Implementation of Short-term Analog Flash and Emergency Readiness Act; Establishment of DTV Transition “Analog Nightlight” Program, 80332-80349 [E8-31142]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 73, Number 251 (Wednesday, December 31, 2008)]
[Proposed Rules]
[Pages 80332-80349]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31142]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 08-255; FCC 08-281]


Implementation of Short-term Analog Flash and Emergency Readiness 
Act; Establishment of DTV Transition ``Analog Nightlight'' Program

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document describes and seeks comment on the Commission's 
implementation of the Short-term Analog Flash and Emergency Readiness 
Act (``Analog Nightlight Act''), S. 3663, 110th Cong., as enacted 
December 23, 2008. The Analog Nightlight Act requires the Commission to 
develop and implement a program by January 15, 2009, to ``encourage and 
permit'' continued analog TV service for a period of thirty days after 
the February 17, 2009 DTV transition date, where technically feasible, 
to provide ``public safety information'' and ``DTV transition 
information.'' For consumers who are not capable of receiving digital 
television signals by the transition deadline, the Analog Nightlight 
program proposed herein will ensure that there is no interruption in 
the provision of critical emergency information and will provide useful 
information regarding the transition to help consumers establish 
digital service.

DATES: Comments are due on or before January 5, 2009; reply comments 
are due on or before January 8, 2009.

ADDRESSES: You may submit comments, identified by MB Docket No. 08-255, 
by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: https://
www.fcc.gov/cgb/ecfs/. Filers should follow the instructions provided 
on the Web site for submitting comments. In completing the transmittal 
screen, filers should include their full name, U.S. Postal Service 
mailing address, and the applicable docket or rulemaking number.
     E-mail: ecfs@fcc.gov. To get filing instructions, filers 
should send an e-mail to ecfs@fcc.gov, and include the following words 
in the body of the message, ``get form.'' A sample form and directions 
will be sent in response.
     Mail: Filings can be sent by commercial overnight courier 
or by first-class or overnight U.S. Postal Service mail (although we 
continue to experience delays in receiving U.S. Postal Service mail). 
Parties who choose to file by paper must file an original and four 
copies of each filing. If more than one docket or rulemaking number 
appears in the caption of this proceeding, filers must submit two 
additional copies for each additional docket or rulemaking number. All 
filings must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission. Commercial overnight mail 
(other than U.S. Postal Service Express Mail and Priority Mail) must be 
sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal 
Service first-class, Express, and Priority mail should be addressed to 
445 12th Street, SW., Washington, DC 20554.
     Hand Delivery/Courier: Filings can be sent by hand or 
messenger delivery. The Commission's contractor will receive hand-
delivered or messenger-delivered paper filings for the Commission's 
Secretary at 236 Massachusetts Avenue, NE., Suite 110, Washington, DC 
20002. The filing hours at this location are 8 a.m. to 7 p.m. All hand 
deliveries must be held together with rubber bands or fasteners. Any 
envelopes must be disposed of before entering the building. Parties who 
choose to file by paper must file an original and four copies of each 
filing. All filings must be addressed to the Commission's Secretary, 
Office of the Secretary, Federal Communications Commission.
     Accessibility Information: Contact the FCC to request 
information in accessible formats (computer diskettes, large print, 
audio recording, and Braille) by sending an e-mail to fcc504@fcc.gov or 
calling the FCC's Consumer and Governmental Affairs Bureau at (202) 
418-0530 (voice), (202) 418-0432 (TTY). This document can also be 
downloaded in Word and Portable Document Format (PDF) at: https://
www.fcc.gov.

[[Page 80333]]

    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. Comments, reply comments, and ex 
parte submissions will be available for public inspection 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. Documents 
will be available electronically in ASCII, Word 97, and/or Adobe 
Acrobat. For detailed instructions for submitting comments and 
additional information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Kim Matthews, Kim.Matthews@fcc.gov, or 
Evan Baranoff, Evan.Baranoff@fcc.gov of the Media Bureau, Policy 
Division, (202) 418-2120; or Eloise Gore, Eloise.Gore@fcc.gov, of the 
Media Bureau, Policy Division, (202) 418-2120; or Gordon Godfrey, 
Gordon.Godfrey@fcc.gov, of the Media Bureau, Engineering Division, 
(202) 418-7000; or Alan Stillwell, Alan.Stillwell@fcc.gov, of the 
Office of Engineering and Technology, (202) 418-2470.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), FCC 08-281, adopted on December, 24, 
2008, and released on December 24, 2008. 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 (https://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).

Summary of the Notice of Proposed Rulemaking

I. Introduction

    1. The Short-term Analog Flash and Emergency Readiness Act 
(``Analog Nightlight Act'' or ``Act'') requires the Commission to 
develop and implement a program by January 15, 2009, to ``encourage and 
permit'' continued analog TV service after the February 17, 2009 DTV 
transition date, where technically feasible, for the purpose of 
providing ``public safety information'' and ``DTV transition 
information'' to viewers who may not obtain the necessary equipment to 
receive digital broadcasts after the transition date. In this way, the 
continued analog service would serve like a ``nightlight'' to 
unprepared viewers, assuring that these viewers continue to have access 
to emergency information and guiding them with information to help them 
make a belated transition. This NPRM describes the procedures the 
Commission intends to follow to implement the Act; the nature of the 
programming permitted by the Act; and the stations that are eligible to 
participate in the Analog Nightlight program. Stations that are 
eligible under the Act to provide nightlight service may choose to 
provide their own service on their analog channels, or may choose to 
work with other stations in their community to provide a comprehensive 
nightlight service on one or more analog channels in that community. 
Stations that cannot broadcast their own nightlight service can 
participate in a joint nightlight effort together with other stations 
in their community by providing financial, technical, or other 
resources.
    2. Congress previously 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, Public Law 109-171, 120 Stat. 4 (2006) 
(codified at 47 U.S.C. 309(j)(14) and 337(e)).) On December 10, 2008, 
Congress adopted legislation providing for a short-term extension of 
the analog television broadcasting authority so that essential public 
safety announcements and digital television transition information may 
be provided for a short time during the digital transition. The Analog 
Nightlight Act requires that, no later than January 15, 2009, the 
Commission develop and implement a program to ``encourage and permit'' 
the broadcasting of public safety and digital transition information 
for a period of 30 days after the digital transition deadline of 
February 17, 2009. Given the ``urgent necessity for rapid 
administrative action under the circumstances,'' we believe that there 
is good cause to dispense with notice and comment requirements under 
the Administrative Procedure Act. As stated above, the Analog 
Nightlight Act imposes a statutory deadline of January 15, 2009, less 
than one month away, and the Commission has an extraordinarily short 
time period to meet this deadline: The bill was sent to the President 
for his signature on December 12, 2008, and it was enacted into law on 
December 23, 2008. Nonetheless, we are affording interested parties an 
opportunity to participate in the proceeding in order to assist in our 
development of the Analog Nightlight program, and we find that a very 
abbreviated comment period of eight days is justified by the exigent 
circumstances. (As noted above, the Analog Nightlight Act directs the 
Commission to implement its provisions by January 15, 2009, 
``[n]otwithstanding any other provision of law.'' We find that a longer 
comment period would make timely implementation impracticable and, 
therefore, would be inconsistent with the Act's provisions. Comments 
must be filed no later than five days after this NPRM is published in 
the Federal Register, and replies must be filed no later than eight 
days after publication. Notwithstanding the holiday season, these dates 
will not be extended.) This NPRM lays out the procedures we plan to 
follow, as well as a preliminary list of the stations that we believe 
will be eligible to participate in the Analog Nightlight program. We 
encourage all stations that qualify to notify us promptly, during the 
comment period, as described below, of their intention to participate.
    3. We strongly encourage all eligible stations to participate in 
the provision of a nightlight service to assist consumers during the 
30-day period following the digital transition. We also urge stations 
that are not on the preliminary list of eligible stations to determine 
whether they can participate and to seek Commission approval by 
demonstrating that they will not, in fact, cause harmful interference 
to any other digital station, or to coordinate with another broadcaster 
in their service area to share the costs of Analog Nightlight operation 
on a qualifying station that serves their viewers. While some stations 
may not be able to broadcast transition and public safety information 
on their analog channels after February 17, 2009 because of 
interference to digital signals or other technical constraints, we 
strongly encourage all stations to work together to ensure that at 
least one station serving each community provides a nightlight service 
to assist that community. The station whose channel is being used to 
provide

[[Page 80334]]

the nightlight service will remain responsible for the content of the 
programming.
    4. The Commission, in conjunction with industry stakeholders, state 
and local officials, community grassroots organizations, and consumer 
groups, has worked hard to increase consumer awareness of the digital 
transition, and these efforts have been fruitful. (Many industry 
members have been working hard to educate consumers about the upcoming 
transition including broadcasters, multichannel video programming 
distributors, telecommunications companies, satellite providers, 
manufacturers, and retailers. According to the latest Nielsen DTV 
report, more than 92 percent of U.S. households are aware of and 
prepared, at least to some extent, for the transition.) All of our 
efforts will continue and intensify up to and beyond the transition 
deadline. However, it is inevitable that on February 17, 2009 some 
consumers will be unaware of the transition, some will be unprepared to 
receive digital signals, and others will experience unexpected 
technical difficulties. For these consumers, the Analog Nightlight 
program adopted by Congress and implemented as we propose herein will 
ensure that there is no interruption in the provision of critical 
emergency information and will provide useful information regarding the 
transition to help consumers establish digital service.

II. Background and Initial Conclusions

    5. The Analog Nightlight Act is designed to ensure that those 
consumers who are not able to receive digital signals after the DTV 
transition on February 17, 2009, will not be left without access to 
emergency information. The Act is also intended to help consumers 
understand the steps they need to take in order to restore their 
television signals. The analog nightlight was first used by the 
broadcasters in Wilmington, North Carolina, who volunteered to 
transition their market on September 8, 2008. They ceased analog 
broadcasting on that date but continued to broadcast their analog 
signals for roughly a month, displaying a ``slate'' describing the 
transition and where people could obtain information about it. (The 
text aired by the Wilmington stations consisted of the following: ``At 
12 noon on September 8, 2008, commercial television stations in 
Wilmington, North Carolina began to broadcast programming exclusively 
in a digital format. If you are viewing this message, this television 
set has not yet been upgraded to digital. To receive your television 
signals, upgrade to digital now with a converter box, a new TV set with 
a digital (ATSC) tuner or by subscribing to a pay service like cable or 
satellite. For more information call: 1-877-DTV-0908 or TTY: 1-866-644-
0908 or visit https://www.DTVWilmington.com.'') In enacting the Analog 
Nightlight Act, Congress acknowledged that the FCC and others ``have 
been working furiously'' to inform viewers about the transition, but 
also recognized that there will inevitably be some consumers left 
behind. Congress also recognized that when viewers are cut off from 
their televisions, it is not just a matter of convenience but also one 
of public safety. The concern about readiness is especially acute with 
regard to the nation's more vulnerable citizens--the poor, the elderly, 
the disabled, and those with language barriers--who may be less 
prepared to ensure they will have continued access to television 
service.
    6. Section 2(a) of the Analog Nightlight Act states:
    Notwithstanding any other provision of law, the Federal 
Communications Commission shall, not later than January 15, 2009, 
develop and implement a program to encourage and permit, to the extent 
technically feasible and subject to such limitations as the Commission 
finds to be consistent with the public interest and requirements of 
this Act, the broadcasting in the analog television service of only the 
public safety information and digital transition information specified 
in subsection (b) during the 30-day period beginning on the day after 
the date established by law under section 3002(b) of the [DTV Act] for 
termination of all licenses for full-power television stations in the 
analog television service and cessation of broadcasting by full-power 
stations in the analog television service.
    7. Thus, as required by this Act, the Analog Nightlight program 
will permit eligible full-power television stations, as defined below, 
to continue their analog broadcasting for a period of 30 days beginning 
on February 18, 2009, for the limited purpose of providing public 
safety and digital transition information, as further described below. 
The 30-day period ends at 11:59:59 p.m. on March 19, 2009. As discussed 
below, we will extend the license term for stations participating in 
the Analog Nightlight program.
    8. Section 2(b) of the Act describes the programming that stations 
will be permitted to broadcast during the nightlight period. That 
section states that the nightlight program shall provide for the 
broadcast of:
    (1) Emergency information, including critical details regarding the 
emergency, as broadcast or required to be broadcast by full-power 
stations in the digital television service; (Section 4 of the Act 
states that the term ``emergency information'' has the same meaning as 
that term has under Part 79 of the FCC's rules. See Analog Nightlight 
Act, Section 4.)
    (2) Information, in both English and Spanish, and accessible to 
persons with disabilities, concerning--
    (A) The digital television transition, including the fact that a 
transition has taken place and that additional action is required to 
continue receiving television service, including emergency 
notifications; and
    (B) The steps required to enable viewers to receive such emergency 
information via the digital television service and to convert to 
receiving digital television service, including a phone number and 
Internet address by which help with such transition may be obtained in 
both English and Spanish; and
    (3) Such other information related to consumer education about the 
digital television transition or public health and safety or 
emergencies as the Commission may find to be consistent with the public 
interest.
    9. Based on these statutory provisions, continued analog 
broadcasting after February 17, 2009, is limited to emergency 
information and information concerning the digital television 
transition. The Act does not contemplate other programming, including 
advertisements, which does not fall into either of these two 
categories. We seek comment on this tentative conclusion.
    10. Section 3 of the Act requires, among other things, that the 
Commission consider ``market-by-market needs, based on factors such as 
channel and transmitter availability'' in developing the nightlight 
program, and requires the Commission to ensure that the broadcasting of 
analog nightlight information will not cause ``harmful interference'' 
to digital television signals. Section 3 also mandates that the 
Commission ``not require'' that analog nightlight signals be subject to 
mandatory cable carriage and retransmission requirements. In addition, 
Section 3 prohibits the broadcasting of analog nightlight signals on 
spectrum ``approved or pending approval by the Commission to be used 
for public safety radio services'' and on channels 52-69. Based on this 
section of the Act, we tentatively conclude that only stations 
operating on channels 2 through 51 are eligible to broadcast in

[[Page 80335]]

analog pursuant to the Act, and that such channels cannot be used for 
analog broadcasting if they cause harmful interference to digital 
television signals. Therefore, a station that is ``flashcutting'' to 
its pre-transition analog channel for post-transition digital operation 
will not generally be eligible to use its analog channel for the Analog 
Nightlight because to do so would by definition interfere with its 
digital service. (As discussed below, a station that is approved for a 
phased transition to remain on its pre-transition digital channel may 
be permitted to use its analog channel for the analog nightlight 
program if doing so does not delay its transition to digital service. 
These circumstances will be evaluated on a case-by case basis.) We seek 
comment on these tentative conclusions.

III. Discussion

A. Stations Eligible To Provide Analog Nightlight Service

1. Stations Initially Determined To Be Eligible
    11. In light of the short period of time provided by the Act to 
implement a nightlight program, we attach as Appendix A hereto an 
initial list of stations that we believe can continue to broadcast an 
analog signal after February 17, 2009 within the technical and 
interference constraints set forth in the statute. The stations listed 
in Appendix A are located in 46 states, plus Washington, DC, Puerto 
Rico, and the Virgin Islands and are in 136 of the 210 Designated 
Market Areas (``DMAs''). (Appendix A includes stations that have 
terminated or plan to terminate analog service before February 17, 
2009, including the stations in Hawaii that are transitioning statewide 
on January 15, 2009, and the stations in the Wilmington, North Carolina 
DMA that transitioned on September 8, 2008. These stations could 
continue or resume analog broadcasting as part of the Analog Nightlight 
program without causing harmful interference. This Appendix also lists 
stations that are going to remain on their pre-transition digital 
channel for a period of time after February 17, 2009 while they are 
completing construction of their final post-transition channel. In the 
listed instances, these stations could use their analog channel for the 
Analog Nightlight program. Appendix A does not include stations 
licensed to communities in Delaware, New Jersey, New Hampshire, or 
Rhode Island. See also Appendix B, which lists all 210 DMAs and 
indicates which DMAs do or do not include a station that is listed in 
Appendix A.) Appendix A is not an exhaustive list of the stations that 
may be eligible to participate in the Analog Nightlight program, and it 
most likely underestimates the stations that could qualify. Rather, 
Appendix A represents a conservative list that the Commission was able 
to assemble in the limited timeframe contemplated by the legislation 
based on readily accessible information and valid engineering 
assumptions. As discussed above, Section 3(2) of the Act requires the 
Commission to ensure that broadcasting of nightlight signals on analog 
channels does not cause harmful interference to digital television 
signals. In addition, Section 3(5) prohibits the broadcast of 
nightlight service on spectrum that ``is approved or pending approval'' 
by the Commission for public safety services, and Section 3(6) 
prohibits nightlight service on channels 52-69. We tentatively conclude 
that the stations listed in Appendix A meet these criteria and invite 
comment on this tentative conclusion. As described below, we also 
recognize that additional stations may be able to meet the statutory 
criteria and we provide a mechanism for their participation, consistent 
with the goal of having the Analog Nightlight available to as many 
over-the-air viewers as possible. To that end, the Commission will 
identify those areas in which Analog Nightlight service is not 
available and, within the limited timeframes available, seek reasonable 
solutions--e.g., whether there is a station that can and would stay on 
to provide Analog Nightlight service without causing undue 
interference, or whether there is a low power station that has not 
transitioned to digital that would be willing to transmit the relevant 
messages. We seek comment on what the Commission's appropriate role 
should be in this regard.
    12. The stations listed in Appendix A operate on analog channels 2-
51 and therefore comply with Section 3(6) of the Act. With respect to 
Section 3(2) of the Act, in considering interference protection for 
digital TV stations, we used the +2 dB desired-to-undesired (D/U) co-
channel and -48 dB adjacent channel signal ratios in 47 CFR 73.623 and 
developed minimum co-channel and adjacent channel spacing measures that 
would ensure that an analog station would not cause interference to a 
DTV station. Meeting these measures, which vary by channel band and 
Zone, would establish a presumption that analog stations that are 
located the specified distance or greater from any operating DTV 
stations would not cause interference to signals in the digital 
television service. (For the purposes of allotment and assignment, the 
United States is divided into three zones as defined in Section 73.609. 
Roughly, Zone I includes areas in the northeastern and some midwestern 
states, Zone III includes the area along the Gulf of Mexico, and Zone 
II includes all areas that are not in Zone I or Zone III. 47 CFR 
73.609.) The minimum spacing measures used in developing this list are:

----------------------------------------------------------------------------------------------------------------
                                           Zone (see 47 CFR        Co-channel minimum        Adjacent channel
             Channel band                      73.609)                  spacing              minimum spacing
----------------------------------------------------------------------------------------------------------------
2-6 (Low-VHF)........................  1......................  302 km (188 miles).....  131 km (81 miles).
2-6 (Low-VHF)........................  2 and 3................  344 km (214 miles).....  156 km (97 miles).
7-13 (High-VHF)......................  1......................  264 km (164 miles).....  118 km (73 miles).
7-13 (High-VHF)......................  2 and 3................  308 km (191 miles).....  149 km (93 miles).
14-51 (UHF)..........................  1, 2 and 3.............  283 km (176 miles).....  134 km (83 miles).
----------------------------------------------------------------------------------------------------------------

    13. In developing these spacing criteria, we assumed that both the 
analog station being studied and DTV stations in the same vicinity are 
operating at maximum power and antenna height allowed under the rules. 
(The maximum transmit antenna height above average terrain (antenna 
HAAT) and power limits for low-VHF (channels 2-6), high-VHF (channels 
7-13), and UHF (channels 14-51) stations are set forth in Section 
73.622(f) of the rules, 47 CFR 73.622(f). The maximum antenna HAAT 
allowed for DTV stations on channels 2-13 is 305 meters and on channels 
14-51 is 365 meters (power reductions are required if higher antennas 
are used), the maximum power limits are (1) for low-VHF, 10 kW in Zone 
I and 45 kW in Zones II and III; (2) for hi-VHF, 30 kW in Zone I and 
160 kW in Zone II; and (3) for UHF, 1000 kW. Certain stations were 
allowed to use somewhat higher power on their DTV channels in order to 
replicate their analog stations; however, for purposes of this brief 30 
day extension of analog

[[Page 80336]]

operation we would assume that all stations are operating at power 
levels no higher than the maximum levels in the rules. The minimum 
technical criteria (D/U ratios) for protection of digital television 
signals from interference from analog signals are set forth in Section 
73.623(c)(2) of the rules, 47 CFR 73.623(c)(2). In developing these 
spacing measures we also used (1) the F(50,90) curves as derived from 
the F(50,50) and F(50,10) curves in Section 73.699 of the rules, 47 CFR 
73.699, and the DTV service thresholds in Section 73.622(e) of the 
rules, 47 CFR 73.622(e), to calculate DTV service areas and (2) the 
analog maximum power and antenna height standards in Section 73.614 of 
the rules, 47 CFR 73.614, and the F(50,10) curves in Section 73.699 to 
calculate analog interference potential.) We also assumed that viewers 
would orient their antennas toward the desired DTV station and away 
from an analog station in a neighboring or distant market so that the 
front-to-back reception ratio of a user's antenna would be 10 dB at 
low-VHF, 12 dB at high VHF and 14 dB at UHF as indicated in the DTV 
planning factors set forth in our OET Bulletin No. 69 (OET-69). (See 
Federal Communications Commission, Office of Engineering and 
Technology, OET Bulletin No. 69 ``Longley-Rice Methodology for 
Evaluating TV Coverage and Interference,'' February 6, 2004, at p. 10, 
Table 6. This bullet in is available on the Internet at: https://
www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet69/
oet69.pdf. We further assumed that an analog station would not cause 
interference to a co-located adjacent channel digital station, i.e., a 
digital station within 5 km (3 miles), and we did not apply adjacent 
channel protection between channels 4 and 5, channels 6 and 7 and 
channels 13 and 14 as those channels are not adjacent in the frequency 
spectrum. We propose to use these separation distances to protect 
digital TV signals from analog signals during the 30-day Analog 
Nightlight period. We request comment on these parameters for 
protecting digital signals from harmful interference for this limited 
time and for this limited purpose. We note that it is our intention to 
use conservative factors, which are more likely to over-protect a 
digital signal, for this purpose rather than to risk interference that 
will hinder viewer reception of DTV signals. In developing these 
criteria based on the statutory mandate, we are attempting to balance 
the goal of encouraging use of the Analog Nightlight to benefit viewers 
who have not obtained the necessary digital equipment to receive 
digital signals, with the public interest in promoting good digital 
signal reception for viewers who have.
    14. Public safety services operate in the TV bands in 13 
metropolitan areas on channels in the range of 14-20 (470-412 MHz) that 
have previously been identified in each area. (Public safety services 
operate on specified channels in the TV bands as part of the Private 
Land Mobile Radio Service (PLMRS), see 47 CFR 90.303(a). PLMRS base 
stations on these channels must be located within 80 kilometers (50 
miles) of the center of the cities where they are permitted to operate 
on channels 14-20 (470-512 MHz), and mobile units may be operated 
within 48 kilometers (30 miles) of their associated base station or 
stations. Thus, mobile stations may be operated at up to 128 kilometers 
(80 miles) from the city center, see 47 CFR 90.305.) To protect these 
operations from interference, new and modified analog TV stations are 
required to protect land mobile operations on channels 14-20 by 
maintaining a co-channel separation of 341 km (212 miles) or more and 
an adjacent channel separation of 225 km (140 miles) or more from the 
geographic coordinates of the center of the metropolitan area. These 
standards have served well over the years to ensure that new and 
modified analog stations do not cause interference to land mobile 
operations in the TV bands. In developing the Appendix A list of analog 
stations that are eligible to operate after the transition ends, we 
used these same separation standards to protect land mobile operations 
on channels 14-20 from interference from analog TV operations. (See 47 
CFR 73.623(e) for the list of land mobile communities and channels.) We 
note that the analog stations that will operate under this authority 
have been operating without causing interference to public safety or 
other land mobile operations in those channels prior to the transition, 
and we expect that these stations will continue to operate in that 
manner during the 30-day Analog Nightlight Act period. We request 
comment on use of these standards and assumptions to protect public 
safety operations on channels 14-20 from interference from analog 
signals used for the Analog Nightlight program.
2. Other Stations That May Meet Eligibility Requirements
    15. Broadcasters whose stations are not listed in Appendix A and 
who are interested in providing nightlight service may submit 
engineering and other information to demonstrate why they believe they 
meet the criteria identified in the Act. We recognize that there are 
many analog stations that are currently operating close to digital 
stations without causing interference. In such cases, interference is 
avoided by stations operating at less than the maximum allowed 
technical facilities, terrain features, or other conditions affecting 
propagation. We propose to allow stations to notify the Commission of 
their interest in participating in the Analog Nightlight program even 
if their spacing is less than the distances proposed above from one or 
more co-channel or adjacent channel digital stations. Such stations 
should notify us in their comments to this NPRM and through the 
Engineering STA process described below, and explain how they could 
operate without causing harmful interference to nearby digital 
station(s). Such explanations may consist of analyses using the methods 
in OET-69 or other recognized methodologies for evaluating TV station 
interference. It is important that licensees be aware that interference 
that an analog station may be causing to digital stations prior to 
February 18, 2009, will not be allowed to continue after that date 
unless authorized pursuant to paragraph 16. We anticipate that we will 
be able to rely on the submissions we receive and public review to 
identify stations that may pose a problem. We delegate to the Media 
Bureau authority to address expeditiously issues that may arise 
associated with this process.
    16. We tentatively conclude that we will permit a station not 
listed in Appendix A to provide nightlight service if the station would 
cause no more than 0.1 percent new interference to a digital station in 
addition to that reflected in the DTV Table Appendix B. (The details of 
each station's DTV (post-transition) channel assignment, including 
technical facilities and predicted service and interference 
information, are set forth in the Appendix B to the final order in the 
DTV Table proceeding, MB Docket No. 87-268 (``DTV Table Appendix B'').) 
This stringent interference standard, which was used in the channel 
election process, will minimize as much as possible the chance of 
harmful interference from analog nightlight service to DTV service. We 
seek comment on this standard. We also propose to permit a station to 
cause up to, but no more than, 0.5 percent new interference to a 
digital station in addition to the interference included in DTV Table 
Appendix B in areas where there is no station listed as eligible in 
Appendix A or that would meet the 0.1

[[Page 80337]]

percent interference standard. (In this circumstance, an ``area'' means 
a viewing area, which may be a city, county, community, market, DMA, or 
other geographic area in which people receive over-the-air television 
service. Stations seeking to participate under this standard should 
make their argument and basis for inclusion clear in their STA 
submission.) We believe that this more-relaxed 0.5 percent interference 
standard is warranted where necessary to ensure that at least one 
station will provide the Analog Nightlight service, consistent with the 
Act's purpose of enabling broadcasters to provide essential public 
safety announcements and digital television transition information for 
a short time during the transition. We note that Section 3(1) of the 
Act requires the Commission to ``take into account market-by-market 
needs, based upon factors such as channel and transmitter 
availability.'' We invite comment on whether this provision supports 
use of a more relaxed 0.5 percent interference standard to determine 
eligibility in situations where no station can meet our more stringent 
interference eligibility criteria.
    17. The Commission reserves the right to rescind any station's 
authority to provide analog nightlight service if it interferes with 
post-transition digital service in a manner that is more harmful than 
expected and that outweighs the benefit of the time-limited analog 
nightlight service.

B. Notifications to the Commission of Program Participation

1. Notifications by Pre-Approved Eligible Stations
    18. A station listed in Appendix A can be considered pre-approved 
to participate in the Analog Nightlight program but must notify the 
Commission of its intent to participate by filing a Legal STA 
electronically through the Commission's Consolidated Database System 
(``CDBS'') using the Informal Application filing form. These 
notifications are necessary so that we can determine where the Analog 
Nightlight service will be available and also to establish the source 
of any unanticipated interference to a digital station in the area. 
Notifications should be filed as soon as possible and must be filed no 
later than February 10, 2009. A filing fee is normally required for 
Legal STAs; however, to encourage and hasten participation in the 
Analog Nightlight program, we will waive the filing fee for timely 
filed notifications. Because these stations are already determined to 
be eligible to participate in the program, we will not require an 
engineering or other showing. We also remind stations choosing to 
participate in the program to file an update to their Transition Status 
Report (FCC Form 387). (Stations are responsible for the continuing 
accuracy and completeness of the information furnished in their Form 
387. 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.) We seek comment on this proposal.
    19. In light of the extremely short period of time before the 
transition, we encourage stations to review Appendix A and to notify 
the Commission during the comment cycle if they intend to participate 
in the Analog Nightlight program. To ensure that these notifications 
are properly recorded, stations filings comments should also file a 
notification through the Legal STA process described above. As noted 
above, participation is voluntary, but we encourage stations to make 
these determinations and commitments as quickly as possible. These 
early indications of participation will facilitate Commission 
determination of the need to permit additional stations that are not 
included on the initial list to participate.
2. Requests for Program Participation With Eligibility Showings
    20. Stations that are not listed in the final Appendix A to the 
Report and Order in this proceeding, may nevertheless request to 
participate in the Analog Nightlight Program by filing an Engineering 
STA notification electronically through CDBS using the Informal 
Application filing form. A filing fee is normally required for an 
Engineering STA; however, to encourage participation in the Analog 
Nightlight program, we will waive the filing fee for timely filed 
requests. In addition, to hasten the process and expand the pool of 
eligible participants, broadcasters whose stations are not listed in 
Appendix A to this NPRM that believe they are nevertheless eligible to 
participate may file comments in this proceeding demonstrating their 
eligibility to participate in the program. To ensure that these 
requests are properly recorded, stations filing comments should also 
file a notification through the Engineering STA process. If there are 
objections to these notifications, they can be filed as reply comments 
in this docket. We will revise Appendix A as warranted in the Report 
and Order.
    21. To demonstrate eligibility, a station must include an 
engineering showing demonstrating that the station will cause no more 
than 0.1% interference, which is the standard the Commission used for 
the channel election process. This conservative measure of interference 
will ensure that stations continuing to broadcast an analog signal will 
not cause harmful interference to digital service. A station may 
propose to reduce its current analog power in order to remain within 
this interference level. Alternatively, a station may demonstrate that 
there is no other station in the area that is eligible to or planning 
to remain on the air to participate in the Analog Nightlight program 
and thus justify up to 0.5% interference to digital stations.
    22. In order to afford an opportunity for public consideration of 
these Engineering STA notifications, stations must file no later than 
February 3, 2009. This timing will allow the Commission, the public and 
other interested parties an opportunity to review and evaluate these 
requests. The Media Bureau will announce by public notice those 
stations that have filed a request to participate in the program. (The 
public notice will set forth a brief period of time within which an 
objection based on interference may be filed and will describe the 
expedited process for filing such objections.) Before February 17, 
2009, stations with requests that are not subject to any pending 
objection will be considered eligible to participate in the program. 
Nevertheless, participating stations must immediately stop broadcasting 
Analog Nightlight operations upon any valid complaints of interference 
to DTV stations or other statutorily protected operations. We also 
remind stations choosing to participate in the program to file an 
update to their Transition Status Report (FCC Form 387). We seek 
comment on this proposed process and the criteria set forth above.

C. Analog License Extension for Participating Stations

    23. Television broadcast licenses currently contain the following 
language concerning analog service:
    This is to notify you that your application for license is subject 
to the condition that on February 17, 2009, or by such other date as 
the Commission may establish in the future under Section 309(j)(14)(a) 
and (b) of the Communications Act, the licensee shall surrender either 
its analog or digital television channel for reallocation or 
reassignment pursuant to Commission

[[Page 80338]]

regulations. The Channel retained by the licensee will be used to 
broadcast digital television only after this date.
    24. The Report and Order in this proceeding will grant a blanket 
extension of license to broadcasters who participate in the Analog 
Nightlight program to operate for a period of 30 days after February 
17, 2009, i.e., until and including March 19, 2009. We delegate 
authority to the Media Bureau to issue a public notice just before the 
transition date announcing those stations that are participating in the 
Analog Nightlight program. The Media Bureau's Public Notice will 
establish the right of those licensees whose stations are identified in 
the public notice to continue to operate their stations in analog on 
their analog channels solely for the purpose of providing the Analog 
Nightlight service as described in the Report and Order.

D. Permissible Analog Nightlight Programming

    25. Consistent with the explicit language of the Act, we 
tentatively conclude that nightlight programming may convey only 
emergency information, as that term is defined in 47 CFR 79.2, and 
information regarding the digital transition. All such information 
should be available in both English and Spanish and accessible to 
persons with disabilities. We also encourage participating stations to 
provide the information in additional languages where appropriate and 
beneficial for their viewers. No other programming or advertisements 
will be permitted. As stated below, we seek comment on these tentative 
conclusions.
1. Emergency Information
    26. Under part 79 of our rules, emergency information is defined as 
follows:
    Information about a current emergency, that is intended to further 
the protection of life, health, safety, and property, i.e., critical 
details regarding the emergency and how to respond to the emergency. 
Examples of the types of emergencies covered include tornadoes, 
hurricanes, floods, tidal waves, earth quakes, icing conditions, heavy 
snows, widespread fires, discharge of toxic gases, widespread power 
failures, industrial explosions, civil disorders, school closings and 
changes in school bus schedules resulting from such conditions, and 
warning and watches of impending changes in weather.
    27. Thus, in the event of an emergency situation during the 30-day 
nightlight period, stations may broadcast video and audio concerning 
such emergencies, including but not limited to a crawl or text 
describing the emergency, live or taped action regarding the emergency, 
programming concerning the emergency, and the like. Licensees providing 
emergency information must make that information accessible to persons 
with disabilities under 47 CFR 79.2. We also note that the Emergency 
Alert System (``EAS'') would apply to the Analog Nightlight service to 
the extent an emergency arises during the 30-day time frame. EAS 
``provides the President with the capability to provide immediate 
communications and information to the general public at the National, 
State and Local Area levels during periods of national emergency,'' 
and, in addition, ``may be used to provide the heads of State and local 
government, or their designated representatives, with a means of 
emergency communication with the public in their State or Local Area.''
2. Transition Information
    28. With respect to the digital television transition, we 
tentatively conclude that stations airing a nightlight signal may 
broadcast any information that is relevant to informing viewers about 
the transition and how they can continue to obtain television service. 
Examples of the kind of information a station may want to air include, 
but are not limited to: General information about the transition; 
information about how viewers can receive digital signals; information 
about the circumstances related to the DTV transition in the station's 
market; answers to commonly asked questions and other useful 
information (e.g., how to re-position an antenna or install a converter 
box); where viewers can obtain more information about the transition in 
their local community, including a telephone number and Web site 
address for the station providing the nightlight service and other 
stations in the community and any other local sources of transition 
information and assistance; information about the DTV converter box 
coupon program; and information or links to other Web sites containing 
DTV information, including the FCC, National Association of 
Broadcasters (NAB) and National Telecommunications and Information 
Administration (NTIA) Web sites. Based on the limitations in the 
statute, we tentatively conclude that advertisements are not permitted 
to be included in the Analog Nightlight program. We seek comment on 
this tentative conclusion.
    29. Section 2(b)(2) of the Act provides for the broadcast of 
information, ``in English and Spanish and accessible to persons with 
disabilities,'' concerning the digital transition and certain other 
information. (As noted above, stations are encouraged also to provide 
information in additional languages that are common among their viewing 
audiences.) We tentatively conclude that such information may be made 
available in either open or closed captioning. In addition, as the Act 
provides, the Analog Nightlight information should include a telephone 
number and Internet address by which help with the transition may be 
obtained in both English and Spanish. We seek comment on the specific 
contact information that stations should provide to consumers. We ask 
state broadcaster associations to inform us of their plans to have 
local numbers, or local call centers, available to provide assistance 
to viewers with questions about local signal reception. In the interim, 
we encourage broadcasters to make local phone numbers available to the 
public and, where feasible, establish local call centers.
    30. We seek comment on the types of information that may be 
provided and additional sources for consumers to contact. With regard 
to the kind of emergency information noted in Section 2(b)(1) of the 
Act, we note that, pursuant to Sec.  79.2 of our rules, such 
information must be provided in an accessible visual format, but does 
not require that it be open or closed captioned. Such information must 
not only be accessible to individuals who are deaf and hard of hearing, 
but also to individuals who are blind or have low vision. Pursuant to 
Sec.  79.2 (b)(ii) and (iii), this is achieved through open aural 
description (in the case of (ii)) or by the use of an aural tone in 
(iii) to alert those with vision disabilities that they should turn to 
a radio or some other source of information. We seek comment on whether 
these methods are sufficient for purposes of Section 2(b)(2) of the 
Act. We also invite comment about other ways we can ensure that 
information is conveyed to people with disabilities.
    31. We tentatively conclude that the Analog Nightlight information 
may be aired using a ``slate'' with text and audio of the text or other 
DTV information, as well as information, if necessary describing the 
steps viewers must take to obtain emergency information. Participants 
in the Analog Nightlight program may also air a video loop with audio, 
or broadcast live action with audio format, or any combination thereof. 
(Stations choosing a video loop format may use the FCC's educational 
video showing how to install a converter box. See https://www.dtv.gov/
video_audio.html. Additional formats of

[[Page 80339]]

the video are available upon request.) We note that during the early 
transition in Wilmington, NC, stations used a slate to provide 
nightlight service. NAB has also recently announced that it will 
produce and distribute a brief DTV educational video that stations can 
air as part of the Analog Nightlight program.
    32. In general we seek comment on these tentative conclusions and 
proposals regarding nightlight programming and invite commenters to 
suggest other kinds of information that stations could provide to 
assist viewers.

IV. Procedural Matters

A. Regulatory Flexibility Act Analysis Not Required

    33. We find that no Initial Regulatory Flexibility Analysis (IRFA) 
is required for this Notice of Proposed Rulemaking. As stated above, 
because of the ``urgent necessity for rapid administrative action under 
the circumstances,'' we find that there is good cause to dispense with 
notice and comment requirements under the Administrative Procedure Act. 
The Analog Nightlight Act imposes a statutory deadline of January 15, 
2009, less than one month away, and the Commission has an 
extraordinarily short time period to meet this deadline: The bill was 
sent to the President for his signature on December 12, 2008, and it 
was enacted into law on December 23, 2008. For this reason, we find 
that an IRFA is not required. Nonetheless, we invited comment from 
interested parties in order to assist in our development of the Analog 
Nightlight program.

B. Initial Paperwork Reduction Act of 1995 Analysis

    34. This Notice of Proposed Rulemaking was analyzed with respect to 
the Paperwork Reduction Act of 1995 (``PRA''), Public Law 104-13, 109 
Stat 163 (1995) (codified in Chapter 35 of Title 44 U.S.C.), and 
contains a modified information collection requirement. The Commission 
will seek approval under the PRA under OMB's emergency processing rules 
for these information collections in order to implement the 
Congressional mandate for the FCC to develop and implement a program by 
January 15, 2009, to encourage and permit TV broadcast stations to use 
this opportunity to provide public safety information and DTV 
transition information. We believe there is good cause for requesting 
emergency PRA approval from OMB because of the January 15, 2009 
statutory deadline for implementing the Nightlight Act, which was 
enacted by Congress only this month, as well as the brief 30-day period 
during which the Act's provisions will be in force, circumstances which 
make the use of normal OMB clearance procedures reasonably likely to 
cause the Act's statutory deadlines to be missed. In addition, any 
delay in implementing this Congressional mandate can result in harm to 
TV stations, and, in turn, to their viewers. (Due to the short time 
frame provided for us to act in the Analog Nightlight Act, we will ask 
OMB to waive Federal Register notice for this emergency request under 
the PRA. See 5 CFR 1320.13(d).) For additional information concerning 
the PRA proposed information collection requirements contained in this 
NPRM, contact Cathy Williams at 202-418-2918, or via the Internet to 
Cathy.Williams@fcc.gov.

C. Ex Parte Rules

    35. Permit-But-Disclose. This proceeding will be treated as a 
``permit-but-disclose'' proceeding subject to the ``permit-but-
disclose'' requirements under section 1.1206(b) of the Commission's 
rules. Ex parte presentations are permissible if disclosed in 
accordance with Commission rules, except during the Sunshine Agenda 
period when presentations, ex parte or otherwise, are generally 
prohibited. Persons making oral ex parte presentations are reminded 
that a memorandum summarizing a presentation must contain a summary of 
the substance of the presentation and not merely a listing of the 
subjects discussed. More than a one- or two-sentence description of the 
views and arguments presented is generally required. Additional rules 
pertaining to oral and written presentations are set forth in section 
1.1206(b).

D. Filing Requirements

    36. Comments and Replies. Pursuant to Sections 1.415 and 1.419 of 
the Commission's rules, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using: (1) The Commission's Electronic 
Comment Filing System (``ECFS''), (2) the Federal Government's 
eRulemaking Portal, or (3) by filing paper copies.
    37. Electronic Filers: Comments may be filed electronically using 
the Internet by accessing the ECFS: https://www.fcc.gov/cgb/ecfs/ or the 
Federal eRulemaking Portal: https://www.regulations.gov. Filers should 
follow the instructions provided on the Web site for submitting 
comments. For ECFS filers, in completing the transmittal screen, filers 
should include their full name, U.S. Postal Service mailing address, 
and the applicable docket or rulemaking number. Parties may also submit 
an electronic comment by Internet e-mail. To get filing instructions, 
filers should send an e-mail to ecfs@fcc.gov, and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response.
    38. Paper Filers: Parties who choose to file by paper must file an 
original and four copies of each filing. Filings can be sent by hand or 
messenger delivery, by commercial overnight courier, or by first-class 
or overnight U.S. Postal Service mail (although we continue to 
experience delays in receiving U.S. Postal Service mail). All filings 
must be addressed to the Commission's Secretary, Office of the 
Secretary, Federal Communications Commission.
    39. The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at 236 
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing 
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be 
held together with rubber bands or fasteners. Any envelopes must be 
disposed of before entering the building.
    40. Commercial overnight mail (other than U.S. Postal Service 
Express Mail and Priority Mail) must be sent to 9300 East Hampton 
Drive, Capitol Heights, MD 20743.
    41. U.S. Postal Service first-class, Express, and Priority mail 
should be addressed to 445 12th Street, SW., Washington, DC 20554.
    42. Availability of Documents. Comments, reply comments, and ex 
parte submissions will be available for public inspection 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. Documents 
will be available electronically in ASCII, Word 97, and/or Adobe 
Acrobat.
    43. People with Disabilities: To request materials in accessible 
formats for people with disabilities (braille, large print, electronic 
files, audio format), send an e-mail to fcc504@fcc.gov or call the 
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
    44. Additional Information. For additional information on this 
proceeding, contact Kim Matthews, Kim.Matthews@fcc.gov, or Evan 
Baranoff, Evan.Baranoff@fcc.gov, or Eloise Gore, Eloise.Gore@fcc.gov, 
of the Media Bureau, Policy Division, (202)

[[Page 80340]]

418-2120; Gordon Godfrey, Gordon.Godfrey@fcc.gov, of the Media Bureau, 
Engineering Division, (202) 418-7000; Nazifa Sawez, 
Nazifa.Sawez@fcc.gov, of the Media Bureau, Video Division, (202) 418-
1600; or Alan Stillwell, Alan.Stillwell@fcc.gov, of the Office of 
Engineering and Technology, (202) 418-2470.

V. Ordering Clauses

    45. Accordingly, it is ordered that, pursuant to Sections 1, 4(i), 
303(r), 316, and 336 of the Communications Act of 1934, 47 U.S.C. 151, 
154(i), 303(r), 316, and 336, and the Short-term Analog Flash and 
Emergency Readiness Act of 2008, notice is hereby given of the 
proposals and tentative conclusions described in this Notice of 
Proposed Rulemaking.
    46. It is further ordered that the Reference Information Center, 
Consumer Information Bureau, shall send a copy of this Notice of 
Proposed Rulemaking, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.

Appendix A: Initial List of Stations Eligible for Analog Nightlight 
Program

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Post         Pre
            Market               Facility      Call sign            City            ST       Anlg   transition   transition        Status of analog
                                    ID                                                       Ch.     DTV Ch.    DTV Ch. (*)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Anchorage, AK.................        804  KAKM............  Anchorage........  AK              7            8
Anchorage, AK.................      13815  KIMO............  Anchorage........  AK             13           12
Anchorage, AK.................      10173  KTUU-TV.........  Anchorage........  AK              2           10
Anchorage, AK.................       4983  KYUK-TV.........  Bethel...........  AK              4            3
Fairbanks, AK.................      13813  KATN............  Fairbanks........  AK              2           18
Fairbanks, AK.................      20015  KJNP-TV.........  North Pole.......  AK              4           20
Fairbanks, AK.................      49621  KTVF............  Fairbanks........  AK             11           26
Fairbanks, AK.................      69315  KUAC-TV.........  Fairbanks........  AK              9            9           24
Juneau, AK....................       8651  KTOO-TV.........  Juneau...........  AK              3           10
Juneau, AK....................      60520  KUBD............  Ketchikan........  AK              4           13
Birmingham, AL................      71325  WDBB............  Bessemer.........  AL             17           18
Dothan, AL....................      43846  WDHN............  Dothan...........  AL             18           21
Huntsville-Decatur-Florence,        57292  WAAY-TV.........  Huntsville.......  AL             31           32
 AL.
Montgomery, AL................        714  WDIQ............  Dozier...........  AL              2           10
Ft. Smith-Fayetteville-             66469  KFSM-TV.........  Fort Smith.......  AR              5           18
 Springdale-Rogers, AR.
Ft. Smith-Fayetteville-             60354  KHOG-TV.........  Fayetteville.....  AR             29           15
 Springdale-Rogers, AR.
Little Rock-Pine Bluff, AR....      33440  KARK-TV.........  Little Rock......  AR              4           32
Little Rock-Pine Bluff, AR....       2770  KETS............  Little Rock......  AR              2            7  ...........  Terminating 1/3/09.
Little Rock-Pine Bluff, AR....      11951  KLRT-TV.........  Little Rock......  AR             16           30
Little Rock-Pine Bluff, AR....      37005  KWBF............  Little Rock......  AR             42           44  ...........  Reduced 10/31/08.
Phoenix, AZ...................      41223  KPHO-TV.........  Phoenix..........  AZ              5           17
Phoenix, AZ...................      40993  KTVK............  Phoenix..........  AZ              3           24
Phoenix, AZ...................      68886  KUTP............  Phoenix..........  AZ             45           26
Tucson, AZ....................      81441  KFTU-TV.........  Douglas..........  AZ              3           36
Tucson, AZ....................      30601  KHRR............  Tucson...........  AZ             40           40           42
Tucson, AZ....................       2731  KUAT-TV.........  Tucson...........  AZ              6           30
Tucson, AZ....................      25735  KVOA............  Tucson...........  AZ              4           23
Eureka, CA....................       8263  KAEF............  Arcata...........  CA             23           22
Fresno-Visalia, CA............      51488  KMPH-TV.........  Visalia..........  CA             26           28
Fresno-Visalia, CA............      35594  KSEE............  Fresno...........  CA             24           38
Los Angeles, CA...............      47906  KNBC............  Los Angeles......  CA              4           36
Los Angeles, CA...............      35670  KTLA............  Los Angeles......  CA              5           31
Los Angeles, CA...............      26231  KWHY-TV.........  Los Angeles......  CA             22           42
Sacramento-Stockton-Modesto,        33875  KCRA-TV.........  Sacramento.......  CA              3           35
 CA.
San Diego, CA.................       6124  KPBS............  San Diego........  CA             15           30
San Francisco-Oakland-San           65526  KRON-TV.........  San Francisco....  CA              4           38
 Jose, CA.
San Francisco-Oakland-San           35703  KTVU............  Oakland..........  CA              2           44
 Jose, CA.
Santa Barbara-Santa Maria-San       63165  KCOY-TV.........  Santa Maria......  CA             12           19
 Luis Obispo, CA.
Santa Barbara-Santa Maria-San       60637  KEYT-TV.........  Santa Barbara....  CA              3           27
 Luis Obispo, CA.

[[Page 80341]]

 
Santa Barbara-Santa Maria-San       19654  KSBY............  San Luis Obispo..  CA              6           15
 Luis Obispo, CA.
Yuma, AZ-El Centro, CA........      36170  KVYE............  El Centro........  CA              7           22
Albuquerque-Santa Fe, NM......      48589  KREZ-TV.........  Durango..........  CO              6           15
Colorado Springs-Pueblo, CO...      59014  KOAA-TV.........  Pueblo...........  CO              5           42
Denver, CO....................      63158  KCDO..