisions for a phased transition must
notify viewers on their analog channel about their post-transition
service limitations. Such notifications must occur every day on-air at
least four times a day including at least once in primetime for the 30
days prior to the station's termination of full, authorized analog
service. These notifications must include: (1) The station's call sign
and community of license; (2) the fact that the station must delay the
construction and operation of its post-transition (DTV) service; (3)
information about the nature, scope, and anticipated duration of the
station's post-transition service limitations; (4) what viewers can do
to continue to receive the station, i.e., how and when the station's
digital signal can be received, or alternatively, the notification
could describe how to get service from another station affiliated with
the same network and serving the same lost area; and (5) the street
address, e-mail address (if available), and phone number of the station
where viewers may register comments or request information. We note
that these viewer notifications are in addition to, and separate from,
any notification requirements that we may adopt pursuant to our DTV
Consumer Education Initiative.
a. Temporary Use of In-Core Pre-Transition DTV Channels
92. To provide flexibility to the post-transition construction
deadlines established above, we adopt our proposal in the Third DTV
Periodic Review NPRM to allow stations that are moving to a different
DTV channel for post-transition operations to temporarily remain on
their pre-transition DTV channel while they complete construction of
their final digital facilities, provided:
(1) They serve at least the same population that receives their
current analog TV and DTV service so that over-the-air viewers will not
lose TV service; (As noted above, we recognize that after the
transition there will be some changes in population served based on the
service area authorized for post-transition operation consistent with
the station's application, channel election, or other modifications,
such as change of antenna site. To qualify for this flexibility, the
station is not required to continue serving population that it will not
be required to serve with its authorized facility after the transition.
Stations must ensure that viewers within the station's authorized
service area who have television equipment with a digital receiver,
including those who obtain a digital-to-analog converter box through
the NTIA program, will be capable of receiving DTV signals over-the-air
post-transition. Stations that cannot satisfy this presumption, may
still request Commission approval on a case-by-case basis for continued
interim operations upon demonstration that they would provide digital
service to a greater population than would their incomplete post-
transition facility. These stations, however, must obtain Commission
approval under the stricter standard for an extension of time to
construct their post-transition facilities.)
(2) They do not cause impermissible interference to other stations
or prevent other stations from making their transition. We adopt our
tentative conclusion that the 0.5 percent interference standard
established for post-transition operations (in section F, below) would
apply because such operations would occur after the transition
deadline. (We also agree with MSTV/NAB that the 0.5 percent
interference standard would apply when evaluating two interim stations
that temporarily continue to operate on their pre-transition DTV
channels after the transition date.)
The record clearly supports adoption of the temporary use of in-
core pre-transition channels. We agree with commenters that some
stations that are returning to their analog channel or moving to a new
channel for post-transition operations may be able to temporarily
remain on their in-core pre-transition DTV channel and provide adequate
service after the transition date without causing impermissible
interference to other stations or preventing other stations from making
their transition. Moreover, we expect that this provision for
regulatory relief will advance the transition by freeing scarce
transition resources for those stations that cannot utilize the
opportunities afforded for a phased transition.
93. Stations' authority to operate on a pre-transition channel,
including their digital channel, ends on February 17, 2009. (The post-
transition DTV Table, which was adopted in the Seventh Report and
Order, became effective October 26, 2007. See 47 CFR 73.622(i). The
current DTV Table, which is contained in 47 CFR 73.622(b), will become
obsolete at the end of all authorized pre-transition DTV operations.
The current NTSC Table, which is contained in 47 CFR 73.606(b), will
become obsolete at the end of the transition, when all full-power
analog operations must cease.) Therefore, stations must request STA
approval for authority to remain on their pre-transition channel in
accordance with our existing filing procedures. (Requests for STA,
pursuant to 47 CFR 73.1635, may be submitted by informal letter or e-
mail. Stations may file requests electronically through CDBS or send an
e-mail to dtvrequests@fcc.gov.) Stations must apply for such approval
no later than August 17, 2008 so that their request can receive the
appropriate engineering analysis. Stations that remain on their pre-
transition digital channel may not apply for expanded post-transition
facilities, until they complete construction and commence operation on
their post-transition channels. Stations approved for this relief may
remain on their pre-transition digital channel for no longer than one
year after the transition date and will receive an extension of time to
construct their full, authorized post-transition facilities for the
time that they remain on their pre-transition digital channel.
Accordingly, these stations must begin operations on their full,
authorized final, post-transition (digital) channels no later than
February 18, 2010. We find that this relief offered to in-core stations
is consistent with the statutory transition deadline for full power
stations to end analog service and to broadcast only on in-core
channels. (See 47 U.S.C. 309(j)(14). Because the statute prohibits
full-power stations from remaining on out-of-core channels after the
transition deadline, this flexibility cannot apply to DTV stations
operating out-of-core (i.e., TV channels 52-69).)
b. Alternative Buildout To Maintain Existing Service
94. As an additional approach to provide flexibility to the post-
transition construction deadlines established above, we will consider
stations' requests for STA to operate their post-transition facilities
on post-transition channels at less than their full, authorized
facilities (as defined by the DTV Table Appendix B). We will authorize
STAs for this purpose, provided stations can demonstrate:
(1) A unique technical challenge (as defined in section V.B.5.
above) and they can serve at least 85 percent of the same population
that receives their current analog TV and DTV service; (For example,
stations with side-mounted antenna-related issues, particularly those
with towers in northern climates or at higher altitudes, face unique
technical challenges that would warrant this relief. In addition,
stations
[[Page 5656]]
returning to their analog channels and that intend to return their
existing analog equipment may also face unique technical challenges
that would warrant this relief. As noted above, population should be
calculated on the basis of the population the station is authorized to
serve both before and after the transition. Population not previously
served and population that will no longer be served by the station's
authorized post-transition facility should not be counted towards the
85 percent.) or
(2) A significant technical impediment to the construction of their
full, authorized facilities that would not otherwise qualify for an
extension of time to construct facilities under the new, stricter
standard adopted herein and they serve at least 100 percent of the same
population that receives their current analog TV and DTV service so
that over-the-air viewers will not lose TV service. (As noted above,
stations must ensure that consumers served pre-transition that obtain a
D-to-A converter box through the NTIA program or who otherwise purchase
DTV receiver equipment will be capable of receiving off-the-air DTV
signals post-transition.)
Furthermore, in either case, stations must also demonstrate that
the STA facility they request will not cause impermissible
interference, i.e., more than 0.5 percent new interference, to other
stations or prevent other stations from making their transition.
Finally, stations that cannot serve at least 100 percent of the same
population that receives their current analog TV and DTV service must
comply with a viewer notification requirement (described in para. 91
above).
95. We sought comment on this issue in the Third DTV Periodic
Review NPRM and we adopt this approach in response to the many comments
advocating for such relief. We differentiate stations that have a
significant technical impediment to construction of their full,
authorized post-transition facility but that can, nevertheless,
continue to serve all of their current viewers. In these circumstances,
because viewers will not lose service after the transition, we will
grant STAs for six months even though the station would not otherwise
qualify for an extension of time to construct facilities under the new,
stricter standard adopted herein. However, commenters have demonstrated
that for some stations facing the type of unique technical challenge
defined in section V.B.5., above, service to all current viewers may
not be possible. For example, stations with a side-mounted digital
antenna that can demonstrate that because of weather or another valid
reason they would have to reduce or terminate their analog service well
before the transition date (e.g., Summer 2008) in order to complete
construction of their final, post-transition facility may qualify for
this post-transition relief for up to six months. While it is critical
that we minimize the loss of television service after the transition
date as much as possible, we recognize that, in such a special
situation, it may be preferable to accept a limited loss of DTV service
for a limited time after the transition date to prevent a significant
loss of analog service many months before the transition date. Stations
must demonstrate both the need for this flexibility and for the timing
that they request. For example, a station could show that the weather
where its tower is located generally remains dangerously cold through
May.
96. Stations must request STA approval for this relief in
accordance with our existing filing procedures. (Requests for STA,
pursuant to 47 CFR 73.1635, may be submitted by informal letter or e-
mail. Stations may file requests electronically through CDBS or e-mail
courtesy copies of their STA requests to dtvrequests@fcc.gov.) We
recognize, however, that stations will need a decision on such requests
in time to make alternate transition plans should their request be
denied. Therefore, stations should apply for this relief well in
advance of the transition date, perhaps as early as Spring 2008, to
allow sufficient time for Commission review and action. Stations must
construct such intermediate facilities that would meet the service
requirement by the transition date. Stations approved for this relief
may remain at such intermediate facilities for no longer than six
months after the transition date and will receive an extension of time
to construct their full, authorized post-transition facilities for this
period of time. Accordingly, these stations must begin operations on
their full, authorized, final, post-transition (digital) channels no
later than August 18, 2009. Stations that seek relief under this
provision may only apply for expanded post-transition facilities if
they will complete construction and commence operation on those
facilities no later than August 18, 2009. In addition to this relief
afforded stations that can serve at least 85 percent of their viewers,
we will consider on a case-by-case basis affording stations STA
approval for some relief even if they cannot meet the 85 percent
service requirement, provided they demonstrate that their circumstances
warrant this additional flexibility. Such stations, however, would be
allowed to remain at such intermediate facilities for no longer than
necessary, which we expect in most cases would be no more than three to
four months after the transition date.
97. Special Relief for NCE and Small Market Stations. To provide
additional regulatory relief for noncommercial educational (``NCE'')
and Small Market Stations, we will consider on case-by-case basis
allowing these stations a reduced service requirement if their
circumstances warrant this additional flexibility. (By small market
stations we mean stations that are not affiliated with a top-four
network (i.e., ABC, CBS, Fox and NBC) in markets 1-100. We have
previously recognized that such stations may warrant additional
flexibility in meeting their construction deadlines.) We have provided
these stations more flexibility throughout the transition. For example,
they received a later use-or-lose deadline in the Second DTV Periodic
Report and Order and we noted in the Fifth Report and Order the unique
financial difficulties faced by NCE stations and reiterated our view
that these stations will need, and warrant, special relief to assist
them in the transition to DTV. NCE stations and small broadcasters
urged the Commission to be sensitive to the problems of stations
serving small markets, especially in light of our proposal to impose
stricter financial hardship criteria for construction deadline
extensions.
C. Service Disruptions Necessitated by Construction of Post-Transition
Facilities
98. In this section we provide stations with the flexibility to
reduce or terminate existing analog or pre-transition digital service
prior to the February 17, 2009 transition date where necessary to
permit stations to finalize construction of their post-transition
facilities. Commenters discussed a wide range of possible circumstances
in which stations may need to reduce or terminate such existing service
either temporarily or permanently in order to complete construction of
final DTV facilities. For example, some stations may need to remove a
top-mounted analog antenna on a tower in order to replace it with a
permanent digital antenna at the top position. In other cases, a new
antenna may need to be added to an existing tower, or an existing
analog antenna may need to be altered for digital use. Some towers may
be able to support the weight of additional antennas, while others may
need to be strengthened before another antenna is installed or an
existing
[[Page 5657]]
antenna may have to be removed to make room for a new antenna. Some
stations may be the only occupants of the tower on which the antenna is
located, while other stations may share the tower with other television
and radio stations and will need to coordinate tower work with these
other stations. In some cases, stations may need to reduce service to
allow construction to proceed, while in other cases service may need to
be halted altogether for some period of time. Some of the service
disruptions required to permit construction of final DTV facilities may
be only temporary, while in other cases stations may need or prefer to
cease analog or pre-transition digital service permanently for the
remainder of the transition in order to finalize their post-transition
facilities.
99. In general, commenters argued that, at this stage in the
transition, the Commission should provide the maximum possible
flexibility to stations to permit them to finalize construction of
their post-transition facilities in a manner that best suits the
station's particular circumstances. Our goal in this section is to
provide stations with this flexibility, while still ensuring that
viewers are not deprived of existing service except where necessary or
clearly beneficial to permit the maximum number of stations to
accomplish the transition by February 17, 2009. We discuss below four
kinds of service disruptions that may take place to facilitate
construction of final DTV facilities:
(1) Temporary service disruptions (generally no more than 30 days);
(2) Permanent or extended (i.e., more than 30 days) service
reduction or termination of analog service before the transition date;
(3) Permanent or extended (i.e., more than 30 days) service
reduction or termination of pre-transition digital service before the
transition date; and
(4) Permanent service reduction or termination of analog or pre-
transition digital service 90 days before the transition date.
1. Temporary Service Disruptions
100. Under section 73.1615 of the Commission's rules, stations may
reduce or cease service temporarily without prior Commission approval
in order to modify existing facilities. We clarify that stations may
use this existing provision to temporarily reduce or cease existing
analog or pre-transition digital service where necessary to facilitate
construction of final post-transition facilities. Because this
provision does not require prior Commission authorization, and does not
require licensees to justify the need for the service disruption, this
provision gives stations substantial flexibility to temporarily reduce
or cease analog or digital service pre-transition.
101. Section 73.1615 provides that, where the licensee of an
existing television station is in the process of modifying facilities
as authorized by a construction permit, the licensee may discontinue
operation or operate with temporary facilities, upon notification to
the Commission, for a period of 30 days, in order to continue to
provide program service. (We note that, although rule 47 CFR 73.1615(a)
and (c) refer to ``licensees'' permittees may also use the flexibility
offered under this rule to temporarily reduce or cease television
broadcast operation.) Where the station operates temporary facilities,
including reduced facilities, such facilities should maintain as nearly
as possible, but not exceed, the size of the presently licensed
coverage area.
102. Stations must notify the Commission before commencing the
temporary reduction or cessation of service, but do not need prior
Commission approval. We will require that such notifications pursuant
to section 73.1615, when made for purposes of facilitating the
conversion to DTV, be filed electronically through the CDBS and using
the Informal Application filing form. This is the form traditionally
used for requests for Special Temporary Operating Authority. We
emphasize that this form, when used in connection with service
disruptions related to the DTV transition, must be filed
electronically. Paper copies will not be accepted. There will be no fee
for filing this form. All temporary service disruption notifications
pursuant to sections 73.1615 must be filed electronically using the
Informal Filings Menu of CDBS. (For more information on Informal
Filings in CDBS, please refer to this web page: http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm.
To speed
processing, stations should also e-mail a courtesy copy of their
temporary service disruption notifications to dtvnotifications@fcc.gov.
The notifications should indicate clearly that they are being filed
pursuant to section 73.1615, and should indicate whether the request is
to temporarily reduce or cease analog or digital service.)
103. The flexibility accorded by section 73.1615 is intended for
service disruptions of 30 days or less. Some stations may use this
provision to reduce or cease their analog or pre-transition digital
service for 30 days or less, and then return to full service on the
pre-transition channel for the remainder of the transition. Other
stations may choose to permanently reduce or cease pre-transition
service in the 30 days immediately preceding the transition date, in
order to accomplish the transition, and then commence operation on the
post-transition channel on the transition date. In both cases, the
stations may use the flexibility provided by section 73.1615; however,
for stations in the latter situation (i.e., those permanently reducing
or ceasing service in the 30 days immediately preceding the transition
date) we will require that they comply with a viewer notification
requirement (described below). Stations that seek to permanently
discontinue operation or permanently operate with reduced facilities
more than 30 days before the transition date may not use section
73.1615, but should instead apply under the procedures outlined below
for permanent pre-transition analog or digital service reductions or
terminations. In addition, stations that anticipate at the outset that
the service reduction or termination will extend for more than 30 days
should use the procedures outlined below for permanent service
reductions and terminations.
104. Where a licensee has filed a notification pursuant to section
73.1615 and, subsequently, determines that the reduction or termination
of service must continue for a short period beyond 30 days, the
licensee may make an additional informal letter request to the
Commission prior to the 30th day. This second notification filed
pursuant to section 73.1615 must be filed in the same manner as the
initial temporary service disruption notification and must explain why
the service disruption should not be considered to be a long term or
permanent service disruption requiring prior Commission approval.
105. Once an informal letter request is made pursuant to section
73.1615(c)(1), the licensee may then continue the service reduction or
termination until notified otherwise by the Commission. In general, we
anticipate that stations will use section 73.1615(c)(1) to extend a
temporary service reduction or cessation under section 73.1615 only
when unexpected circumstances require a somewhat longer service
disruption than initially anticipated. Stations will not be permitted
to utilize the procedures set forth in section 73.1615 for service
reductions or cessations that extend for a lengthy period beyond 30
days. If the service disruption continues substantially beyond 30 days,
we may require the station to reapply under the procedures outlined
below for permanent analog or digital service
[[Page 5658]]
reduction or termination. (We note that section 73.1740(a)(4) of the
rules (47 CFR 73.1740(c)(4)) provides flexibility to commercial
broadcast television stations when, due to causes beyond the control of
a licensee, the licensee cannot adhere to the station's operating
schedule. This provision applies to service disruptions beyond the
control of the licensee, while section 73.1615 involves planned
engineering modifications requiring disruption of service. Stations
reconfiguring their analog and DTV equipment that encounter an
unexpected equipment failure or some other unanticipated problem that
temporarily forces them to discontinue operations may do so without
prior authority pursuant to 47 CFR 73.1740. Stations are required to
notify the Commission not later than the 10th day of limited or
discontinued operations.)
106. Viewer Notification. We will require that stations filing a
notification pursuant to section 73.1615 to permanently discontinue
operation or permanently operate with reduced facilities within 30 days
of the transition date must notify their viewers on their pre-
transition channel(s) (both analog and digital) about the planned
permanent service reduction or termination and inform them about how
they can continue to receive the station. Such notifications must occur
every day on-air at least four times a day including at least once in
primetime for the 30 days prior to the planned permanent service
reduction or termination. (Stations that will not be serving at least
the same population that receives their current analog TV and DTV
service on February 18, 2009 are also required to notify viewers about
the nature, scope, and anticipated duration of the station's post-
transition service limitations.) These notifications must include: (1)
The station's call sign and community of license; (2) the fact that the
station is planning to or has reduced or terminated its analog or
digital operations before the transition date; (3) the date of the
planned reduction or termination; (4) what viewers can do to continue
to receive the station, i.e., how and when the station's digital signal
can be received, or alternatively, the notification could describe how
to get service from another station affiliated with the same network
and serving the same lost area; (5) information about the availability
of digital-to-analog converter boxes in their service area; and (6) the
street address, e-mail address (if available), and phone number of the
station where viewers may register comments or request information. We
note that these viewer notifications are in addition to, and separate
from, any notification requirements that we may adopt pursuant to our
DTV Consumer Education Initiative.
2. Analog Service Reduction and Termination
107. For stations needing long term or permanent reduction or
termination (significantly more than 30 days), we adopt streamlined
procedures to provide stations with the flexibility to permanently
reduce or terminate their analog service before the transition date if
necessary to achieve their transition. (We will consider a reduction or
termination of analog service to be ``permanent'' if the station seeks
to discontinue operation on that channel for more than 30 days.)
Specifically, we will permit a station to reduce or terminate its
analog service before the transition date, provided the station
satisfies the following two requirements:
(1) The station demonstrates that its analog service reduction or
termination is directly related to the construction and operation of
its, or another station's, post-transition facilities; and
(2) The station notifies viewers on its analog channel about the
planned service reduction or termination and informs them about how
they can continue to receive the station, as detailed below.
Stations must obtain prior Commission approval in order to reduce
or terminate their analog service before the transition date. To allow
the Media Bureau sufficient time to process these requests, and to
afford viewers adequate time to obtain digital reception equipment,
stations should file these requests for STA approval at least 90 days
in advance of their planned service reduction or termination. Stations
must file these requests electronically through the CDBS using the
Informal Application filing form.
108. In light of the fast-approaching hard date for analog turn-
off, the significant public interest in ensuring that stations meet the
transition deadline now weighs in favor of permitting early reduction
or termination of analog service where necessary to facilitate the
transition. The procedures we adopt herein will provide stations with
clear guidelines for how and when they may reduce and/or terminate
their analog service early. At the same time, these procedures will
ensure that viewers are informed about when they may lose analog
service and what they can do to continue to view the station.
109. The record strongly favors affording stations the flexibility
to permanently reduce and/or terminate their analog service before the
statutory deadline if the station's technical facilities and the
conditions in its market warrant such reduction or termination to
complete their transition. We agree with commenters that, at this point
in the DTV transition, some stations must be allowed to ``wind-down''
their analog service in order to meet the transition deadline. To be
clear, we note that we are not requiring stations to reduce or
terminate analog service early and expect that stations will not do so
unless absolutely necessary to complete their transition.
110. Background. The Commission's rules require stations to
continue operating their existing licensed analog facilities until the
statutory analog turn-off date. Moreover, the Commission generally has
not favored reductions in television service. (Proposals that would
result in a loss in television service have been considered to be prima
facie inconsistent with the public interest, and must be supported by a
strong showing of countervailing public interest benefits.) The
Commission, however, has recognized that losses in service may be
justified to facilitate a station's transition to DTV. For example, the
Commission permits the early return of out-of-core (i.e., TV channels
52-69) analog channels under certain circumstances in order to
facilitate the DTV transition. In the Third DTV Periodic Review NPRM,
the Commission recognized that stations may have a legitimate need to
reduce or terminate their analog operations (even on in-core channels)
before the transition date because such operations may impede
construction and operation of post-transition (digital) facilities. We
stated in the Third DTV Periodic Review NPRM that such circumstances
may include (but are not limited to): (1) Stations that need to
reposition their digital and analog antennas before the end of the
transition; (2) stations that need to add a third antenna to their
tower but cannot do so without reducing or terminating analog service
because the tower cannot support the weight of the additional
transmission facilities; and (3) stations that are terminating analog
service early as part of a voluntary band-clearing arrangement. The
Commission, therefore, proposed to provide stations with the
flexibility to permanently reduce and/or terminate their analog service
if they satisfied certain criteria, i.e., a six-factor public interest
test. (The Commission proposed to establish a
[[Page 5659]]
presumption that any reduction in a station's analog television service
would be in the public interest if six factors were met: (1) The
proposed reduction is directly related to the construction and
operation of post-transition facilities and would ensure that the
station or another station can meet the deadline; (2) the proposed
reduction in analog service is less than five percent of either the
station's service area or its population served; (3) the proposed
reduction does not cause the loss of an area's only top-four network or
NCE TV service; (4) the proposed reduction does not result in an
unreasonable reduction in the number of services available in that
area; (5) the broadcast station proposing the reduction is able to
deliver its signal to cable and satellite providers so that the reduced
analog signal does not prevent cable and satellite carriage; and (6)
the broadcast station proposing the reduction commits to on-air
consumer education about the station's transition and how to continue
viewing the station.)
111. Comments responding to the Third DTV Periodic Review NPRM
discussed certain situations in which stations require the flexibility
to reduce or terminate analog service early in order to complete their
transition. For example, there are 49 stations with a documented side-
mounted antenna problem. In order for the station to operate its top-
mounted post-transition DTV facilities and accomplish its final
transition, the station will have to relocate its analog antenna to
another location on its tower and operate with reduced analog
facilities. Other stations may have a tower at capacity preventing the
installation of a third antenna on the tower. Therefore, the station
will have to terminate its analog operations prior to the end of the
transition in order to mount its post-transition DTV antenna. Some
stations may be collocated on a shared tower and reduction or
termination of analog operations may be necessary as the collocated
stations coordinate the configuration of their final, post-transition
facilities. Still other stations have equipment currently in use with
their analog operations that they plan to use with their digital
operations. This will necessitate the termination of their analog
facilities prior to the transition so that the equipment can be
reconfigured for use in their final, post-transition facilities. In
addition, there may be other legitimate technical challenges, not
anticipated at this time, which may warrant the flexibility of early
analog service reduction or termination. We are persuaded by these
real-world station examples of the necessity to afford stations
regulatory flexibility in those types of circumstances.
112. While most commenters support giving stations the flexibility
to reduce or terminate analog service before the transition date, they
favor a ``bright-line'' test and streamlined approval or notification
process, instead of the proposed six-factor public interest analysis.
Commenters proposed a variety of different standards to permit flexible
analog service reduction or termination. In their joint comments, MSTV
and NAB assert that stations should be allowed to reduce analog service
starting one year prior to the transition date (i.e., February 17,
2008) and stations should be allowed to terminate analog service
starting six months prior to the transition date (i.e., August 17,
2008), provided stations notify the Commission within 15 days.
Similarly, Tribune proposed allowing stations to reduce analog power
temporarily by as much as 50 percent in the year leading up to February
17, 2009. LeSEA agreed with Tribune's approach provided the station is
not a network affiliate. Disney proposes that the Commission presume
that short term, reduced power operations are in the public interest.
In other words, Disney urges the Commission to apply a rebuttable
presumption to the request of any station returning to its analog
channel whose proposed reduction/termination is directly related to the
construction and operation of post-transition facilities and is
necessary to ensure that the station can meet the transition deadline.
(Disney appears most concerned with relatively short term reductions
and terminations (e.g. 30 days or less). However, these short term
actions fall under the category of temporary disruptions that, as noted
above, are permitted under 47 CFR 73.1615 of our existing rules.) Hoak
and Granite suggest that the Commission employ two criteria: Whether
the termination/reduction (1) is directly related to the station's
ability to complete construction of post-transition DTV facilities in a
timely manner and (2) is as limited in nature and duration as
reasonably necessary to accomplish the transition.
113. We are persuaded that our proposed six-factor test should be
adjusted to provide additional flexibility at this stage in the
transition. However, we disagree with the suggestion of MSTV/NAB and
Tribune that we should permit all stations to elect to terminate or
reduce analog service early, starting on dates suggested by these
commenters, without justification. We find that stations should be
granted broad flexibility to reduce or terminate analog service as
needed to further a station's transition, but should not be granted
blanket authority to reduce or terminate analog service without
providing a legitimate reason why the action is necessary. We have an
important responsibility as guardians of the public interest to ensure
that stations show a legitimate need for an early analog reduction or
termination. In addition, we must ensure that viewers are informed
about any permanent loss of analog service. Accordingly, as discussed
more fully below, we steer a middle course by adopting a procedure that
provides certainty to broadcasters regarding when pre-transition analog
reduction and termination will be permitted. We find that our reduced
showing requirement will reduce the administrative burden on stations
and eliminate the delays that can occur with a more detailed approval
process during this critical time in the DTV transition.
114. Commission Approval Process. Stations must obtain prior
Commission approval in order to reduce or terminate their analog
service before the transition date. Stations must file requests for
such approval as a request for STA through the CDBS using the Informal
Application filing form, and must indicate whether the request is
either a service reduction or termination. (Like other requests for
STA, these requests to permanently reduce or terminate analog TV
service before the transition date must be filed electronically using
the Informal Filings Menu of CDBS. As requests are submitted, CDBS will
automatically generate public notice of these filings. For more
information on Informal Filings in CDBS, please refer to this Web page:
http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm. To
speed processing, stations should also e-mail courtesy copies of their
STA requests to analogrequests@fcc.gov.) Consistent with the handling
of STA requests, stations will be notified of actions taken on their
requests by public notice. (As Bureau actions are recorded, CDBS will
automatically generate public notice of the actions taken.) We
recognize that analog viewers must have adequate time to obtain digital
equipment in advance of a station's early reduction or termination. We
also must allow sufficient time for Commission review before stations
commence notification to viewers. We believe that NTIA will process
requests for coupons to subsidize the purchase of digital-to-analog
converters in three weeks or less. Accordingly, stations must file
requests for approval of analog reduction or
[[Page 5660]]
termination at least 90 days in advance of their planned service
reduction or termination to ensure that they can obtain timely
Commission approval for their proposed actions. As discussed below,
viewer notification must commence no fewer than 60 days prior to
reduction or termination of the analog signal. We caution stations that
some requests may require additional processing time. In these
situations, we will work with the station involved to discuss the
options available to that station.
115. Showing Required. We will permit stations to reduce or
terminate their analog service before the transition date, provided:
(1) They demonstrate that the analog service reduction or termination
is directly related to the construction and operation of post-
transition facilities, by either the station itself or by another
station, and would ensure that the station, or another station, can
meet the transition deadline; and (2) They notify viewers of the
upcoming analog service loss (as discussed in detail below). Stations
may not be permitted to reduce or cease analog service, where, among
other possible reasons, the provision of public health and safety
information is seriously affected or there are other public interest
considerations that require that a station provide analog service. In
addition, the showing should include all relevant information,
including the station location, network affiliation if any, the
circumstances requiring early reduction or termination of pre-
transition digital service, and the number of viewers affected. This
information will enable us to properly consider the impact of the
service reduction or termination on the station's viewers, including
the number of current viewers that will lose digital service, satellite
and cable penetration, and the number and kind (network, independent,
etc.) of other digital channels available to affected viewers.
116. The following are examples of situations where the service
reduction or termination would be considered to be ``directly related''
to the construction and operation of post-transition facilities: (1)
Stations that need to reposition their digital and analog antennas
before the end of the transition; (2) Stations that need to add a third
antenna to their tower but cannot do so without reducing or terminating
analog service because the tower cannot support the weight of the
additional transmission facilities; (3) Stations on a collocated tower
that must coordinate a reduction or termination with other stations in
order to configure their final, post-transition facilities; (4)
Stations with equipment currently in use with their analog operations
that they plan to use with their digital operations; and (5) Stations
that must terminate operation on their analog channel in order to
permit another station to construct its post-transition DTV facilities
on that channel. We recognize, however, that there may be other
legitimate situations where stations may be able to demonstrate that
their planned service reduction or termination is directly related to
the construction and operation of post-transition facilities and we
will also consider these requests on a case-by-case basis.
117. Viewer Notification. With respect to the required notification
to stations' viewers, such notifications must occur every day on-air at
least four times a day including at least once in primetime for the 60-
day period prior to the planned service reduction or termination.
(Stations that will not be serving at least the same population that
receives their current analog TV and DTV service on February 18, 2009
are also required to notify viewers about the nature, scope, and
anticipated duration of the station's post-transition service
limitations.) These notifications must include: (1) The station's call
sign and community of license; (2) the fact that the station is
planning to or has reduced or terminated its analog or digital
operations before the transition date; (3) the date of the planned
reduction or termination; (4) what viewers can do to continue to
receive the station, i.e., how and when the station's digital signal
can be received, or alternatively, the notification could describe how
to get service from another station affiliated with the same network
and serving the same lost area; (5) information about the availability
of digital-to-analog converter boxes in their service area; and (6) the
street address, e-mail address (if available), and phone number of the
station where viewers may register comments or request information. We
note that these viewer notifications are in addition to, and separate
from, any notification requirements that we may adopt pursuant to our
DTV Consumer Education Initiative.
3. Pre-Transition Digital Service Reduction and Termination
118. In addition to the temporary disruption rules and the long
term or permanent analog reduction or termination, we will also provide
stations that will be returning to their analog channel or moving to a
new channel for post-transition operations with the flexibility to
reduce or terminate existing digital service on their pre-transition
DTV channels prior to the transition date. (Stations that will be using
their same digital channel for post-transition operations may not use
the procedures outlined in this section.) We are hopeful that the vast
majority of stations currently providing digital service to the public
on pre-transition DTV channels will continue to do so, until they
convert to operations on their post-transition channel. However, we
recognize that, in some instances, these stations may have to reduce or
terminate their pre-transition digital service in order to complete the
station's post-transition facilities. Thus, we provide flexibility to
stations to reduce or terminate pre-transition digital service where a
station can demonstrate that doing so is necessary to complete
construction of, and commence operations on, its new post-transition
channel. As discussed above, a station whose pre-transition digital
channel is unbuilt and/or non-operational may choose to return the
construction permit for that channel to the Commission and focus its
efforts on construction of its post-transition channel.
119. The following options are available for stations that need to
reduce or cease operation on their pre-transition DTV channel prior to
the transition date:
(1) As explained above, a station may, pursuant to section 73.1615,
temporarily reduce or cease service a period of 30 days or less, upon
notification to the Commission and without prior approval, when
necessary to complete construction of its post-transition facility;
(2) A station may choose to transition early to its post-transition
channel by terminating operation on its pre-transition DTV channel and
commencing service on its post-transition channel prior to the
transition date; or
(3) A station may permanently reduce or terminate their pre-
transition digital service before the transition date, provided it
satisfies the following two requirements:
a. First, the station must demonstrate that its service reduction
or termination is directly related to the construction and operation of
its, or another station's, post-transition facilities; and
b. Second, the station notifies viewers on its pre-transition
channel(s) about the planned service reduction or termination and
informs them about how they can continue to receive the station.
120. In general, our goal is to ensure the continuation of digital
service that is now being provided to viewers. However, a substantial
number of
[[Page 5661]]
commenters responding to the Third DTV Periodic Review NPRM stated that
the Commission should provide the maximum possible flexibility to
stations to permit them to accomplish the transition in the manner that
best suits the station's particular circumstances. We agree with MSTV/
NAB that stations generally will be reluctant to terminate their new
digital services at a time when they are trying to establish a digital
audience, and, therefore, stations will only take advantage of this
option where necessary to finalize post-transition facilities. (MSTV/
NAB note that there may be situations where, due to tower weight issues
or lack of space for a new transmitter, a station will have no option
but to terminate its digital service in order to complete construction
on its final digital channel.) While we are concerned about reducing
digital service to the public pre-transition, we recognize that doing
so may be the best, or only, possible approach to achieving a
successful and timely transition.
a. Termination of Digital Service on Pre-Transition Channel When
Associated With Early Digital Operation on Post-Transition Channel
121. We adopt our proposal in the Third DTV Periodic Review NPRM to
allow stations that will use a different DTV channel for post-
transition operations to cease operations on their pre-transition DTV
channels and begin operating on their new channels before the
transition date. Specifically, a station will be permitted to
transition early if the following requirements are met:
(1) The early transitioning station must not cause impermissible
interference to another station; and
(2) The early transitioning station must continue to serve its
existing viewers for the remainder of the transition and commence its
full, authorized post-transition operations on February 18, 2009.
The record supports the allowance of early post-transition
operations, although (as previously discussed above) some commenters
oppose any accompanying restrictions on stations' ability to reduce or
terminate pre-transition television service. (For example, MSTV/NAB and
APTS/PBS argue that a station should be permitted to transition early
subject only to interference concerns. NAB/MSTV comments at 14-16;
APTS/PBS Comments at 20-21.) We agree that early transitions will
advance and facilitate the transition by freeing engineering and
construction resources for those stations building later. For example,
MSTV/NAB states that early post-transition operations may advance the
transition by setting in motion ``daisy-chains'' of early transitions,
i.e., as channels are vacated by the departing station they will be
freed-up for the incoming stations. Stations interested in commencing
early post-transition operations should indicate their intent to do so
in their construction permit or modification applications for post-
transition facilities. (Stations must follow the post-transition
applications procedures in Section V.D., infra. We are proposing to
revise FCC Forms 301 and 340 to allow stations to simultaneously apply
for both pre- and post-transition facilities. See form changes in
Appendix C.)
122. We will permit early transitioning stations to operate at
facilities that are less than their full, authorized facilities until
the date of their construction deadline, at which date these stations
must commence their full, authorized post-transition operations. MSTV/
NAB suggest that we require early transitioning stations to serve only
their respective communities of license during the transition period.
We disagree with MSTV/NAB that market factors alone will protect
against viewer disenfranchisement and find that, absent a showing of
good cause, stations must maintain current digital service to
consumers, who have prepared for the transition and will expect to
continue to receive such service. Broadcasters seeking to commence
early post-transition operations must indicate in their applications
for post-transition facilities whether such operations will result in a
loss of their own analog or digital service.
123. Interference Criteria. We adopt our proposal in the Third DTV
Periodic Review NPRM to require that early transitioning stations
comply with both the current interference standard and the interference
standard we adopt here for post-transition operations. Accordingly,
early transitioning stations must not cause more than 2.0 percent
interference to any authorized analog or pre-transition DTV station
(with a 10 percent limit on cumulative interference) and must meet the
post-transition protection standard (0.5 percent additional
interference to Appendix B facilities for all stations).
b. Termination of Digital Service on Pre-Transition Channel When
Associated With Flash Cut
124. For stations needing long term or permanent reduction or
termination (significantly more than 30 days), we adopt streamlined
procedures to provide stations with the flexibility to permanently
reduce or terminate their pre-transition digital service before the
transition date if necessary to complete their transition. (We will
consider a reduction or termination of pre-transition digital service
to be ``permanent'' if the station seeks to discontinue operation on
that channel for more than 30 days. If the station intends to
discontinue operation on that channel for the remainder of the
transition, the station must return the pre-transition channel to the
Commission and flash cut directly from operation on their analog
channel to operation on their post-transition (digital) channel on or
before the transition date.) The Commission has previously granted
general approval for satellite stations and most stations with an out-
of-core DTV channel to terminate pre-transition digital service and
transition directly from their analog to their post-transition digital
channel (i.e., ``flash cut'' approval). We will continue to permit
these stations to seek flash cut approval under those existing
standards. For all other stations seeking Commission approval for
reduction or termination of pre-transition digital service, we will
permit a station to reduce or terminate its pre-transition digital
service before the transition date in the same manner adopted for
approving an analog service reduction or termination. Accordingly, we
will permit a station to permanently reduce or terminate their pre-
transition digital service before the transition date, provided the
station satisfies the following two requirements:
(1) The station demonstrates that its pre-transition digital
service reduction or termination is directly related to the
construction and operation of its, or another station's, post-
transition facility; and
(2) The station notifies viewers on its pre-transition channel(s)
about the planned service reduction or termination and informs them
about how they can continue to receive the station.
Stations must obtain prior Commission approval in order to reduce
or terminate their pre-transition digital service before the transition
date. To allow the Media Bureau sufficient time to process these
requests, stations should file these requests for STA approval at least
60 days in advance of their planned service reduction or termination.
Stations must file these requests electronically through the CDBS using
the Informal Application filing form. We expect that stations that will
reduce or terminate their pre-transition digital service will commence
[[Page 5662]]
early post-transition operations if possible.
125. Background. The Second DTV Periodic Report and Order permitted
stations in certain situations to surrender their pre-transition DTV
channel, operate in analog on their analog channel, and then flash cut
to digital by the end of the transition on their post-transition
channel. (In April 2007, the Media Bureau approved by public notice the
flash cut requests of 32 stations based on the criteria established in
the Second DTV Periodic Report and Order. See Flash Cut PN. These
stations were approved to turn off or discontinue construction of their
pre-transition DTV channel. In addition, the public notice invited any
other station to flash cut if it meets the criteria established in the
Second DTV Periodic Report and Order.) As the Commission noted, the
potential public interest benefits of allowing stations to flash cut
include freeing the station to focus its efforts on completion of its
post-transition channel and the creation of opportunities for the
provision of public safety and other wireless services on the pre-
transition DTV channel. In the Second DTV Periodic Report and Order,
the Commission permitted satellite stations to flash cut because of
their unique status and circumstances and provided for these stations
to notify the Commission of their decision to flash cut by their
initial channel election deadline. The Commission stated that satellite
stations opting to flash cut would retain their interference protection
(defined in the proposed new DTV Table Appendix B) as if they had met
the applicable replication/maximization build-out requirements. The
Commission also permitted stations with out-of-core DTV channels to
flash cut under certain conditions and required notification of their
decision to flash cut by their initial channel election deadline. (TV
satellite stations are full-power broadcast stations authorized under
part 73 of the Commission's rules to retransmit all or part of the
programming of a parent station that is typically commonly owned.
Unlike full-service stations, satellite stations have chosen to forego
or relinquish full-service status and instead retransmit the
programming of a parent station because full-service operation of the
satellite facility is not economically viable. Eligible satellite
stations were assigned a paired DTV channel in the current DTV Table.
The Second DTV Periodic Report and Order recognized that most satellite
stations operate in small or sparsely populated areas that have an
insufficient economic base to support full-service operations.) The
Commission presumed that granting such requests would be in the public
interest if the station demonstrated that (1) it was assigned an out-
of-core DTV channel, (The Commission noted the ``greater potential for
wasted expenditures in DTV facilities built in the 700 MHz band (since
there will not be an opportunity to remain in that band after the
transition)'' and ``the potential for earlier use of this spectrum by
public safety and other 700 MHz licensees.'') and (2) grant of the
request would not result in the loss of a DTV channel affiliated with
one of the four largest national television networks (ABC, CBS, NBC, or
Fox). In the case of requests that did not meet these criteria, the
Commission stated that it would consider all the relevant public
interest factors in deciding whether to approve the request. These
factors include the advancement of the provision of wireless and public
safety services, the acceleration of the DTV transition, and the loss
of broadcast service. Like satellite stations, full-service out-of-core
stations that are permitted to flash cut would retain their
interference protection (defined in the new DTV Table Appendix B, as
adopted) as if they had met the applicable replication/maximization
build-out requirements. In April 2007, the Media Bureau released the
Flash Cut PN inviting any station to flash cut if it meets the criteria
established in the Second DTV Periodic Report and Order.
126. In the Third DTV Periodic Review NPRM, the Commission invited
comment on whether we should expand the range of circumstances in which
we would accept new requests by stations to return their pre-transition
DTV channel (i.e., a DTV channel that is not their final, post-
transition channel) before the end of the transition and ``flash cut''
at or before the transition deadline from their current analog channel
to their post-transition channel. Specifically, we sought comment on
whether the following factors should be considered in evaluating flash
cut requests: (1) Whether the DTV station is operating on TV channels
52-69; (2) whether the station is affiliated with one of the four
largest national television networks (ABC, CBS, NBC, or Fox); (The
Commission also noted that the presumption is neither conclusive nor
dispositive and that special circumstances raised by the resulting loss
of digital broadcast service could rebut the presumption.) (3) whether
the station's pre-transition DTV channel is allotted to another station
for post-transition use and the station's return of the channel will
facilitate the other station's construction of its post-transition
digital facility; and (4) the station's financial hardship.
127. Commenters responding to the Third DTV Periodic Review NPRM
generally argued that, at this point in the transition, we should
provide flexibility to stations that want to return their pre-
transition DTV channel and flash cut directly from analog to digital
operation on the post-transition channel. NAB/MSTV argued that the
flash cut option should be made available to all stations during the
last six months of the DTV transition, provided the station notifies
the Commission within 15 days of terminating service. NAB/MSTV also
argued that the Commission should not establish a ``complicated factor
test'' for approving flash cuts. While we agree that the flash-cut
option should be made available to more stations, as our approach
adopted herein does, we disagree with NAB/MSTV that any station should
be permitted to flash cut six months prior to the transition deadline.
A station that seeks to flash cut seeks to terminate its pre-transition
digital service. While there may be situations where stations must
cease service on a pre-transition channel in order to complete post-
transition service, we are not prepared to permit stations (other than
satellite or operating out-of-core) to terminate pre-transition digital
service absent a compelling reason. As the transition deadline nears,
viewers should--and will--become increasingly reliant on receiving
digital service. Permitting stations to cease digital service as the
transition nears, absent compelling circumstances, could undermine
viewer expectations and the success of the transition itself.
128. Existing Flash Cut Authority for Satellite Stations and
Stations With An Out-of-Core DTV Channel. As we stated in the Third DTV
Periodic Review NPRM, stations may continue to seek flash cut approval
pursuant to the Second DTV Periodic Report and Order and Flash Cut PN.
Thus, satellite stations may still flash cut upon simple notification
to the Commission. (Consistent with rules 47 CFR 73.1750, 73.3580 and
73.1750 (termination of service), 73.1690(b) (modification of license
or authorization), stations may declare their intent to flash cut by
sending a letter to the Video Division of the Media Bureau and an e-
mail to flashcut@fcc.gov.) Stations with an out-of-core DTV channel may
either take advantage of our existing flash cut approval for these
stations, as adopted in the Second DTV Periodic Report and
[[Page 5663]]
Order and Flash Cut PN, or may seek approval under the new test
described herein that applies to all non-satellite stations. (For
stations with an out-of-core DTV channel, we will continue to presume
that a flash cut request is in the public interest if the station is
not affiliated with a top-four network. For out-of-core stations with a
top four network affiliation that seek to flash cut, this expanded
flash cut option offers additional flexibility for these stations.)
129. In an effort to provide additional flexibility to out-of-core
stations, we adopt our proposal to extend the current band-clearing
``rebuttable presumption'' favoring band-clearing arrangements for
stations on TV channels 59-69 to cover the requests of all out-of-core
stations (i.e., TV channels 52-69). The comments addressing this issue
support adoption of our proposal. The Commission established policies
to facilitate voluntary ``band-clearing'' of the 700 MHz bands to allow
for the introduction of new public safety and other wireless services
and to promote the transition of out-of-core analog TV licensees to DTV
service inside the core TV spectrum. Generally speaking, these policies
provide that the Commission will approve voluntary agreements between
incumbent broadcasters and new licensees to clear the 700 MHz band
early if consistent with the public interest. The Commission has
approved several such requests to return out-of-core channels in
accordance with this band-clearing policy. Previously, the Commission's
700 MHz band-clearing policies have differed somewhat depending on
whether a station is located on TV channels 59-69, which might affect
use of the upper portion of the band, or on TV channels 52-58, which
would only affect use of the lower portion of the band. (Envisioning
the early recovery of TV channels 60-69, the Commission established a
``rebuttable presumption'' favoring requests for voluntary band-
clearing involving channels 59-69. In contrast, the Commission did not
anticipate recovery of TV channels 52-59 until after the DTV transition
was complete and, as a result, decided to consider requests for
voluntary band-clearing involving those channels on a case-by-case
basis.) We find that this disparate band-clearing treatment with
respect to stations in the lower 700 MHz band (i.e., TV channels 52-58)
is no longer appropriate. We agree with MSTV/NAB that the presumptive
standard currently applied to band clearing arrangements on channels
59-69 should be applied immediately to all band-clearing proposals. The
hard deadline applies equally to both portions of the 700 MHz band.
(DTV Act Section 3003 unified the timing of auctions for the assignment
of remaining spectrum from TV Channels 52-69. The Communications Act
now requires the Commission to commence the auction of recovered analog
broadcast spectrum no later than January 28, 2008 and deposit the
proceeds of such auction in the Digital Television Transition and
Public Safety Fund no later than June 30, 2008. 47 U.S.C. Section
309(j)(15)(C)(v).) In addition, Congress has mandated that the
Commission begin the auction of recovered analog broadcast spectrum in
the 700 MHz band no later than January 28, 2008. (The Commission is
required to commence the auction of recovered analog broadcast spectrum
no later than January 28, 2008 and deposit the proceeds of such auction
in the Digital Television Transition and Public Safety Fund no later
than June 30, 2008. 47 U.S.C. Section 309(j)(15)(C)(v).) We find that
extension of the band-clearing policy is appropriate to facilitate the
clearing of the 700 MHz band in anticipation of the Commission's
upcoming auction of licenses for services in the 700 MHz band (698-806
MHz) scheduled to begin on January 24, 2008. We will apply the same
``rebuttable presumption'' standard to voluntary agreements for
clearing TV channels 52-58 as now applies to such agreements for
clearing TV channels 59-69. As requested by MSTV/NAB, we clarify that,
to the extent a station seeks to terminate analog service on its out-
of-core channel in accordance with the procedures established above,
the station will not also be required to make a showing regarding the
``rebuttable presumption'' applicable to band-clearing arrangements.
130. Commission Approval Process. Stations must obtain prior
Commission approval in order to reduce or terminate their pre-
transition digital service before the transition date. Stations must
file requests for such approval as a request for STA through the CDBS
using the Informal Application filing form, and must indicate whether
the request is either a service reduction or termination. (Like other
requests for STA, these requests to permanently reduce or terminate
pre-transition DTV service before the transition date must be filed
electronically using the Informal Filings Menu of CDBS. As requests are
submitted, CDBS will automatically generate public notice of these
filings. For more information on Informal Filings in CDBS, please refer
to this web page: http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm.
To speed processing, stations should also e-mail courtesy copies of their STA requests to dtvrequests@fcc.gov.) Consistent with
Consistent with
the handling of STA requests, stations will be notified of actions
taken on their requests by public notice. We encourage stations to file
these requests at least 60 days in advance of their planned service
reduction or termination to ensure that they can obtain timely
Commission approval for their proposed actions. We caution stations
that some requests may require more than 60 days of processing time. In
these situations, we will work with the station involved to discuss the
options available to that station.
131. Showing Required. For stations not otherwise eligible for
flash-cut approval, we will permit stations to reduce or terminate
their pre-transition digital service before the transition date,
provided: (1) They demonstrate that the pre-transition digital
reduction or termination is directly related to the construction and
operation of post-transition facilities, by either the station itself
or by another station, and would ensure that the station, or another
station, can meet the transition deadline; and (2) They notify viewers
of the upcoming pre-transition digital loss (as discussed in detail
below). Stations may not be permitted to reduce or terminate their pre-
transition digital service, where, among other possible reasons, the
provision of public health and safety information is seriously affected
or there are other public interest considerations that require that a
station provide analog service. In addition, the showing should include
all relevant information, including the station location, network
affiliation if any, the circumstances requiring early reduction or
termination of pre-transition digital service, and the number of
viewers affected. This information will enable us to properly consider
the impact of the service reduction or termination on the station's
viewers, including the number of current viewers that will lose digital
service, satellite and cable penetration, and the number and kind
(network, independent, etc.) of other digital channels available to
affected viewers. In addition, stations must explain why they cannot
commence digital operation early on their post-transition channel
(early transition) in order to continue to provide digital service to
viewers.
132. Viewer Notification. With respect to the required notification
to stations' viewers, such notifications must occur every day on-air at
least four times a day including at least once in primetime for the 30-
day period prior to the planned
[[Page 5664]]
service reduction or termination. (Stations that will not be serving at
least the same population that receives their current analog TV and DTV
service on February 18, 2009 are also required to notify viewers about
the nature, scope, and anticipated duration of the station's post-
transition service limitations.) These notifications must include: (1)
The station's call sign and community of license; (2) the fact that the
station is planning to or has reduced or terminated its analog or
digital operations before the transition date; (3) the date of the
planned reduction or termination; (4) what viewers can do to continue
to receive the station, i.e., how and when the station's post-
transition digital signal can be received, or alternatively, the
notification could describe how to get service from another station
affiliated with the same network and serving the same lost area; and
(5) the street address, e-mail address (if available), and phone number
of the station where viewers may register comments or request
information. We note that these viewer notifications are in addition
to, and separate from, any notification requirements that we may adopt
pursuant to our DTV Consumer Education Initiative.
4. Service Reductions or Terminations 90 Days Before the Transition
Date
133. As an exception to the approval process described above for
permanent service reductions and terminations, we instead adopt a
streamlined notification procedure for stations planning a permanent
service reduction or termination (analog or digital) within 90 days of
the February 17, 2009, transition date (i.e., beginning on or after
November 19, 2008). We find that a more relaxed notification procedure
is more appropriate than the approval process established above to
provide stations with additional flexibility as we approach the
transition date. As discussed in detail above, the record amply favors
affording stations this additional flexibility so close to the end of
the transition. Therefore, we will permit a station to reduce or
terminate its analog or digital service within 90 days before the
transition date by filing a notification with the Commission. The
notification must be filed 30 days in advance of the planned service
reduction or termination and must include a showing that the service
reduction or termination is necessary for purposes of the transition.
Although we will not require prior Commission approval, stations must
notify their viewers on their pre-transition channel(s) (analog and
digital) about the planned service reduction or termination and inform
them about how they can continue to receive the station. Like the
section 73.1615 notifications, stations must file these notifications
electronically through the CDBS using the Informal Application filing
form.
134. Viewer Notification. We will require stations filing a
notification with the Commission regarding permanent reduction or
termination within 90 days of the transition date to notify their
viewers on their pre-transition channel(s) (both analog and digital)
about the early service reduction or termination and inform them about
how they can continue to receive the station. (Stations that will not
be serving at least the same population that receives their current
analog TV and DTV service on February 18, 2009 are also required to
notify viewers about the nature, scope, and anticipated duration of the
station's post-transition service limitations.) Such notifications must
occur every day on-air at least four times a day including at least
once in primetime for the 30-day period prior to the planned service
reduction or termination. These notifications must include: (1) The
station's call sign and community of license; (2) the fact that the
station is planning to or has reduced or terminated its analog or pre-
transition digital operations before the transition date; (3) the date
of the planned reduction or termination; (4) what viewers can do to
continue to receive the station, i.e., how and when the station's
digital signal can be received, or alternatively, the notification
could describe how to get service from another station affiliated with
the same network and serving the same lost area; (5) information about
the availability of digital-to-analog converter boxes in their service
area; and (6) the street address, e-mail address (if available), and
phone number of the station where viewers may register comments or
request information. We note that these viewer notifications are in
addition to, and separate from, any notification requirements that we
may adopt pursuant to our DTV Consumer Education Initiative.
D. Applications To Construct or Modify DTV Facilities
135. As we stated in the Third DTV Periodic Review NPRM, stations
that need to request authority to construct or modify their post-
transition facilities must file construction permit (CP) or
modification applications. Commercial stations that need to construct
or modify their post-transition facilities must file FCC Form 301 for a
minor modification and submit the appropriate fee. (Applications to
construct or modify post-transition facilities specified in the final
DTV Table Appendix B involve a minor change in facilities and we will
process them accordingly. 74 CFR 73.3572(a)(1) of the Commission's
rules defines a major change in a television station's facilities as
any change in frequency or community of license. Several stations may
be changing channels as a result of the channel election process;
however, these stations will be applying for the frequency and
community of license assigned to them in the new DTV Table that was
adopted in the Seventh Report and Order in MB Docket No. 87-268, and
accordingly we will treat their applications as not involving a change
in frequency. We believe this treatment will speed processing. We also
note that this is consistent with our implementation of the initial DTV
Table in 1998.) Noncommercial educational (NCE) stations must file FCC
Form 340. We received no comments on our proposed revised FCC Forms 301
and 340, and we adopt those revised forms as proposed. These forms will
be available following their approval by the Office of Management and
Budget (OMB).
136. Stations Whose Post-Transition Channel is Different From Their
Pre-Transition DTV Channel. Stations whose pre- and post-transition DTV
channels are different may begin filing their applications for a CP on
the final DTV channel following the effective date of this Report and
Order. As discussed below, these stations may qualify for expedited
processing of their CP applications.
137. Stations Whose Post-Transition Channel is the Same as Their
Pre-Transition DTV Channel. Stations whose pre- and post-transition DTV
channels are the same fall into three categories. First, some of these
stations may not have a licensed DTV facility or CP to construct a
facility that matches the final DTV Table Appendix B and the station
wants to construct the facility listed in Appendix B for that station's
post-transition operation. Such stations must file an application to
modify their authority on their current DTV channel, and we encourage
these stations to file immediately. (Stations are reminded that
applications filed at this time must not request an expansion of
service area that would violate the filing freeze.) As these stations
already have a CP for their final post-transition channel, they do not
need to wait for the effective date of this Report and Order or the
rules adopted herein to file a modification application, and will get
more rapid processing if we receive their applications before stations
that are changing channels file their
[[Page 5665]]
applications. (Following are examples of situations in which a station
that is staying on the same DTV channel for post-transition operation
may have to file an application for modification of its CP. A station
that intends to operate its post-transition facility pursuant to an
existing STA operation must file an application to modify its CP to
match its STA facility. Also, some of these stations may need to apply
to increase power or otherwise adjust their facilities because they are
now operating under STA at reduced power and they are unable to
construct their authorized CP facilities, but intend to operate with
more than their current STA facilities (for example, they intend to
raise their transmitting antenna to a higher height on their tower, but
are unable to mount it at the authorized height). Other stations may
need to apply to modify their licensed or CP facilities in order to
match their DTV Table Appendix B coverage if such coverage was based on
a certification that differs from their current license or CP.)
138. Second, some stations whose pre- and post-transition DTV
channels are the same may want to request changes to Appendix B as
adopted in the Seventh Report and Order to match their existing
facility. In such circumstances, we expect that these stations should
have a petition for reconsideration of the Seventh Report and Order
pending, which we will address in a separate proceeding. (Approximately
123 Petitions for Reconsideration of the Seventh Report and Order were
filed by October 26, 2007, the close of the pleading cycle.) If a
station has completed construction of the facility it intends to
operate after the transition, it does not need to file an application
at this time. (If there are minor differences between the station's
completed or CP facility and the facility described in Appendix B for
that station, such station may continue operating its licensed facility
or continue constructing its CP facilities. If major differences exist
between a station's completed or CP facility and the facility specified
in Appendix B for that station, and the station has not filed a
petition for reconsideration and fails to promptly seek changes to
Appendix B according to the procedures set forth above in paragraph 9,
the station may be subject to enforcement action.)
139. Third, there are some stations that already have a license to
operate or a CP to construct their post-transition channel that matches
the facility specified in the new DTV Table Appendix B for that
station. These stations do not need to file any additional CP
applications. These stations are building their post-transition
facilities on the CPs granted for pre-transition operation. Once these
stations have completed construction and have begun operating pursuant
to program test authority, they must file an application for a license
to cover (FCC Form 302).
1. Expedited Processing
140. As we stated in the Third DTV Periodic Review NPRM, it is each
station's responsibility to ensure that it can begin operations on its
post-transition channel upon expiration of the deadline for the
transition on February 17, 2009. To ensure that they meet this
deadline, stations should file their applications as soon as possible
in order to have the maximum time to order equipment and build their
facilities. In order to provide further incentive for stations to
timely file applications for their post-transition facilities, we
hereby adopt our proposal to provide expedited processing for certain
stations that timely apply for a construction permit to build their
post-transition channel. Specifically, we will provide expedited
processing (generally within 10 days) to a station whose application
demonstrates all three of the following requirements:
(1) The application does not seek to expand the station's
facilities beyond its final post-transition DTV Table Appendix B
facilities; (Applications for such expanded facilities will be
processed as quickly as possible after processing is completed for
stations eligible for expedited processing.)
(2) The application specifies facilities that match or closely
approximate the DTV Table Appendix B facilities (i.e., if the station
is unable to build precisely the facilities specified in the new DTV
Table Appendix B, then it must apply for facilities that are no more
than five percent smaller than its facility specified in Appendix B
facilities with respect to predicted population); and
(3) The application is filed within 45 days of the effective date
of this Report and Order, pending OMB approval.
141. In general, the commenters agreed that expedited processing of
applications is important to ensure that stations can meet the
transition deadline. We find that setting an application filing
deadline for expedited processing of 45 days after the effective date
of this Report and Order will give stations time to prepare for these
filings. (We expect that the 45-day application deadline will coincide
with final OMB approval for revised FCC Forms 301 and 340. The Media
Bureau will issue a public notice announcing that the forms have been
approved and are ready for use, as well as the date by which
applications must be filed to take advantage of expedited processing.)
We anticipate that we will be able to process qualified applications
expeditiously, generally within 10 days of filing. We remind stations
that expedited processing does not necessarily mean that the
application will be granted. (The application still must satisfy the
criteria on Form 301 (or 340 for NCEs), as revised in this proceeding.
Stations that do not qualify for expedited processing will not
necessarily have their applications denied; rather, their applications
simply will not be processed on an expedited basis.) Applications that
receive expedited review but that are not readily grantable by the
Commission will require further action by the station. (To be eligible
for grant, the applicant must certify in the application that the
proposed facility: (1) Will not have a significant environmental
impact; (2) will serve the principal community of license; (3) will
provide necessary protection to radio astronomy installations and FCC
monitoring stations; and (4) has had its tower approved by FAA, if
necessary. See 47 CFR 73.622(f)(2) (checklist criteria). These criteria
must be met by all applications on FCC Form 301 and 340, including both
those eligible for expedited processing as well as those not eligible
for expedited processing.)
142. Some commenters proposed that we designate additional
categories of stations that would be eligible for expedited processing.
Specifically, APTS argues that we should provide expedited processing
to stations with Congressionally-authorized funding that is contingent
upon the receipt of a construction permit. In addition, West Virginia
Media Holdings suggests that we provide expedited processing to
stations moving to a different post-transition channel. We note that
the criteria and procedures we adopt today encompass a broader group of
stations than the categories identified by APTS and West Virginia Media
Holdings and will provide relief both to these stations as well as
others that may need expedited application processing.
143. A number of stations proposed that we further streamline our
procedures by adopting a one-step application process for certain
stations. For example, MSTV/NAB propose that, where the proposed
facilities conform to Appendix B, the Commission should not require a
construction permit application but instead should only require an
application for license. MSTV/NAB maintain that this proposal would
streamline the current ``two-
[[Page 5666]]
step'' construction permit/license process and would minimize
administrative burdens. Norwell Television LLC also proposes a ``one-
step'' licensing process for stations whose post-transition DTV
facilities are identical (in channel, location, height, and power) to
those specified in Appendix B. APTS proposes a similar measure. APTS
suggests that, for stations whose signal does not reach beyond the
service contour specified in Appendix B, the station should not be
required to file a modification application even if its facilities do
not precisely match those in Appendix B. APTS states that this
procedure would permit the Commission to focus its efforts on the needs
of stations changing channels and those that do not yet have
construction permits or licenses, and would prevent stations from
expending scarce resources to make unnecessary changes.
144. Upon careful consideration, we find that the procedures
suggested by MSTV/NAB, Norwell, and APTS pose more potential risk than
might be warranted by the potential benefit. Under these suggested
approaches, a station could make modifications to its final DTV
facility and begin operating that facility without prior authorization
from the Commission and then report the changes on its license
application. We continue to believe that the best policy is for a
station to first obtain approval of its modified facilities prior to
initiating operation. Otherwise, a station could modify its facility,
begin operating without prior approval, and cause harmful interference
to existing broadcast stations, stations in other services such as
mobile operations, and to medical devices. (Certain very minor changes
to television facilities may be reported on a license application but
none of the more complicated changes proposed by MSTV/NAB.) Although,
as MSTV/NAB reminds us, Congress amended section 319 to provide the
Commission with the discretion to allow for one-step licensing, we have
exercised this discretion and allowed this procedure only in cases
where the potential for interference was much smaller. For example, we
permitted one-step licensing for FM stations that were proposing to
reduce their power from a level previously authorized. Similarly, we
permitted one-step licensing in the Instructional Television Fixed
Service where the power levels involved were much lower and the
potential for interference much smaller. We do not find such factors in
this case. Furthermore, departing from our long-standing ``two-step''
process is not necessary in this case as it will not help to greatly
expedite the final DTV transition. If a station completes its final DTV
facilities pursuant to a previously-issued construction permit and
finds that it needs to make last-minute changes, that station may avail
itself of our expedited processing procedures and expect a quick
evaluation of its application. We find that the procedures we adopt
today will provide stations that need to make changes to their
facilities more than enough time to complete their final DTV facilities
even if last-minute corrective filings are necessary.
145. In response to the comments of Broadcasting Company of
Sarasota, we note that the Commission currently accepts electronically-
filed requests for STA through our CDBS database and will continue to
do so. (Like other requests for STA, these requests must be filed
electronically using the Informal Filings Menu of CDBS. As requests are
submitted, CDBS will automatically generate public notice of these
filings. For more information on Informal Filings in CDBS, please refer
to this web page: http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm.
) Generally, the Commission has notified stations of
action on their STA requests by mail; however, to speed the process as
suggested by Broadcast Company of Sarasota, we may also contact
stations by telephone or e-mail, with confirmation of Commission action
via entries in the station's CDBS records.
146. Finally, a number of commenters suggested that the Commission
expedite application processing by approving applications where the
proposed service contour does not exceed the contour predicted by the
Appendix B facility by more than a certain amount.
2. Program Tests/License To Cover CP
147. As we stated in the Third DTV Periodic Review NPRM, stations
must not commence program tests on their post-transition channels until
they are ready to begin post-transition operations under program test
authority. Stations that want to conduct program tests on their post-
transition facilities must comply with the Commission's rules and
coordinate with any affected stations prior to the time of testing.
Each station is responsible for determining which other stations may be
affected and coordinate accordingly. We expect that stations will work
together cooperatively to facilitate testing. Upon completion of the
construction of a television facility as authorized by a CP, a station
may commence program tests upon notification to the Commission,
provided that an application for a license to cover the CP for the
post-transition facility, on FCC Form 302, is filed within 10 days,
along with the appropriate fee. (Stations must comply with the terms of
their CP as well as the technical provisions of the application, or
rules and regulations, and the applicable engineering standards. We
remind stations that will be using Channel 14 for post-transition
operations that they must take special precautions to avoid
interference to adjacent spectrum land mobile radio service facilities
before commencing program testing. Where a TV station is authorized and
operating prior to the authorization and operation of the land mobile
facility, a Channel 14 station must attenuate its emissions within the
frequency range 467 to 470 MHz if necessary to permit reasonable use of
the adjacent frequencies by land mobile licensees. 47 CFR 73.687(e)(3).
A licensee on channel 14 may not commence program test authority
without specific Commission approval. See 47 CFR 73.687(e)(4)(ii)
(stating that such licensees must submit evidence that there will be no
interference to land mobile stations before the station will be
permitted to transmit programming on the new facilities).)
E. Expanding Facilities
148. We announce our intent to lift the freeze on the filing of
maximization applications on August 17, 2008, the date by which we
expect to have completed processing stations' applications to build
their post-transition facilities. Until this date, we will maintain the
freeze and will not accept maximization applications to expand
facilities. We will, nevertheless, consider requests to waive the
freeze before August 17, 2008 in certain specified situations to
provide for minimally expanded facilities where necessary to ensure
that stations can serve their existing television viewers with their
post-transition facilities, thereby meeting viewers' over-the-air
reception expectations after the transition date.
149. During the channel election process, stations defined their
post-transition facilities, deciding whether they would (1) replicate
their allotted facilities, (2) maximize to their currently authorized
facilities, or (3) reduce to a currently authorized smaller facility.
Stations, however, were not allowed to seek facilities that would
expand their coverage areas beyond that provided by their allotted
facilities or authorized by a license, CP or STA. The filing freeze
precluded such expansion to provide a stable database for developing
the post-transition DTV Table.
[[Page 5667]]
150. Maximization Applications. We adopt our tentative conclusion
in the Third DTV Periodic Review NPRM to not accept maximization
applications until we have processed all stations' post-transition
applications, as authorized by the post-transition DTV Table. We find
that we must first ensure that all stations can at least provide
digital service to their analog viewers by the transition date before
considering new maximization applications. Several commenters have
urged us to lift the freeze immediately and express concern about
investing in equipment without knowing if and when they can maximize.
In addition, they say that retrofitting their equipment later to
maximize could be prohibitively expensive, thereby potentially limiting
service to the public, particularly by public stations if they cannot
afford to maximize later. We find, however, that processing
maximization applications at this time would slow the resolution of
stations' applications to construct final DTV facilities. For example,
such applications could be mutually exclusive, which would result in a
delay of several weeks or months. This delay would prevent us from
resolving applications needed for stations to build their post-
transition facilities. In addition, we find that allowing stations that
are filing applications to construct post-transition facilities to
propose expanded facilities would also be unfair to stations that have
completed building their post-transition facilities and, therefore, are
not filing applications now but might also want to expand their
existing facilities. Therefore, before we consider maximization
requests, which may cause interference to viewers accustomed to
receiving service from particular stations, we conclude that we must
first establish the initial DTV landscape and preserve existing service
patterns to the extent possible.
151. Filing Freeze Waiver Policy. We adopt a waiver policy, based
on a proposal by MSTV/NAB (MSTV/NAB proposed that the Commission allow
stations returning to their analog channels to use their current
antenna pattern, provided the pattern does not exceed DTV Table
Appendix B coverage by 5 miles or cause more than 2.0 percent
interference to surrounding stations. MSTV proposed for stations to
have 12 months after February 17, 2009 to comply with the 0.5 percent
interference standard above DTV Table Appendix B levels.), that will
permit rapid approval of minor expansion applications filed by stations
that are not using their pre-transition DTV channel for post-transition
operation, provided the station demonstrates that such expansion:
(1) Would allow the station to use its analog antenna or a new
antenna to avoid a significant reduction in post-transition service
from its analog service area;
(2) Would be no more than five miles larger in any direction than
their authorized service area, as defined by the post-transition DTV
Table Appendix B; and
(3) Would not cause impermissible interference, i.e., more than 0.5
percent new interference, to other stations.
Many commenters requested this relief, arguing that such relief was
necessary to avoid a significant service loss to existing viewers. We
agree with MSTV/NAB that we should generally permit stations to expand
up to five miles in any direction beyond their authorized service area.
While we generally will not permit more than 0.5 percent new
interference, we will consider on a case-by-case basis allowing
stations to cause additional new interference if stations can
demonstrate that they need this additional flexibility to serve their
analog viewers. Consistent with our existing rules, we will also
consider on a case-by-case basis stations' negotiated interference
agreements provided these agreements are consistent with the public
interest.
152. We find that this waiver policy will allow added flexibility
for stations that wish to use their existing analog channel antenna,
which provides benefits for the successful completion of the transition
by reducing the demands on equipment suppliers and installation crews
during a critical time as the transition date nears. This waiver policy
addresses the concerns of those stations returning to their analog
channel that may face significantly reduced facilities if some minimal
expansion is not permitted. For example, Tribune and Allbritton argue
that many stations returning to their analog channels for post-
transition operation plan to use their analog antennas but face the
prospect of significant service losses because the ``unbuildable,
theoretical pattern'' in Appendix B does not match the analog antenna
pattern. As previously discussed, several stations that faced this
problem filed comments in our DTV Table proceeding. In the Seventh
Report and Order, we permitted these stations to change their 2004
certifications and, thus, revised these stations' post-transition DTV
Table Appendix B facilities to reflect their constructed final DTV
facilities. Many more stations have since filed petitions for
reconsideration of the Seventh Report and Order to obtain this same
relief. We expect that we can provide the same relief to most of these
stations as well. For those stations that cannot be fully accommodated
with a change to their post-transition DTV Table Appendix B facilities
(e.g., stations that failed to request reconsideration of their post-
transition DTV Table Appendix B facilities), we expect that this waiver
policy should address their situations. In addition, this waiver policy
should address many of the other concerns raised by commenters in
seeking exemption from the freeze. Applications filed to maximize
facilities pursuant to this waiver policy will not receive expedited
processing, but these applications will be processed before the freeze
is lifted and new maximization applications are accepted.
153. Filing Freeze to be Lifted August 17, 2008. We adopt the
proposal of MSTV/NAB and others to set a date certain that is before
the end of the transition for when we will lift the filing freeze and
begin accepting stations' applications to maximize post-transition
facilities and serve more viewers. Accordingly, we establish August 17,
2008 as that date. (We recognize that we cannot predict with absolute
certainty the date by which we will complete processing stations'
initial applications to build facilities authorized by the post-
transition DTV Table. While we believe this date represents a
reasonable estimate concerning the time it should take us to process
all the applications to permit stations to construct their final
facilities, we may adjust this date, earlier or later, as we get closer
to completing the processing of these applications. The Media Bureau
will announce the exact date the freeze will be lifted and the
associated terms and filing procedures.) By this date, we expect to
have completed processing all stations' applications for post
transition facilities and, therefore find that we could then provide
this opportunity for stations to expand their facilities and serve more
viewers, possibly before the transition date. We agree with MSTV/NAB
that establishing a date certain for lifting the freeze will assist
stations in their post-transition plans. It is clear from the comments
that many stations are eager to expand their facilities (beyond those
specified in the post-transition DTV Table Appendix B) to serve more
viewers. Stations' new channel assignments present them with new
opportunities to offer expanded DTV coverage, either because the
stations may be moving to a new channel that does not have the same
interference restrictions or because
[[Page 5668]]
other stations on adjacent channels may be moving away, thus
eliminating prior interference conflicts. We expect that lifting the
freeze six months before the transition date will enable many stations
to conserve resources by purchasing equipment that anticipates the
maximization of their facilities. Nevertheless, we will not accept
future maximization as an excuse from stations not to file applications
now nor to delay construction of their full, authorized facilities by
their construction deadline. No commenter objected to the proposals to
set a date to lift the freeze prior to the end of the transition.
154. Processing of Maximization Applications. Maximization
applications will be processed in accordance with our existing rules.
(We remind stations that applications for maximization filed before the
freeze is lifted will not be accepted for filing.) While we will accept
maximization applications after the freeze is lifted, such applications
may not be processed in time for stations to build these new maximized
facilities by their construction deadline. Stations with a pending
maximization application on file are warned that such filing will not
be considered a legitimate excuse for failing to build their full,
authorized post-transition (DTV Table Appendix B) facilities by their
construction deadline.
F. Post-Transition Interference Standards and Analysis Methodology
155. We are generally adopting the interference standards as
proposed in the Third DTV Periodic Review NPRM, with adjustments based
on the record. In brief, we adopt the following standards for
evaluating post-transition interference:
We will permit stations a limit of 0.5 percent new
interference in addition to that in the DTV Table Appendix B. We will
evaluate stations' applications to construct post-transition facilities
using an engineering criteria based requirement (limiting the predicted
interference that a station may cause to a protected station's service
population) instead of using a geographic spacing requirement.
We will discontinue the 10 percent cap on total
interference.
We will continue to evaluate requests for new DTV
allotments using the DTV-to-DTV geographic spacing requirements
contained in section 73.623(d).
For approximately a year after lifting the filing freeze,
we will protect all stations' DTV Table Appendix B facilities, after
which we will protect each station's new DTV Table Appendix B
facilities' coverage only until the station has a CP or license for its
post-transition operation, at which time we will limit its interference
protection to its authorized coverage area.
We will revise the OET 69 interference analysis
methodology to make the results more accurate and ensure consistent
methodology. Specifically, we adopt the use of 2000 census data for use
in all applications and we adopt a limited set of cell sizes, which
include 2 km, 1 km, and 0.5 km.
We will eliminate the 1 dB power reduction requirement for
UHF stations that use more than 1 degree of antenna beamtilt.
156. Interference Criteria for Applications. Commenters generally
agreed with our proposal to use engineering criteria instead of
geographic spacing for cases involving applications; however there was
widespread difference of opinion over how strict the criteria should
be. In the Third DTV Periodic Review NPRM, we proposed an absolute 0.5
percent interference standard for requests to modify post-transition
facilities. In the proposal, stations whose Appendix B allotments are
already predicted to cause more than 0.5 percent interference to
another station would not be allowed to expand beyond the amount of
interference that would be caused by their allotment.
157. A study by du Triel, Lundin & Rackley, Inc (dLR) found that 50
percent of all VHF allotments already cause more than 0.5 percent
interference and 40 percent of all VHF allotments already cause more
than 1.0 percent interference, so that an absolute 0.5 percent limit
would prevent many stations from expanding at all. MSTV/NAB noted that
a number of commenters argue that the FCC should apply the proposed 0.5
percent standard by using the DTV Table Appendix B facilities as a
baseline so that stations would be permitted to create no more than 0.5
percent additional interference beyond the level authorized in the DTV
Table Appendix B. MSTV/NAB support this approach on the grounds that it
will ensure that stations have sufficient flexibility to expand or
modify facilities, but will prevent substantial increases in
interference between stations. Several other commenters wrote that the
proposed 0.5 percent interference standard may be too strict and
proposed alternate standards. Upper Cumberland Broadcast Council (UCBC)
would permit up to 2 percent interference. Multicultural Television
Broadcasting (MTB) supports a limit of 1 percent with no rounding and
the masking of other stations taken into account and asks that we
permit minor modifications where the increase in existing interference
is less than or equal to 0.1 percent. Khanna & Guill Inc. proposed an
alternative that would limit interference to small service areas to no
more than 1,000 people and to large service areas to no more than
50,000 people.
158. For purposes of the channel election process, the Commission
generally applied the 0.1 percent interference standard to minimize as
much as possible any interference as a result of a station moving to
its analog channel for post-transition operation, rather than remaining
on its pre-transition digital channel for post-transition service. For
stations that had to change channels for post-transition operation,
e.g., because their digital channel was out-of-core, we allowed up to
2.0 percent interference. We conclude that after the transition, the
stringent 0.1 percent standard for interference protection used to
facilitate the development of the post-transition DTV Table will no
longer be needed. In the post-transition environment, all stations will
have channels that will allow them to adequately serve their viewers.
We also find that it is now reasonable and desirable to afford stations
opportunities to modify their service areas to improve service to
viewers. We further recognize that in order to provide such
opportunities, stations will need the flexibility to cause a small
amount of new interference to neighboring stations. The interference
standard we proposed and are adopting in this Report and Order will
allow stations to request modifications to improve their service areas
that would cause a small amount of new interference to other stations.
We find that the benefits of improving station service in such cases
will outweigh the very small amount of additional interference that
will be permitted under the 0.5 percent standard.
159. In addition, we agree with the majority of commenters that new
interference under the 0.5 percent standard should be evaluated using
the DTV Table Appendix B allotments as a baseline in interference
calculations. In contrast, as indicated by the dLR study, an absolute
interference limit would preclude many stations from having the
flexibility to modify their facilities. Even increasing the absolute
interference limit to 1.0 percent as suggested by UCBC would still
preclude 40 percent of VHF stations from having such flexibility, and
using a higher interference limit would potentially subject stations to
large amounts of new interference. Therefore, to provide an opportunity
for at least modest modifications, we will allow stations to
[[Page 5669]]
cause up to 0.5 percent new interference, in addition to interference
reflected in the DTV Table Appendix B. Applying 0.5 percent to this
baseline of existing interference will provide the flexibility and
expansion sought by commenters that suggested allowing higher
interference levels. It would also effectively control the amount of
new interference that could be experienced by any one station. We find
this approach provides a reasonable balance between having sufficient
flexibility to expand and modify facilities while preventing
substantial disruption for viewers due to interference between
stations. We therefore adopt the 0.5 percent interference standard and
will apply it using the DTV Table Appendix B facilities as a baseline.
(We will neither amend nor replace the existing interference rules in
47 CFR 73.623, which will remain in effect to apply to any applications
for pre-transition digital facilities. Petitions for rule making and
applications for facilities that will operate after the end of the DTV
transition must comply with section 73.616, with respect to post-
transition operations, as well as with section 73.623, to the extent
they will be in operation prior to the transition. We will consider
whether to amend or eliminate the rule sections pertaining only to pre-
transition digital facilities in a later proceeding.)
160. We also proposed to discontinue the 10 percent cap on total
interference to a station from all sources, and instead proposed to
limit the total interference any station would receive from all sources
by requiring that stations already predicted to cause more than 0.5
percent interference to another station would not be allowed to
increase the interference they are authorized to cause to that station.
MTB concurs with this proposal. MSTV/NAB also submits that removing the
cap would contribute to making the interference standard ``simpler to
administer than the 2 percent/10 percent rule (which requires
consideration of the total amount of interference a station is
receiving from all sources).'' Since we are adopting the 0.5 percent
interference standard, which is significantly more protection than the
previous 2.0 percent standard, we find that the amount of new
interference that will be accumulated by any one station is minimal.
Removing the cap would also help those few stations in situations that
exceed the 10 percent interference level share the flexibility to
expand or modify their facilities. Therefore, as proposed, we will
discontinue the 10 percent cap on total interference.
161. Interference Criteria for New Allotments. As proposed, we will
use geographic spacing requirements as the standards for determining
the technical acceptability of channel use in evaluating rulemaking
petitions seeking new DTV channel allotments. While MSTV/NAB outlined
in their comments that changes to the table should be analyzed under
the 0.5 percent interference standard, as we said in the Third DTV
Periodic Review NPRM, information about actual transmitter site
locations and facilities are generally not available in rulemaking
proceedings. Without such information, valuations based on minimum
acceptable allotment facilities and the methodology for the analysis of
a petition using an engineering criteria standard would not reflect the
operation of an actual station and therefore would generally not be
meaningful. For these reasons we will continue to use the DTV-to-DTV
geographic separation requirements contained in section 73.623(d) of
the rules. After a new DTV allotment has been approved, we will
regulate the extent of interference by requiring applications for these
DTV allotments to comply with the same engineering criteria standards
we are proposing for all other DTV applications. (A new station would
be allowed to create no more than 0.5 percent new interference to any
station beyond the level of interference authorized by the allotment.)
162. Protection of DTV Table Appendix B facilities. As proposed in
the Third DTV Periodic Review NPRM, we will only protect stations' DTV
Table Appendix B facilities until stations have their CP or license for
their post-transition facility, at which time we will limit
interference protection to stations' authorized coverage area. (DTV
Table Appendix B has been used to provide all stations with post-
transition facilities. When a station applies for a CP to build the
post-transition facility authorized by Appendix B, or applies for its
license to cover the authorized post-transition facility it has already
built, then it will no longer be necessary or appropriate to protect
the Appendix B facility. As noted above , for many stations, DTV Table
Appendix B represents the hypothetical facility that produces its
certified service area. When a station applies for the construction
permit to build its facility, it may need to vary the parameters listed
on Appendix B to construct the actual facility, for example to reflect
an achievable directional antenna pattern or to locate the antenna at a
height on the tower where mounting is possible. In addition, in some
cases, we will allow stations to expand their facilities beyond
Appendix B. Thus, over time, many stations' facilities will no longer
match the DTV Table Appendix B facility.) However, to avoid penalizing
stations that apply for reduced facilities so as to not violate the
freeze, we will continue to protect the DTV Table Appendix B facilities
of stations until roughly one year after the date we intend to lift the
filing freeze. (The Media Bureau will issue a public notice
establishing the exact date, which may be earlier if appropriate.) We
received very few comments directly on this point, but MSTV/NAB
mentioned that it is appropriate for the Commission to give stations
one year to complete their final facilities, and that during that year
we should provide protection to stations' allotted facilities. New
allotments as discussed in the previous paragraph will only be
protected until a CP is granted for the new station. When applying the
0.5 percent new interference standard described above, we will continue
to rely on the applicant's Appendix B or new allotment facility as a
baseline for determining how much new interference the station may
cause and avoiding cumulative applications of the 0.5 percent standard.
When determining the amount of interference an applicant causes to
other stations, we will use the protected stations' service areas based
on their construction permits, licenses or new allotments as described
in this paragraph.
163. Changes to Interference Analysis Methodology. We will adopt
changes to our DTV interference analysis methodology to make the
results more accurate and ensure consistent methodology. In the Third
DTV Periodic Review NPRM, we proposed to evaluate compliance with the
interference standard using the Office of Engineering and Technology's
OET Bulletin No. 69 (``OET 69'') methodology, but using 2000 census
data as was done during the channel election process. We sought comment
on whether other changes to the OET 69 methodology were necessary. As
an example, we proposed allowing the use of specific ``cell'' sizes
smaller than the 2 kilometers per side cell size specified as the
default in OET 69. We also sought comment on a proposal to use variable
desired-to-undesired (``D/U'') interference ratios to better analyze
situations where adjacent-channel transmitters are to be located inside
a desired station's noise-limited service contour. Commenters also
raised questions about the use of real vertical antenna patterns and
beamtilting.
164. As proposed, we adopt the use of 2000 census data for use in
all
[[Page 5670]]
applications. Few commented on the issue, but those commenters that did
were supportive of the proposal. This will result in more accurate
modeling of the current population covered by DTV stations.
165. We also adopt use of specific smaller cell sizes for the
Longley-Rice analysis as described in OET 69. Commenters were divided
on the issue of the use of smaller cell sizes. As we explained in the
Third DTV Periodic Review NPRM, we have generally allowed applicants to
specify analysis based on cells that are smaller because such analysis
is arguably more accurate. We understood that some applications had
been based on evaluating many possible smaller cell sizes until the
desired result was obtained. Such ``shopping'' for advantageous cell
sizes does not improve the accuracy of the evaluation. (For example, if
an application would fail based on 1.0 km cells but passes based on 1.5
km cells, the applicant would request evaluation based on the 1.5 km
cell size.) dLR, for example, would permit the use of any cell size.
Others, like MSTV/NAB and Khanna, would allow the use of some smaller
cell sizes, but establish constraints as to what sizes are allowed.
Khanna proposed a uniform use of 1 kilometer per side cells, which
would avoid disputes over differing methodology. Establishing a minimum
cell size of 1 kilometer per side, according to MSTV/NAB, would
``discourage shopping for advantageous cell sizes.'' While we recognize
the concerns about shopping for advantageous cell size, we also would
prefer to preserve the option to use alternative cell sizes that has
been available over the course of the DTV transition. In this regard,
our experience is that this option has generally not been abused. We
do, however, find that it would simplify the process to specify a
limited set of cell sizes; this would seem to better limit any size
``shopping'' that might occur. Therefore, we adopt a limited set of
cell sizes: 2 km, 1 km, and 0.5 km. Adopting this method will allow for
more accurate showings of DTV coverage based on smaller cell sizes,
while discouraging the practice of ``shopping'' for cell sizes, which
doesn't contribute to improved accuracy.
166. Vertical Patterns. We will retain the existing OET 69 vertical
antenna pattern and not make changes in the vertical patterns at this
time. Vertical antenna radiation patterns are descriptions of antenna
gain at various angles above and below the horizon. Several commenters
asked us to modify the way in which vertical antenna patterns are
considered. Currently, OET 69 specifies a standard vertical antenna
pattern that is used for each station, regardless of the actual
characteristics of the station's antenna. Some commenters noted that
allowing the use of actual vertical patterns would result in more
accurate modeling of station coverage, and possibly more efficient use
of the TV spectrum. Meredith Corporation notes that stations are
required to submit vertical pattern information when applying for a CP,
but that the data is not used when calculating the service area of the
application. AFCCE recommends that actual vertical patterns and
beamtilt be considered for modifications and new authorizations when
calculating outgoing interference. Changing the interference analysis
at this time would demand time and resources when we must process and
grant a large number of applications as quickly as possible. Therefore,
we will continue to rely on the existing OET 69 standard vertical
antenna pattern for applications filed now for post-transition
facilities. We expect, however, to revisit this issue in the future.
167. Beamtilting Penalty. We are eliminating the 1 dB power
reduction requirement for UHF stations that use more than 1 degree of
antenna beamtilt. This rule was introduced in February 1998, when we
initially limited maximization requests by UHF stations to 200 kW ERP.
The rule allowed UHF stations to increase power up to a maximum of 1000
kW provided beamtilting techniques were employed so that the field
strengths at the outer edge of the stations service area were no
greater than would exist if the station were operating at its assigned
DTV power. The rule also required that the field strengths at the edge
of the service area be calculated assuming 1 dB of additional antenna
gain over the pattern specified by the manufacturer. Later that year,
we ruled that all UHF stations could request an increase in power up to
1000 kW ERP provided they met the de minimis rules in section
73.623(c)(2) of the rules, and did not require beamtilting be employed.
AFCCE suggested that the 1 dB penalty be rescinded to permit stations
to employ large beamtilts and higher ERPs. Tribune states that ``once
the 200 kW power cap was effectively eliminated * * * there was no need
for the 1 dB penalty to discourage stations from using the beamtilting
exception to evade the 200 kW power cap.'' We agree and find that the
rules under 73.622(f)(4) are outdated and should be amended. We note
that stations may use section 73.622(f)(8) to increase their power
above 200 kW. Sections 73.625(b)(2) and 73.625(c)(1) address how
beamtilting can be used. Through the use of these rules, the effect of
73.622(f)(4) can be accomplished without the 1 dB penalty. We will,
therefore, amend section 73.622(f)(4).
168. Variable D/U Ratios. In the Third DTV Periodic Review NPRM, we
sought comment on whether to adopt variable desired-to-undesired (D/U)
interference ratios in situations where adjacent-channel transmitters
are proposed to be located inside a desired station's noise-limited
service contour. MSTV/NAB submitted that consideration of this issue
would be best addressed in our DTS proceeding. We find that the
comments submitted in this record do not provide an adequate basis on
which to make a decision to retain the current D/U ratios or to change
them. We can address this topic in a future proceeding if parties
submit data and arguments demonstrating a need for revising our current
rules.
169. Channel 51. In ex parte comments, Cohen, Dippell and Everist,
P.C. request the Commission to clarify the extent to which any Wireless
Communications Services (``WCS'') that will operate in the spectrum
currently designated as TV/DTV Channel 52 will offer interference
protection to future DTV services offered on Channel 51. (The
commenters cited to 47 CFR 27.60 as the basis for their comment. This
rule states that ``transmitters in the 698-794 MHz and 776-794 MHz
frequency bands must be operated only in accordance with the rules in
this section to reduce the potential for interference to the public
reception of the signals of existing TV and DTV broadcast stations
transmitting on TV channels 51 through 68.'' They point out that the
``existing'' language implies, or might lead any future WCS auction
winner to expect, that a WCS would not have to protect any future
channel 51 station that was not ``existing'' as of the date of the DTV
transition. We note that Section 27.60 applies to transitional
operations, prior to the completion of the digital transition on
February 18, 2009. There will be no such television broadcast stations
operational on Channels 52 through 68 after the transition.) In the
Second DTV Periodic Report and Order we stated that wireless and other
operators on channel 52 must provide the interference protection
prescribed in the Lower 700 MHz Report and Order to all broadcasters on
channel 51, including any that may commence operation after the auction
of adjacent channels in the 52-58 band, and we further stated that use
of channel 51 for broadcast purposes should not be
[[Page 5671]]
restricted in order to protect operations on channel 52, even if those
operations predate the commencement of operations on channel 51. We
reiterate and emphasize that this policy has not changed, and we will
ensure that expanded operations by current channel 51 licensees and new
channel 51 allotments will remain protected.
G. Coordination With Cable Operators, Satellite Systems, and Other MVPD
Providers
170. We establish no new rules governing the coordination of
broadcasters and MVPDs, but remind all parties of their existing
obligations, and observe that some coordination issues must be resolved
in other dockets. As we recognized in the Third DTV Periodic Review
NPRM, the transition to digital television necessarily involves
coordination with Multichannel Video Programming Distributors
(``MVPDs''). No commenter disagreed, and indeed few commenters spoke to
these coordination issues. Those who did generally assured the
Commission that both coordination and the actual transition to digital
signal reception are underway. Therefore, as a general matter, Cox
Broadcasting's suggestion that the parties will coordinate
independently is well taken. There remain, however, a few coordination
issues that we need to specifically address.
1. Transition Status Filings
171. As discussed above, we adopt the requirement that broadcasters
file a Transition Status Report (Form 387) with the Commission no later
than February 18, 2008, and we will make the information from those
forms publicly available. Broadcasters may also report their
coordination efforts with MVPDs in their transition status reports.
This information collection and availability is in line with that
supported by a number of commenters, including NCTA. NCTA argues that a
wide range of information must be available to ``provide adequate lead
time for cable operators to make technical modifications at cable
headends, conduct tests, and provide timely notice to customers of
channel changes and any other changes in their service.'' These reports
will provide a base of common information that broadcasters and MVPDs
can look to in their voluntary coordination efforts, and will allow
time for the resolution of those efforts. Reports filed with the
Commission are, however, no substitute for direct communication between
broadcasters and MVPDs and we strongly encourage active coordination
between them.
172. Although NAB and MSTV propose that MVPDs themselves file
Transition Status Reports similar to Form 387, they do not elaborate on
this proposal. We find insufficient support in the record for imposing
this filing because it would provide information that is already
generally available. NAB and MSTV also propose that MVPDs be required
to register their headends and contact information, such that it will
be available to broadcasters who wish to coordinate carriage issues. As
noted above, we strongly support active coordination between the
parties, and urge broadcasters to directly contact the MVPDs that carry
their stations if they require specific information from MVPDs to
ensure a successful transition. We also remind cable operators in
particular of their existing requirement to notify all stations carried
pursuant to must carry at least 60 days prior to any change in the
designation of their principal headend. Furthermore, contact
information for cable operators is already widely and publicly
available through the FCC Cable Operations and Licensing System
(``COALS''). Broadcasters can access this information online at any
time. (COALS is a publicly accessible online database that contains
extensive information about cable operators. Cable operators are
required to maintain updated contact information with the Commission.
See 47 CFR 76.1610. This information can be found online at: http://www.fcc.gov/coals.
Contact information for a group of operators can be
most easily accessed by selecting ``Cable Search'' from the bar on the
left, choosing the relevant state from the ``Community State'' drop
down box, and choosing ``Community Registration'' from the ``Type of
Filing'' drop down box. The search can be narrowed by entering
additional information, such as the name of the community in which the
cable system is located or the name of the cable system.) We are
unaware of any problem broadcasters have had in contacting MVPDs, and
NAB and MSTV do not provide any such examples. Therefore, we decline to
adopt an MVPD transition status report requirement at this time. We do
urge broadcasters and MVPDs to report to the Media Bureau any specific
difficulties with their coordination efforts, and we will take
appropriate action against any party that consistently declines to
actively coordinate on transition issues.
2. Cable Coordination
a. Timing of Transition
173. The Commission's primary concern in this process is to ensure
that the entire viewing public, those who watch broadcast stations on
cable as well as those who watch them over the air, is able to view
these signals as easily on February 18, 2009 as they can today. We
remind cable operators that they have an obligation to carry digital
must-carry signals, and to have reception equipment operational to
receive those digital signals that go on the air on February 18, 2009.
Furthermore, we remind them of their carriage obligations regarding
digital-only stations established in the First DTV Must Carry Order.
Stations that currently broadcast only a digital signal or that turn
off their analog signal prior to February 17, 2009, in accordance with
the policies and procedures adopted in this Report and Order are
entitled to mandatory carriage on cable systems. Similarly, we remind
broadcasters that they are obliged to provide the cable operator with a
good quality signal and, if they choose not to rely on over the air
transmission, it is their obligation to contact the operator and
resolve any issues necessary to provide the signal in an alternative
manner. (The signal may be provided in any manner chosen by the
broadcaster, so long as its cost is borne by the broadcaster.)
b. Signal Quality Standard
174. The Commission has previously established that, for cable
companies, a ``good quality digital signal'' is one that provides a
signal strength at the headend equal to -61 dBm. For purposes of
clarity, we find that it is now advisable to adjust section 76.55 of
our rules to conform to these requirements established in 2001. Two
broadcast commenters expressed concerns that stations could lose
carriage rights for a full election cycle because of a temporary
reduction in signal strength or area during their digital build-out.
UNC proposes that the Commission impose an interim quality standard,
presumably requiring lower signal strength to qualify. Norwell suggests
that, where the predicted digital signal strength is at least as high
as the analog signal it is replacing, the MVPD be required to carry the
digital signal. We decline to adopt these proposals. When the
Commission adopted the -61 dBm standard for cable carriage, analysis
indicated that it was the strength ``necessary to provide a good
quality digital television signal at a cable system's principal
headend.''
[[Page 5672]]
Neither commenter provided evidence to refute that finding. If a
broadcast signal is not delivered in good quality, it can not be
carried in good quality, and carriage of a low quality signal mars the
viewing experience, which in turn discourages viewership, and is thus
harmful to the broadcaster by reducing advertising revenue. It may also
be harmful to the MVPD by undermining subscribers' perception of the
quality of the programming offered by the operator and by increasing
complaint calls and the likelihood that a customer will seek
alternatives to their current MVPD. Broadcasters, MVPDs, and viewers,
therefore, all benefit from delivery and carriage of clear, high
quality signals. We also acknowledge the concerns of these
broadcasters, and remind MVPDs that they are responsible for carriage
as soon as a good quality signal is delivered.
3. DBS Coordination
175. We reiterate that MVPDs must work with broadcasters to ensure
a smooth transition, and direct the parties to the DBS Carriage
proceeding, MB Docket No. 00-96, where the final rules governing
satellite carriage of digital broadcast signals will be adopted.
(Although signal strength requirements for the delivery of digital
signals to satellite receive facilities have not been finalized, we
remind DBS providers of their obligation to carry local broadcast
stations that provide a ``good quality signal.'' See 47 CFR 76.66(g).)
Both DIRECTV and EchoStar filed comments regarding the timing of the
transition. DIRECTV states that it is already carrying a number of
stations' digital signals, and offers to work with any broadcaster that
is currently providing and will continue to provide a good quality
digital signal to its local receive facility, even if that station is
not currently being carried by DIRECTV. We note that 95 percent of
stations are currently on the air with a digital signal. Nevertheless,
a number of stations may not provide their post-transition digital
signal to headends and receive facilities until the conclusion of the
transition. We remind broadcasters of their obligation to provide a
good quality signal, and therefore their obligation to coordinate the
delivery of that signal, for example by coordinating with DBS and other
MVPD operators during program test periods prior to February 17, 2009.
EchoStar proposes that, for any station that does not make its digital
signal available prior to February, 2009, MVPDs be given additional
time to incorporate that signal into their system. We decline to adopt
EchoStar's proposal.
4. Private Cable Operators and Master Antenna System Providers
176. In the Third DTV Periodic Review NPRM, we asked for comments
from private cable operators (``PCOs'') (also known as Satellite Master
Antenna Television or ``SMATV'' providers) and master antenna system
providers regarding steps they are taking to ensure that their
subscribers and residents will continue to receive local broadcast
stations after the termination of over-the-air analog broadcast signals
from full power stations. We received comments from the Independent
Multi-Family Communications Council (IMCC), the PCO trade association,
and agree with IMCC that it may be necessary for these operators to
update their systems prior to the 2009 transition date. We support
IMCC's proposed efforts to educate PCOs nationwide, and appreciate
their efforts to keep their membership fully informed on this important
issue. We note that viewers who rely on PCOs or master antenna systems
will also need to be informed of the equipment they will need to
continue viewing broadcast television after February 17, 2009.
177. PCOs provide cable service on private property, and do not
cross public rights of way. Typically they serve multiple dwelling
units (``MDUs'') and private residential communities, such as
condominiums and homeowner associations. PCOs generally provide local
TV broadcast signals to the residents/subscribers via one of four
methods. The first alternative is to contract with a DBS provider that
is providing local-into-local service, set up a DBS dish in a central
location (e.g., the roof), and then remodulate the digital satellite
signal into analog for distribution to residents/subscribers. The
second alternative is for PCOs to set up satellite receivers for each
local broadcaster, with an analog RF modulator for each program, and
then combine the modulator outputs into a single cable for residents/
subscribers. The third alternative is to provide a local digital
broadcast package to residents/subscribers via a digital headend signal
processor. Finally, the PCO can set up one or more over-the-air receive
antennas and either simply pass the signal along to residents/
subscribers or, more commonly, run it through an analog processor to
provide a constant signal strength for residents/subscribers. Operators
of master antenna systems (e.g., a landlord or condo association)
provide one or more receive antennas and deliver local over-the-air
television signals free of charge to residents, and generally also have
an analog processor to ensure a constant signal strength.
178. After the digital transition, PCOs who rely on the first or
second alternatives will not need to make any changes. The satellite
signal or signals will continue to be received in digital and can
continue to be remodulated into analog for the residents/subscribers.
If this alternative is used, however, there will be no digital signals,
including high definition signals, available to the residents/
subscribers, although they will all continue to receive television
service without buying new equipment. PCOs under option three are
already relying on an all-digital headend and distribution network, and
will face no changes after the transition because all equipment on the
system, including residents/subscribers' television receivers, is
already capable of receiving, conveying, and displaying digital
signals. PCOs who rely on local receive antennas will have two options,
the same as those confronting operators of master antenna systems.
First, they could use a digital-to-analog converter on all over-the-air
signals to convert the digital broadcast signal to analog before being
retransmitted to residents/subscribers, who will therefore be able to
continue to rely on their existing television equipment. This solution
results in the same problem faced by DBS subscribers, however; all
residents/subscribers will receive television programming, but none
will receive a standard or high definition digital signal. The other
alternative is to retransmit the signal in digital format. In this
case, residents/subscribers have access to the full benefits of the
digital transition, but only if they have digital equipment. We
recognize that some residents/subscribers may think of themselves as
``cable subscribers,'' and therefore expect that the DTV transition
will have no impact on their service, based on the Commission's recent
decision ensuring continued viewability of stations carried on cable.
This problem can be largely ameliorated by proper education efforts by
PCOs and MATV operators. In addition the OTA digital signal provided by
PCOs will be processed, but not remodulated; therefore, off-the-shelf
digital-to-analog converters, including those that will be available as
part of the NTIA converter box coupon program, can be used by
residents/subscribers with analog equipment to view the signal.
[[Page 5673]]
H. Other Issues
1. DTV Transmission Standard (ATSC A/53)
179. We adopt our proposal in the Third DTV Periodic Review NPRM to
update section 73.682(d) of the rules to reflect the latest revisions
to the ATSC DTV transmission standard, A/53, since the Second DTV
Periodic Report and Order. Accordingly, we will incorporate into
section 73.682(d) by reference the latest version of the DTV
transmission standard A/53: ATSC Digital Television Standard, Part 1-
6:2007 (``A/53:2007''). We will continue to encourage further
improvements to the DTV standards and conduct additional rulemakings,
as appropriate, to incorporate future updates of the ATSC DTV
transmission standard into our rules.
180. We find that it is desirable and appropriate to update section
73.682(d) of the rules to specify the use of the latest version of this
ATSC DTV transmission standard, A/53:2007. All commenters on this issue
support the adoption of the latest version of the standard into our
rules. The ATSC notes that it has made further changes to its DTV
transmission standard since the release of the Third DTV Periodic
Review NPRM. Specifically, ATSC partitioned the standard into six parts
to facilitate future ``changes and enhancements'' and encourages the
Commission to adopt the newest version into the rules. We note that the
A/53:2007 version of the standard does not differ from the A/53-E
version that was mentioned in the Third DTV Periodic Review NPRM, other
than these organizational changes.
181. The A/53:2007 version of the standard differs from the
previously used standard, A/53-B, in several respects. First, A/53:2007
includes the specifications for, but does not require, Enhanced 8-VSB
(``E8-VSB'') for terrestrial broadcast. E8-VSB enables Enhanced
Services, which allow broadcasters to allocate the base 19.39 Mbps data
rate between Main Service data and Enhanced Services data. Enhanced
Services data is designed to have higher immunity to certain channel
impairments than Main Service data, but Enhanced Services data is
delivered at a reduced information rate selected by the broadcaster
from the specified options. A/53:2007 further describes the coding
constraints that apply to the use of the MPEG-2 systems specification
in the DTV system, including mandatory main and optional enhanced
services. It also improves the Active Format Description (``AFD'')
specifications by revising and clarifying the relevant standards.
182. Given these advantages, we find that updating the rules with
the latest version of the ATSC DTV transmission standard today will
benefit both broadcasters and consumers by allowing broadcasters the
flexibility to offer new technological services. We cannot, however,
establish Harris' proposed streamlined approach to automatically update
our rules when ATSC updates its standards.
2. Active Format Description (AFD)
183. We will not require broadcasters to use AFD. Broadcasters that
choose to use AFD, however, must adhere to the ATSC DTV transmission
standard A/53:2007. Although the latest ATSC DTV transmission standard
does not require the use of AFD, we sought comment in the Third DTV
Periodic Review NPRM on whether to require AFD when the active video
portion picture does not completely fill the coded picture. All
commenters on this issue agree that AFD should remain voluntary.
184. We agree with commenters that it would be premature to require
mandatory broadcaster use of AFD, given that the standard is relatively
new and has not yet been required through the ATSC standard. We do,
however, encourage television manufacturers to implement the SMPTE
standard and CEA-CEB16 into their TV sets, which will better allow
broadcasters to take advantage of tools such as AFD to ensure that
viewers receive a signal that is optimized for their TV set. We find
that these voluntary, industry driven efforts are sufficient and, thus,
will not require broadcasters to use AFD until such time that AFD data
can be consistently deployed by manufacturers and content providers,
and received by the public. For example, we recognize that not all
content providers now uniformly provide AFD data to broadcasters.
Moreover, not all consumers are equipped to obtain the benefits of AFD.
We will monitor and may revisit it when more content providers provide
AFD data to broadcasters and when more consumers obtain DTV receiving
equipment that could pass through the AFD data to them. We expect that
broadcasters will have an incentive to use AFD to make their
programming attractive to viewers when they are ready and able to do
so. We note that we will address the issue raised in comments
concerning requirements that certain MVPDs pass through AFD data to
their subscribers. This issue is raised in the Third Further Notice of
Proposed Rule Making in the DTV Must Carry proceeding.
3. Program System and Information Protocol (``PSIP'') Standard
185. We adopt our proposal in the Third DTV Periodic Review NPRM to
update section 73.682(d) to reflect the latest revisions to the ATSC
PSIP standard since the Second DTV Periodic Report and Order.
Accordingly, we will incorporate into section 73.682(d) by reference
the latest version of the ATSC PSIP standard A/65C into our rules. The
record supports updating our rules to reflect the latest version of the
ATSC PSIP standard, which includes additional benefits such as updated
Event Information Tables (``EITs''). We find that the updated ATSC PSIP
standard enhances consumers' viewing experience by providing detailed
information about digital channels and programs, such as how to find a
program's closed captions, multiple streams and V-chip information. We
agree with the commenters that the benefits of the updated ATSC PSIP
standard to both broadcasters and consumers outweighs any additional
burden placed on broadcasters. (Notably, we received no comments to our
inquiry about the potential burden that compliance with the updated
PSIP standard would place on broadcasters, and in particular small
broadcasters.) We recognize, however, that it may take time for
broadcasters to implement the new ATSC PSIP standard. Therefore, in
order to give broadcasters adequate time to come into compliance, this
requirement will take effect 120 days after publication in the Federal
Register.
186. PSIP data is transmitted along with a station's DTV signal and
provides DTV receivers with information about the station and what is
being broadcast. PSIP data provides a method for DTV receivers to
identify a DTV station and to determine how a receiver can tune to it.
For any given station, the PSIP data transmitted along with the digital
signal identifies both its DTV channel number and its analog channel
number (referred to as the ``major'' channel number), thereby making it
easy for viewers to tune to the station's DTV channel even if they only
know the station's major channel number. In addition, PSIP data tells
the receiver whether multiple program streams are being broadcast and,
if so, how to find them. It also identifies whether the programs are
closed captioned, conveys available V-chip information, and provides
program information, among other things.
187. The updated ATSC PSIP standard further enhances the PSIP
standard and support for delivery of data. This latest revision
requires
[[Page 5674]]
broadcasters to populate the EITs with accurate information about each
event and to update the EIT if more accurate information becomes
available. Under the previous version of the standard, A/65-B, many
broadcasters provide only general information in the EIT. For example,
a network affiliate may provide nothing more informative than ``network
programming'' as the descriptor for the majority of its program
offerings.
188. We expect broadcasters to fully implement PSIP to the extent
that ATSC A/65C requires, once the revised section 73.682(d) becomes
effective. We remind broadcasters of the need to be consistent at all
times and locations. For example, if a broadcaster transmits a program
in standard definition, the PSIP information should state that the
programming is being broadcast in standard definition, as opposed to
High Definition. In addition, the Transport Stream Identifier
(``TSID'') information should be consistent in the Terrestrial Virtual
Channel Table (``TVCT''), Program Association Table (``PAT'').
Moreover, when a program goes overtime, the station should update the
EIT. Proper implementation of the standard requires broadcasters to
populate the required tables and descriptors with the correct
information to help receivers assemble functioning guides. Adoption of
this standard also mandates completing tables and descriptors that
require one time setup to be set correctly, including TSID, Short
Channel Names, Service Type, Modulation Mode Source ID and Service
Location Descriptor. Also, broadcasters must accurately fill the
contents of the fields and the descriptors of each event descriptor
loop with the known information about each event at the time the event
is created and shall update each field if more accurate information
becomes available. The Commission will continue to monitor these issues
and act accordingly.
189. Finally, a couple of comments noted, in response to our
inquiry in the Third DTV Periodic Review NPRM, that PSIP information
may not be passed through to cable and satellite subscribers. (Digital
cable systems with activated channel capacity of 750 MHz or greater are
required to include in-band PSIP when available from the provider. 47
CFR 76.640(b)(1)(iv).) We will address such program-related PSIP issues
in our DTV Must Carry proceeding.
190. DTV Tuner Requirement. We take this opportunity to correct a
ministerial error to our rules regarding the DTV Tuner requirements for
television receivers and receiving devices. As noted above, the
Commission required in the 2005 DTV Tuner Order that ``responsible
parties equip television receivers with screens less than 13'' that are
imported into this country or shipped in interstate commerce on and
after March 1, 2007, with the capability to receive broadcast digital
television signals'' because we concluded that ``it would benefit
consumers and the purposes of the broadcast television service and its
transition to digital operation to require that receivers with screens
less than 13'' are able to receive digital signals on the same schedule
as other TV receiver products.'' We adopted these requirements through
the appropriate notice and comment procedures, and modified the
relevant section of our rules to show March 1, 2007, as the accelerated
deadline, but we inadvertently omitted to delete the exception created
by section 15.117(i)(2) for ``units with integrated tuners/displays
that have screen sizes measuring less than 7.8 inches vertically, i.e.,
the vertical measurement of a screen in the 4:3 aspect ratio that
measures 13' [sic] diagonally across the picture viewing area.''
Accordingly, we shall correct section 15.117(i)(2) by striking the
inappropriate language.
191. V-Chip Requirements: We also take this opportunity to conform
the V-Chip rule codified in the Code of Federal Regulations to the
modification of that rule adopted in the Second DTV Periodic Report and
Order. Section 15.120(b) of the Commission's rules requires that all TV
broadcast receivers with picture screens 13 inches or larger in
diameter comply with the V-Chip requirements. The codified rule
provides:
15.120 Program blocking technology requirements for television
receivers.
(b) Effective January 1, 2000, all TV broadcast receivers as
defined in section 15.3(w) of this chapter, including personal computer
systems meeting that definition, with picture screens 33 cm (13 in) or
larger in diameter shipped in interstate commerce or manufactured in
the United States shall comply with the provisions of paragraphs (c),
(d), and (e) of this section.
192. In 2004, the Second DTV Periodic Report and Order extended the
V-Chip requirements to DTV tuners, which are sold without an associated
display device, such as analog-to-digital converter boxes, DVD
recorders, and other nondisplay devices with DTV tuners. In addition,
the Second DTV Periodic Report and Order adopted measurement criteria
associated with the 16:9 aspect ratio for devices that include a
display. Specifically, the Second DTV Periodic Report and Order
provided:
Additionally, we are adopting our proposal to apply v-chip rules
to digital television receivers with displays in the 16:9 aspect
ratio that are 7.8 inches or greater in height. Furthermore, we are
requiring that v-chip technology be included in all digital
television receivers with integrated 4:3 displays measuring at least
13 inches diagonally. Similar to our requirements for closed caption
capabilities in digital television receivers, the rules will also be
applicable to DTV tuners which are sold without an associated
display device.
193. The Commission, however, did not make the corresponding
revisions to section 15.120(b) as codified in the CFR to reflect these
changes. We now make this adjustment to the codified rule to reflect
the revision adopted in 2004. We also correct the rule reference to
``diameter,'' which should have been ``measured diagonally'' in the
rules to conform with the description adopted in the V-Chip Order
(Technical Requirements to Enable Blocking of Video Programming Based
on Program Ratings, 63 FR 20131, April 23, 1998.)
194. These changes are permitted because they simply conform the
codified rule to the rule amendment adopted by the Commission in the
Second DTV Periodic Report and Order after notice and comment.
Therefore, we find ``good cause'' under section 553 of the APA for
making this conforming change because additional notice and comment is
unnecessary.
4. Fees for Ancillary and Supplementary Services
195. We hereby revise section 73.624(g) to include permittees
operating pursuant to an STA or any other FCC instrument authorizing
DTV transmissions that earn revenue from feeable ancillary and
supplementary services. As currently written, this rule refers to the
payment of such fees only by ``DTV licensees.'' In the Third DTV
Periodic Review NPRM, we sought comment on section 73.624(g) of the
Commission's rules, which requires DTV licensees to report whether they
have provided ancillary and supplementary services and, if so, pay a
fee of five percent of gross revenues derived from certain of those
services. We asked whether the Commission can and should revise its
rules to require that all DTV broadcasters should be subject to the
provisions of section 73.624(g). We did not receive any comments on
this issue.
196. The Telecommunications Act of 1996 (``1996 Act'') established
the framework for licensing DTV spectrum
[[Page 5675]]
to existing broadcasters and authorized the Commission to permit
broadcasters the opportunity to offer ancillary or supplementary
services consistent with the public interest. The 1996 Act also
required the Commission to establish a program to assess and collect
fees for certain ancillary or supplementary services. In 1999, the
Commission adopted rules implementing this provision. Section 73.624(g)
of the Commission's rules requires all ``[c]ommercial and noncommercial
DTV licensees'' to remit annually to the Commission a fee of five
percent of the gross revenues derived from feeable ancillary or
supplementary services. The Commission created FCC Form 317 to be filed
annually by DTV licensees to report whether they have provided
ancillary or supplementary services in the previous year and whether
any of the services provided were subject to a fee. (If a licensee has
provided feeable services during the 12 month period ending on
September 30, the licensee is required to remit the fee for such
services by December 1 of that year on FCC Form 159. 47 CFR
73.624(g)(2)(ii).)
197. The Commission has allowed some DTV stations to provide DTV
service pursuant to an STA. Because the Commission's rules apply the
fee requirement to ``licensees,'' however, stations operating pursuant
to an STA have not been filing Form 317 or paying fees on any feeable
services they might be providing.
198. Section 336(e) of the Act uses the term ``licensees'' in
directing the Commission to collect fees for ancillary or supplementary
use of a frequency. However, neither the statute nor the legislative
history suggest that the use of the term ``licensee'' was intended to
create a limited identifiable class of DTV broadcasters that would be
subject to the fee provisions of section 336(e). In addition, we note
that a primary goal of the legislation is: ``(i) To recover for the
public a portion of the value of the public spectrum resource made
available for such commercial use, and (ii) to avoid unjust enrichment
through the method employed to permit such uses of that resource.'' (We
revise FCC Form 317, accordingly.) The statute is silent on the precise
issue at hand, i.e., whether DTV broadcasters that are operating
pursuant to STA or other FCC authorization should similarly be required
to pay fees on revenues received in connection with feeable ancillary
or supplementary services. However, we conclude that the current
system, by excluding some broadcasters, limits the public's recovery
and thus unfairly advantages those who fall outside the scope of the
current rule. Accordingly, we will widen the class of broadcasters
included in Section 73.624(g) to better carry out our obligation under
Section 336(e) to ensure that the public recovers a portion of the
value of the public spectrum resource made available for commercial use
and avoid unjust enrichment of broadcasters that use that resource.
5. Station Identification
199. We revise our rules regarding station identification
requirements for digital stations in circumstances in which one of a
station's multicast streams is being used to air programming provided
by another broadcast station, such as a low power station, or another
programming source. In these situations, we will not require that the
source of the programming be identified by the station whose multicast
stream is being used to carry the programming. (Thus, if Station WYYY-
DT is using one of its multicast streams to carry the programming of
WXXX, WYYY-DT is not required to identify WXXX as the source of this
programming. However, both WYYY and WXXX must otherwise comply with the
station identification requirements in 47 CFR 73.1201 and must air
station identification announcements for programming being transmitted
by the station. Thus, for example, WXXX must air announcements with
respect to its transmissions in its local market.) However, if the
station whose multicast stream is being used to carry the programming
chooses to identify the station that is the source of the programming,
we will require that the following format be used:
Station WYYY-DT, community of license (call sign and community
of license of the station whose multicast stream is transmitting the
programming), bringing you WXXX, community of license (call sign and
community of license of the licensee providing the programming).
200. We invited comment in the Third DTV Periodic Review NPRM on
whether our current station identification rules for digital stations
provide sufficient clarity to broadcasters and viewers. We specifically
invited comment on whether the current rules provide for appropriate
identification of multicast channels, particularly in circumstances in
which one of a station's multicast streams is being used to air
programming provided by another broadcast station, such as a low power
station. While we received no comment on this issue, we find that it is
appropriate to revise our rules to enable stations that are sharing
their broadcast streams with other licensees to provide clear
identification of both the programming source (the station providing
the programming) and the station on whose multicast stream the
programming is transmitted. (Station identification is required only
for licensees and permittees. Other programming providers need not be
identified except as required by the sponsorship identification rules.
See 47 CFR 73.1212.) We are aware that stations are increasingly
sharing spectrum with other licensees and the Media Bureau receives
numerous informal requests for guidance regarding station
identification requirements in these circumstances. We find that the
approach we adopt today will provide for clear identification of
stations in situations in which a multicast station carrying
programming provided by another station chooses to identify that
station as the source of the programming. As stations transition to
digital format and provide multicast programming, thereby increasing
the number of program streams potentially available to the public,
clear identification of the station providing the programming viewers
are watching becomes increasingly important, both for the viewers and
for stations themselves.
201. Background. In 2004, the Commission established rules
generally requiring DTV stations to follow the same rules for station
identification as analog stations. Specifically, digital stations are
required to make station identification announcements, either visually
or aurally, at the beginning and end of each time of operation as well
as hourly. The identification must consist of the station's call
letters followed by the community or communities specified in the
station's license as the station's location. Stations may insert
between the call letters and the station's community of license the
station's frequency, channel number, name of the licensee, and/or the
name of the network, at their discretion.
202. A station choosing to include its channel number in its
station identification must use the major (analog) channel number.
(Thus, a broadcaster who operates an NTSC service on channel ``26'' and
a DTV service on channel ``27'' would use the major channel ``26'' in
station identification announcements.) The Commission adopted the ATSC
A/65B standard and noted that PSIP, which is part of that standard,
allows viewers to see a broadcaster's major channel number regardless
of the broadcaster's allotted frequency for its digital broadcast
channel. (This allows broadcasters to keep their existing channel
number in the digital world,
[[Page 5676]]
thereby assisting viewers who have come to identify these numbers with
particular broadcasters and preserving the investment broadcasters have
made in marketing these numbers.) The Commission permitted stations
choosing to multicast to include additional information in their
station announcements identifying each of the station's program
streams. (Thus, a station with major channel number 26 might have
channel 26.0 (NTSC program stream), channel 26.1 (HDTV), and 26.2
(SDTV). Stations may provide information in the station announcement
identifying the network affiliation of the program service (e.g.,
``WXXX-DT, channel 26.1, YYY (community of license), your QQ network
channel''). Stations simulcasting their analog programming on their
digital channel are permitted to make station identification
announcements simultaneously for both stations as long as the
identification includes both call signs (e.g., ``WXXX-TV and WXXX-DT'')
if it is intended to serve as the identification for both program
streams. Stations simulcasting the analog stream on the digital channel
may also do a shortened identification for both streams (e.g., ``WXXX-
TV/DT'').
203. Discussion. We hereby revise our station identification rules
for those stations that broadcast a multicast stream that airs
programming provided by another broadcast station and that choose to
identify the station that is the source of the programming. When a
station chooses to make such identification, we will require that the
following format be used: ``Station WYYY-DT, community of license (call
sign and community of license of the station whose multicast stream is
transmitting the programming), bringing you WXXX, community of license
(call sign and community of license of the licensee providing the
programming).'' The transmitting station may insert between its call
letters and its community of license the following information: The
frequency of the transmitting station, the channel number of the
transmitting station, the name of the licensee of the transmitting
station and the name of the licensee providing the programming, and/or
the name of the network affiliation for either station. Where a
multicast station is carrying the programming of another station and is
identifying that station as the source of the programming, using the
mandatory format described above, to avoid confusion the identification
should not include the frequency or channel number of the program
source.
VI. Final Regulatory Flexibility Analysis
204. As required by the Regulatory Flexibility Act of 1980 (5
U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq. has been amended by the
Small Business Regulatory Enforcement Fairness Act of 1996, Pub. L.
104-121, Title II, 110 Stat. 847 (1996).), as amended (``RFA'') an
Initial Regulatory Flexibility Analysis (``IRFA'') was included in the
Notice of Proposed Rulemaking to this proceeding (``Third DTV Periodic
Review NPRM''). The Commission sought written public comment on the
proposals in the Third DTV Periodic Review NPRM, including comment on
the IRFA. The Commission received no comments on the IRFA. This present
Final Regulatory Flexibility Analysis (``FRFA'') conforms to the RFA.
A. Need for, and Objectives of, the Report and Order
205. This Report and Order in the third periodic review of the
Commission's rules and policies affecting the conversion of the
nation's broadcast television system to digital television (``DTV'')
resolves issues necessary to complete this transition from analog to
DTV. The Commission conducts these periodic reviews in order to assess
the progress of the DTV transition and make any necessary adjustments
to the Commission's rules and policies to facilitate the introduction
of DTV service and the recovery of spectrum at the end of the
transition. In 2005, Congress mandated that, after February 17, 2009,
full-power television broadcast stations must transmit only in digital
signals, and may no longer transmit analog signals.
206. With the DTV transition deadline less than 14 months away, our
focus is now on overseeing broadcasters' construction of facilities
that will reach viewers in their authorized service areas by the time
they must cease broadcasting in analog. Specifically, this Report and
Order adopts rules to ensure that broadcasters meet their statutory
responsibilities and can begin operations on their final, post-
transition (digital) channels upon expiration of the February 17, 2009
transition deadline. The Commission wants to ensure that no consumers
are left behind in the DTV transition. The Commission recognizes that
the transition is a complex undertaking presenting many challenges to
the broadcast industry, and that some disruption of television service
may be unavoidable leading up to the analog turn-off. Therefore, the
Commission adopts rules to offer broadcasters regulatory flexibility,
while at the same time requiring broadcasters to maintain the best
possible television service to the public and meet viewers' over-the-
air reception expectations after the transition date.
207. The purpose of this Report and Order, generally, is to (1)
provide a progress report on the transition; (2) describe the status
and readiness of full-power television broadcast stations to complete
their transition; (3) adopt procedures and rule changes necessary to
ensure that broadcasters meet the statutory transition deadline and
complete construction of their final, post-transition facilities while
maintaining the best possible television service to their viewers; and
(4) address other issues related to the transition. Stations face many
challenges in order to be ready to make their transition by the
February 17, 2009 statutory transition deadline. Stations must focus
their full attention on constructing their final digital facilities
before they must cease analog operations.
208. The primary objective of this Report and Order is to ensure
that, by the February 17, 2009 transition date, all full-power
television broadcast stations (1) cease analog broadcasting and (2)
complete construction of, and begin operations on, their final, DTV
facility. In addition, the Report and Order offers broadcasters to the
extent possible regulatory flexibility to meet these goals.
209. Mandatory Termination of Analog Television Broadcasting. By
statute, after the February 17, 2009 transition date, all full-power
television broadcast stations must transmit only in digital signals,
and may no longer transmit analog signals. (Congress established
February 17, 2009 as the hard deadline for the end of analog
transmissions by full-power television broadcast stations. 47 U.S.C.
309(j)(14)(A). Congress has directed the Commission to ``take such
actions as are necessary (1) to terminate all licenses for full-power
television stations in the analog television service, and to require
the cessation of broadcasting by full-power stations in the analog
television service, by February 18, 2009; and (2) to require by
February 18, 2009, * * * all broadcasting by full-power stations in the
digital television service, occur only on channels between channels 2
and 36, inclusive, or 38 and 51, inclusive (between frequencies 54 and
698 megahertz, inclusive).'') This statutory mandate affords the
Commission no discretion to offer any regulatory flexibility to small
television broadcasters concerning the mandatory analog turn-off.
Rather, to implement this statutory mandate, the Commission must ensure
that all full-power
[[Page 5677]]
television broadcast stations cease analog broadcasting as of the
February 17, 2009 transition date.
210. Construction Deadlines for DTV Facilities. The Report and
Order sets deadlines for all full-power television broadcast stations
to complete construction of their final, post-transition (DTV) facility
in order to ensure that DTV stations will be providing service on their
final, post-transition channels by the February 17, 2009 transition
date. The Report and Order sets construction deadlines based on a
station's channel assignment for pre- and post-transition operation,
and other circumstances affecting the station's ability to complete
final, post-transition facilities. The Report and Order establishes the
following deadlines for full-power television broadcast stations to
construct their full, authorized post-transition (digital) facilities
(as defined in the post-transition DTV Table Appendix B): (1) May 18,
2008 will be the construction deadline for stations that will use their
pre-transition DTV channel for post-transition operations and already
have a construction permit that matches their post-transition (DTV
Table Appendix B) facilities; (2) August 18, 2008 will be the
construction deadline for stations that will use their pre-transition
DTV channel for post-transition operations, but do not have a license
or construction permit that matches their post-transition (DTV Table
Appendix B) facilities; (3) February 17, 2009 will be the construction
deadline for: (a) stations building digital facilities based on a new
channel allotment in the post-transition DTV Table, i.e., stations that
will be returning to their analog channel or moving to a new digital
channel for post-transition operations; and (b) stations demonstrating
that a unique technical challenge, such as the need to reposition a
side-mounted antenna, prevents them from completing construction of
their final DTV facilities.
211. The Report and Order also adopts rules and policies to limit
the situations in which stations may obtain more time to satisfy the
construction deadlines adopted for completion of final, post-transition
facilities. Stations with a construction deadline on or before February
17, 2009 must comply with the revised rule section 73.624(d).
Specifically, the revised rule section 73.624(d) no longer grants
stations additional time to construct because of equipment delays,
absent extraordinary circumstances. (The proposed rule would continue
to allow extension requests based on stations' inability to construct
because of delays in obtaining zoning or FAA approvals, or similar
constraints. 47 CFR 73.624(d)(3)(ii)(A).) The revised rule also
requires a stronger demonstration of financial hardship than is now
required. The revised financial hardship standard requires the licensee
or permittee of a station to show that it is (1) the subject of a
bankruptcy or receivership proceeding, or (2) experiencing severe
financial hardship, as defined by negative cash flow for the past three
years. Stations seeking an extension based upon financial
considerations under this new rule would either (1) submit proof that
they have filed for bankruptcy or that a receiver has been appointed,
or (2) submit an audited financial statement for the previous three
years. All such stations must submit a schedule of when they expect to
complete construction. As previously required, stations making such
requests must electronically file FCC Form 337. Stations with a
construction deadline occurring February 18, 2009 or later may only
obtain more time to meet their construction deadline under the tolling
standard set forth in section 73.3598(b) of the rules, which now
applies to DTV singletons, analog TV, and other broadcast services.
Stations must file a notification to inform the Commission of the
circumstances that it believes should toll its construction period.
Stations filing such notifications must do so electronically through
the CDBS using the Informal Application filing form (The proposed rule
would continue to allow extension requests based on stations' inability
to construct because of delays in obtaining zoning or FAA approvals, or
similar constraints. 47 CFR 73.624(d)(3)(ii)(A)).
B. Summary of Significant Issues Raised By Public Comments in Response
to the IRFA
212. There were no comments filed that specifically addressed the
rules and policies proposed in the IRFA.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
213. The RFA directs the Commission to provide a description of
and, where feasible, an estimate of the number of small entities that
will be affected by the rules adopted. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' small organization,'' and ``small government
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. (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 term
which are appropriate to the activities of the agency and publishes
such definition(s) in the Federal Register.'' 5 U.S.C. 601(3).) 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 SBA. (Application of the
statutory criteria of dominance in its field of operation and
independence are sometimes difficult to apply in the context of
broadcast television. Accordingly, the Commission's statistical account
of television stations may be over-inclusive.)
214. We adopt our tentative conclusion in the Third DTV Periodic
Review NPRM and find that only full-power television broadcast stations
will be directly and primarily affected by rules adopted in this Report
and Order. Although we also find that the rules adopted will not
directly affect Class A TV stations, low power television (``LPTV'')
stations and TV translator stations, it is still possible that these
entities may be affected by the rules adopted. We find, however, that
no other types of entities will be directly affected by the rules
adopted. (As noted in note 5 of the Report and Order, the statutory
transition deadline applies only to full-power stations. See 47 U.S.C.
309(j)(14) and 337(e). The transition timing for LPTV, translator and
Class A stations will be addressed in a separate proceeding.)
Therefore, in this FRFA, we consider the impact of the rules adopted on
small television broadcast stations. A description of such small
entities, as well as an estimate of the number of such small entities,
is provided below.
1. Entities Directly Affected By Proposed Rules
215. Television Broadcasting. The rules and policies adopted herein
apply to television broadcast licensees and potential licensees of
television service. The SBA defines a television broadcast station as a
small business if such station has no more than $13.0 million in annual
receipts. Business concerns included in this industry are those
``primarily engaged in broadcasting images together with sound.'' (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
[[Page 5678]]
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.) The
Commission has estimated the number of licensed commercial television
stations to be 1,376. According to Commission review of the BIA
Financial Network, MAPro Television Database (``BIA'') on March 30,
2007, about 986 of an estimated 1,374 commercial television stations
(or about 72 percent) have revenues of $13.0 million or less and thus
qualify as small entities under the SBA definition. (We recognize that
this total differs slightly from that contained in Broadcast Station
Totals. However, we are using BIA's estimate for purposes of this
revenue comparison.) The Commission has estimated the number of
licensed NCE television stations to be 380. We note, however, that, in
assessing whether a business concern qualifies as small under the above
definition, business (control) affiliations must be included.
(``[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).) 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. The Commission does not compile and
otherwise does not have access to information on the revenue of NCE
stations that would permit it to determine how many such stations would
qualify as small entities.
216. 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 small
businesses to which 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 be over-inclusive
to this extent.
217. Class A TV, LPTV, and TV Translator Stations. The rules and
policies adopted herein may 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
$13.0 million in annual receipts. Currently, there are approximately
567 licensed Class A stations, 2,227 licensed LPTV stations, and 4,518
licensed TV translators. 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
$13.0 million and thus may be categorized as small, except to the
extent that revenues of affiliated non-translator or booster entities
should be considered.
2. Entities Not Directly Affected By Rules
218. We adopt our tentative conclusion that the rules adopted
herein will not directly affect any other types of entities other than
full-power television broadcast station licensees and permittees. In
the Third DTV Periodic Review NPRM, we invited comment on this
tentative conclusion and, in particular, out of an abundance of
caution, we invited comment from any small cable operators, small
multichannel video programming distributors (``MVPDs''), or small
electronics equipment manufacturers who believed they might be directly
affected by the proposed rules. (MVPDs include such entities as Direct
Broadcast Satellite (DBS) providers, private cable operators (PCOs),
also known as satellite master antenna television (SMATV) systems, home
satellite dish (HSD) services, multipoint distribution services (MDS)/
multichannel multipoint distribution service (MMDS), Instructional
Television Fixed Service (ITFS), local multipoint distribution service
(LMDS) and open video systems (OVS).) We did not receive comments on
this issue. Because the rules adopted herein pertain only to full-power
television broadcast licensees and potential licensees of television
service, we find that these rules will not directly affect small cable
operators, small MVPDs, or small electronics equipment manufacturers.
We, thus, adopt our tentative conclusion that these entities fall
outside the scope of this FRFA. Accordingly, we do not discuss these
entities, which were listed in the IRFA.
D. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements
219. The rules and policies adopted by this Report and Order will
impose mandatory compliance and reporting requirements on full-power
television broadcast stations, including requiring that such stations:
(1) Must file a form with the Commission no later than February 18,
2008 detailing their current transition status and their plans for
completing their transitions by the statutory deadline, and must file
updates to these forms as necessary--and at a minimum by October 20,
2008--until they report the completion of their transition; (2) must
file an application for a new or modified construction permit for their
final, post-transition (DTV) facility, if the station does not have an
existing construction permit for such facility; (3) must file an
application for a license to cover their final, post-transition (DTV)
facility, if the station does not have an existing license for such
facility; (4) must populate, and update as necessary, the Event
Information Tables (``EITs'') in PSIP data with accurate information
about each event, in accordance with the current version of the ATSC
PSIP standard, A/65-C (PSIP data is transmitted along with a station's
DTV signal and provides DTV receivers with information about the
station and what is being broadcast); (5) must follow a specific format
if choosing to identify a licensee that it is transmitting on one of
its multicast streams; and (6) must file a notification to document
their status as a station facing a ``unique technical challenge''
(warranting a February 17, 2009 construction deadline), if they do not
file, or do not include such
[[Page 5679]]
information in, an application for post-transition facilities (Forms
301 or 340).
220. In addition, the rules and policies adopted in this Report and
Order will impose additional compliance and reporting requirements on
full-power television broadcast stations that choose to take advantage
of voluntary opportunities for regulatory flexibility offered by this
Report and Order. Because these voluntary requirements may afford small
television broadcast stations the opportunity for regulatory
flexibility and reduced burdens, they are discussed in section E. of
this FRFA. (To request various opportunities for regulatory
flexibility, stations would have to file applications with the
Commission. See, e.g., section V.I.B. of the Report and Order (listing
proposed information collections contained in the Report and Order).)
221. Transition Status Form. The Report and Order will require that
every full-power television broadcast station must file a form with the
Commission no later than February 18, 2008 that details (1) the current
status of the station's digital transition; (2) the additional steps,
if any, the station needs to take to be prepared for the transition
deadline; and (3) their timeline to meet the transition deadline. These
filings will be posted on the Commission's Web site. Stations must
update the form as events warrant and by October 20, 2008 if they have
reported the completion of their transition. These forms will assist
the Commission, industry, and the public in assessing progress and
making plans for the transition date. The form will provide information
on the status of each station's construction of final, DTV facilities,
allowing the Commission, industry, and the public to track the progress
of the DTV transition.
222. Applications for New or Modified Construction Permits. Under
the current rules, stations that need to construct or modify DTV
facilities must file construction permit or modification applications.
Commercial stations must file FCC Form 301 and NCE stations must file
FCC Form 340. Stations may file an application to modify their
authority on their current DTV channel at any time, provided they do
not violate the terms of the Commission's filing freeze. According to
the Report and Order, 634 stations will not be using their currently
authorized DTV channel for post-transition operations and will,
therefore, need to file an application to construct their final, DTV
facility. In addition, if any of the 1,178 stations that will use their
currently authorized DTV channel for post-transition operations need to
change their DTV facilities, e.g., because if they do not have an
authorization for their intended operations, then such stations will
need to file a modification application. Thus, both these groups of
stations will need to file applications for their final, post-
transition facility. In addition, stations that file such applications
will also need to file applications for a license to cover their final,
post-transition facility.
223. Program System and Information Protocol (``PSIP'') Standard.
The Report and Order revises rule section 73.682(d) to reflect the
revisions to the ATSC Program System and Information Protocol
(``PSIP'') standard since the Second DTV Periodic Report and Order. The
current version of the ATSC PSIP standard is A/65-C. PSIP data is
transmitted along with a station's DTV signal and provides DTV
receivers with information about the station and what is being
broadcast. PSIP data provides a method for DTV receivers to identify a
DTV station and to determine how a receiver can tune to it. For any
given station, the PSIP data transmitted along with the digital signal
identifies both its DTV channel number and its analog channel number
(referred to as the ``major'' channel number), thereby making it easy
for viewers to tune to the station's DTV channel even if they only know
the station's major channel number. In addition, PSIP data tells the
receiver whether multiple program streams are being broadcast and, if
so, how to find them. It also identifies whether the programs are
closed captioned, conveys available V-chip information, and provides
program information, among other things. The Commission has recognized
the utility that the ATSC PSIP standard offers for both broadcasters
and consumers. This new revision to the ATSC standard further enhances
the PSIP standard and support for delivery of data. The updated ATSC
PSIP standard now requires broadcasters to populate the EITs with
accurate information about each event and to update the EIT if more
accurate information becomes available. Currently, many broadcasters
provide only general information in the EIT tables. For example, a
network affiliate may provide ``network programming'' as the descriptor
for the majority of its program offerings.
224. Station Identification Requirement. The Report and Order
revises rule section 73.1201 of the rules, regarding station
identification requirements for DTV stations in circumstances in which
one of a station's multicast streams is being used to air programming
provided by another broadcast station or another programming source. In
these situations, the rules do not require that the source of the
programming be identified by the station whose multicast stream is
being used to carry the programming. However, if the station whose
multicast stream is being used to carry the programming chooses to
identify the station that is the source of the programming, the rules
are revised to require that the following format be used in making that
station identification: ``Station WYYY-DT, community of license (call
sign and community of license of the station whose multicast stream is
transmitting the programming), bringing you WXXX, community of license
(call sign and community of license of the licensee providing the
programming).''
E. Steps Taken To Minimize Significant Impact on Small Entities, and
Significant Alternatives Considered
225. The RFA requires an agency to describe any significant
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance or reporting requirements under the rule for small entities;
(3) the use of performance, rather than design, standards; and (4) an
exemption from coverage of the rule, or any part thereof, for small
entities.
226. As previously noted, the Commission has no discretion to offer
any regulatory flexibility to small television broadcasters concerning
the mandatory analog turn-off on the February 17, 2009 transition date.
Rather, to implement this statutory mandate, the Commission must ensure
that all full-power television broadcast stations, including small
stations, cease analog broadcasting as of the February 17, 2009
transition date.
227. The Report and Order, however, does offer stations
opportunities for regulatory flexibility with respect to the other
mandatory compliance requirements, most specifically to the post-
transition construction deadlines. In formulating these opportunities
for regulatory flexibility, the Commission considered the benefits of
such regulatory relief to small stations, particularly to NCE stations
and small market stations (i.e., stations which are not a top-four
network in markets 1-100). To qualify for, and benefit from, some of
these opportunities, however,
[[Page 5680]]
stations must satisfy additional compliance or reporting requirements.
228. Such opportunities for regulatory flexibility adopted by this
Report and Order that will benefit small stations include the
following: (1) Stations may qualify for expedited processing of their
applications to build post-transition facilities to speed their receipt
of construction permits for such facilities; (2) Stations that will not
use their pre-transition DTV channel for post-transition operations may
forego further construction of their pre-transition DTV channel to the
extent that such a facility has been partially built in order to focus
their efforts on constructing their final DTV facility on their post-
transition channel; (3) Stations may seek STA for one of two provisions
for a ``phased transition'' that would afford qualifying stations
regulatory relief in meeting their post-transition construction
deadlines without disappointing viewer expectations after the
transition date; and (4) Stations may request Commission approval to
reduce or terminate analog TV or pre-transition DTV service before the
transition date if doing so would facilitate their transition, provided
they satisfy a viewer notification requirement.
229. Expedited Processing. The Report and Order adopts rules and
policies to offer expedited processing of stations' applications to
build their post-transition facilities that may well benefit smaller
stations. Stations may obtain expedited processing provided that their
application: (1) Does not seek to expand the station's facilities
beyond its final DTV Table Appendix B facilities; (2) specifies
facilities that are no more than five percent smaller than those
specified in the post-transition DTV Table Appendix B (with respect to
predicted population); and (3) is filed within 45 days of the effective
date of this Report and Order. It is each station's responsibility to
ensure that it can begin operations on its post-transition channel no
later than the deadline for the transition on February 17, 2009.
Stations also have the responsibility to file their applications in
sufficient time before the deadline so that they may be granted by the
Commission.
230. Minor Expansion Applications. The Report and Order also adopts
a waiver policy that will permit rapid approval of minor (i.e., not
exceeding 5 miles) expansion applications filed by stations that will
not use their pre-transition DTV channel for post-transition operation.
This policy will allow added flexibility for stations that wish to use
their existing analog channel antenna, which provides benefits for the
successful completion of the transition by reducing the demands on
equipment suppliers and installation crews during a critical time as
the transition date nears.
231. Regulatory Relief in Meeting Construction Deadlines. With
respect to the construction deadlines established for stations to build
final, post-transition facilities, the Report and Order offers a
variety of opportunities for regulatory flexibility if it would
facilitate the transition and ensure that all full-power stations meet
the February 17, 2009 statutory transition date. Small stations,
including NCE stations and small market stations (i.e., stations which
are not a top-four network in markets 1-100) may particularly benefit
from these opportunities for regulatory relief because of the unique
challenges they may face in completing their transition.
232. While establishing a stricter standard for requests for
extension of time to construct DTV facilities, the Report and Order
eliminates the requirement for some stations that they build pre-
transition DTV facilities on channels that are not their post-
transition channel. This will help many small stations facing financial
challenges to complete construction of DTV facilities while also
ensuring that broadcasters continue to focus on the timely construction
of the facilities necessary to transition away from analog transmission
by the transition date. The Report and Order also allows stations to
operate on newly allotted post-transition facilities before the
transition deadline provided they would not interfere with existing,
pre-transition service.
233. Provisions for a Phased Transition. The Report and Order
permits stations that are moving to a different DTV channel for post-
transition operations to temporarily remain on their pre-transition DTV
channel while they complete construction of their final digital
facilities, provided: (1) They build facilities that serve at least the
same population that receives their current analog TV and DTV service
so that over-the-air viewers will not lose TV service; and (2) They do
not cause impermissible interference to other stations or prevent other
stations from making their transition. The Report and Order also
permits stations to operate their post-transition facilities, pursuant
to STA, at less than their full, authorized facilities, provided: (1)
They demonstrate a legitimate impediment to the construction of such
facilities; (2) They build facilities that serve at least the same
population that receives their current analog TV and DTV service so
that over-the-air viewers will not lose TV service; and (3) They do not
cause impermissible interference to other stations or prevent other
stations from making their transition. To provide additional regulatory
relief for NCE and small market stations (i.e., stations which are not
a top-four network in markets 1-100), the Commission will consider on
case-by-case basis allowing these stations a reduced service
requirement if their circumstances warrant it.
234. Permanent Reduction or Termination of Analog TV or Pre-
Transition DTV Service. To facilitate the construction of, and
commencement of operations on, post-transition facilities, the Report
and Order provides stations with the flexibility to permanently reduce
or terminate their analog or pre-transition digital service before the
transition date, provided the station satisfies the following two
requirements: (1) The station demonstrates that its service reduction
or termination is directly related to the construction and operation of
its, or another station's, post-transition facilities; and (2) The
station notifies viewers on its pre-transition channel(s) about the
planned service reduction or termination and informs them about how
they can continue to receive the station. In addition, stations may
file only a notification to permanently reduce or terminate analog or
pre-transition DTV service within 90 days of the transition date,
subject only to a viewer notification requirement. These opportunities
may provide financial relief to small stations by freeing them to focus
their efforts on completion of their final, post-transition facility.
Stations must file these requests electronically through the CDBS using
the Informal Application filing form.
235. Temporary Service Disruptions of Less Than 30 Days. The Report
and Order also clarifies that section 73.1615 of the Commission's rules
permits stations to reduce or cease service temporarily without prior
Commission approval in order to modify existing facilities. Stations
may use this existing provision to temporarily reduce or cease existing
analog or pre-transition digital service where necessary to facilitate
construction of final post-transition facilities. Because this
provision does not require prior Commission authorization, and does not
require licensees to justify the need for the service disruption, this
provision gives stations substantial flexibility to temporarily reduce
or cease analog or digital service pre-transition. Stations must notify
the Commission before commencing the temporary reduction or cessation
of service, but do not need
[[Page 5681]]
prior Commission approval. The flexibility accorded by section 73.1615
is intended for service disruptions of 30 days or less. Stations must
file these notifications (pursuant to section 73.1615) electronically
through the CDBS using the Informal Application filing form.
236. Other Alternatives Considered. The Third DTV Periodic Review
NPRM sought comment on whether small broadcasters would be particularly
impacted by updating section 73.682(d) to reflect the new revisions to
the ATSC PSIP standard. No comments were received on this issue. The
Report and Order determines that the value of EITs to consumers
outweighs the burdens of this requirement. The Third DTV Periodic
Review NPRM also encouraged broadcasters to suggest alternative
proposals that would avoid the imposition of significant and
unreasonable burdens on small TV broadcasters, consistent with the
statutory mandate for full-power TV broadcast stations to cease analog
broadcasting by February 17, 2009, as well as with broadcasters'
obligation to provide and maintain the best possible TV service to the
public. No comments were received on this issue.
F. Federal Rules Which Duplicate, Overlap, or Conflict With the
Commission's Proposals
237. None.
G. Report to Congress
238. The Commission will send a copy of this Report and Order,
including this FRFA, in a report to be sent to Congress pursuant to the
Congressional Review Act. In addition, the Commission will send a copy
of this Report and Order, including the FRFA, to the Chief Counsel for
Advocacy of the Small Business Administration. A copy of this Report
and Order and FRFA (or summaries thereof) will also be published in the
Federal Register.
VII. Ordering Clauses
239. It is ordered that, pursuant to the authority contained in
Sections 1, 4(i) and (j), 7, 301, 302, 303, 307, 308, 309, 312, 316,
318, 319, 324, 325, 336, and 337 of the Communications Act of 1934, 47
U.S.C 151, 154(i) and (j), 157, 301, 302a, 303, 307, 308, 309, 312,
316, 318, 319, 324, 325, 336, and 337, this Report and Order is adopted
and the Commission's rules are hereby amended as set forth in Appendix
B. We find good cause for the rules, forms and procedures adopted in
this Report and Order to be effective upon publication of the summary
of the Report and Order in the Federal Register to ensure that full
power television stations can meet the statutory deadline for
transitioning to all digital service, except for rule sections 47 CFR
73.682(d), 73.8000(b) and 73.9000(k), provided, however, that the
rules, forms and procedures described in the PRA section, above,
contain information collection requirements subject to the PRA and are
not effective until approved by the OMB. (See 5 U.S.C. 553(d)(3) (``The
required publication or service of a substantive rule shall be made not
less than 30 days before its effective date, except * * * as otherwise
provided by the agency for good cause found and published with the
rule.'' See also 47 CFR 1.103(a), 1.427(b).) As described in this
Report and Order, full power television stations must complete their
transition from analog to digital service by February 17, 2009. For
stations that must apply for a construction permit to build their post-
transition facilities, it is essential that the rules, forms and
procedures adopted in this Report and Order be effective upon
publication in the Federal Register, so that the forms are available
for filing (subject to OMB approval by that date) to afford stations
adequate time for ordering equipment and scheduling construction in
time to meet this deadline and also to report on their transition
status (via FCC Form 387) one year in advance of the transition date.
Because FCC Forms 301, 337, 340, and 387 have previously been submitted
to OMB and because any delay can result in harm to television stations,
and, in turn, to their viewers, we find that there is good cause to
expedite the effective date of the rules, forms and procedures adopted
in this Report and Order. For these reasons, we are also requesting
emergency PRA approval from OMB for the FCC Forms 301, 337, 340, and
387.) The Commission will publish a notice in the Federal Register
announcing when OMB approval for these rules and forms has been
received. Rule sections 47 CFR 73.682(d), 73.8000(b), and 73.9000(k)
shall become effective 120 days after publication in the Federal
Register, subject to OMB approval by this date. The Commission will
publish a notice in the Federal Register announcing when OMB approval
for these rule sections has been received and when these rules will
take effect.
240. It is further ordered that, pursuant to 47 U.S.C. 155(c), the
Chief, Media Bureau, is granted delegated authority to make revisions
where necessary and to establish filing deadlines for the electronic
forms adopted in this Report and Order.
241. It is further ordered that the filing deadline for FCC Form
387 is February 18, 2008, subject to OMB approval by this date, for all
television licensees and permittees.
242. It is further ordered that, pursuant to 47 U.S.C. 155(c), the
Chief, Media Bureau, is granted delegated authority to conduct
expedited rulemaking proceedings to amend the DTV Table of Allotments
and Appendix B to the DTV Table of Allotments as needed up to the full
power transition deadline, including, as appropriate, proceeding
without notice and comment for changes that do not adversely affect
other stations' post-transition operations.
243. It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, shall send a
copy of this Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
244. It is further ordered that the Commission shall send a copy of
this Report and Order in a report to be sent to Congress and the
General Accounting Office pursuant to the Congressional Review Act, see
5 U.S.C. 801(a)(1)(A).
List of Subjects
47 CFR Part 15
Communications equipment, Digital Television, and Digital
Television Equipment.
47 CFR Part 73
Digital Television, incorporation by reference, Reporting and
recordkeeping requirements, and Television.
47 CFR Part 76
Cable Television and Digital Television.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
Final Rules
0
For the reasons discussed in the preamble, the Federal Communications
Commission amends 47 CFR parts 15, 73 and 76 as follows.
PART 15--RADIO FREQUENCY DEVICES
0
1. The authority citation for part 15 continues to read as follows:
Authority: 47 U.S.C. 154, 302, 303, 304, 307, 336, and 544A.
0
2. Amend Sec. 15.117 by revising paragraph (i)(2) to read as follows:
Sec. 15.117 TV broadcast receivers.
* * * * *
(i) * * *
[[Page 5682]]
(2) For purposes of this implementation schedule, screen sizes are
to be measured diagonally across the picture viewing area.
* * * * *
0
3. Amend Sec. 15.120 by revising paragraph (b) to read as follows:
Sec. 15.120 Program blocking technology requirements for television
receivers.
* * * * *
(b) Effective January 1, 2000, all TV broadcast receivers as
defined in Sec. 15.3(w), including personal computer systems meeting
that definition, with picture screens 33 cm (13 in) or larger in
diameter or with displays in the 16:9 aspect ratio that are 19.8 cm
(7.8 in) or greater in height and digital television receivers without
an associated display device shipped in interstate commerce or
manufactured in the United States shall comply with the provisions of
paragraphs (c), (d), and (e) of this section.
* * * * *
PART 73--RADIO BROADCAST SERVICES
0
4. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334 and 336.
0
5. Add a new Sec. 73.616 to read as follows:
Sec. 73.616 Post-transition DTV station interference protection.
(a) Applications seeking facilities that will operate prior to the
end of the DTV transition must also comply with Sec. 73.623.
(b) A petition to add a new channel to the post-transition DTV
Table of Allotments contained in Sec. 73.622(i) of this subpart will
not be accepted unless it meets: the DTV-to-DTV geographic spacing
requirements of Sec. 73.623(d) with respect to all existing DTV
allotments in the post-transition DTV Table; the principle community
coverage requirements of Sec. 73.625(a); the Class A TV and digital
Class A TV protection requirements in paragraph (f) of this section;
the land mobile protection requirements of Sec. 73.623(e); and the FM
radio protection requirement of Sec. 73.623(f).
(c) The reference coordinates of a post-transition DTV allotment
shall be the authorized transmitter site, or, where such a transmitter
site is not available for use as a reference point, the coordinates as
designated in the FCC order creating or modifying the post-transition
DTV Table of Allotments.
(d) The protected facilities of a post-transition DTV allotment
shall be the facilities (effective radiated power, antenna height and
antenna directional radiation pattern, if any) authorized by a
construction permit or license, or, where such an authorization is not
available for establishing reference facilities, the facilities
designated in the FCC order creating or modifying the post-transition
DTV Table of Allotments.
(e) An application will not be accepted if it is predicted to cause
interference to more than an additional 0.5 percent of the population
served by another post-transition DTV station. For this purpose, the
population served by the station receiving additional interference does
not include portions of the population within the noise-limited service
contour of that station that are predicted to receive interference from
the post-transition DTV allotment facilities of the applicant or
portions of that population receiving masking interference from any
other station.
(1) For evaluating compliance with the requirements of this
paragraph, interference to populations served is to be predicted based
on the 2000 census population data and otherwise according to the
procedure set forth in OET Bulletin No. 69: ``Longley-Rice Methodology
for Evaluating TV Coverage and Interference'' (February 6, 2004)
(incorporated by reference, see Sec. 73.8000), including population
served within service areas determined in accordance with Sec.
73.622(e), consideration of whether F(50,10) undesired signals will
exceed the following desired-to-undesired (D/U) signal ratios, assumed
use of a directional receiving antenna, and use of the terrain
dependent Longley-Rice point-to-point propagation model. Applicants may
request the use of a cell size other than the default of 2.0 km per
side, but only requests for cell sizes of 1.0 km per side or 0.5 km per
side will be considered. The threshold levels at which interference is
considered to occur are:
(i) For co-channel stations, the D/U ratio is +15 dB. This value is
only valid at locations where the signal-to-noise ratio is 28 dB or
greater. At the edge of the noise-limited service area, where the
signal-to-noise (S/N) ratio is 16 dB, this value is +23 dB. At
locations where the S/N ratio is greater than 16 dB but less than 28
dB, D/U values are computed from the following formula:
D/U = 15+10log10[1.0/(1.0-10-x/10)]
Where x = S/N-15.19 (minimum signal to noise ratio)
(ii) For interference from a lower first-adjacent channel, the D/U
ratio is -28 dB.
(iii) For interference from an upper first-adjacent channel, the D/
U ratio is -26 dB.
(2) Due to the frequency spacing that exists between Channels 4 and
5, between Channels 6 and 7, and between Channels 13 and 14, the
minimum adjacent channel technical criteria specified in this section
shall not be applicable to these pairs of channels (see Sec.
73.603(a)).
(f) A petition to add a new channel to the post-transition DTV
Table or a post-transition DTV station application that proposes to
expand its allotted or authorized coverage area in any direction will
not be accepted if it is predicted to cause interference to a Class A
TV station or to a digital Class A TV station authorized pursuant to
subpart J of this part, within the protected contour defined in Sec.
73.6010.
(1) Interference is predicted to occur if the ratio in dB of the
field strength of a Class A TV station at its protected contour to the
field strength resulting from the facilities proposed in the DTV
application (calculated using the appropriate F(50,10) chart from
Figure 9a, 10a, or 10c of Sec. 73.699) fails to meet the D/U signal
ratios for ``DTV-into-analog TV'' specified in Sec. 73.623(c)(2).
(2) Interference is predicted to occur if the ratio in dB of the
field strength of a digital Class A TV station at its protected contour
to the field strength resulting from the facilities proposed in the DTV
application (calculated using the appropriate F(50,10) chart from
Figure 9a, 10a, or 10c of Sec. 73.699) fails to meet the D/U signal
ratios specified in paragraph (e) of this section.
(3) In support of a request for waiver of the interference
protection requirements of this section, an applicant for a post-
transition DTV broadcast station may make full use of terrain shielding
and Longley-Rice terrain dependent propagation methods to demonstrate
that the proposed facility would not be likely to cause interference to
Class A TV stations. Guidance on using the Longley-Rice methodology is
provided in OET Bulletin No. 69, which is available through the
Internet at http://www.fcc.gov/oet/info/documents/bulletins/#69.
Note to Sec. 73.616: When this rule was adopted, the filing
freeze announced in an August 2004 public notice (19 FCC Rcd 14810
(MB 2004)) remained in effect. For a short period of time after the
filing freeze is lifted, until a date to be announced by a Media
Bureau public notice, applicants must protect Appendix B facilities
in addition to
[[Page 5683]]
any authorized facilities required to be protected pursuant to this
rule section.
0
6. Amend Sec. 73.622 by revising paragraph (f)(4) to read as follows:
Sec. 73.622 Digital television table of allotments.
* * * * *
(f) * * *
(4) UHF DTV stations may request an increase in power, up to a
maximum of 1000 kW ERP, to enhance service within their authorized
service area.
* * * * *
0
7. Amend Sec. 73.623 by revising paragraph (a) to read as follows:
Sec. 73.623 DTV applications and changes to DTV allotments.
(a) General. This section contains the technical criteria for
evaluating applications requesting DTV facilities that do not conform
to the provisions of Sec. 73.622 and petitions for rule making to
amend the pre-transition DTV Table of Allotments (Sec. 73.622(b)).
Petitions to amend the DTV Table (other than those also expressly
requesting amendment of this section) and applications for new DTV
broadcast stations or for changes in authorized DTV stations filed
pursuant to this section will not be accepted for filing if they fail
to comply with the requirements of this section. Petitions for rule
making and applications seeking facilities that will operate after the
end of the DTV transition must also comply with Sec. 73.616.
* * * * *
0
8. Amend Sec. 73.624 by adding paragraphs (d)(1)(v) through (vii),
revising paragraph (d)(3) and revising paragraphs (g) introductory text
and (g)(2) to read as follows:
Sec. 73.624 Digital television broadcast stations.
* * * * *
(d) * * *
(1)* * *
(v) May 18, 2008 in all markets for completion of construction of
post-transition (DTV) facilities for all commercial and noncommercial
television stations that will use the same channel used for pre-
transition operation for post-transition operation and that, as of
December 31, 2007, have a construction permit for facilities that
conform to the facilities defined by the new DTV Table of Allotments
and accompanying Appendix B, established by the Seventh Report and
Order in MB Docket No. 87-268 and codified at 47 CFR 73.622(i).
(vi) August 18, 2008 in all markets for completion of construction
of post-transition (DTV) facilities for all commercial and
noncommercial television stations that will use the same channel used
for pre-transition operation for post-transition operation but which,
as of December 31, 2007, do not have a construction permit for
facilities that conform to the facilities defined by the new DTV Table
of Allotments and accompanying Appendix B, established by the Seventh
Report and Order in MB Docket No. 87-268 and codified at 47 CFR
73.622(i).
(vii) February 17, 2009 in all markets for completion of
construction of post-transition (DTV) facilities for all commercial and
noncommercial television stations whose post-transition digital channel
is different from their pre-transition digital channel and for those
stations whose post-transition channel is the same as their pre-
transition channel but that are subject to a unique technical challenge
that has been specifically recognized as such by the Commission.
* * * * *
(3) Authority delegated. (i) Authority is delegated to the Chief,
Media Bureau to grant an extension of time of up to six months beyond
the relevant construction deadline specified in paragraph (d)(1) of
this section upon demonstration by the DTV licensee or permittee that
failure to meet that construction deadline is due to circumstances that
are either unforeseeable or beyond the licensee's control where the
licensee has taken all reasonable steps to resolve the problem
expeditiously.
(ii) For construction deadlines occurring prior to February 18,
2009, the following circumstances may include, but shall not be limited
to:
(A) Inability to construct and place in operation a facility
necessary for transmitting digital television, such as a tower, because
of delays in obtaining zoning or FAA approvals, or similar constraints;
or
(B) Where the licensee or permittee is currently the subject of a
bankruptcy or receivership proceeding, or is experiencing severe
financial hardship as defined by negative cash flow for the past three
years.
(iii) For construction deadlines occurring after February 17, 2009,
the tolling provisions of Sec. 73.3598 shall apply.
(iv) The Bureau may grant no more than two extension requests upon
delegated authority. Subsequent extension requests shall be referred to
the Commission. The Bureau may deny extension requests upon delegated
authority.
(v) Applications for extension of time shall be filed no earlier
than 90 and no later than 60 days prior to the relevant construction
deadline, absent a showing of sufficient reasons for filing within less
than 60 days of the relevant construction deadline.
* * * * *
(g) Commercial and noncommercial DTV licensees and permittees must
annually remit a fee of five percent of the gross revenues derived from
all ancillary or supplementary services, as defined by paragraph (b) of
this section, which are feeable, as defined in paragraphs (g)(2)(i)
through (ii) of this section.
* * * * *
(2) Payment of fees. (i) Each December 1, all commercial and
noncommercial DTV licensees and permittees will electronically report
whether they provided ancillary or supplementary services in the 12-
month period ending on the preceding September 30. Licensees and
permittees will further report, for the applicable period:
(A) A brief description of the services provided;
(B) Which services were feeable ancillary or supplementary
services;
(C) Whether any ancillary or supplementary services provided were
not subject to a fee;
(D) Gross revenues received from all feeable ancillary and
supplementary services provided during the applicable period; and
(E) The amount of bitstream used to provide ancillary or
supplementary services during the applicable period. Licensees and
permittees will certify under penalty of perjury the accuracy of the
information reported. Failure to file regardless of revenues from
ancillary or supplementary services or provision of such services may
result in appropriate sanctions.
(ii) If a commercial or noncommercial DTV licensee or permittee has
provided feeable ancillary or supplementary services at any point
during a 12-month period ending on September 30, the licensee or
permittee must additionally file the FCC's standard remittance form
(Form 159) on the subsequent December 1. Licensees and permittees will
certify the amount of gross revenues received from feeable ancillary or
supplementary services for the applicable 12-month period and will
remit the payment of the required fee.
(iii) The Commission reserves the right to audit each licensee's or
permittee's records which support the calculation of the amount
specified on line 23A of Form 159. Each licensee or permittee,
therefore, is required to retain such records for three years from the
date of remittance of fees.
[[Page 5684]]
0
9. Amend Sec. 73.682 by revising paragraph (d) to read as follows:
Sec. 73.682 TV transmission standards.
* * * * *
(d) Digital broadcast television transmission standard. Effective
May 29, 2008 transmission of digital broadcast television (DTV) signals
shall comply with the standards for such transmissions set forth in
ATSC A/52: ``ATSC Standard Digital Audio Compression (AC-3)''
(incorporated by reference, see Sec. 73.8000), ATSC A/53, Parts 1-6:
2007 ``ATSC Digital Television Standard,'' (January 3, 2007), except
for section 6.1.2 (``Compression Format Constraints'') of A/53 Part 4:
2007 (``MPEG-2 Video Systems Characteristics'') and the phrase ``see
Table 6.2'' in section 6.1.1 Table 6.1 and section 6.1.3 Table 6.3
(incorporated by reference, see Sec. 73.8000), and ATSC A/65C: ``ATSC
Program and System Information Protocol for Terrestrial Broadcast and
Cable, Revision C With Amendment No. 1 dated May 9, 2006,'' (January 2,
2006) (incorporated by reference, see Sec. 73.8000). Although not
incorporated by reference, licensees may also consult ATSC A/54A:
``Recommended Practice: Guide to Use of the ATSC Digital Television
Standard, including Corrigendum No. 1,'' (December 4, 2003, Corrigendum
No. 1 dated December 20, 2006, and ATSC A/69: ``Recommended Practice
PSIP Implementation Guidelines for Broadcasters,'' (June 25, 2002)
(Secs. 4, 5, 303, 48 Stat., as amended, 1066, 1068, 1082 (47 U.S.C.
154, 155, 303)). ATSC A/54A and ATSC A/69 are available from Advanced
Television Systems Committee (ATSC), 1750 K Street, NW., Suite 1200,
Washington, DC 20006, or at the ATSC Web site: http://www.atsc.org/standards.html
.
0
10. Amend Sec. 73.1201 by revising paragraph (b)(1) to read as
follows:
Sec. 73.1201 Station identification.
* * * * *
(b) Content. (1) Official station identification shall consist of
the station's call letters immediately followed by the community or
communities specified in its license as the station's location;
Provided, That the name of the licensee, the station's frequency, the
station's channel number, as stated on the station's license, and/or
the station's network affiliation may be inserted between the call
letters and station location. DTV stations, or DAB Stations, choosing
to include the station's channel number in the station identification
must use the station's major channel number and may distinguish
multicast program streams. For example, a DTV station with major
channel number 26 may use 26.1 to identify an HDTV program service and
26.2 to identify an SDTV program service. A DTV station that is
devoting one of its multicast streams to transmit the programming of
another television licensee must identify itself and may also identify
the licensee that it is transmitting. If a DTV station in this
situation chooses to identify the station that is the source of the
programming it is transmitting, it must use the following format:
Station WYYY-DT, community of license (call sign and community of
license of the station whose multicast stream is transmitting the
programming), bringing you WXXX, community of license (call sign and
community of license of the licensee providing the programming). The
transmitting station may insert between its call letters and its
community of license the following information: the frequency of the
transmitting station, the channel number of the transmitting station,
the name of the licensee of the transmitting station and the licensee
providing the programming, and/or the name of the network of either
station. Where a multicast station is carrying the programming of
another station and is identifying that station as the source of the
programming, using the format described above, the identification may
not include the frequency or channel number of the program source. A
radio station operating in DAB hybrid mode or extended hybrid mode
shall identify its digital signal, including any free multicast audio
programming streams, in a manner that appropriately alerts its audience
to the fact that it is listening to a digital audio broadcast. No other
insertion between the station's call letters and the community or
communities specified in its license is permissible.
* * * * *
0
11. Amend Sec. 73.3598 by revising paragraphs (a) and (b) to read as
follows:
Sec. 73.3598 Period of construction.
(a) Each original construction permit for the construction of a new
TV (including full-power DTV), AM, FM or International Broadcast; low
power TV; TV translator; TV booster; FM translator; or FM booster
station, or to make changes in such existing stations, shall specify a
period of three years from the date of issuance of the original
construction permit within which construction shall be completed and
application for license filed. Each original construction permit for
the construction of a new LPFM station shall specify a period of
eighteen months from the date of issuance of the construction permit
within which construction shall be completed and application for
license filed.
(b) The period of construction for an original construction permit
shall toll when construction is prevented by the following causes not
under the control of the permittee:
(1) Construction is prevented due to an act of God, defined in
terms of natural disasters (e.g., floods, tornados, hurricanes, or
earthquakes);
(2) The grant of the permit is the subject of administrative or
judicial review (i.e., petitions for reconsideration and applications
for review of the grant of a construction permit pending before the
Commission and any judicial appeal of any Commission action thereon),
or construction is delayed by any cause of action pending before any
court of competent jurisdiction relating to any necessary local, state
or federal requirement for the construction or operation of the
station, including any zoning or environmental requirement; or
(3) A request for international coordination, with respect to an
original construction permit for a new DTV station, has been sent to
Canada or Mexico on behalf of the station and no response from the
country affected has been received, or the licensee or permittee is
challenging the response from Canada or Mexico on the grounds that the
facility as approved would not permit the station to serve the
population that is both approved by the Commission and served by the
station's TV (analog) facility to be vacated by February 17, 2009.
* * * * *
0
12. Revise Sec. 73.8000 to read as follows:
Sec. 73.8000 Incorporation by reference.
(a) The materials listed in this section are incorporated by
reference in this part. These incorporations by reference were approved
by the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. These materials are incorporated as they
exist on the date of the approval, and notice of any change in these
materials will be published in the Federal Register. The materials are
available for inspection at the Federal Communications Commission
(FCC), 445 12th St., SW., Reference Information Center, Room CY-A257,
Washington, DC 20554 and at the National Archives and Records
Administration (NARA). For information on the availability of this
[[Page 5685]]
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
(b) The following materials are available from Advanced Television
Systems Committee (ATSC), 1750 K Street, NW., Suite 1200, Washington,
DC 20006, or at the ATSC Web site: http://www.atsc.org/standards.html.
(1) ATSC A/52: ``ATSC Standard Digital Audio Compression (AC-3),''
1995, IBR approved for Sec. 73.682.
(2) ATSC A/53 Parts 1-6: 2007 ``ATSC Digital Television Standard,''
(January 3, 2007) as listed below:
(i) A/53, Part 1:2007, ``Digital Television System'' (January 3,
2007), IBR approved for Sec. 73.682.
(ii) A/53, Part 2:2007, ``RF/Transmission System Characteristics''
(January 3, 2007), IBR approved for Sec. 73.682.
(iii) A/53, Part 3:2007, ``Service Multiplex and Transport
Subsystem Characteristics'' (January 3, 2007), IBR approved for Sec.
73.682.
(iv) A/53, Part 4:2007, ``MPEG-2 Video System Characteristics''
(January 3, 2007), IBR approved for Sec. 73.682, except for Sec.
6.1.2 of A/53 Part 4: 2007, and the phrase ``see Table 6.2'' in section
6.1.1 Table 6.1 and section 6.1.3 Table 6.3.
(v) A/53, Part 5:2007, ``AC-3 Audio System Characteristics''
(January 3, 2007), IBR approved for Sec. 73.682.
(vi) A/53, Part 6:2007, ``Enhanced AC-3 Audio System
Characteristics'' (January 3, 2007), IBR approved for Sec. 73.682.
(3) ATSC A/65B: ``ATSC Program and System Information Protocol for
Terrestrial Broadcast and Cable,'' (Revision B) March 18, 2003, and IBR
approved for Sec. Sec. 73.9000 and 73.9001.
(4) ATSC A/65C: ``ATSC Program and System Information Protocol for
Terrestrial Broadcast and Cable, Revision C With Amendment No. 1 dated
May 9, 2006,'' (January 2, 2006), IBR approved for Sec. Sec. 73.682
and 73.9000.
(c) The following materials are available for purchase from
American National Standards Institute (ANSI), 25 West 43rd Street, 4th
Floor, New York, NY 10036 or at the ANSI Web site: http://www.webstore.ansi.org/ansidocstore/default.asp
.
(1) International Standard ISO/IEC 13818-1:2000(E); ``Information
Technology Generic Coding of Moving Pictures and Associated Audio
Information: Systems,'' 2000, IBR approved for Sec. 73.9000.
(2) [Reserved]
(d) The following materials are available at the FCC, 445 12th St.,
SW., Reference Information Center, Room CY-A257, Washington, DC 20554,
or at the FCC's Office of Engineering and Technology (OET) Web site:
http://www.fcc.gov/oet/info/documents/bulletins/.
(1) OET Bulletin No. 69: ``Longley-Rice Methodology for Evaluating
TV Coverage and Interference'' (February 6, 2004), IBR approved for
Sec. 73.616.
(2) [Reserved]
0
13. Amend Sec. 73.9000 by revising paragraph (k) to read as follows:
Sec. 73.9000 Definitions.
* * * * *
(k) EIT means Event Information Table as defined in ATSC A/65C:
``ATSC Program and System Information Protocol for Terrestrial
Broadcast and Cable, Revision C With Amendment No. 1 dated May 9,
2006,'' (January 2, 2006), (incorporated by reference, see Sec.
73.8000).
* * * * *
PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE
14. The authority citation for part 76 continues to read as
follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a,
307, 308, 309, 312, 315, 317, 325, 336, 338, 339, 503, 521, 522,
531, 532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549,
552, 554, 556, 558, 560, 561, 571, 572, 573.
0
15. Amend Sec. 76.55 by revising paragraph (c)(3) to read as follows:
Sec. 76.55 Definitions applicable to the must-carry rules.
* * * * *
(c) * * *
(3) A television broadcast station that does not deliver to the
principal headend, as defined in Sec. 76.5(pp), of a cable system a
signal level of -45dBm for analog UHF signals, -49dBm for analog VHF
signals, or -61dBm for digital signals at the input terminals of the
signal processing equipment, i.e., the input to the first active
component of the signal processing equipment relevant to the signal at
issue, if such station does not agree to be responsible for the costs
of delivering to the cable system a signal of good quality or a
baseband video signal.
* * * * *
Note: The following appendices will not appear in the Code of
Federal Regulations.
Appendix A: List of Commenters
Comments
1. 54 Broadcasting, Inc. (``54 Broadcasting'') (filed 8/15/07)
2. Advanced Television Systems Committee, Inc. (``ATSC'') (filed 8/
7/07)
3. Agape Church, Inc. ``(Agape'') (filed 8/3/07)
4. Allbritton Communications Company (``Allbritton'') (filed 8/16/
07)
5. Anderson WFBC-TV Licensee, Inc. (``Anderson'') (filed 8/15/07)
6. Arkansas Educational Television Commission (filed 8/15/07)
7. Association for Maximum Service Television, Inc. and The National
Association of Broadcasters, Joint Comments (``MSTV/NAB'') (filed 8/
15/07)
8. Association of Federal Communications Consulting Engineers
(``AFCCE'') (filed 8/15/07)
9. Association of Public Television Stations and the Public
Broadcasting Service (``APTS/PBS'') (filed 8/15/07)
10. Bahakel Communications (``Bahakel'') (filed 8/15/07)
11. Banks Boise, Inc (filed 8/15/07)
12. Barrington Broadcasting Group, LLC (``Barrington'') (filed 8/15/
07)
13. Benton Foundation (``Benton.'') \1\ (filed 8/15/07)
---------------------------------------------------------------------------
\1\ The complete list of commenters jointly filing with the
Benton Foundation in this pleading include: The Campaign Legal
Center, Free Press, Communication Service for the Deaf, Hearing Loss
Association of America--New York State, Northern Virginia Center for
Deaf and Hard of Hearing Persons, United States Conference of
Catholic Bishops, National Hispanic Media Coalition, Democracy Now,
Consumer Action, Common Cause Citizen Advocacy Center, Common Cause
Illinois, Common Cause Michigan, Common Cause Ohio, Common Cause
Wisconsin, Illinois Campaign for Political Reform, Illinois PIRG,
League of Women Voters of Minnesota, League of Women Voters of
Wisconsin, Ohio Citizen Action Education Fund, Sunshine Project--
University of Illinois at Springfield, Take Action Minnesota,
Wisconsin Democracy Campaign, Michigan Campaign Finance Network, The
Alliance for Community Media, The Center for Digital Democracy,
Chicago Media Action.
---------------------------------------------------------------------------
14. Board of Governors of Missouri State University (filed 8/14/07)
15. Byron W. St. Clair (``St. Clair'') (filed 8/15/07)
16. Calipatria Broadcasting Company, LLC (``Calipatria'') (filed 8/
15/07)
17. Capitol Broadcasting Company, Inc.(''Capitol'') (filed 8/15/07)
18. CBS Corporation (``CBS'') (filed 8/15/07)
19. Central Michigan University (filed 8/13/07)
20. Chelsey Broadcasting Company of Youngstown, LLC (``Chelsey'')
(filed 8/15/07)
21. Christian Faith Broadcast, Inc. (``CFB'') (filed 8/15/07)
22. Christian Television Network, Inc, Christian Television Network
of Iowa, Inc. and Volunteer Christian Television, Inc. (``Christian
Network'') (filed 8/15/07)
23. Coalition of Organizations for Accessible Technology (``COAT'')
(filed 8/9/07)
24. Cox Broadcasting (``Cox'') (filed 8/15/07)
25. Cohen, Dippell and Everist, P.C. (``Cohen, Dippell and
Everist'') (filed 8/15/07)
26. Community Television of Southern California (filed 8/15/07)
27. Consumer Electronics Association (``CEA'') (filed 8/15/07)
[[Page 5686]]
28. DIRECTV (filed 8/30/07)
29. Du Treil, Lundin & Rackley (``dLR'') (filed 8/14/07)
30. Educational Broadcast Corporation (``EBC'') (filed 8/15/07)
31. Entravision Holdings (``Entravision'') (filed 8/15/07)
32. Esteem License Holdings, Inc. (``Esteem'') (filed 8/15/07)
33. Georgia Public Telecommunications Commission (filed 8/15/07)
34. Glendive Broadcasting Corporation (``Glendive'') (filed 8/15/07)
35. Granite Broadcasting Corporation (``Granite'') (filed 8/15/07)
36. Gray Television, Inc.(''Gray Television'') (filed 8/15/07)
37. Greater Dayton Public Television, Inc. (``Greater Dayton'')
(filed 8/15/07)
38. Griffin Communications, LLC (``Griffin'') (filed 8/15/07)
39. Hammett and Edison, Inc. (``Hammett and Edison'') (filed 8/10/
07)
40. Harris Corporation (``Harris'')(filed 8/10/07)
41. Hawaii Public Television Foundation (``Hawaii PTV Foundation'')
(filed 8/14/07)
42. Hoak Media, LLC (``Hoak'') (filed 8/15/07)
43. Hubbard Broadcasting, Inc. (``Hubbard'') (filed 8/15/07)
44. Independence Television Company (``Independence'') (filed 8/15/
07)
45. Independent Communications, Inc. (``Independent, KTTM'') (filed
10/26/07)
46. Independent Communications, Inc. (``Independent, KTTW'') (filed
10/26/07)
47. Independent Multifamily Communications Council (``IMCC'') (filed
11/28/07)
48. Iowa Public Broadcasting Board dba Iowa Public Television (filed
8/15/07)
49. Joseph M. Davis, P.E. (``Davis'') (filed 8/15/07)
50. KCTS Television (filed 8/13/07)
51. Khanna & Guill, Inc.--Consulting Engineers (``Khanna'') (filed
8/29/07)
52. Khanna and Guill (``Khanna 8/8/07'') (filed 8/8/07)
53. KJLA (filed 8/15/07)
54. KRCA License, LLC (``KRCA'') (filed 8/15/07)
55. KSLS, Inc (``KSLS'') (filed 8/15/07)
56. Lambert Broadcasting of Burlington, LLC (``Lambert'') (filed 8/
15/07)
57. LeSEA Broadcasting Corporation (``LeSEA'') (filed 8/15/07)
58. LATV Networks (``LATV'') (filed 8/15/07)
59. LG Electronics USA, Inc. (``LG'') (filed 8/15/07)
60. LIN Television Corporation (``LIN'') (filed 8/15/07)
61. Long Communications, LLC (``Long'') (filed 8/15/07)
62. Maranatha Broadcasting Company, Inc. (``Maranatha'') (filed 8/
15/07)
63. Meredith Corporation (``Meredith'') (filed 8/15/07)
64. Metropolitan Television Alliance, LLC (filed 8/15/07)
65. Mid-South Public Communications Foundation (``Mid-South'')
(filed 8/15/07)
66. Montecito Hawaii License, LLC (``Montecito Hawaii'') (filed 8/
15/07)
67. Montecito Television License Corporation of Wichita (``Montecito
of Wichita'') (filed 8/15/07)
68. Multicultural Television Broadcasting, LLC (``Multicultural'')
(filed 8/15/07)
69. National Cable and Telecommunications Association (``NCTA'')
(filed 8/15/07)
70. Native American Public Telecommunications (``NAPT'') (filed 8/
15/07)
71. Nebraska Educational Telecommunications Commission and the
University of Nebraska (``Nebraska PTV Licensees'') (filed 8/14/07)
72. Nexstar Broadcasting, Inc. (``Nexstar'') (filed 8/15/07)
73. Northeastern Educational Television of Ohio, Inc. (filed 8/15/
07)
74. Norwell Television, LLC (``Norwell'') (filed 8/15/07)
75. Oklahoma Educational Television Authority (filed 8/15/07)
76. Pappas Telecasting Companies (``Pappas'') (filed 8/15/07)
77. Parker Broadcasting (``Parker'') (filed 8/15/07)
78. Pennsylvania State University (``Penn State'') (filed 8/15/07)
79. Permian Basin Public Telecommunications, Inc. (``Permian
Basin'') (filed 8/15/07)
80. Post-Newsweek Stations, Inc. (``Post-Newsweek'') (filed 8/15/07)
81. Public Broadcasting of Northwest Pennsylvania (``PBNP'') (filed
8/13/07)
82. Quincy Newspapers, Inc. (``Quincy'') (filed 8/15/07)
83. Raycom Media, Inc. (``Raycom'') (filed 8/15/07)
84. River Broadcast Co., LLC (``Red River'') (filed 8/15/07)
85. Rocky Mountain Public Broadcasting Network, Inc. (``Rocky
Mountain'') (filed 8/13/07)
86. Saga Quad States Communications, LLC (``Saga'') (filed 8/15/07)
87. School Board of Miami Dade County, Florida (filed 8/3/07)
88. Scripps Howard Broadcasting Company (``Scripps-Howard'') (filed
8/15/07)
89. Scripps Howard Broadcasting--Engineering Statement by John F.X.
Browne (``Scripps'') (filed 8/15/07)
90. Shenandoah Valley Educational Television Corporation (``SVETC
Stations'') (filed 8/15/07)
91. Sinclair Broadcast Group, Inc. (``Sinclair'') (filed 8/15/07)
92. Sistema Universitario Ana G. Mendez, Inc. (filed 8/14/07)
93. Sky Television, LLC (``Sky'') (filed 8/15/07)
94. Smoky Hills Public Television Corporation (``Smoky Hills'')
(filed 8/13/07)
95. Sorensen Television Systems, Inc. (``Sorensen'') (filed 7/24/07)
96. South Carolina Educational Television Commission (filed 8/13/07)
97. Southeastern Media Holdings, Inc. (filed 8/15/07)
98. Southern Broadcast Company of Sarasota (``Broadcast Company of
Sarasota'') (filed 8/15/07)
99. St. Louis Regional Educational and Public Television Commission
(``St. Louis PTV'') (filed 8/13/07)
100. State of Wisconsin Educational Communications Board (``State of
Wisconsin Board'') (filed 8/14/07)
101. Sunbelt Multimedia Co. (``Sunbelt'') (filed 8/15/07)
102. Sunflower Broadcasting, Inc. (``Sunflower'') (filed 8/15/07)
103. Thunder Bay Broadcasting Corporation (``Thunder Bay'') (filed
8/15/07)
104. Tribune Broadcasting Company (``Tribune'') (filed 8/15/07)
105. Tri-State Public Teleplex, Inc. (``Tri-State'') (filed 8/15/07)
106. Twin Cities Public Television, Inc. (``Twin Cities'') (filed 8/
15/07)
107. United Communications Corp. (``United'') (filed 8/16/07)
108. University of Alaska (filed 8/15/07)
109. University of Houston System (filed 8/15/07)
110. University of Michigan (filed 8/13/07)
111. University of North Carolina (filed 8/15/07)
112. University of Utah and the Utah State Board of Regents (``Utah
Stations'') (filed 8/15/07)
113. Univision (filed 8/15/07)
114. Upper Cumberland Broadcast Council (``UCBC'') (filed 8/14/07)
115. Valley Public Television, Inc. (``Valley'') (filed 8/15/07)
116. Vermont ETV, Inc. (``Vermont ETV'') (filed 8/15/07)
117. Walt Disney Company (``Disney'') (filed 8/15/07)
118. WBOC, Inc. (''WBOC'') (filed 8/15/07)
119. WDEF-TV, Inc. (``WDEF'') (filed 8/15/07)
120. West Virginia Media Holdings, LLC (``West Virginia Media
Holdings'') (filed 8/15/07)
121. WGBH Educational Foundation (``WGBH'') (filed 8/15/07)
122. WKSG Public Telecommunications Council (``WKSG'') (filed 8/15/
07)
123. WLNY Limited Partnership (``WLNY'') (filed 7/9/07)
124. WPSD-TV, LLC (``WPSD'') (filed 8/15/07)
125. WYFF Hearst-Argyle Television, Inc. (``Hearst-Argyle'') (filed
8/15/07)
Reply Comments
1. Ackerley Broadcasting Operations, LLC (filed 8/30/07)
2. Allbritton Communications Co. and Gannett Co., Inc. (filed 8/30/
07)
3. Association of Public Television Stations and the Public
Broadcasting Service (filed 8/30/07)
4. Barrington Bay City License, LLC (filed 8/30/07)
5. Belo Corp. (filed 8/30/07)
6. Capitol Broadcasting Company, Inc. (filed 8/30/07)
7. Central NY News, Inc. (filed 8/30/07)
8. Cohen, Dippell and Everist, P.C. (filed 8/30/07)
9. Corridor Television, LLP (filed 8/30/07)
10. Dispatch Broadcast Group (filed 9/4/07)
11. DuTreil, Lundin & Rackley (filed 8/30/07)
12. Echostar Satellite L.L.C. (filed 8/30/07)
13. Grant Communications (filed 8/30/07)
14. Larry E. Will, P.E. (filed 8/30/07)
15. Mid State Television, Inc. (filed 8/30/07)
16. MSTV and NAB (filed 8/30/07)
17. National Cable and Telecommunications Association (``NCTA'')
(filed 8/30/07)
18. Sonshine Family Television (filed 8/29/07)
[[Page 5687]]
19. Sunbeam Television Corp. (filed 8/30/07)
20. Tribune Broadcasting Company (filed 8/30/07)
21. Walt Disney Company (filed 8/30/07)
22. WQED Multimedia (``WQED'') (filed 8/30/07)
Appendix B: Rule Changes [Reserved]
Note: The rules codified in this Report and Order (FCC 07-228),
which were contained in Appendix B of the Report and Order, are set
forth following the signature block of this document.
Appendix C: FCC Forms Changes
The Federal Communications Commission revises FCC Form 301 as
set forth below:
1. Main Form Section I--General Information, Question 4.b.
(Service Type) on page one is revised to allow the filer to indicate
whether the application is for pre-transition DTV facilities, post-
transition DTV facilities, or both. The revised question will read
as follows:
``b. Service Type: [squ] AM [squ] FM [squ] TV [squ] DTV Pre-
Transition [squ] DTV Post-Transition [squ] DTV Both (Pre- and Post-
Transition)''
2. Instructions Section I.D. (General Information), Item 4 is
revised to explain the new service types for DTV applications: (a)
DTV Pre-Transition, (b) DTV Post-Transition, (c) DTV Both (Pre- and
Post-Transition). Item 4 is revised to add the following new
paragraph:
``DTV Service Type: The DTV Pre-Transition service type is for a
station whose application relates solely to its pre-transition DTV
operation on a channel that is not allotted for post-transition use
by this station and will not affect its authorized post-transition
operation. The DTV Post-Transition service type is for a station
whose application relates solely to its post-transition operation
and will not affect its authorized pre-transition operation. The DTV
Both (Pre- and Post-Transition) service type is for a station whose
application relates to both its pre- and post-transition operation.
Only a station whose pre-transition DTV channel is the same as its
post-transition channel may use the DTV Both service type.''
3. Form Section III-D--DTV Engineering on page 17 is revised by
changing the two paragraphs preceding Question 1. The revised
paragraphs will read as follows:
``Complete Questions 1-5, and provide all data and information
for the proposed facility, as requested in Technical Specifications,
Items 1-13.
``Pre-Transition Certification Checklist. An application
concerning a pre-transition channel must complete questions 1(a)-
(c), and 2-5. A correct answer of ``Yes'' to all of these questions
will ensure an expeditious grant of a construction permit
application to modify pre-transition facilities. However, if the
proposed facility is located within the Canadian or Mexican borders,
coordination of the proposal under the appropriate treaties may be
required prior to grant of the application. An answer of ``No'' will
require additional evaluation of the applicable information in this
form before a construction permit can be granted.
``Post-Transition Expedited Processing. An application
concerning a post-transition channel must complete questions 1(a),
(d)-(e), and 2-5. A station applying for a construction permit to
build its post-transition channel will receive expedited processing
if its application (1) does not seek to expand the noise-limited
service contour in any direction beyond that established by Appendix
B of the Seventh Report and Order in MB Docket No. 87-268
establishing the new DTV Table of Allotments in 47 CFR 73.622(i)
(``new DTV Table Appendix B''); (2) specifies facilities that match
or closely approximate those defined in the new DTV Table Appendix B
facilities; and (3) is filed within 45 days of the effective date of
the Report and Order in the Third DTV Periodic Review proceeding, MB
Docket No. 07-91.''
4. Form Section III-D--DTV Engineering, Question 1 on page 17 is
revised by changing (b) and (c) and by adding (d) and (e). Revised
questions (b) and (c) and new questions (d) and (e) will read as
follows:
``(b) It will operate a pre-transition facility from a
transmitting antenna located within 5.0 km (3.1 miles) of the DTV
reference site for this station as established in 47 CFR 73.622.
[squ] Yes [squ] No
``(c) It will operate a pre-transition facility with an
effective radiated power (ERP) and antenna height above average
terrain (HAAT) that do not exceed the DTV reference ERP and HAAT for
this station as established in 47 CFR 73.622. [squ] Yes [squ] No
``(d) It will operate at post-transition facilities that do not
expand the noise-limited service contour in any direction beyond
that established by Appendix B of the Seventh Report and Order in MB
Docket No. 87-268 establishing the new DTV Table of Allotments in 47
CFR 73.622(i) (``new DTV Table Appendix B''). [squ] Yes [squ] No
[squ] Don't Know''
``(e) It will operate at post-transition facilities that match
or reduce by no more than five percent with respect to predicted
population from those defined in the new DTV Table Appendix B. [squ]
Yes [squ] No [squ] Don't Know
5. Instructions to Section III-D (DTV Engineering) is revised to
explain that: (i) question 1(a) applies to all facility changes (and
both the current and new DTV Tables in 47 CFR 73.622(b) and (i)),
(ii) questions 1(b) and 1(c) apply only to applications for pre-
transition facilities, and (iii) questions 1(d) and 1(e) apply only
to applications for post-transition facilities. Item 1 (of
Instructions Section III.H.) is revised as follows:
``Certifications Checklist. Items 1-5 set forth a series of
certifications concerning the Commission's technical allotment
standards and operational requirements for DTV stations.
``Item 1: The applicant must certify compliance with the digital
television channel allotment and operational requirements contained
in 47 CFR 73.622. Specifically, this question requires that the
applicant certify that (a) the application specifies a channel and
community in accordance with the Commission's Table of Television
Allotments, 47 CFR 73.622(b) or (i), (b) it will operate a pre-
transition facility with a transmitting antenna located within 5
kilometers of the DTV reference coordinates for the station, as
referenced in Section 73.622(d) and set forth in the Sixth Report
and Order in MM Docket No. 87-268, 12 FCC Rcd 14588 (1997), (c) it
will operate with pre-transition facilities that do not exceed the
power and antenna height maxima specified in Section 73.622(f), (d)
it will operate at post-transition facilities that do not expand the
noise-limited service contour in any direction beyond that
established by Appendix B of the Seventh Report and Order in MB
Docket No. 87-268 establishing the new DTV Table of Allotments in 47
CFR 73.622(i), and (e) it will operate at post-transition facilities
that match or reduce by no more than five percent with respect to
predicted population from those defined in the new DTV Table
Appendix B.
``If any of items 1(a)-1(c) are answered ``No'' in an
application of a pre-transition facility, the applicant must
demonstrate in response to Section III-D, Item 11 that the proposal
will not cause or increase interference to any other DTV broadcast
application, DTV allotment, or analog TV broadcast authorization.
``Interference is to be predicted for pre-transition facilities
in accordance with the procedure set forth in Appendix B of the
Sixth Report and Order in MM Docket No. 87-268. See 47 CFR 73.623.
``If any of items 1(a), 1(d)-(e) are answered ``No'' in an
application of a post-transition facility, the applicant will not
qualify for expedited processing.
``Interference is to be predicted for post-transition facilities
in accordance with the procedure set forth in the Third DTV Periodic
Report and Order in MB Docket No. 07-91. See 47 CFR 73.616 and
73.623.''
6. Form Section III-D--DTV Engineering (TECHNICAL
SPECIFICATIONS) TECH BOX Question 11, first paragraph, on page 19 is
revised as follows:
``Does the proposed facility satisfy the pre-transition
interference protection provisions of 47 CFR 73.623(a) (Applicable
only if Certification Checklist Items 1(a), (b), or (c) are answered
``No.'') and/or the post-transition interference protection
provisions of 47 CFR 73.616? [ballot] Yes [ballot] No''
7. Form and Instructions Section III-D--DTV Engineering
(TECHNICAL SPECIFICATIONS) TECH BOX Questions, is revised to make
non-substantive conforming edits necessary because of the other
changes.
The Federal Communications Commission revises FCC Form 340 as
set forth below:
8. Main Form Section I--General Information, Question 4.b.
(Service Type) on page one is revised to allow the filer to indicate
whether the application is for pre-transition DTV facilities, post-
transition DTV facilities, or both. The revised question will read
as follows:
``b. Service Type: [ballot] FM [ballot] TV [ballot] DTV Pre-
Transition [ballot] DTV Post-Transition [ballot] DTV Both (Pre- and
Post-Transition)''
9. Instructions for Section I. (General Information), Item
(Question) 4 is revised to explain the new service types for DTV
applications: (a) DTV Pre-Transition, (b) DTV Post-Transition, (c)
DTV Both (Pre- and Post-Transition). Item (Question) 4 is revised to
add the following new paragraph:
``DTV Service Type: The DTV Pre-Transition service type is for a
station whose
[[Page 5688]]
application relates solely to its pre-transition DTV operation and
will not affect its authorized post-transition operation. The DTV
Post-Transition service type is for a station whose application
relates solely to its post-transition operation and will not affect
its authorized pre-transition operation. The DTV Both (Pre- and
Post-Transition) service type is for a station whose application
relates to both its pre- and post-transition operation. Only a
station whose pre-transition DTV channel is the same as its post-
transition channel may use the DTV Both service type.''
10. Form Section VII-D--DTV Engineering on page 15 is revised by
changing the two paragraphs preceding Question 1. The revised
paragraphs will read as follows:
``Complete Questions 1-5, and provide all data and information
for the proposed facility, as requested in Technical Specifications,
Items 1-13.
``Pre-Transition Certification Checklist. An application
concerning a pre-transition channel must complete questions 1(a)-
(c), and 2-5. A correct answer of ``Yes'' to all of these questions
will ensure an expeditious grant of a construction permit
application to change pre-transition facilities. However, if the
proposed facility is located within the Canadian or Mexican borders,
coordination of the proposal under the appropriate treaties may be
required prior to grant of the application. An answer of ``No'' will
require additional evaluation of the applicable information in this
form before a construction permit can be granted.
``Post-Transition Expedited Processing.'' An application
concerning a post-transition channel must complete questions 1(a),
(d)-(e), and 2-5. A station applying for a construction permit to
build its post-transition channel will receive expedited processing
if its application (1) does not seek to expand the noise-limited
service contour in any direction beyond that established by Appendix
B of the Seventh Report and Order in MB Docket No. 87-268
establishing the new DTV Table of Allotments in 47 CFR 73.622(i)
(``new DTV Table Appendix B''); (2) specifies facilities that match
or closely approximate those defined in the new DTV Table Appendix B
facilities; and (3) is filed within 45 days of the effective date of
Section 73.616 of the rules adopted in the Report and Order in the
Third DTV Periodic Review proceeding, MB Docket No. 07-91.
11. Form Section VII-D--DTV Engineering, Question 1, on page 15
is revised by changing (b) and (c) and by adding (d) and (e).
Revised questions (b) and (c) and new questions (d) and (e) will
read as follows:
``(b) It will operate a pre-transition facility from a
transmitting antenna located within 5.0 km (3.1 miles) of the DTV
reference site for this station as established in 47 CFR 73.622.
[ballot] Yes [ballot] No
``(c) It will operate a pre-transition facility with an
effective radiated power (ERP) and antenna height above average
terrain (HAAT) that do not exceed the DTV reference ERP and HAAT for
this station as established in 47 CFR 73.622. [ballot] Yes [ballot]
No
``(d) It will operate at post-transition facilities that do not
expand the noise-limited service contour in any direction beyond
that established by Appendix B of the Seventh Report and Order in MB
Docket No. 87-268 establishing the new DTV Table of Allotments in 47
CFR 73.622(i) (``new DTV Table Appendix B''). [ballot] Yes [ballot]
No [ballot] Don't Know
``(e) It will operate at post-transition facilities that match
or reduce by no more than five percent with respect to predicted
population from those defined in the new DTV Table Appendix B.
[ballot] Yes [ballot] No [ballot] Don't Know
12. Instructions to Section VII-D (DTV Engineering) is revised
to explain that: (i) question 1(a) applies to all facility changes
(see 47 CFR 73.622(a) and (i)), (ii) questions 1(b) and 1(c) apply
only to applications for pre-transition facilities, and (iii)
questions 1(d) and 1(e). Item 1 (of Instructions to Section VII) is
revised as follows:
``Certifications Checklist. Items 1-5 set forth a series of
certifications concerning the Commission's technical allotment
standards and operational requirements for DTV stations.
``Item 1: The applicant must certify compliance with the digital
television channel allotment and operational requirements contained
in 47 CFR 73.622. Specifically, this question requires that the
applicant certify that (a) the application specifies a channel and
community in accordance with the Commission's Table of Television
Allotments, 47 CFR 73.622(b) or (i), (b) it will operate a pre-
transition facility with a transmitting antenna located within 5
kilometers of the DTV reference coordinates for the station, as
referenced in Section 73.622(d) and set forth in the Sixth Report
and Order in MM Docket No. 87-268, 12 FCC Rcd 14588 (1997), (c) it
will operate with pre-transition facilities that do not exceed the
power and antenna height maximum specified in Section 73.622(f), (d)
it will operate at post-transition facilities that do not expand the
noise-limited service contour in any direction beyond that
established by Appendix B of the Seventh Report and Order in MB
Docket No. 87-268 establishing the new DTV Table of Allotments in 47
CFR 73.622(i), and (e) it will operate at post-transition facilities
that match or reduce by no more than five percent with respect to
predicted population from those defined in the new DTV Table
Appendix B.
``If any of items 1(a)-1(c) are answered ``No'' in an
application of a pre-transition facility, the applicant must
demonstrate in response to Section III-D, Item 11 that the proposal
will not cause or increase interference to any other DTV broadcast
application, DTV allotment, or analog TV broadcast authorization.
``Interference is to be predicted for a pre-transition facility
in accordance with the procedure set forth in Appendix B of the
Sixth Report and Order in MM Docket No. 87-268. See 47 CFR 73.623.
``If any of items 1(a), 1(d)-(e) are answered ``No'' in an
application of a post-transition facility, the applicant will not
qualify for expedited processing.
``Interference is to be predicted for a post-transition facility
in accordance with the procedures set forth in the Report and Order
in the Third DTV Periodic Review proceeding, MB Docket No. 07-91.
See 47 CFR 73.616 and 73.623.''
13. Form Section VII-D--DTV Engineering (TECHNICAL
SPECIFICATIONS) TECH BOX Question 11, first paragraph, on page 17 is
revised as follows:
``Does the proposed facility satisfy the pre-transition
interference protection provisions of 47 CFR 73.623(a) (Applicable
only if Certification Checklist Items 1(a), (b), or (c) are answered
``No.'') and/or the post-transition interference protection
provisions of 47 CFR 73.616? [ballot] Yes [ballot] No''
14. Form and Instructions Section VII-D--DTV Engineering
(TECHNICAL SPECIFICATIONS) TECH BOX Questions, is revised to make
non-substantive conforming edits necessary because of the other
changes.
The Federal Communications Commission revises FCC Form 317 as
set forth below.
15. Form 317 and Instructions are revised to indicate that DTV
permittees are required to file the form and report their ancillary
and supplementary services.
The Federal Communications Commission revises FCC Form 337 as
set forth below:
16. Main Form is revised to reflect the proposed rule revisions
to 47 CFR 73.624(d) in section V.C.4. and Appendix A. Specifically,
Question 5 on page 2 is revised as follows:
[ballot] Legal reasons beyond station's control (e.g., litigation,
international coordination)
[ballot] Severe financial hardship (e.g., bankruptcy, negative cash
flow)
[ballot] Other reasons (e.g., natural disasters)
17. Instructions are revised to reflect the proposed rule
revisions to 47 CFR 73.624(d) in section V.C.4. and Appendix A.
Specifically, Item 5 is revised to by adding a new paragraphs and
deleting the last paragraph as follows:
Item 5: Reason for Delay in Construction. In the Fifth Report
and Order in MM Docket No. 87-268, 12 FCC Rcd 12809 (1997), on
reconsideration, 13 FCC Rcd 6860 (1998), the Commission announced
its willingness to grant, on a case-by-case basis, an extension to
the applicable DTV construction deadline where a broadcaster has
been unable to complete construction due to circumstances that are
either unforeseeable or beyond the permittee's control, provided the
broadcaster has taken all reasonable steps to resolve the problem
expeditiously. The Commission also stated that it would modify its
existing policies regarding extensions, taking into account problems
encountered that are unique to the DTV conversion.
In the Report and Order in MB Docket No. 07-91, [-- FCC Rcd --]
(2007), the Commission adopted a stricter standard for the grant of
an extension of the applicable DTV construction deadline. See 47 CFR
73.624(d)(3).
First, stations may no longer obtain an extension because of
technical reasons, such as equipment delays. Second, the Commission
tightened the financial showing required for an extension. While
previously requiring a showing that the cost of meeting the minimum
build-out requirements exceeded the station's financial resources,
the Commission now requires a showing that the station is (1) the
subject of a bankruptcy or receivership proceeding, or (2)
experiencing severe financial hardship, as defined by negative cash
flow for the past
[[Page 5689]]
three years. In order to be considered for an extension due to
financial hardship, a station must: (1) Submit proof that they have
filed for bankruptcy or that a receiver has been appointed, or (2)
submit an audited financial statement for the previous three years.
In addition, the station must submit a schedule that outlines the
time period for the completion of construction. To the extent that
an applicant's description of its financial condition sets forth
information that is proprietary and not customarily disclosed to the
public, the applicant may request that the Commission treat the
information as confidential. See 47 CFR 0.459.
The Commission will continue to consider extension requests
where the station is facing legal obstacles, where resolution of the
issue is truly beyond the control of the station. Such circumstances
may include, for example, where a station is awaiting Commission
action on an application for a DTV construction permit and action is
delayed for reasons beyond the station's control (e.g., obtaining
required governmental approvals such as FAA, Canadian and Mexican
clearance) or where the Commission's action on the application is
the subject of a court appeal.
In addition, the Commission will continue to consider other
circumstances that are either unforeseeable or beyond the station's
control. Such circumstances may include, for example, acts of God,
terrorism, and such natural disasters as floods, tornadoes,
hurricanes, earthquakes and other calamities that are unforeseeable
events warranting additional time to construct.
In responding to this question, the applicant should attest to
the nature of the problem(s) preventing the timely completion of
construction and provide a detailed explanation of the reason(s)
requiring an additional time to construct its station's DTV
facilities.
18. Form and Instructions are revised to make non-substantive
changes necessary to update the form.
The Federal Communications Commission creates a new FCC Form--
``FCC Form 387: DTV Transition Status Report''--as set forth below:
19. The new Form will contain the following data elements:
Note: This Form must be filed by all full-power broadcast
television stations (licensees and permittees) no later than
February 18, 2008. Each Licensee/Permittee is responsible for the
continuing accuracy and completeness of the information furnished in
this Form. Each Licensee/Permittee must update this Form, as
necessary, until such Licensee/Permittee reports the completion of
its transition (i.e., that it has begun operating its full,
authorized facility as defined in the post-transition DTV Table, 47
CFR 73.622(i), and accompanying Appendix B). In addition, Each
Licensee/Permittee that has not reported the completion of its full,
authorized post-transition facility on this Form on or before
October 20, 2008, must update this Form to report their current
status as of that date.
SECTION I--GENERAL INFORMATION
Item 1. Licensee/Permittee Information: Legal Name of the
Licensee/Permittee; Mailing Address; City; State or Country (if
foreign address); ZIP Code; Telephone Number (include area code); E-
Mail Address (if available).
Item 2. Contact Information (if different from licensee/
permittee): Contact Representative; Firm or Company Name; Mailing
Address; City; State or Country (if foreign address); ZIP Code;
Telephone Number (include area code); E-Mail Address (if available).
Item 3. Station/Facility Information: (a) FCC Registration
Number; Call Sign; Facility ID Number; Community of License: City,
State; Network Affiliation (if applicable); (b) Currently Assigned
Channels: NTSC Channel; Post-Transition DTV Channel; Pre-Transition
DTV Channel (if different from Post-Transition channel); (c)
Relevant FCC File No. for Post-Transition Authorization, if on file
with Commission (or indicate ``Not Yet Filed''); (d) Post-Transition
Construction Deadline: (i) February 17, 2009 if Pre-Transition DTV
Channel is different from Post-Transition channel; (ii) Date 30 days
after the effective date of the amendments to Section 73.624(d) of
the rules adopted in the Report and Order in the Third DTV Periodic
Review proceeding, MB Docket No. 07-91; (iii) February 17, 2009 if
the station demonstrates that it faces a unique technical challenge
(e.g., side-mounted antenna-related issue) preventing it from
completing construction of its full, authorized post-transition
facility; (iv) Expiration date of construction permit or pending
application for an extension of time to construct a post-transition
facility.
SECTION II--POST-TRANSITION FACILITY (Complete All Items Unless
Otherwise Indicated)
Item 1. Operational Status: Is the Licensee/Permittee now
operating its fully authorized final, DTV (post-transition)
facility? [ballot] Yes or [ballot] No (If YES, Licensee/Permittee is
finished with this Form; If NO, go to Item 2.)
Item 2. If Item 1 is NO (i.e., not fully operational), then
indicate operational status of final, DTV (post-transition) facility
and indicate date Licensee/Permittee expects to begin full,
authorized post-transition operations: (check one)
[ballot] (i). Licensee/Permittee is operating its post-transition
facility pursuant to program test authority; see 47 CFR 73.1620(a).
If checked, indicate date Licensee/Permittee expects to file its
license to cover (FCC Form 302) application.
[ballot] (ii). Licensee/Permittee is operating its post-transition
facility pursuant to special temporary authority (STA) or at a
reduced facility. If checked, indicate power level and percentage of
analog population covered by reduced facility.
[ballot] (iii). Licensee/Permittee is not operating its post-
transition facility.
Item 3. Construction Status: Has the Licensee/Permittee
completed construction of its final, DTV (post-transition) facility?
[ballot] Yes or [ballot] No (If YES, skip Items 4-5 and go to Item
6(a); If NO, go to Item 4.)
Item 4. If Item 3 is NO (i.e., not fully constructed), then
indicate construction status of final, DTV (post-transition)
facility and indicate date Licensee/Permittee expects to complete
construction: (check all that apply)
[ballot] (i). Licensee/Permittee has not begun construction of its
post-transition facility.
[ballot] (ii). Licensee/Permittee is now constructing its post-
transition facility.
[ballot] (iii). Licensee/Permittee has constructed a reduced post-
transition facility and additional construction is needed to
complete Licensee/Permittee's fully authorized facility.
Item 5. Construction Permit Status: Does the Licensee/Permittee
hold a license or construction permit for its final, DTV (post-
transition) facility? [ballot] Yes or [ballot] No (If YES, then
indicate relevant FCC File No. and go to Item 6(a); If NO, skip Item
6(a) and go to Item 6(b)).
Item 6(a). Does the Licensee/Permittee need to modify its
license or construction permit in order to match the post-transition
facilities defined for the Licensee/Permittee in the new DTV Table
of Allotments, 47 CFR 73.622(i), as adopted in the Seventh Report
and Order in MB Docket No. 87-268? [ballot] Yes or [ballot] No (If
YES, go to 6(b); If NO, skip Item 6(b).)
Item 6(b). Has the Licensee/Permittee filed an application for a
new or modified construction permit for its final, DTV (post-
transition) facility? [ballot] Yes or [ballot] No (If YES, then
indicate date filed and relevant FCC File No.; If NO, then indicate
date Licensee/Permittee expects to file such application.) (NOTE: To
qualify for expedited processing, the Licensee/Permittee must file
its application within 45 days of the effective date of Section
73.616 of the rules adopted in the Third DTV Periodic Review
proceeding, MB Docket No. 07-91, as well as meet other criteria
described in that proceeding.)
SECTION III--NEXT STEPS (For Licensee/Permittees That Are Not Fully
Constructed or Operational)
At present, Licensee/Permittee has the following needs that must
be addressed before it can fully construct and operate its final,
DTV (post-transition) facility: (check all that apply and for all
checked responses, describe issue and estimated date of resolution.)
[ballot] (i). Licensee/Permittee needs to obtain FCC action on a
pending application. (If checked, indicate date filed and relevant
FCC File No.)
[ballot] (ii). Licensee/Permittee needs to obtain international
government clearance for its post-transition facility.
[ballot] (iii). Licensee/Permittee needs to obtain FAA approval for
its post-transition facility.
[ballot] (iv). Licensee/Permittee needs to obtain state or local
governmental approval (e.g., zoning) for post-transition facility.
[ballot] (v). Licensee/Permittee needs to obtain, adjust and/or
install equipment for its post-transition facility. (If checked,
specify need below and indicate when equipment was ordered and
expected delivery date.)
[ballot] (1). New antenna.
[ballot] (2). Adjust or install antenna (except for side-mount
issue).
[ballot] (3). Switch side-mounted DTV antenna with top-mounted
analog antenna.
[[Page 5690]]
[ballot] (4). New transmitter.
[ballot] (5). Adjust or install transmitter.
[ballot] (6). General installation of equipment requiring hiring of
a tower crew.
[ballot] (7). Other equipment needs. (If checked, specify.)
[ballot] (vi). Licensee/Permittee needs to change its tower location
or construct a new tower.
[ballot] (vii). Licensee/Permittee needs to coordinate its
transition with other broadcast stations. (If checked, specify Call
Signs of those other stations.)
[ballot] (viii). Licensee/Permittee has other needs that must be
addressed before it can fully construct and operate its post-
transition facility. (If checked, specify.)
SECTION IV--ANALOG SERVICE
Item 1. Status of Analog Service. (Check one.) Note: Full-power
television broadcast stations must cease broadcasting in analog as
of the transition date (i.e., February 17, 2009), as required by
statute; see 47 U.S.C. 309(j)(14).
[ballot] (i). Licensee/Permittee will continue to provide full,
authorized analog service until the transition date.
[ballot] (ii). Licensee/Permittee has obtained FCC approval to
reduce its analog service prior to the transition date. If checked,
indicate relevant FCC File No., date reduced service will begin,
power level and percentage of population covered by Licensee/
Permittee's analog service.
[ballot] (iii). Licensee/Permittee has obtained FCC approval to
terminate its analog service prior to the transition date. If
checked, indicate relevant FCC File No. and date service will cease.
[ballot] (iv). Licensee/Permittee has filed an application with the
FCC requesting approval to reduce its analog service prior to the
transition date. If checked, indicate relevant FCC File No.,
proposed date reduced service would begin, proposed power level and
percentage of population that would be covered by Licensee/
Permittee's proposed reduced analog service.
[ballot] (v). Licensee/Permittee has filed an application with the
FCC requesting approval to terminate its analog service prior to the
transition date. If checked, indicate relevant FCC File No. and
proposed date service will cease.
SECTION V--DTV TRANSITION PLAN (For Licensee/Permittees That Are Not
Fully Constructed or Operational)
Licensee/Permittee must describe in detail its plans for ceasing
analog broadcasting by the February 17, 2009 transition date and for
completing construction of its post-transition facility by the
deadline. For example, plan must include a detailed timeline of the
Licensee/Permittee's plans to complete construction and any
necessary testing of the Licensee/Permittee's full, authorized post-
transition facility.
SECTION VI--Anti-Drug Abuse Act Certification and Licensee/Permittee's
Signature
Note: this Form will be posted on http://www.fcc.gov and www.dtv.gov.
20. The Instructions to the new Form will explain the data
elements noted above.
Appendix D.--List of Stations Identified as Ready To Commence Post-
Transition DTV Operations
----------------------------------------------------------------------------------------------------------------
Current Post-
Facility ID Call sign Community State NTSC Current DTV transition
channel channel channel
----------------------------------------------------------------------------------------------------------------
10173.............. KTUU-TV ANCHORAGE......... AK 2 10 10
804................ KAKM ANCHORAGE......... AK 7 8 8
49632.............. KTVA ANCHORAGE......... AK 11 28 28
13813.............. KATN FAIRBANKS......... AK 2 18 18
8651............... KTOO JUNEAU............ AK 3 10 10
13814.............. KJUD JUNEAU............ AK 8 11 11
71325.............. WDBB BESSEMER.......... AL 17 18 18
16820.............. WABM BIRMINGHAM........ AL 68 36 36
720................ WIIQ DEMOPOLIS......... AL 41 19 19
65128.............. WHDF FLORENCE.......... AL 15 14 14
73312.............. WPXH GADSDEN........... AL 44 45 45
1002............... WTJP-TV GADSDEN........... AL 60 26 26
74138.............. WTTO HOMEWOOD.......... AL 21 28 28
57292.............. WAAY HUNTSVILLE........ AL 31 32 32
591................ WAFF HUNTSVILLE........ AL 48 49 49
28119.............. WZDX HUNTSVILLE........ AL 54 41 41
710................ WGIQ LOUISVILLE........ AL 43 44 44
4143............... WALA-TV MOBILE............ AL 10 9 9
60827.............. WMPV-TV MOBILE............ AL 21 20 20
721................ WEIQ MOBILE............ AL 42 41 41
60829.............. WMCF-TV MONTGOMERY........ AL 45 46 46
32851.............. WDFX-TV OZARK............. AL 34 33 33
84802.............. WBIH SELMA............. AL 29 29 29
2768............... KETG ARKADELPHIA....... AR 9 13 13
35692.............. KTVE EL DORADO......... AR 10 27 27
2767............... KAFT FAYETTEVILLE...... AR 13 9 9
60354.............. KHOG-TV FAYETTEVILLE...... AR 29 15 15
66469.............. KFSM-TV FORT SMITH........ AR 5 18 18
29560.............. KFTA-TV FORT SMITH........ AR 24 27 27
60353.............. KHBS FORT SMITH........ AR 40 21 21
2769............... KTEJ JONESBORO......... AR 19 20 20
33440.............. KARK LITTLE ROCK....... AR 4 32 32
33543.............. KATV LITTLE ROCK....... AR 7 22 22
2787............... KTHV LITTLE ROCK....... AR 11 12 12
11951.............. KLRT-TV LITTLE ROCK....... AR 16 30 30
2777............... KEMV MOUNTAIN VIEW..... AR 6 13 13
607................ KVTN PINE BLUFF........ AR 25 24 24
41212.............. KASN PINE BLUFF........ AR 38 39 39
29557.............. KNWA-TV ROGERS............ AR 51 50 50
67347.............. KSBN-TV SPRINGDALE........ AR 57 39 39
35104.............. KCFG FLAGSTAFF......... AZ 9 32 32
40993.............. KTVK PHOENIX........... AZ 3 24 24
41223.............. KPHO-TV PHOENIX........... AZ 5 17 17
67868.............. KPAZ-TV PHOENIX........... AZ 21 20 20
[[Page 5691]]
7143............... KASW PHOENIX........... AZ 61 49 49
35095.............. KWBA SIERRA VISTA...... AZ 58 44 44
25735.............. KVOA TUCSON............ AZ 4 23 23
2731............... KUAT-TV TUCSON............ AZ 6 30 30
44052.............. KMSB-TV TUCSON............ AZ 11 25 25
48663.............. KOLD-TV TUCSON............ AZ 13 32 32
11908.............. KTTU-TV TUCSON............ AZ 18 19 19
2722............... KUAS-TV TUCSON............ AZ 27 28 28
24518.............. KDOC-TV ANAHEIM........... CA 56 32 32
8263............... KAEF ARCATA............ CA 23 22 22
29234.............. KAZA-TV AVALON............ CA 54 47 47
34459.............. KGET-TV BAKERSFIELD....... CA 17 25 25
4148............... KBAK-TV BAKERSFIELD....... CA 29 33 33
63865.............. KHIZ BARSTOW........... CA 64 44 44
4939............... KBSV CERES............. CA 23 15 15
19783.............. KVEA CORONA............ CA 52 39 39
42640.............. KVIQ EUREKA............ CA 6 17 17
55435.............. KEET EUREKA............ CA 13 11 11
58618.............. KBVU EUREKA............ CA 29 28 28
69733.............. KVPT FRESNO............ CA 18 40 40
35594.............. KSEE FRESNO............ CA 24 38 38
56034.............. KGPE FRESNO............ CA 47 34 34
67494.............. KAIL FRESNO............ CA 53 7 7
34439.............. KFTV HANFORD........... CA 21 20 20
35670.............. KTLA-TV LOS ANGELES....... CA 5 31 31
26231.............. KWHY-TV LOS ANGELES....... CA 22 42 42
38430.............. KLCS LOS ANGELES....... CA 58 41 41
58609.............. KUVS-TV MODESTO........... CA 19 18 18
26249.............. KION-TV MONTEREY.......... CA 46 32 32
35611.............. KSMS-TV MONTEREY.......... CA 67 31 31
56384.............. KBEH OXNARD............ CA 63 24 24
58605.............. KCVU PARADISE.......... CA 30 20 20
35512.............. KTFF-TV PORTERVILLE....... CA 61 48 48
55083.............. KXLA RANCHO PALOS CA 44 51 51
VERDES.
52953.............. KSPX SACRAMENTO........ CA 29 48 48
51499.............. KMAX-TV SACRAMENTO........ CA 31 21 21
14867.............. KCBA SALINAS........... CA 35 13 13
58795.............. KVCR-TV SAN BERNARDINO.... CA 24 26 26
6124............... KPBS SAN DIEGO......... CA 15 30 30
35277.............. KNSD SAN DIEGO......... CA 39 40 40
10238.............. KUSI-TV SAN DIEGO......... CA 51 18 18
58827.............. KSWB-TV SAN DIEGO......... CA 69 19 19
33778.............. KDTV SAN FRANCISCO..... CA 14 51 51
51189.............. KBWB SAN FRANCISCO..... CA 20 19 19
37511.............. KTSF SAN FRANCISCO..... CA 26 27 27
71586.............. KCNS SAN FRANCISCO..... CA 38 39 39
69619.............. KBCW-TV SAN FRANCISCO..... CA 44 45 45
35280.............. KNTV SAN JOSE.......... CA 11 12 12
64987.............. KSTS SAN JOSE.......... CA 48 49 49
35663.............. KTEH SAN JOSE.......... CA 54 50 50
22644.............. KKPX SAN JOSE.......... CA 65 41 41
12930.............. KTAS SAN LUIS OBISPO... CA 33 34 34
58912.............. KCSM-TV SAN MATEO......... CA ........... 43 43
59013.............. KFRE-TV SANGER............ CA 59 36 36
12144.............. KPMR SANTA BARBARA..... CA 38 21 21
56550.............. KOVR STOCKTON.......... CA 13 25 25
10242.............. KQCA STOCKTON.......... CA 58 46 46
16729.............. KVMD TWENTYNINEPALMS... CA ........... 23 23
51429.............. KFSF-TV VALLEJO........... CA 66 34 34
14000.............. KJLA VENTURA........... CA 57 49 49
51488.............. KMPH VISALIA........... CA 26 28 28
16950.............. KNXT VISALIA........... CA 49 50 50
57219.............. KTFD-TV BOULDER........... CO 14 15 15
37101.............. KWHD CASTLE ROCK....... CO 53 46 46
35037.............. KKTV COLORADO SPRINGS.. CO 11 10 10
35991.............. KXRM-TV COLORADO SPRINGS.. CO 21 22 22
126................ KDVR DENVER............ CO 31 32 32
20476.............. KRMT DENVER............ CO 41 40 40
48589.............. KREZ-TV DURANGO........... CO 6 15 15
84224.............. KRMU DURANGO........... CO ........... 20 20
125................ KFCT FORT COLLINS...... CO 22 21 21
70578.............. KREG-TV GLENWOOD SPRINGS.. CO 3 23 23
[[Page 5692]]
31597.............. KFQX GRAND JUNCTION.... CO 4 15 15
70596.............. KREX-TV GRAND JUNCTION.... CO 5 2 2
24766.............. KKCO GRAND JUNCTION.... CO 11 12 12
38375.............. KDEN LONGMONT.......... CO 25 29 29
70579.............. KREY-TV MONTROSE.......... CO 10 13 13
59014.............. KOAA PUEBLO............ CO 5 42 42
70493.............. WSAH BRIDGEPORT........ CT 43 42 42
53115.............. WFSB HARTFORD.......... CT 3 33 33
3072............... WUVN HARTFORD.......... CT 18 46 46
74170.............. WVIT NEW BRITAIN....... CT 30 35 35
74109.............. WTNH NEW HAVEN......... CT 8 10 10
33081.............. WCTX NEW HAVEN......... CT 59 39 39
13595.............. WEDY NEW HAVEN......... CT 65 6 6
13607.............. WEDN NORWICH........... CT 53 9 9
65670.............. WETA-TV WASHINGTON........ DC 26 27 27
27772.............. WHUT-TV WASHINGTON........ DC 32 33 33
72335.............. WDPB SEAFORD........... DE 64 44 44
51984.............. WPPX WILMINGTON........ DE 61 31 31
51349.............. WPPB-TV BOCA RATON........ FL 63 40 40
70649.............. WFTX CAPE CORAL........ FL 36 35 35
11125.............. WCLF CLEARWATER........ FL 22 21 21
53465.............. WKCF CLERMONT.......... FL 18 17 17
6744............... WBCC COCOA............. FL 68 30 30
25738.............. WESH DAYTONA BEACH..... FL 2 11 11
81669.............. WFBD DESTIN............ FL ........... 48 48
22093.............. WINK-TV FORT MYERS........ FL 11 9 9
71085.............. WBBH-TV FORT MYERS........ FL 20 15 15
29715.............. WTCE-TV FORT PIERCE....... FL 21 38 38
69440.............. WUFT GAINESVILLE....... FL 5 36 36
16993.............. WCJB-TV GAINESVILLE....... FL 20 16 16
7727............... WGFL HIGH SPRINGS...... FL 53 28 28
60536.............. WAMI-TV HOLLYWOOD......... FL 69 47 47
53116.............. WJXT JACKSONVILLE...... FL 4 42 42
65046.............. WTLV JACKSONVILLE...... FL 12 13 13
29712.............. WJWB JACKSONVILLE...... FL 17 34 34
11909.............. WAWS JACKSONVILLE...... FL 30 32 32
35576.............. WTEV-TV JACKSONVILLE...... FL 47 19 19
29719.............. WJEB-TV JACKSONVILLE...... FL 59 44 44
27290.............. WPXP LAKE WORTH........ FL 67 36 36
53819.............. WMOR-TV LAKELAND.......... FL 32 19 19
9881............... WLCB-TV LEESBURG.......... FL 45 46 46
60018.............. WACX LEESBURG.......... FL 55 40 40
22245.............. WFXU LIVE OAK.......... FL 57 48 48
67602.............. WOPX MELBOURNE......... FL 56 48 48
13456.............. WPBT MIAMI............. FL 2 18 18
47902.............. WFOR-TV MIAMI............. FL 4 22 22
63154.............. WTVJ MIAMI............. FL 6 31 31
12497.............. WBFS-TV MIAMI............. FL 33 32 32
10203.............. WBZL MIAMI............. FL 39 19 19
10203.............. WSFL MIAMI............. FL 39 19 19
67971.............. WHFT-TV MIAMI............. FL 45 46 46
19183.............. WZVN-TV NAPLES............ FL 26 41 41
61504.............. WTVK NAPLES............ FL 46 45 45
70651.............. WOGX OCALA............. FL 51 31 31
11893.............. WJXX ORANGE PARK....... FL 25 10 10
72076.............. WFTV ORLANDO........... FL 9 39 39
41225.............. WOFL ORLANDO........... FL 35 22 22
54940.............. WRBW ORLANDO........... FL 65 41 41
11123.............. WFGC PALM BEACH........ FL 61 49 49
2942............... WPGX PANAMA CITY....... FL 28 9 9
6093............... WFSG PANAMA CITY....... FL 56 38 38
71363.............. WEAR-TV PENSACOLA......... FL 3 17 17
17611.............. WSRE PENSACOLA......... FL 23 31 31
10894.............. WHBR PENSACOLA......... FL 33 34 34
41210.............. WJTC PENSACOLA......... FL 44 45 45
21801.............. WFSU-TV TALLAHASSEE....... FL 11 32 32
82735.............. WTLF TALLAHASSEE....... FL ........... 24 24
64592.............. WFLA-TV TAMPA............. FL 8 7 7
68569.............. WTVT TAMPA............. FL 13 12 12
69338.............. WUSF-TV TAMPA............. FL 16 34 34
64588.............. WFTS-TV TAMPA............. FL 28 29 29
71580.............. WRXY-TV TICE.............. FL 49 33 33
[[Page 5693]]
16788.............. WVEA-TV VENICE............ FL 62 25 25
52527.............. WPEC WEST PALM BEACH... FL 12 13 13
39736.............. WFLX WEST PALM BEACH... FL 29 28 28
61084.............. WXEL-TV WEST PALM BEACH... FL 42 27 27
70815.............. WFXL ALBANY............ GA 31 12 12
48813.............. WUVG-TV ATHENS............ GA 34 48 48
23960.............. WSB-TV ATLANTA........... GA 2 39 39
70689.............. WAGA ATLANTA........... GA 5 27 27
51163.............. WXIA-TV ATLANTA........... GA 11 10 10
64033.............. WTBS ATLANTA........... GA 17 20 20
22819.............. WATL ATLANTA........... GA 36 25 25
72120.............. WGCL-TV ATLANTA........... GA 46 19 19
13206.............. WATC ATLANTA........... GA 57 41 41
6900............... WUPA ATLANTA........... GA 69 43 43
27140.............. WJBF AUGUSTA........... GA 6 42 42
70699.............. WAGT AUGUSTA........... GA 26 30 30
3228............... WFXG AUGUSTA........... GA 54 51 51
69446.............. WGSA BAXLEY............ GA 34 35 35
71236.............. WPXC-TV BRUNSWICK......... GA 21 24 24
3359............... WRBL COLUMBUS.......... GA 3 15 15
12472.............. WXTX COLUMBUS.......... GA 54 49 49
60825.............. WELF-TV DALTON............ GA 23 16 16
58262.............. WGXA MACON............. GA 24 16 16
43847.............. WMGT MACON............. GA 41 40 40
24618.............. WGNM MACON............. GA 64 45 45
68058.............. WHSG-TV MONROE............ GA 63 44 44
54728.............. WPGA-TV PERRY............. GA 58 32 32
51969.............. WPXA ROME.............. GA 14 51 51
48662.............. WSAV-TV SAVANNAH.......... GA 3 39 39
28155.............. WSWG VALDOSTA.......... GA 44 43 43
34846.............. KHBC-TV HILO.............. HI 2 22 22
37103.............. KWHH HILO.............. HI 14 23 23
4144............... KHON-TV HONOLULU.......... HI 2 8 8
64548.............. KITV HONOLULU.......... HI 4 40 40
36846.............. KWHE HONOLULU.......... HI 14 31 31
34527.............. KIKU HONOLULU.......... HI 20 19 19
3246............... KAAH-TV HONOLULU.......... HI 26 27 27
27425.............. KWBN HONOLULU.......... HI 44 43 43
664................ KLEI KAILUA KONA....... HI 6 25 25
77483.............. KPXO KANEOHE........... HI 66 41 41
25685.............. KGAN CEDAR RAPIDS...... IA 2 51 51
35336.............. KFXA CEDAR RAPIDS...... IA 28 27 27
21156.............. KPXR CEDAR RAPIDS...... IA 48 47 47
29108.............. KBIN-TV COUNCIL BLUFFS.... IA 32 33 33
54011.............. KLJB-TV DAVENPORT......... IA 18 49 49
56527.............. KDSM-TV DES MOINES........ IA 17 16 16
35096.............. KWKB IOWA CITY......... IA 20 25 25
66402.............. KIMT MASON CITY........ IA 3 42 42
29086.............. KYIN MASON CITY........ IA 24 18 18
29085.............. KHIN RED OAK........... IA 36 35 35
66170.............. KTIV SIOUX CITY........ IA 4 41 41
39665.............. KMEG SIOUX CITY........ IA 14 39 39
29096.............. KSIN-TV SIOUX CITY........ IA 27 28 28
29114.............. KRIN WATERLOO.......... IA 32 35 35
62442.............. KAID BOISE............. ID 4 21 21
59363.............. KNIN-TV CALDWELL.......... ID 9 10 10
56028.............. KIDK IDAHO FALLS....... ID 3 36 36
62382.............. KUID MOSCOW............ ID 35 12 12
1270............... KPVI POCATELLO......... ID 6 23 23
5875............... WYZZ-TV BLOOMINGTON....... IL 43 28 28
42124.............. WCIA CHAMPAIGN......... IL 3 48 48
25684.............. WICD CHAMPAIGN......... IL 15 41 41
25684.............. WICD CHAMPAIGN......... IL 15 41 41
18301.............. WEIU CHARLESTON........ IL 51 50 50
47905.............. WMAQ-TV CHICAGO........... IL 5 29 29
72115.............. WGN-TV CHICAGO........... IL 9 19 19
10802.............. WTTW CHICAGO........... IL 11 47 47
12279.............. WYCC CHICAGO........... IL 20 21 21
71428.............. WCIU-TV CHICAGO........... IL 26 27 27
22211.............. WFLD CHICAGO........... IL 32 31 31
10981.............. WCPX CHICAGO........... IL 38 43 43
70119.............. WSNS-TV CHICAGO........... IL 44 45 45
[[Page 5694]]
70852.............. WAND DECATUR........... IL 17 18 18
16363.............. WBUI DECATUR........... IL 23 22 22
70536.............. WSEC JACKSONVILLE...... IL 14 15 15
998................ WWTO-TV LASALLE........... IL 35 10 10
70537.............. WMEC MACOMB............ IL 22 21 21
67786.............. WTCT MARION............ IL 27 17 17
73319.............. WQAD-TV MOLINE............ IL 8 38 38
5468............... WQPT-TV MOLINE............ IL 24 23 23
4301............... WUSI-TV OLNEY............. IL 16 19 19
42121.............. WMBD-TV PEORIA............ IL 31 30 30
28311.............. WTVP PEORIA............ IL 47 46 46
71561.............. WQEC QUINCY............ IL 27 34 34
72945.............. WTVO ROCKFORD.......... IL 17 16 16
25686.............. WICS SPRINGFIELD....... IL 20 42 42
68939.............. WILL-TV URBANA............ IL 12 9 9
67787.............. WINM ANGOLA............ IN 63 12 12
56523.............. WTTV BLOOMINGTON....... IN 4 48 48
66536.............. WTIU BLOOMINGTON....... IN 30 14 14
10253.............. WIPX BLOOMINGTON....... IN 63 27 27
13991.............. WFIE EVANSVILLE........ IN 14 46 46
72041.............. WEVV EVANSVILLE........ IN 44 45 45
73905.............. WPTA FORT WAYNE........ IN 21 24 24
13960.............. WISE-TV FORT WAYNE........ IN 33 19 19
22108.............. WFWA FORT WAYNE........ IN 39 40 40
48772.............. WPWR-TV GARY.............. IN 50 51 51
49803.............. WYIN GARY.............. IN 56 17 17
32334.............. WJYS HAMMOND........... IN 62 36 36
40877.............. WRTV INDIANAPOLIS...... IN 6 25 25
39269.............. WISH-TV INDIANAPOLIS...... IN 8 9 9
41397.............. WFYI INDIANAPOLIS...... IN 20 21 21
37102.............. WHMB-TV INDIANAPOLIS...... IN 40 16 16
146................ WXIN INDIANAPOLIS...... IN 59 45 45
73204.............. WLFI-TV LAFAYETTE......... IN 18 11 11
28462.............. WNDY-TV MARION............ IN 23 32 32
67869.............. WKOI-TV RICHMOND.......... IN 43 39 39
34167.............. WFTE SALEM............. IN 58 51 51
41674.............. WNDU-TV SOUTH BEND........ IN 16 42 42
41671.............. WNIT SOUTH BEND........ IN 34 35 35
36117.............. WHME-TV SOUTH BEND........ IN 46 48 48
162115............. ................... COLBY............. KS ........... 19 19
79258.............. KDCK DODGE CITY........ KS ........... 21 21
60675.............. KOOD HAYS.............. KS 9 16 16
77063.............. KSCC HUTCHINSON........ KS 36 35 35
11912.............. KAAS-TV SALINA............ KS 18 17 17
72358.............. KSNW WICHITA........... KS 3 45 45
11911.............. KSAS-TV WICHITA........... KS 24 26 26
72348.............. KSWC WICHITA........... KS 33 31 31
34171.............. WKAS ASHLAND........... KY 25 26 26
27696.............. WLJC-TV BEATTYVILLE....... KY 65 7 7
71861.............. WKYU-TV BOWLING GREEN..... KY 24 18 18
61217.............. WNKY BOWLING GREEN..... KY 40 16 16
34177.............. WKGB-TV BOWLING GREEN..... KY 53 48 48
34204.............. WCVN-TV COVINGTON......... KY 54 24 24
64017.............. WDKY-TV DANVILLE.......... KY 56 4 4
34181.............. WKZT-TV ELIZABETHTOWN..... KY 23 43 43
37809.............. WAGV HARLAN............ KY 44 51 51
34196.............. WKHA HAZARD............ KY 35 16 16
24915.............. WYMT-TV HAZARD............ KY 57 12 12
73203.............. WLEX-TV LEXINGTON......... KY 18 39 39
24914.............. WKYT-TV LEXINGTON......... KY 27 13 13
34207.............. WKLE LEXINGTON......... KY 46 42 42
34211.............. WKON LEXINGTON......... KY 52 44 44
13989.............. WAVE LOUISVILLE........ KY 3 47 47
21432.............. WKPC-TV LOUISVILLE........ KY 15 17 17
73692.............. WBNA LOUISVILLE........ KY 21 8 8
53939.............. WLKY-TV LOUISVILLE........ KY 32 26 26
28476.............. WDRB LOUISVILLE........ KY 41 49 49
34195.............. WKMJ-TV LOUISVILLE........ KY 68 38 38
34212.............. WKMA-TV MADISONVILLE...... KY 35 42 42
34202.............. WKMR MOREHEAD.......... KY 38 15 15
23128.............. WUPX-TV MOREHEAD.......... KY 67 21 21
34174.............. WKMU MURRAY............ KY 21 36 36
[[Page 5695]]
39738.............. WXIX-TV NEWPORT........... KY 19 29 29
34205.............. WKOH OWENSBORO......... KY 31 30 30
51991.............. WPSD-TV PADUCAH........... KY 6 32 32
65758.............. WKPD PADUCAH........... KY 29 41 41
34200.............. WKPI-TV PIKEVILLE......... KY 22 24 24
34222.............. WKSO-TV SOMERSET.......... KY 29 14 14
38590.............. KLPA-TV ALEXANDRIA........ LA 25 26 26
38586.............. WLPB-TV BATON ROUGE....... LA 27 25 25
70021.............. WVLA BATON ROUGE....... LA 33 34 34
12520.............. WGMB BATON ROUGE....... LA 44 45 45
83945.............. WHMM-DT HAMMOND........... LA ........... 42 42
33471.............. KATC LAFAYETTE......... LA 3 28 28
33471.............. KATC LAFAYETTE......... LA 3 28 28
33261.............. KADN LAFAYETTE......... LA 15 16 16
38588.............. KLPB-TV LAFAYETTE......... LA 24 23 23
38587.............. KLTL-TV LAKE CHARLES...... LA 18 20 20
74192.............. WWL-TV NEW ORLEANS....... LA 4 36 36
37106.............. WHNO NEW ORLEANS....... LA 20 21 21
21729.............. WPXL NEW ORLEANS....... LA 49 50 50
70482.............. KSLA-TV SHREVEPORT........ LA 12 17 17
12525.............. KMSS-TV SHREVEPORT........ LA 33 34 34
73706.............. KSHV SHREVEPORT........ LA 45 44 44
13938.............. WUPL SLIDELL........... LA 54 24 24
38584.............. KMCT-TV WEST MONROE....... LA 39 38 38
72099.............. WGBH-TV BOSTON............ MA 2 19 19
25456.............. WBZ-TV BOSTON............ MA 4 30 30
65684.............. WCVB-TV BOSTON............ MA 5 20 20
6463............... WFXT BOSTON............ MA 25 31 31
72098.............. WGBX-TV BOSTON............ MA 44 43 43
7692............... WBPX BOSTON............ MA 68 32 32
73238.............. WLVI-TV CAMBRIDGE......... MA 56 41 41
41436.............. WMFP LAWRENCE.......... MA 62 18 18
22591.............. WLNE-TV NEW BEDFORD....... MA 6 49 49
3978............... WLWC NEW BEDFORD....... MA 28 22 22
6868............... WWLP SPRINGFIELD....... MA 22 11 11
6476............... WDPX VINEYARD HAVEN.... MA 58 40 40
30577.............. WUNI WORCESTER......... MA 27 29 29
18783.............. WYDN WORCESTER......... MA 48 47 47
10758.............. WBFF BALTIMORE......... MD 45 46 46
7933............... WNUV BALTIMORE......... MD 54 40 40
40626.............. WFPT FREDERICK......... MD 62 28 28
65943.............. WWPB HAGERSTOWN........ MD 31 44 44
71218.............. WBOC-TV SALISBURY......... MD 16 21 21
39656.............. WMEA-TV BIDDEFORD......... ME 26 45 45
39649.............. WMED-TV CALAIS............ ME 13 10 10
39648.............. WMEB-TV ORONO............. ME 12 9 9
25683.............. WGME-TV PORTLAND.......... ME 13 38 38
53065.............. WPXT PORTLAND.......... ME 51 43 43
16530.............. WDCQ-TV BAD AXE........... MI 35 15 15
10212.............. WOTV BATTLE CREEK...... MI 41 20 20
71871.............. WZPX BATTLE CREEK...... MI 43 44 44
41221.............. WNEM-TV BAY CITY.......... MI 5 22 22
9922............... WCMV CADILLAC.......... MI 27 17 17
25396.............. WFQX-TV CADILLAC.......... MI 33 47 47
21254.............. WTOM-TV CHEBOYGAN......... MI 4 35 35
53114.............. WDIV-TV DETROIT........... MI 4 45 45
74211.............. WMYD DETROIT........... MI 20 21 21
16817.............. WTVS DETROIT........... MI 56 43 43
21737.............. WSMH FLINT............. MI 66 16 16
36838.............. WOOD-TV GRAND RAPIDS...... MI 8 7 7
68433.............. WXMI GRAND RAPIDS...... MI 17 19 19
24784.............. WGVU-TV GRAND RAPIDS...... MI 35 11 11
29706.............. WHTV JACKSON........... MI 18 34 34
24783.............. WGVK KALAMAZOO......... MI 52 5 5
11033.............. WLLA KALAMAZOO......... MI 64 45 45
74094.............. WSYM-TV LANSING........... MI 47 38 38
36533.............. WLAJ LANSING........... MI 53 51 51
21259.............. WLUC-TV MARQUETTE......... MI 6 35 35
455................ WADL MOUNT CLEMENS..... MI 38 39 39
67781.............. WTLJ MUSKEGON.......... MI 54 24 24
72052.............. WEYI-TV SAGINAW........... MI 25 30 30
67792.............. WAQP SAGINAW........... MI 49 48 48
[[Page 5696]]
49579.............. KAWB BRAINERD.......... MN 22 28 28
132606............. KCGE-DT CROOKSTON......... MN ........... 16 16
4691............... KDLH DULUTH............ MN 3 33 33
35525.............. KQDS-TV DULUTH............ MN 21 17 17
9629............... WCCO-TV MINNEAPOLIS....... MN 4 32 32
36395.............. KMWB MINNEAPOLIS....... MN 23 22 22
35906.............. KXLT-TV ROCHESTER......... MN 47 46 46
35907.............. KPXM ST. CLOUD......... MN 41 40 40
68594.............. KTCA ST. PAUL.......... MN 2 34 34
71558.............. KSMN WORTHINGTON....... MN 20 15 15
19593.............. KBSI CAPE GIRARDEAU.... MO 23 22 22
41110.............. KRCG JEFFERSON CITY.... MO 13 12 12
48521.............. KNLJ JEFFERSON CITY.... MO 25 20 20
11291.............. WDAF-TV KANSAS CITY....... MO 4 34 34
41230.............. KCTV KANSAS CITY....... MO 5 24 24
53843.............. KCPT KANSAS CITY....... MO 19 18 18
64444.............. KCWE KANSAS CITY....... MO 29 31 31
59444.............. KSHB-TV KANSAS CITY....... MO 41 42 42
33337.............. KPXE KANSAS CITY....... MO 50 51 51
33336.............. KSMO-TV KANSAS CITY....... MO 62 47 47
21251.............. KTVO KIRKSVILLE........ MO 3 33 33
4326............... KMOS-TV SEDALIA........... MO 6 15 15
51102.............. KOZK SPRINGFIELD....... MO 21 23 23
3659............... KSFX-TV SPRINGFIELD....... MO 27 28 28
999................ KTAJ-TV ST. JOSEPH........ MO 16 21 21
35693.............. KTVI ST. LOUIS......... MO 2 43 43
35417.............. KPLR-TV ST. LOUIS......... MO 11 26 26
48525.............. KNLC ST. LOUIS......... MO 24 14 14
56524.............. KDNL-TV ST. LOUIS......... MO 30 31 31
43197.............. WMAH-TV BILOXI............ MS 19 16 16
43203.............. WABG-TV GREENWOOD......... MS 6 32 32
60830.............. WBUY-TV HOLLY SPRINGS..... MS 40 41 41
21250.............. WDAM-TV LAUREL............ MS 7 28 28
24314.............. WGBC MERIDIAN.......... MS 30 31 31
16539.............. WNTZ NATCHEZ........... MS 48 49 49
35694.............. KTVQ BILLINGS.......... MT 2 10 10
5243............... KSVI BILLINGS.......... MT 6 18 18
35724.............. KULR-TV BILLINGS.......... MT 8 11 11
35567.............. KRTV GREAT FALLS....... MT 3 7 7
34412.............. KFBB-TV GREAT FALLS....... MT 5 8 8
68717.............. KMTF HELENA............ MT 10 29 29
35455.............. KPAX-TV MISSOULA.......... MT 8 7 7
69300.............. WUNF-TV ASHEVILLE......... NC 33 25 25
70149.............. WASV-TV ASHEVILLE......... NC 62 45 45
65074.............. WGPX BURLINGTON........ NC 16 14 14
30826.............. WBTV CHARLOTTE......... NC 3 23 23
74070.............. WSOC-TV CHARLOTTE......... NC 9 34 34
49157.............. WCCB CHARLOTTE......... NC 18 27 27
32326.............. WCNC-TV CHARLOTTE......... NC 36 22 22
10645.............. WTVI CHARLOTTE......... NC 42 11 11
69292.............. WUND-TV EDENTON........... NC 2 20 20
21245.............. WFPX FAYETTEVILLE...... NC 62 36 36
72064.............. WFMY-TV GREENSBORO........ NC 2 51 51
25544.............. WUPN-TV GREENSBORO........ NC 48 33 33
54452.............. WLXI-TV GREENSBORO........ NC 61 43 43
57838.............. WNCT-TV GREENVILLE........ NC 9 10 10
69149.............. WUNK-TV GREENVILLE........ NC 25 23 23
65919.............. WHKY-TV HICKORY........... NC 14 40 40
37971.............. WPXU-TV JACKSONVILLE...... NC 35 34 34
12793.............. WAXN-TV KANNAPOLIS........ NC 64 50 50
35385.............. WTWB-TV LEXINGTON......... NC 20 19 19
35385.............. WCWG LEXINGTON......... NC 20 19 19
64611.............. WRAZ RALEIGH........... NC 50 49 49
20590.............. WRPX ROCKY MOUNT....... NC 47 15 15
48666.............. WECT WILMINGTON........ NC 6 44 44
72871.............. WSFX-TV WILMINGTON........ NC 26 30 30
69332.............. WUNJ-TV WILMINGTON........ NC 39 29 29
10133.............. WRAY-TV WILSON............ NC 30 42 42
53921.............. WXII-TV WINSTON-SALEM..... NC 12 31 31
414................ WXLV-TV WINSTON-SALEM..... NC 45 29 29
53324.............. KBME-TV BISMARCK.......... ND 3 22 22
41427.............. KFYR-TV BISMARCK.......... ND 5 31 31
[[Page 5697]]
55684.............. KXMA-TV DICKINSON......... ND 2 19 19
53315.............. KJRE ELLENDALE......... ND 19 20 20
22129.............. WDAY-TV FARGO............. ND 6 21 21
61961.............. KVLY-TV FARGO............. ND 11 44 44
53313.............. KSRE MINOT............. ND 6 40 40
49134.............. KXJB-TV VALLEY CITY....... ND 4 38 38
53318.............. KWSE WILLISTON......... ND 4 51 51
55683.............. KXMD-TV WILLISTON......... ND 11 14 14
47987.............. KHNE-TV HASTINGS.......... NE 29 28 28
47975.............. KLNE-TV LEXINGTON......... NE 3 26 26
72362.............. KSNK MCCOOK............ NE 8 12 12
65528.............. WOWT-TV OMAHA............. NE 6 22 22
53903.............. KETV OMAHA............. NE 7 20 20
47974.............. KYNE-TV OMAHA............. NE 26 17 17
51491.............. KPTM OMAHA............. NE 42 43 43
17683.............. KDUH-TV SCOTTSBLUFF....... NE 4 7 7
48406.............. WPXG CONCORD........... NH 21 33 33
51864.............. WNEU MERRIMACK......... NH 60 34 34
23142.............. WWSI ATLANTIC CITY..... NJ 62 49 49
9739............... WMCN-TV ATLANTIC CITY..... NJ ........... 44 44
7623............... WGTW-TV BURLINGTON........ NJ 48 27 27
48481.............. WNJS CAMDEN............ NJ 23 22 22
48477.............. WNJN MONTCLAIR......... NJ 50 51 51
43952.............. WMBC-TV NEWTON............ NJ 63 18 18
74215.............. WXTV PATERSON.......... NJ 41 40 40
20818.............. WFME-TV WEST MILFORD...... NJ 66 29 29
61111.............. WMGM-TV WILDWOOD.......... NJ 40 36 36
35313.............. KOB-TV ALBUQUERQUE....... NM 4 26 26
55528.............. KNME-TV ALBUQUERQUE....... NM 5 35 35
993................ KNAT-TV ALBUQUERQUE....... NM 23 24 24
1151............... KAZQ ALBUQUERQUE....... NM 32 17 17
55049.............. KASY-TV ALBUQUERQUE....... NM 50 45 45
55516.............. KRWG-TV LAS CRUCES........ NM 22 23 23
18338.............. KENW PORTALES.......... NM 3 32 32
32311.............. KASA-TV SANTA FE.......... NM 2 27 27
60793.............. KCHF SANTA FE.......... NM 11 10 10
76268.............. KWBQ SANTA FE.......... NM 19 29 29
84215.............. KNMD-TV SANTA FE.......... NM ........... 9 9
35870.............. KVVU-TV HENDERSON......... NV 5 9 9
69677.............. KVBC LAS VEGAS......... NV 3 2 2
35042.............. KLAS-TV LAS VEGAS......... NV 8 7 7
11683.............. KLVX LAS VEGAS......... NV 10 11 11
67089.............. KINC LAS VEGAS......... NV 15 16 16
10179.............. KVWB LAS VEGAS......... NV 21 22 22
10195.............. KFBT LAS VEGAS......... NV 33 29 29
10179.............. KVMY LAS VEGAS......... NV 21 22 22
10195.............. KVCW LAS VEGAS......... NV 33 29 29
63768.............. KBLR PARADISE.......... NV 39 40 40
59139.............. KTVN RENO.............. NV 2 13 13
60307.............. KRNV RENO.............. NV 4 7 7
63331.............. KOLO-TV RENO.............. NV 8 9 9
48360.............. KRXI-TV RENO.............. NV 11 44 44
73363.............. WNYT ALBANY............ NY 13 12 12
13933.............. WYPX AMSTERDAM......... NY 55 50 50
23337.............. WBNG-TV BINGHAMTON........ NY 12 7 7
62210.............. WICZ BINGHAMTON........ NY 40 8 8
74034.............. WSKG-TV BINGHAMTON........ NY 46 42 42
64547.............. WGRZ-TV BUFFALO........... NY 2 33 33
7780............... WIVB-TV BUFFALO........... NY 4 39 39
54176.............. WKBW BUFFALO........... NY 7 38 38
71905.............. WNLO BUFFALO........... NY 23 32 32
415................ WUTV BUFFALO........... NY 29 14 14
67784.............. WNYO-TV BUFFALO........... NY 49 34 34
74156.............. WRNN-TV KINGSTON.......... NY ........... 48 48
57476.............. WPTZ NORTH POLE........ NY 5 14 14
46755.............. WCFE-TV PLATTSBURGH....... NY 57 38 38
67993.............. WTBY-TV POUGHKEEPSIE...... NY 54 27 27
73964.............. WROC ROCHESTER......... NY 8 45 45
57274.............. WXXI-TV ROCHESTER......... NY 21 16 16
413................ WUHF ROCHESTER......... NY 31 28 28
73263.............. WMHT SCHENECTADY....... NY 17 34 34
73264.............. WCWN SCHENECTADY....... NY 45 43 43
[[Page 5698]]
60553.............. WFTY-TV SMITHTOWN......... NY 67 23 23
74151.............. WTVH SYRACUSE.......... NY 5 47 47
73113.............. WSYR-TV SYRACUSE.......... NY 9 17 17
53734.............. WCNY-TV SYRACUSE.......... NY 24 25 25
58725.............. WNYS-TV SYRACUSE.......... NY 43 44 44
40758.............. WSYT SYRACUSE.......... NY 68 19 19
60654.............. WKTV UTICA............. NY 2 29 29
57837.............. WUTR UTICA............. NY 20 30 30
16747.............. WWTI WATERTOWN......... NY 50 21 21
49421.............. WEAO AKRON............. OH 49 50 50
72958.............. WBNX-TV AKRON............. OH 55 30 30
50147.............. WOUB-TV ATHENS............ OH 20 27 27
50141.............. WOUC-TV CAMBRIDGE......... OH 44 35 35
67893.............. WDLI-TV CANTON............ OH 17 39 39
43870.............. WOAC CANTON............ OH 67 47 47
21158.............. WWHO CHILLICOTHE....... OH 53 46 46
46979.............. WLWT CINCINNATI........ OH 5 35 35
65666.............. WCET CINCINNATI........ OH 48 34 34
60556.............. WQHS-TV CLEVELAND......... OH 61 34 34
50781.............. WCMH-TV COLUMBUS.......... OH 4 14 14
56549.............. WSYX COLUMBUS.......... OH 6 13 13
71217.............. WBNS-TV COLUMBUS.......... OH 10 21 21
74137.............. WTTE COLUMBUS.......... OH 28 36 36
66185.............. WOSU-TV COLUMBUS.......... OH 34 38 38
65690.............. WDTN DAYTON............ OH 2 50 50
41458.............. WHIO-TV DAYTON............ OH 7 41 41
73155.............. WKEF DAYTON............ OH 22 51 51
411................ WRGT-TV DAYTON............ OH 45 30 30
8532............... WUAB LORAIN............ OH 43 28 28
41893.............. WMFD-TV MANSFIELD......... OH 68 12 12
11118.............. WSFJ-TV NEWARK............ OH 51 24 24
25065.............. WPTO OXFORD............ OH 14 28 28
66190.............. WPBO PORTSMOUTH........ OH 42 43 43
39746.............. WOIO SHAKER HEIGHTS.... OH 19 10 10
73354.............. WNWO-TV TOLEDO............ OH 24 49 49
19190.............. WUPW TOLEDO............ OH 36 46 46
72062.............. WFMJ-TV YOUNGSTOWN........ OH 21 20 20
61216.............. WHIZ-TV ZANESVILLE........ OH 18 40 40
35666.............. KTEN ADA............... OK 10 26 26
50194.............. KWET CHEYENNE.......... OK 12 8 8
57431.............. KRSC-DT CLAREMORE......... OK 35 36 36
50198.............. KOET EUFAULA........... OK 3 31 31
35645.............. KSWO-TV LAWTON............ OK 7 11 11
66222.............. KFOR-TV OKLAHOMA CITY..... OK 4 27 27
67999.............. KTBO-TV OKLAHOMA CITY..... OK 14 15 15
35388.............. KOKH-TV OKLAHOMA CITY..... OK 25 24 24
50170.............. KOCB OKLAHOMA CITY..... OK 34 33 33
2566............... KOPX OKLAHOMA CITY..... OK 62 50 50
7078............... KTPX OKMULGEE.......... OK 44 28 28
77480.............. KTUZ-TV SHAWNEE........... OK 30 29 29
35685.............. KTUL TULSA............. OK 8 10 10
11910.............. KOKI-TV TULSA............. OK 23 22 22
54420.............. KTFO TULSA............. OK 41 42 42
50588.............. KOAB-TV BEND.............. OR 3 11 11
35183.............. KUCW COOS BAY.......... OR 23 22 22
35189.............. KMTR EUGENE............ OR 16 17 17
50591.............. KEPB-TV EUGENE............ OR 28 29 29
8322............... KLSR-TV EUGENE............ OR 34 31 31
8284............... KOTI KLAMATH FALLS..... OR 2 13 13
21649.............. KATU PORTLAND.......... OR 2 43 43
35380.............. KOIN PORTLAND.......... OR 6 40 40
61551.............. KPIC ROSEBURG.......... OR 4 19 19
31437.............. KTVC ROSEBURG.......... OR 36 18 18
35187.............. KTWC ROSEBURG.......... OR 46 45 45
10192.............. KWBP SALEM............. OR 32 33 33
10192.............. KRCW SALEM............. OR 32 33 33
39884.............. WFMZ-TV ALLENTOWN......... PA 69 46 46
23341.............. WTAJ-TV ALTOONA........... PA 10 32 32
20287.............. WATM-TV ALTOONA........... PA 23 24 24
60850.............. WBPH-TV BETHLEHEM......... PA 60 9 9
49711.............. WSEE-TV ERIE.............. PA 35 16 16
13924.............. WPCB-TV GREENSBURG........ PA 40 50 50
[[Page 5699]]
73375.............. WOLF HAZLETON.......... PA 56 45 45
73120.............. WJAC-TV JOHNSTOWN......... PA 6 34 34
23338.............. WLYH-TV LANCASTER......... PA 15 23 23
25453.............. KYW-TV PHILADELPHIA...... PA 3 26 26
51568.............. WTXF-TV PHILADELPHIA...... PA 29 42 42
12499.............. WPSG PHILADELPHIA...... PA 57 32 32
25454.............. KDKA-TV PITTSBURGH........ PA 2 25 25
65681.............. WTAE-TV PITTSBURGH........ PA 4 51 51
73910.............. WPXI PITTSBURGH........ PA 11 48 48
73907.............. WPMY PITTSBURGH........ PA 22 42 42
73875.............. WPGH-TV PITTSBURGH........ PA 53 43 43
55305.............. WTVE READING........... PA 51 25 25
73318.............. WNEP-TV SCRANTON.......... PA 16 49 49
17010.............. WYOU SCRANTON.......... PA 22 13 13
47929.............. WVIA-TV SCRANTON.......... PA 44 41 41
64690.............. WQPX SCRANTON.......... PA 64 32 32
71225.............. WBRE-TV WILKES-BARRE...... PA 28 11 11
10213.............. WPMT YORK.............. PA 43 47 47
61573.............. WVEO AGUADILLA......... PR 44 17 17
54443.............. WRFB CAROLINA.......... PR 52 51 51
18410.............. WIDP GUAYAMA........... PR 46 45 45
53863.............. WIPM-DT MAYAGUEZ.......... PR 3 35 35
2175............... WQTO PONCE............. PR 26 25 25
29000.............. WVOZ-TV PONCE............. PR 48 47 47
52073.............. WAPA-TV SAN JUAN.......... PR 4 27 27
28954.............. WTCV SAN JUAN.......... PR 18 32 32
58340.............. WJPX SAN JUAN.......... PR 24 21 21
50063.............. WPXQ BLOCK ISLAND...... RI 69 17 17
47404.............. WPRI-TV PROVIDENCE........ RI 12 13 13
56092.............. WSBE-TV PROVIDENCE........ RI 36 21 21
61003.............. WEBA-TV