[Code of Federal Regulations]
[Title 47, Volume 2]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR73.623]
[Page 176-181]
TITLE 47--TELECOMMUNICATION
CHAPTER I--FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
PART 73_RADIO BROADCAST SERVICES--Table of Contents
Subpart E_Television Broadcast Stations
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 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.
(b) In considering petitions to amend the DTV Table and applications
filed
[[Page 177]]
pursuant to this section, the Commission will use geographic coordinates
defined in Sec. 73.622(d) as reference points in determining allotment
separations and evaluating interference potential.
(c) Minimum technical criteria for modification of DTV allotments
included in the initial DTV Table of Allotments and for applications
filed pursuant to this section. No petition to modify a channel
allotment included in the initial DTV Table of Allotments or application
for authority to construct or modify a DTV station assigned to such an
allotment, filed pursuant to this section, will be accepted unless it
shows compliance with the requirements of this paragraph.
(1) Requests filed pursuant to this paragraph must demonstrate
compliance with the principal community coverage requirements of section
73.625(a).
(2) Requests filed pursuant to this paragraph must demonstrate that
the requested change would not result in more than an additional 2
percent the population served by another station being subject to
interference; provided, however, that no new interference may be caused
to any station that already experiences interference to 10 percent or
more of its population or that would result in a station receiving
interference in excess of 10 percent of its population. The station
population values for existing NTSC service and DTV service contained in
Appendix B of the Memorandum Opinion and Order on Reconsideration of the
Sixth Report and Order in MM Docket No. 87-268, FCC 98-24, adopted
January 29, 1998, referenced in Sec. 73.622(c), are to be used for the
purposes of determining whether a power increase or other change is
permissible under this de minimis standard. For evaluating compliance
with this requirement, interference to populations served is to be
predicted based on the procedure set forth in OET Bulletin No. 69,
including population served within service areas determined in
accordance with section 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.
Copies of OET Bulletin No. 69 may be inspected during normal business
hours at the: Federal Communications Commission, Room CY-C203, 445 12th
Street, SW., Reference Information Center, Washington, DC 20554. These
documents are also available through the Internet on the FCC Home Page
at http://www.fcc.gov. The threshold levels at which interference is
considered to occur are:
------------------------------------------------------------------------
D/U Ratio
------------------------------------------------------------------------
Co-channel:
DTV-into-analog TV....................................... +34
Analog TV-into-DTV....................................... +2
DTV-into-DTV............................................. +15
First Adjacent Channel:
Lower DTV-into-analog TV................................. -14
Upper DTV-into-analog TV................................. -17
Lower analog TV-into-DTV................................. -48
Upper analog TV-into-DTV................................. -49
Lower DTV-into-DTV....................................... -28
Upper DTV-into-DTV....................................... -26
Other Adjacent Channel (Channels 14-69 only)
DTV-into-analog TV, where N = analog TV channel and DTV
Channel:
N-2...................................................... -24
N+2...................................................... -28
N-3...................................................... -30
N+3...................................................... -34
N-4...................................................... -34
N+4...................................................... -25
N-7...................................................... -35
N+7...................................................... -43
N-8...................................................... -32
N+8...................................................... -43
N+14..................................................... -33
N+15..................................................... -31
------------------------------------------------------------------------
(3) The values in paragraph (c)(2) of this section for co-channel
interference to DTV service are only valid at locations where the
signal-to-noise ratio is 28 dB or greater for interference from DTV and
25 dB or greater for interference from analog TV service. At the edge of
the noise-limited service area, where the signal-to-noise (S/N) ratio is
16 dB, these values are 21 dB and 23 dB for interference from analog TV
and DTV, respectively. At locations where the S/N ratio is greater than
16 dB but less than 28 dB, D/U values for co-channel interference to DTV
are as follows:
(i) For DTV-to-DTV interference, the minimum D/U ratios 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)
[[Page 178]]
(ii) For analog-to-DTV interference, the minimum D/U ratios are
found from the following Table (for values between measured values,
linear interpolation can be used):
------------------------------------------------------------------------
Desired-to-
Signal-to-noise ratio (dB) undesired
ratio (dB)
------------------------------------------------------------------------
16.00...................................................... 21.00
16.35...................................................... 19.94
17.35...................................................... 17.69
18.35...................................................... 16.44
19.35...................................................... 7.19
20.35...................................................... 4.69
21.35...................................................... 3.69
22.35...................................................... 2.94
23.35...................................................... 2.44
25.00...................................................... 2.00
------------------------------------------------------------------------
(4) 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 paragraph (c)(2) of
this section shall not be applicable to these pairs of channels (see
Sec. 73.603(a)).
(5) A DTV station application that proposes to expand the DTV
station's 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 of this part. This paragraph applies to all DTV applications
filed after May 1, 2000, and to DTV applications filed between December
31, 1999 and April 30, 2000 unless the DTV station licensee or permittee
notified the Commission of its intent to ``maximize'' by December 31,
1999.
(i) 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 of this part) fails to meet the D/U
signal ratios for ``DTV-into-analog TV'' specified in paragraph (c)(2)
of this section.
(ii) 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 of this part) fails to meet the D/U
signal ratios for ``DTV-into-DTV'' specified in paragraphs (c)(2) and
(c)(3) of this section.
(iii) In support of a request for waiver of the interference
protection requirements of this section, an applicant for a 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 Longely-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.
(d) Minimum geographic spacing requirements for DTV allotments not
included in the initial DTV Table of Allotments. No petition to add a
new channel to the DTV Table of Allotments or modify an allotment not
included in the initial DTV Table will be accepted unless it shows
compliance with the requirements of this paragraph.
(1) Requests filed pursuant to this paragraph must demonstrate
compliance with the principle community coverage requirements of section
73.625(a).
(2) Requests filed pursuant to this paragraph must meet the
following requirements for geographic spacing with regard to all other
DTV stations, DTV allotments and analog TV stations:
------------------------------------------------------------------------
Channel relationship Separation requirement
------------------------------------------------------------------------
VHF Channels 2-13:
Co-channel, DTV to DTV
Zone I: 244.6 km.
Zones II & III: 273.6 km.
Co-channel, DTV to analog TV
Zone I: 244.6 km.
Zone II & III: 273.6 km.
Adjacent Channel:
DTV to DTV............................... No allotments permitted
between:
[[Page 179]]
Zone I: 20 km and 110 km.
Zones II & III: 23 km and
110 km.
DTV to analog TV......................... No allotments permitted
between:
Zone I: 9 km and 125 km.
Zone II & III: 11 km and
125 km.
UHF Channels:
Co-channel, DTV to DTV
Zone I: 196.3 km.
Zone II & III: 223.7 km.
Co-channel, DTV to analog TV
Zone I: 217.3 km.
Zone II & III: 244.6 km.
Adjacent Channel:
DTV to DTV............................... No allotments permitted
between:
All Zones: 24 km and 110
km.
DTV to analog TV......................... No allotments permitted
between:
All Zones: 12 km and 106
km.
Taboo Channels, DTV to analog TV only No allotments permitted
(DTV channels +/-2, +/-3, +/-4, +/-7, +/- between:
8, and 14 or 15 channels above the Zone I: 24.1 km and 80.5
analog TV channel). km.
Zone II & III: 24.1 km
and 96.6 km.
------------------------------------------------------------------------
(3) Zones are defined in Sec. 73.609. The minimum distance
separation between a DTV station in one zone and an analog TV or DTV
station in another zone shall be that of the zone requiring the lower
separation.
(4) 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
geographic spacing requirements specified in paragraph (d)(3) of this
section shall not be applicable to these pairs of channels (Sec.
73.603(a)).
(e) Protection of land mobile operations on channels 14-20. The
Commission will not accept petitions to amend the DTV Table of
Allotments, applications for new DTV stations, or applications to change
the channel or location of authorized DTV stations that would use
channels 14-20 where the distance between the DTV reference point as
defined in section 73.622(d), would be located less than 250 km from the
city center of a co-channel land mobile operation or 176 km from the
city center of an adjacent channel land mobile operation. Petitions to
amend the DTV Table, applications for new DTV stations, or requests to
modify the DTV Table that do not meet the minimum DTV-to-land mobile
spacing standards will, however, be considered where all affected land
mobile licensees consent to the requested action. Land mobile operations
are authorized on these channels in the following markets:
----------------------------------------------------------------------------------------------------------------
City Channels Latitude Longitude
----------------------------------------------------------------------------------------------------------------
Boston, MA..................... 14, 16....................... 42[deg]21[min]24[sec] 71[deg]03[min]25[s
ec]
Chicago, IL.................... 14, 15....................... 41[deg]52[min]28[sec] 87[deg]38[min]22[s
ec]
Cleveland, OH.................. 14, 15....................... 41[deg]29[min]51.2[sec] 81[deg]41[min]49.5
[sec]
Dallas, TX..................... 16........................... 32[deg]47[min]09[sec] 96[deg]47[min]37[s
ec]
Detroit, MI.................... 15, 16....................... 42[deg]19[min]48.1[sec] 83[deg]02[min]56.7
[sec]
Houston, TX.................... 17........................... 29[deg]45[min]26[sec] 95[deg]21[min]37[s
ec]
Los Angeles, CA................ 14, 16, 20................... 34[deg]03[min]15[sec] 118[deg]14[min]28[
sec]
Miami, FL...................... 14........................... 25[deg]46[min]37[sec] 80[deg]11[min]32[s
ec]
New York, NY................... 14, 15, 16................... 40[deg]45[min]06[sec] 73[deg]59[min]39[s
ec]
Philadelphia, PA............... 19, 20....................... 39[deg]56[min]58[sec] 75[deg]09[min]21[s
ec]
Pittsburgh, PA................. 14, 18....................... 40[deg]26[min]19[sec] 80[deg]00[min]00[s
ec]
San Francisco, CA.............. 16, 17....................... 37[deg]46[min]39[sec] 122[deg]24[min]40[
sec]
Washington, DC................. 17, 18....................... 38[deg]53[min]51[sec] 77[deg]00[min]33[s
ec]
----------------------------------------------------------------------------------------------------------------
(f) Parties requesting new allotments on channel 6 be added to the
DTV Table must submit an engineering study demonstrating that no
interference would be caused to existing FM radio stations on FM
channels 200-220.
(g) Negotiated agreements on interference. Notwithstanding the
minimum technical criteria for DTV allotments
[[Page 180]]
specified above, DTV stations operating on allotments that are included
in the initial DTV Table may: operate with increased ERP and/or antenna
HAAT that would result in additional interference to another DTV station
or an analog TV station if that station agrees, in writing, to accept
the additional interference; and/or implement an exchange of channel
allotments between two or more licensees or permittees of TV stations in
the same community, the same market, or in adjacent markets provided,
however, that the other requirements of this section and of section
73.622 are met with respect to each such application. Such agreements
must be submitted with the application for authority to construct or
modify the affected DTV station or stations. The larger service area
resulting from a negotiated change in ERP and/or antenna HAAT will be
protected in accordance with the provisions of paragraph (c) of this
section. Negotiated agreements under this paragraph can include the
exchange of money or other considerations from one station to another,
including payments to and from noncommercial television stations
assigned reserved channels. Applications submitted pursuant to the
provisions of this paragraph will be granted only if the Commission
finds that such action is consistent with the public interest.
(h) DTV application processing. (1) DTV applications for a
construction permit or a modified construction permit pending as of
January 18, 2001:
(i) Shall be afforded the interference protection set forth in
paragraph (c) or (d) of this section, as applicable:
(A) By all NTSC minor change applications;
(B) By NTSC new station applications, except those covered by
paragraphs (h)(1)(ii)(G) and (h)(1)(iii)(D) of this section;
(C) By all rulemaking petitions to amend the NTSC TV table of
allotments;
(D) By DTV applications filed after January 18, 2001; and
(E) By rulemaking petitions to amend the DTV table of allotments
filed after January 18, 2001;
(ii) Must demonstrate the requisite interference protection set
forth in paragraph (c) or (d) of this section, as applicable, to:
(A) DTV licensed stations;
(B) DTV construction permits;
(C) Existing DTV allotments;
(D) Rulemaking petitions to amend the DTV table of allotments for
which a Notice of Proposed Rule Making has been released and the comment
deadline specified therein has passed prior to the filing date of the
DTV application;
(E) NTSC stations with licenses covering construction permits that
were granted before the DTV application was filed;
(F) NTSC construction permits that were granted before the DTV
application was filed;
(G) Applications for new NTSC television stations that were in
groups of mutually exclusive applications on file prior to July 1, 1997,
regardless of whether they are the only applications that remain pending
from their group.
(iii) That do not provide the requisite interference protection set
forth in paragraph (c) or (d) of this section, as applicable, to the
following applications and petitions will be deemed mutually exclusive
with those applications and petitions:
(A) Other DTV applications pending as of January 18, 2001;
(B) Rulemaking petitions to amend the DTV table of allotments filed
on or before January 18, 2001 for which a Notice of Proposed Rule Making
had been released and the comment deadline specified therein had not
passed prior to the filing date of the DTV application;
(C) Rulemaking petitions to amend the DTV table of allotments filed
on or before January 18, 2001 for which a Notice of Proposed Rule Making
had not been released; and
(D) Applications for new NTSC stations that are not covered by
paragraph (h)(1)(ii)(G) of this section and were filed and accepted for
filing on or before January 18, 2001 that:
(1) Were filed by post-auction winners pursuant to Sec. 73.5005.
(2) Are part of a settlement agreement on-file with the Commission
that
[[Page 181]]
would result in the grant of the NTSC application; or
(3) Are cut-off singletons.
(2) DTV applications for a construction permit or a modified
construction permit filed after January 18, 2001:
(i) Shall be afforded the interference protection set forth in
paragraph (c) or (d) of this section, as applicable:
(A) By all NTSC minor change applications;
(B) By NTSC new station applications, except those covered by
paragraph (h)(2)(ii)(H) and (I) of this section;
(C) By all rulemaking petitions to amend the NTSC TV table of
allotments except those filed by NTSC applicants in those groups defined
in (h)(2)(ii)(I) of this section for which a Notice of Proposed Rule
Making has been released and the comment deadline specified therein has
passed prior to the filing date of the DTV application;
(D) By later-filed DTV applications; and
(E) By later-filed rulemaking petitions to amend the DTV table of
allotments;
(ii) Must demonstrate the requisite interference protection set
forth in paragraph (c) or (d) of this section, as applicable, to:
(A) DTV licensed stations;
(B) DTV construction permits;
(C) Earlier-filed DTV applications;
(D) Existing DTV allotments;
(E) Rulemaking petitions to amend the DTV table of allotments for
which a Notice of Proposed Rule Making has been released and the comment
deadline specified therein has passed prior to the filing date of the
DTV application;
(F) NTSC stations with licenses covering construction permits that
were granted before the DTV application was filed;
(G) NTSC construction permits that were granted before the DTV
application was filed; and
(H) Earlier-filed and accepted for filing applications for new NTSC
stations that are not covered by paragraph (h)(2)(ii)(I) of this
section, and that:
(1) Were filed by post-auction winners pursuant to Sec. 73.5005.
(2) Are part of a settlement agreement on-file with the Commission
that would result in the grant of the NTSC application; or
(3) Are cut-off singletons;
(I) Applications for new NTSC television stations that were in
groups of mutually exclusive applications on file prior to July 1, 1997,
regardless of whether they are the only applications that remain pending
from their group;
(J) Rulemaking petitions to amend the NTSC table of allotments filed
by applicants defined in (h)(2)(ii)(I) of this section for which a
Notice of Proposed Rule Making has been released and the comment
deadline specified therein has passed prior to the filing of the DTV
application.
(iii) That do not provide the requisite interference protection set
forth in paragraph (c) or (d) of this section, as applicable, to the
following applications and petitions will be deemed mutually exclusive
with those applications and petitions:
(A) Other DTV applications filed the same day;
(B) Rulemaking petitions to amend the DTV table of allotments for
which a Notice of Proposed Rule Making had been released and the comment
deadline specified therein had not passed prior to the filing date of
the DTV application; and
(C) Earlier-filed rulemaking petitions to amend the DTV table of
allotments for which a Notice of Proposed Rule Making had not been
released.
(3) DTV applicants, DTV applicants and NTSC applicants, or DTV
applicants and DTV rulemaking petitioners that are mutually exclusive
pursuant to this section will be notified by Public Notice and provided
with a 90-day period of time to resolve their mutual exclusivity via
engineering amendment or settlement. Those applications and petitions
that remain mutually exclusive upon conclusion of the 90-day settlement
period will be dismissed.
[62 FR 26719, May 14, 1997, as amended at 63 FR 13560, Mar. 20, 1998; 64
FR 4327, Jan. 28, 1999; 65 FR 30002, May 10, 2000; 65 FR 58467, Sept.
29, 2000; 66 FR 9984, Feb. 13, 2001; 66 FR 65134, Dec. 18, 2001; 69 FR
31906, June 8, 2004]
[[Page 182]]