Digital Television Signals Pursuant To the Satellite Home Viewer Extension and Reauthorization Act of 2004, 38346-38352 [E6-10483]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 71, Number 129 (Thursday, July 6, 2006)]
[Proposed Rules]
[Pages 38346-38352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10483]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

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


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

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

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

ADDRESSES: You may submit comments, identified by ET Docket No. 06-94 
and FCC 06-51 by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     People with Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
    In addition to filing comments with the Secretary, a copy of any 
comments on the Paperwork Reduction Act information collection 
requirements contained herein should be submitted to Cathy Williams, 
Federal Communications Commission, Room 1-C804, 445 12th Street, SW., 
Washington, DC 20554, or via the Internet to PRA@fcc.gov, and to Kristy 
L. LaLonde, OMB Desk Officer, Room 10234 NEOB, 725 17th Street, NW., 
Washington, DC 20503, via the Internet to Kristy L. 
LaLonde@omb.eop.gov, or via fax at 202-395-5167.
    For detailed instructions for submitting comments and additional 
information on the rule making process, see the SUPPLEMENTARY 
INFORMATION section of this document.

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

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

[[Page 38347]]

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

Initial Paperwork Reduction Act of 1995 Analysis

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

Summary of Notice of Proposed Rulemaking

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

[[Page 38348]]

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

[[Page 38349]]

Initial Regulatory Flexibility Act Analysis

    11. As required by the Regulatory Flexibility Act of 1980, as 
amended (``RFA''),\1\ the Commission has prepared this Initial 
Regulatory Flexibility Act Analysis (``IRFA'') of the possible 
significant economic impact on small entities by the policies and rules 
proposed in this Notice of Proposed Rulemaking (``NPRM''). Written 
public comments are requested on this IRFA. Comments must be identified 
as response to the IRFA and must be filed by the deadlines for comments 
on the NPRM, provided in paragraph 20 of the item. The Commission will 
send a copy of the NPRM, including this IRFA, to the Chief Counsel for 
Advocacy of the Small Business Administration.\2\ In addition, the NPRM 
(or summaries thereof), including the IRFA, will be published in the 
Federal Register.\3\
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601--612, has been 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1966 (SBREFA), Public Law 104-121, 110 Stat. 847 (1996).
    \2\ 5 U.S.C. 603(a).
    \3\ Id.
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    A. Need for and Objectives of the Proposed Rules. The Commission 
seek comment on whether the Commission should amend its rules as 
proposed to include measurement procedures for determining the strength 
of a digital broadcast television (DTV) signal at any specific 
location. These procedures would be used as a means of determining 
whether households are eligible to receive distant DTV network signals 
retransmitted by satellite communications providers. This Notice of 
Proposed Rulemaking begins the process of implementing our 
recommendations for DTV measurement procedures presented in the 
Commission's Report to Congress (SHVERA Report) pursuant to section 
204(b) of the Satellite Home Viewer Extension and Reauthorization Act 
of 2004 (SHVERA).\4\
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    \4\ See SHVERA, supra n.1.
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    (1) The current rule includes measurement procedures for 
determining the strength of an analog broadcast television signal at 
any specific location and is used to determine household eligibility to 
receive distant analog TV network signals retransmitted by satellite 
communications providers. In December 2004, however, Congress enacted 
the Satellite Home Viewer Extension and Reauthorization Act of 2004,\5\ 
pursuant to which, the Commission conducted an Inquiry \6\ (SHVERA 
Inquiry) and on December 9, 2005, released the SHVERA Report to 
Congress. In relevant part, the SHVERA Report to Congress stated that 
the Commission intended to conduct a rulemaking proceeding to specify 
procedures for measuring the field strength of digital television 
signals at individual locations.\7\ The report also stated that the 
digital television measurement procedures should be similar to the 
current procedures for measuring the field strength of analog 
television stations in 73.686(d) of the rules, but with certain 
modifications to address the differences between analog and digital TV 
signals.\8\
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    \5\ See id.
    \6\ See In the Matter Of Technical Standards For Determining 
Eligibility For Satellite-Delivered Network Signals Pursuant To The 
Satellite Home Viewer Extension and Reauthorization Act, ET Docket 
No. 05-182, Notice of Inquiry (Inquiry), 20 FCC Rcd. 9349 (2005).
    \7\ See SHVERA Report, supra note 4.
    \8\ Id.
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    (2) Wherever possible, the proposed digital signal strength 
measurement procedures rely on the existing, proven methods the 
Commission has established for measuring analog television signal 
strength at any individual location.\9\ In the NPRM, the Commission 
requests comment on these proposals. We also note that the SHVERA 
statute provides that testing of digital signal strength for this 
purpose could begin as early as April 30, 2006.\10\ Therefore, the NPRM 
states that the Commission will rely on the proposed DTV measurement 
procedures for evaluating DTV signal strengths pending the adoption of 
rules in this regard.
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    \9\ See generally, 47 CFR 73.686(d).
    \10\ 47 U.S.C. 339(a)(2)(D)(vii) provides trigger dates for 
testing. Generally, subscribers in the top 100 television markets 
will be able to request a digital signal strength test after April 
30, 2006 and subscribers in other markets will be able to request a 
test after July 15, 2007. Only network stations that have received a 
tentative digital channel designation that is the same as such 
stations' current digital channel, or that have lost interference 
protection, are subject to the April 30, 2006 commencement date for 
signal strength testing. Network stations in the top 100 markets 
without tentative channel designations on their DTV channels, as 
well as all network stations not in the top 100 markets, will be 
subject to signal strength testing beginning July 15, 2007, unless 
the Commission grants the station a waiver. 47 U.S.C. 
339(a)(2)(D)(vii)(AA).
    Waiver requests by stations subject to the testing commencement 
date of April 30, 2006 were required to be submitted by November 30 
2005. To be grantable, waiver requests must provide ``clear and 
convincing evidence that the station's digital signal coverage is 
limited due to the unremediable presence of one or more of the 
following: 1) the need for international coordination or approvals; 
2) clear zoning or environmental legal impediments; 3) force 
majeure; 4) the station experiences a substantial decrease in its 
digital signal coverage area due to the necessity of using a side-
mounted antenna; 5) substantial technical problems that result in a 
station experiencing a substantial decrease in its coverage area 
solely due to actions to avoid interference with emergency response 
providers; or 6) no satellite carrier is providing the 
retransmission of the analog signals of local network stations under 
section 338 in the local market.'' The Act further provides that 
``under no circumstances may such a waiver be based upon financial 
exigency.'' Waiver requests by stations subject to the testing 
commencement date of July 15, 2007 must be submitted to the 
Commission no later than February 15, 2007. See Public Notice DA No. 
05-2979 (released Nov. 17, 2005). See generally, 47 U.S.C. 
339(a)(2)(D)(vii)-(viii).
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    B. Legal Basis. The legal basis for the rule changes proposed in 
the NPRM is contained in sections 1, 4(i) and (j), and 339 of the 
Communications Act of 1934, as amended, 47 U.S.C. 151, 154(i) and (j), 
and 339 (including amendments enacted in the Satellite Home Viewer 
Extension and Reauthorization Act of 2004).
    C. Description and Estimates of the Number of Small Entities to 
Which the Rules Adopted in This Notice May Apply. The RFA directs 
agencies to provide a description of and, where feasible, an estimate 
of the number of small entities that will be affected by the proposed 
rules.\11\ The RFA generally defines the term ``small entity'' as 
having the same meaning as the terms ``small business,'' ``small 
organization,'' and ``small governmental jurisdiction.'' \12\ In 
addition, the term ``small business'' has the same meaning as the term 
``small business concern'' under the Small Business Act.\13\ A small 
business concern is one which: (1) is independently owned and operated; 
(2) is not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the Small Business Administration 
(SBA).\14\
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    \11\ 5 U.S.C. 603(b) (3), 604(a) (3).
    \12\ Id., 601(6).
    \13\ 5 U.S.C. 601(3) (incorporating by reference the definition 
of ``small business concern'' in the Small Business Act, 15 U.S.C. 
632). Pursuant to 5 U.S.C. 601(3), the statutory definition of a 
small business applies ``unless an agency, after consultation with 
the Office of Advocacy of the Small Business Administration and 
after opportunity for public comment, establishes one or more 
definitions of such terms which are appropriate to the activities of 
the agency and publishes such definitions(s) in the Federal 
Register.''
    \14\ 15 U.S.C. 632.
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    (1) The proposed rules contained in the NPRM set forth procedures 
to measure the strength of digital television signals at any particular 
location, as a means of determining whether any particular household is 
``unserved'' by a local DTV network station and is therefore eligible 
to receive a distant DTV network signal retransmitted by a Direct 
Broadcast Satellite (DBS) service provider. Therefore, DBS providers 
will be directly and primarily affected by the proposed rules, if 
adopted. In addition,

[[Page 38350]]

the proposed rules, if adopted, will also directly affect those local 
digital television stations that broadcast network programming. 
Therefore, in this IRFA, we consider, and invite comment on, the impact 
of the proposed rules on small digital television broadcast stations, 
small DBS providers, and other small entities. A description of such 
small entities, as well as an estimate of the number of such small 
entities, is provided below.
    (2) Direct Broadcast Satellite (``DBS'') Service. DBS service is a 
nationally distributed subscription service that delivers video and 
audio programming via satellite to a small parabolic ``dish'' antenna 
at the subscriber's location. Because DBS provides subscription 
services, DBS falls within the SBA-recognized definition of Cable and 
Other Program Distribution.\15\ This definition provides that a small 
entity is one with $13.5 million or less in annual receipts.\16\ 
Currently, only three operators hold licenses to provide DBS service, 
which requires a great investment of capital for operation. All three 
currently offer subscription services. Two of these three DBS 
operators, DirecTV \17\ and EchoStar Communications Corporation 
(``EchoStar''),\18\ report annual revenues that are in excess of the 
threshold for a small business. The third DBS operator, Dominion Video 
Satellite, Inc. (``Dominion''), offers religious (Christian) 
programming and does not report its annual receipts.\19\ The Commission 
does not know of any source which provides this information and, thus, 
we have no way of confirming whether Dominion qualifies as a small 
business. Because DBS service requires significant capital, we believe 
it is unlikely that a small entity as defined by the SBA would have the 
financial wherewithal to become a DBS licensee. Nevertheless, given the 
absence of specific data on this point, we acknowledge the possibility 
that there are entrants in this field that may not yet have generated 
$13.5 million in annual receipts, and therefore may be categorized as a 
small business, if independently owned and operated.
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    \15\ 13 CFR 121.201, NAICS code 517510.
    \16\ Id.
    \17\ DirecTV is the largest DBS operator and the second largest 
MVPD, serving an estimated 13.04 million subscribers nationwide; See 
Annual Assessment of the Status of Competition in the Market for the 
Delivery of Video Programming, Twelfth Annual Report, FCC 05-255, ] 
73 (rel. March 3, 2006) (``2006 Cable Competition Report'').
    \18\ EchoStar, which provides service under the brand name Dish 
Network, is the third largest MVPD, serving an estimated 11.45 
million subscribers nationwide. Id.
    \19\ Dominion, which provides service under the brand name Sky 
Angel, serves fewer than one million subscribers. Id.
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    (3) Television Broadcast Stations. The proposed rules and policies 
apply to digital television broadcast licensees, and potential 
licensees of digital television service. The SBA defines a television 
broadcast station as a small business if such station has no more than 
$13 million in annual receipts.\20\ Business concerns included in this 
industry are those ``primarily engaged in broadcasting images together 
with sound.'' \21\ According to Commission staff review of the BIA 
Publications, Inc. Master Access Television Analyzer Database (BIA) on 
October 18, 2005, about 873 of the 1,307 commercial television stations 
\22\ (or approximately 67 percent) have revenues of $13 million or less 
and thus qualify as small entities under the SBA definition. We note, 
however, that, in assessing whether a business concern qualifies as 
small under the above definition, the controlling affiliation(s) \23\ 
must be considered. Our estimate, therefore, likely overstates the 
number of small entities that might be affected by our action, because 
the revenue figure on which it is based does not include or aggregate 
revenues from affiliated companies.
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    \20\ See 13 CFR 121.201, NAICS Code 515120.
    \21\ Id. This category description continues, ``These 
establishments operate television broadcasting studios and 
facilities for the programming and transmission of programs to the 
public. These establishments also produce or transmit visual 
programming to affiliated broadcast television stations, which in 
turn broadcast the programs to the public on a predetermined 
schedule. Programming may originate in their own studios, from an 
affiliated network, or from external sources.'' Separate census 
categories pertain to businesses primarily engaged in producing 
programming. See Motion Picture and Video Production, NAICS code 
512110; Motion Picture and Video Distribution, NAICS Code 512120; 
Teleproduction and Other Post-Production Services, NAICS Code 
512191; and Other Motion Picture and Video Industries, NAICS Code 
512199.
    \22\ Although we are using BIA's estimate for purposes of this 
revenue comparison, the Commission has estimated the number of 
licensed commercial television stations to be 1,368. See News 
Release, ``Broadcast Station Totals as of June 30, 2005'' (dated 
Aug. 29, 2005); see https://www.fcc.gov/mb/audio/totals/
bt050630.html.
    \23\ ``[Business concerns] are affiliates of each other when one 
[concern] controls or has the power to control the other or a third 
party or parties controls or has the power to control both.'' 13 CFR 
121.103(a)(1).
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    (4) In addition, an element of the definition of ``small business'' 
is that the entity not be dominant in its field of operation. We are 
unable at this time to define or quantify the criteria that would 
establish whether a specific television station is dominant in its 
field of operation. Accordingly, the estimate of the number of small 
businesses to which the proposed rules may apply do not exclude any 
television station from the definition of a small business on this 
basis and are therefore over-inclusive to that extent. Also as noted, 
an additional element of the definition of ``small business'' is that 
the entity must be independently owned and operated. We note that it is 
difficult at times to assess these criteria in the context of media 
entities and our estimates of small businesses to which they apply may 
also be over-inclusive to this extent. Finally, because only those 
digital television stations that are affiliated with a network would be 
subject to the proposed rules, our estimate of potentially affected 
small businesses is over-inclusive for this reason as well.
    (5) Class A TV, LPTV, and TV translator stations. The proposed 
rules and policies could also apply to licensees of Class A TV 
stations, low power television (LPTV) stations, and TV translator 
stations, as well as to potential licensees in these television 
services. The same SBA definition that applies to television broadcast 
licensees would apply to these stations. The SBA defines a television 
broadcast station as a small business if such station has no more than 
$13 million in annual receipts.\24\
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    \24\ See 13 CFR 121.201, NAICS Code 515120.
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    (6) Currently, there are approximately 592 licensed Class A 
stations, 2,145 licensed LPTV stations, 4,491 licensed TV translators 
and 11 TV booster stations.\25\ Given the nature of these services, we 
will presume that all of these licensees qualify as small entities 
under the SBA definition. We note, however, that under the SBA's 
definition, revenue of affiliates that are not LPTV stations should be 
aggregated with the LPTV station revenues in determining whether a 
concern is small. Our estimate may thus overstate the number of small 
entities since the revenue figure on which it is based does not include 
or aggregate revenues from non-LPTV affiliated companies. We do not 
have data on revenues of TV translator or TV booster stations, but 
virtually all of these entities are also likely to have revenues of 
less than $13 million and thus may be categorized as small, except to 
the extent that revenues of affiliated non-translator or booster 
entities should be considered. Finally, our estimate overstates the 
number of affected entities because these stations could be affected 
only if they both

[[Page 38351]]

broadcast a digital signal and are affiliated with a network.
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    \25\ News Release, ``Broadcast Station Totals as of December 31, 
2005'' (dated Feb. 23, 2006); see  https://www.fcc.gov/mb/audio/
totals/bt051231.html
_____________________________________-

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

List of Subjects in 47 CFR Part 73

    Communications equipment, Television.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications Commission proposes to amend 47 CFR part 73, as follows:

PART 73--RADIO BROADCAST SERVICES

    1. The authority citation for part 73 continues to read as follows:

     Authority: 47 U.S.C. 154, 303, 334 and 336.

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


Sec.  73.686  Field strength measurements.

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

[[Page 38352]]

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

[FR Doc. E6-10483 Filed 7-5-06; 8:45 am]
BILLING CODE 6712-06-P