Third Periodic Review of the Commission's Rules and Policies Affecting the Conversion to Digital Television, 37310-37344 [E7-12905]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 72, Number 130 (Monday, July 9, 2007)]
[Proposed Rules]
[Pages 37310-37344]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12905]



[[Page 37309]]

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Part II





Federal Communications Commission





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47 CFR Part 73



Third Periodic Review of the Commission's Rules and Policies Affecting 
the Conversion to Digital Television; Proposed Rule

Federal Register / Vol. 72, No. 130 / Monday, July 9, 2007 / Proposed 
Rules

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 07-91; FCC 07-70]


Third Periodic Review of the Commission's Rules and Policies 
Affecting the Conversion to Digital Television

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: This document begins the Commission's third periodic review of 
the transition of the nation's broadcast television system from analog 
to digital television. It provides a progress report on the DTV 
transition and considers the procedures and rule changes necessary to 
ensure that broadcasters timely complete their transitions. Congress 
has mandated that after February 17, 2009, full-power television 
broadcast stations must transmit only digital signals, and may no 
longer transmit analog signals. This document considers how to ensure 
that broadcasters complete construction of their final, post-transition 
(digital) facilities by the statutory deadline.

DATES: Comments are due on or before August 8, 2007; reply comments are 
due on or before August 23, 2007.

ADDRESSES: You may submit comments, identified by MB Docket No. 07-91, 
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 website 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.
     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. 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.
     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.
    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: For additional information on this 
proceeding, contact 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; 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.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking, FCC 07-70, adopted on April 25, 2007, and 
released on May 18, 2007. The full text of this document is available 
for public inspection and copying during regular business hours in the 
FCC Reference Center, Federal Communications Commission, 445 12th 
Street, SW., CY-A257, Washington, DC 20554. These documents will also 
be available via ECFS (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).

Initial Paperwork Reduction Act of 1995 Analysis

    This document has been analyzed with respect to the Paperwork 
Reduction Act of 1995 (``PRA''), and contains proposed new and modified 
information collection requirements, including the following proposals: 
(1) Applications detailing stations' plans for completing their 
transitions; (2) Applications to construct or modify post-transition 
facilities (using FCC Forms 301 and 340); (3) Requests to reduce analog 
TV service; (4) Requests to terminate analog TV service; (5) Requests 
to flash cut; (6) Requests for STA to use analog translators to offset

[[Page 37311]]

loss of analog service; (7) Requests for extension of time to construct 
(using FCC Form 337), or to toll the construction deadline for, DTV 
facilities; (8) Requests to transition early to their post-transition 
channel; (9) Requests for STA to temporarily remain on their in-core 
pre-transition DTV channel; (10) Requests for STA to build less than 
full, authorized post-transition facilities by the deadline; (11) 
Applications for a license to cover post-transition facilities (using 
FCC Form 302 DTV); and (12) PSIP requirement to populate the Event 
Information Tables (``EITs'') with accurate information about each 
event and to update the EIT if more accurate information becomes 
available. 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 proposed information 
collection requirements contained in this document, as required by the 
PRA.
    Written comments on the PRA proposed information collection 
requirements must be submitted by the public, the OMB, and other 
interested parties on or before September 7, 2007. 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, 
we seek specific comment on how we might ``further reduce the 
information collection burden for small business concerns with fewer 
than 25 employees.''
    In addition to filing comments with the Office of the Secretary, a 
copy of any comments on the proposed information collection 
requirements contained herein should be submitted to Cathy Williams, 
Federal Communications Commission, 445 12th St, SW., Room 1-C823, 
Washington, DC 20554, or via the Internet to Cathy.Williams@fcc.gov; 
and also to Jasmeet Seehra, OMB, Room 10234 NEOB, 725 17th Street, NW., 
Washington, DC 20503, or via Internet to Jasmeet--K.--
Seehra@omb.eop.gov, or via fax at 202-395-5167. If you would like to 
obtain a coy of this information collection, you may do so by visiting 
the FCC's PRA webpage at https://www.fcc.gov/omd/pra.
    Further Information. For additional information concerning the PRA 
proposed information collection requirements contained in this 
document, contact Cathy Williams at 202-418-2918, or via the Internet 
to Cathy.Williams@fcc.gov or PRA@fcc.gov.

    OMB Control Number: 3060-0027.
    Title: Application for Construction Permit for Commercial Broadcast 
Station, FCC Form 301.
    Form Number: FCC Form 301.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 4,278.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement.
    Estimated Time Per Response: 2 to 4 hours.
    Total Annual Burden: 10,513 hours.
    Total Annual Costs: $51,350,347.
    Nature of Response: Required to obtain or retain benefits.
    Confidentiality: No need for confidentiality required.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On April 25, 2007, the Commission adopted a Notice 
of Proposed Rulemaking (NPRM), In the Matter of the Third Periodic 
Review of the Commission's Rules and Policies Affecting the Conversion 
to Digital Television, MB Docket No. 07-91, FCC 07-70. The NPRM 
proposes that commercial television stations must use the proposed 
revised FCC Form 301 when applying for post-transition facilities, when 
requesting to reduce analog TV service and when requesting to 
transition early to their post-transition channel. FCC Form 301 is 
being revised to accommodate the filing of post-transition 
applications.
    FCC Form 301 is used to apply for authority to construct a new 
commercial AM, FM, or TV broadcast station, to make changes in existing 
facilities of such a station, and may be used to request a change of a 
station's community of license by AM and non-reserved band FM 
permittees and licensees. In addition, FM licensees or permittees may 
request, by filing an application on FCC Form 301, upgrades on adjacent 
and co-channels, modifications to adjacent channels of the same class, 
and downgrades to adjacent channels.

    OMB Control Number: 3060-0029.
    Title: Application for TV Broadcast Station License, FCC Form 302 
TV; Application for DTV Broadcast Station License, FCC Form 302-DTV, 
Application for Construction Permit for Reserved Channel Noncommercial 
Educational Broadcast Station, FCC Form 340; Application for Authority 
to Construct or Make Changes in an FM Translator or FM Booster Station, 
FCC Form 349.
    Form Number(s): FCC Form 302 TV; FCC Form 302-DTV; FCC Form 340; 
FCC Form 349.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions; State, local or tribal government.
    Number of Respondents: 4,325.
    Frequency of Response: On occasion reporting requirement; 
Recordkeeping requirement; Third party disclosure requirement.
    Estimated Time per Response: 2 to 4 hours.
    Total Annual Burden: 12,150 hours.
    Total Annual Costs: $21,091,625.
    Nature of Response: Required to obtain or retain benefits.
    Confidentiality: No need for confidentiality required.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On April 25, 2007, the Commission adopted a Notice 
of Proposed Rulemaking (NPRM), In the Matter of the Third Periodic 
Review of the Commission's Rules and Policies Affecting the Conversion 
to Digital Television, MB Docket No. 07-91, FCC 07-70, to consider the 
procedures and rule changes necessary to complete the nation's 
transition to DTV, including how best to ensure that broadcasters 
complete construction of their facilities on their final, post-
transition (digital) channel by the statutory deadline.
    The NPRM proposes that Noncommercial Education (NCE) television 
stations must use the proposed revised FCC Form 340 when applying for 
authority to construct or modify post-transition facilities; when 
requesting to reduce analog TV service and when requesting to 
transition early to their post-transition channel. Therefore, FCC Form 
340 is being revised to accommodate the filing of applications to 
construct or modify post-transition facilities.
    The NPRM also proposes that stations that have applied to construct 
or modify post-transition facilities must use the Form 302--DTV to 
obtain a new or modified station license to cover those post-transition 
facilities.
    In addition, the Commission is consolidating information collection 
OMB Control Number 3060-0837

[[Page 37312]]

(Application for DTV Broadcast Station License, FCC 302-DTV) into this 
collection OMB Control Number 3060-0029.
    FCC Forms 302-TV, 302-DTV and 349 remain unchanged.

    OMB Control Number: 3060-0407.
    Title: Application for Extension of Time to Construct a Digital 
Television Broadcast Station, FCC Form 337; Section 73.3598, Period of 
Construction.
    Form Number: FCC Form 337.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 160.
    Frequency of Response: On occasion reporting requirement; 
Recordkeeping requirement.
    Estimated Time Per Response: 0.25 to 3 hours.
    Total Annual Burden: 263 hours.
    Total Annual Costs: $37,000.
    Nature of Response: Required to obtain or retain benefits.
    Confidentiality: No need for confidentiality required.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On April 25, 2007, the Commission adopted a Notice 
of Proposed Rulemaking in the matter of the Third Periodic Review of 
the Commission's Rules and Policies Affecting the Conversion to Digital 
Television, MB Docket No. 07-91, FCC 07-70, to consider the procedures 
and rule changes necessary to complete the nation's transition to DTV, 
including how best to ensure that broadcasters complete construction of 
their facilities on their final, post-transition (digital) channel by 
the statutory deadline.
    The NPRM proposes that stations requesting an extension of time to 
construct DTV facilities with construction deadlines occurring prior to 
February 17, 2009, the station must use the Form 337 in accordance with 
47 CFR 73.624(d)(3). The NPRM proposes to revise Form 337 to 
accommodate these filings. Also, for stations with construction 
deadlines occurring on February 17, 2009 and later, the station must 
make a letter filing in accordance with 47 CFR 73.3598.
    In addition, the Commission is consolidating information collection 
OMB Control Number 3060-1001 (Application for Extension of Time to 
Construct a Digital Television Broadcast Station, FCC Form 337) into 
this collection OMB Control Number 3060-0407 (Section 73.3598, Period 
of Construction).

    OMB Control Number: 3060-0386.
    Title: Section 73.1635, Special Temporary Authorizations (STAs).
    Form Number: Not applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 2,350.
    Frequency of Response: On occasion reporting requirement.
    Estimated Time Per Response: 1 to 4 hours.
    Total Annual Burden: 2,800 hours.
    Total Annual Costs: $1,403,150.
    Nature of Response: Required to obtain or retain benefits.
    Confidentiality: No need for confidentiality required.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On April 25, 2007, the Commission adopted a Notice 
of Proposed Rulemaking, In the Matter of the Third Periodic Review of 
the Commission's Rules and Policies Affecting the Conversion to Digital 
Television, MB Docket No. 07-91, FCC 07-70, to consider the procedures 
and rule changes necessary to complete the nation's transition to DTV, 
including how best to ensure that broadcasters complete construction of 
their facilities on their final, post-transition (digital) channel by 
the statutory deadline.
    For purposes of the DTV transition, the NPRM proposes that stations 
may file requests for Special Temporary Authorities (STAs) to use 
analog translators to offset the loss of analog service when seeking to 
reduce or terminate analog service prior to the transition deadline 
(i.e., February 17, 2009); to temporarily remain on their in-core pre-
transition DTV channel after the DTV transition deadline (i.e., 
February 17, 2009), and to build less than full, authorized post-
transition facilities by the transition deadline (i.e., February 17, 
2009).

    OMB Control Number: 3060-0216.
    Title: Informal Requests to Discontinue Only One Service and 
Informal Requests to Flash Cut; Section 73.3538, Application To Make 
Changes in an Existing Station, Section 73.1690(e) Modification of 
Transmission Systems.
    Form Number: Not Applicable.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 700.
    Frequency of Response: On occasion reporting requirement; 
Recordkeeping requirement.
    Estimated Time Per Response: 0.50--3 hours.
    Total Annual Burden: 1,125 hours
    Total Annual Costs: None.
    Nature of Response: Required to obtain or retain benefits.
    Confidentiality: No need for confidentiality required.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On April 25, 2007, the Commission adopted a Notice 
of Proposed Rulemaking, In the Matter of the Third Periodic Review of 
the Commission's Rules and Policies Affecting the Conversion to Digital 
Television, MB Docket No. 07-91, FCC 07-70, to consider the procedures 
and rule changes necessary to complete the nation's transition to DTV, 
including how best to ensure that broadcasters complete construction of 
their facilities on their final, post-transition (digital) channel by 
the statutory deadline.
    The NPRM proposes to allow stations to request Commission approval 
to discontinue analog TV service prior to the end of the DTV 
transition. To obtain such approval from the Commission, the NPRM 
proposes to allow stations to make such requests by sending a letter to 
the Video Division of the Media Bureau and sending an e-mail to 
analog@fcc.gov in lieu of filing an application for construction permit 
(e.g., Form 301 or Form 340).
    The NPRM also considers whether to allow stations to request 
Commission approval to return their currently assigned, pre-transition-
only DTV channel (i.e., a DTV channel that is not their final, post-
transition channel) and flash cut at or before the transition deadline 
from their current analog channel to their final, post-transition 
channel.
    Section 73.1690(e) of the Commission's rules requires AM, FM and TV 
station licensees to prepare an informal statement or diagram 
describing any electrical and mechanical modification to authorized 
transmitting equipment that can be made without prior Commission 
approval provided that equipment performance measurements are made to 
ensure compliance with FCC rules. This informal statement or diagram 
must be retained at the transmitter site as long as the equipment is in 
use. This requirement is approved in OMB Control Number 3060-0374, but 
is being consolidated into this collection (3060-0216).
    Section 73.3538 requires broadcast stations to file an informal 
application to modify or discontinue the obstruction marking or 
lighting of an antenna supporting structure. The NPRM does

[[Page 37313]]

not affect this requirement. It has already been approved by OMB.
    OMB Control Number: 3060-XXXX.
    Title: Digital TV Transition Status Report.
    Form Number: FCC Form 387.
    Type of Review: New Collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 1,812.
    Frequency of Response: One-time reporting requirement.
    Estimated Time per Response: 2 hours.
    Total Annual Burden: 3,624 hours.
    Total Annual Costs: $1,268,400.
    Nature of Response: Required to obtain or retain benefits.
    Confidentiality: No need for confidentiality required.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On April 25, 2007, the Commission adopted a Notice 
of Proposed Rulemaking, In the Matter of the Third Periodic Review of 
the Commission's Rules and Policies Affecting the Conversion to Digital 
Television, MB Docket No. 07-91, FCC 07-70. This is a review of the 
transition of the nation's broadcast television system from analog to 
digital television. This NPRM, among other things, proposes to require 
all full-power television stations to file a form (FCC Form 387) with 
the Commission detailing their transition status on or before December 
1, 2007.
    OMB Control Number: 3060-XXXX.
    Title: Section 73.682(d), TV Transmission Standards.
    Form Number: Not applicable.
    Type of Review: New Collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 1,812.
    Frequency of Response: Weekly reporting requirement; Third party 
disclosure requirement.
    Estimated Time Per Response: 0.50 hours.
    Total Annual Burden: 47,112 hours.
    Total Annual Costs: None.
    Nature of Response: Required to obtain or retain benefits.
    Confidentiality: No need for confidentiality required.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: On April 25, 2007, the Commission adopted a Notice 
of Proposed Rulemaking, In the Matter of the Third Periodic Review of 
the Commission's Rules and Policies Affecting the Conversion to Digital 
Television, MB Docket No. 07-91, FCC 07-70. The NPRM proposes to update 
Section 73.682(d) of the Commission's rules, 47 CFR 73.682(d), to 
reflect revisions to the Advanced Television Systems Committee Inc's 
(ATSC) Program System Information Protocol (PSIP) standard. The revised 
ATSC PSIP standard requires broadcasters to populate the Event 
Information Tables (``EITs'') with accurate information about each 
event and to update the EIT if more accurate information becomes 
available. In other words, it requires broadcasters to provide detailed 
programming information when transmitting their broadcast signal. 
Currently, under version A/65-B, many broadcasters provide only general 
information in the EIT tables.

Summary of the NPRM of Proposed Rulemaking

I. Introduction

    1. Congress has mandated that after February 17, 2009, full-power 
broadcast stations must transmit only in digital signals, and may no 
longer transmit analog signals. With this Notice of Proposed Rule 
Making (``NPRM''), we begin our third periodic review of the transition 
of the nation's broadcast television system from analog to digital 
television (``DTV''). The Commission has conducted two prior periodic 
reviews: the first in MM Docket No. 00-39 and the second in MB Docket 
No. 03-15. We conduct these periodic reviews in order to assess the 
progress of the transition and make any necessary adjustments to the 
Commission's rules and policies to facilitate the introduction of DTV 
service and the recovery of spectrum at the end of the transition. 
Here, we consider how to ensure that broadcasters complete construction 
of their final, post-transition (digital) facilities by the statutory 
deadline.

II. Executive Summary

    2. In this Third DTV Periodic Review, we (1) provide a progress 
report on the transition; (2) describe the status and readiness of 
existing stations to complete the transition; (3) analyze and propose 
the procedures and rule changes necessary to complete the transition; 
and (4) address other issues related to the transition. Stations that 
have not completed construction of their post-transition channels must 
focus their full attention on the construction efforts necessary to 
move from analog to digital transmission no later than the February 17, 
2009 deadline established by Congress. Specifically, we propose the 
following actions to facilitate the transition for full-power 
television stations (We note that the statutory transition deadline 
applies only to full-power stations; see 47 U.S.C. 309(j)(14) and 
337(e). We will address the digital transition for low power television 
(``LPTV'') stations in a separate proceeding. The Commission previously 
determined that it has discretion under 47 U.S.C. 336(f)(4) to set the 
date by which analog operations of stations in the low power and 
translator service must cease. Accordingly, the Commission decided not 
to establish a fixed termination date for the low power digital 
television transition until it resolved the issues concerning the 
transition of full-power television stations):
     We tentatively conclude that February 17, 2009 will be the 
construction deadline for stations that are building digital facilities 
based on their new channel allotments in the new DTV Table of 
Allotments (``DTV Table'') and accompanying Appendix B (``new DTV Table 
Appendix B''), which will be established by an order in the 
Commission's DTV proceeding, MB Docket No. 87-268 (i.e., stations whose 
DTV channel for pre-transition operation is not their channel for post-
transition use). The Commission proposed channel assignments and 
reference facilities for stations' post-transition operations in a 2006 
Notice of Proposed Rule Making in MB Docket No. 87-268. See Advanced 
Television Systems and Their Impact upon the Existing Television 
Broadcast Service, MB Docket No. 87-268, Seventh Further Notice of 
Proposed Rule Making, 71 FR 66592-01 (Nov. 15, 2006) (``Seventh 
FNPRM''). The Seventh FNPRM sets forth a channel for each eligible 
broadcast TV station in the proposed new DTV Table. The details of each 
station's channel assignment, including technical facilities and 
predicted service and interference information, are set forth in the 
proposed new DTV Table. [Section V.C.1. and proposed rule 47 CFR 
73.624(d)(1)(v)]
     We propose that stations whose post-transition channel is 
the same as their pre-transition DTV channel, who are not facing unique 
technical challenges, and who are granted either an extension in the 
Construction Deadline Extension Order or a waiver in the Use-or-Lose 
Order must complete construction of their DTV facilities by the 
deadline established in those orders (i.e., six months from the release 
date of the orders). These stations have had their post-transition 
channel assignments for several years. [Section V.C.2.]
     We propose that February 17, 2009 will be the construction 
deadline for stations facing unique technical

[[Page 37314]]

challenges, such as those with side-mounted digital antennas or similar 
situations in which the operation of their analog service prevents the 
completion of their full, authorized digital facilities. [Section 
V.C.3.]
     We tentatively conclude that stations that have not 
completed construction of full, authorized facilities on their pre-
transition channel may be excused from completion of construction if 
this is not their post-transition channel. Our proposal applies to 
stations that have pending construction permits (``CPs''), that have 
requested CP extensions, that have been granted CP extensions, that 
have been granted waivers of the use-or-lose deadlines, and that have 
waivers for their checklist facility deadline. These stations will be 
permitted to carry-over protection to their full, authorized 
facilities. [Section V.C.1.]
     We propose to restrict the situations in which grants of 
an extension of time to construct digital facilities will be considered 
for construction deadlines prior to the end of the transition. In 
addition, beginning February 17, 2009, we propose to apply the existing 
``tolling'' standard applied to analog stations to requests for 
additional time to construct digital facilities and will toll the 
construction deadline only in limited and unavoidable circumstances. 
[Section V.C.4. and proposed rule 47 CFR 73.624(d)(3)]
     We propose to require all full-power television stations 
to file a form with the Commission detailing their current transition 
status, additional steps necessary in order to be prepared for digital-
only operation on February 17, 2009, and a timeline for making those 
steps. [Section V., paragraph 35]
     We consider whether and, if so, under what circumstances 
we should accept new requests by stations to return their pre-
transition-only DTV channel (i.e., a DTV channel that is not their 
final, post-transition channel) before the end of the transition and 
``flash cut'' from their analog channel to their post-transition 
channel. [Section V.B.]
     We examine the circumstances in which a station may be 
allowed to reduce or terminate its analog service to facilitate 
construction of its final, DTV facility on its post-transition channel. 
[Section V.A.]
     We propose to allow stations to operate on newly allotted 
post-transition facilities before the transition deadline provided they 
would not interfere with existing, pre-transition service. [Section 
V.C.5.]
     We request comment on additional proposals to provide 
stations with regulatory flexibility to facilitate stations' 
construction of their post-transition facilities by the statutory 
deadline. [Section V.C.6.]
     We propose to offer expedited processing to a station 
applying for a CP to build its post-transition channel, provided that 
its application (i) does not seek to expand the station's noise-limited 
service contour in any direction beyond that established by the new DTV 
Table Appendix B; (ii) specifies facilities that match or closely 
approximate those new DTV Table Appendix B facilities (i.e., if the 
station is unable to build precisely the facilities specified in the 
new DTV Table Appendix B, then it must apply for facilities that 
deviate no more than five percent from those new DTV Table Appendix B 
facilities with respect to predicted population); and (iii) is filed 
within 45 days of the effective date of Section 73.616 of the rules 
adopted in the Report and Order in this proceeding. We propose to 
revise FCC Forms 301 and 340 accordingly. [Section V.D.]
     We tentatively conclude that we will not accept 
applications to expand post-transition facilities until we have 
completed processing the applications to build authorized facilities, 
but we seek comment on ways to consider expansion applications sooner 
without delaying the transition. [Section V.E.]
     We tentatively conclude to adopt a new 0.5 percent 
interference standard to apply to maximizations and to new channel 
allotments after the transition. [Section V.F. and proposed rule 47 CFR 
73.616]
     We propose to update the Commission's rules to reflect any 
revisions to the ATSC standards concerning DTV transmission and PSIP 
since the adoption of the Second DTV Periodic Report and Order. 
[Sections V.G.1. and V.G.2. and proposed rule 47 CFR 73.882(d)]
     We seek comment on whether the Commission can and should 
revise Section 73.624(g) to require DTV stations that are permittees 
operating pursuant to a DTV STA or other FCC authorization for DTV 
transmission to file FCC Form 317 and pay fees on any revenue derived 
from feeable ancillary or supplementary services in the same way 
required of DTV licensees. [Section V.G.3.]
     We invite comment on whether further amendments are needed 
to the station identification rules and, in particular, whether the 
current rules provide for appropriate identification of multicast 
channels. [Section V.G.4.]
     We invite comment on whether coordination is needed 
between broadcasters and MVPDs to ensure a smooth transition, whether 
this coordination is underway, and what actions the Commission should 
take to assist broadcasters with their coordination efforts. [Section 
V.G.6.]

III. Background

    3. Congress specifically requires the Commission to evaluate the 
progress of the nation's transition to digital television. The first 
DTV periodic review began in March 2000 and the second in January 2003. 
In addition to these periodic reviews, the Commission has continued to 
conduct its DTV proceeding, through which it has developed new channel 
allotments and assignments. The Commission established the initial DTV 
Table of Allotments in 1997. See Advanced Television Systems and Their 
Impact Upon the Existing Television Broadcast Service, MM Docket No. 
87-268, Sixth Report and Order, 62 FR 26684-01 (May 14, 1997) (``Sixth 
Report and Order''). The details of each station's channel assignment 
under the initial DTV Table, including technical facilities and 
predicted service and interference information, were set forth in the 
initial Appendix B of the Sixth Report and Order. The initial Appendix 
B was amended in 1998. Simultaneous with the adoption of the Sixth 
Report and Order, the Commission announced DTV channel assignments for 
eligible licensees in the Fifth Report and Order, 62 FR 26966-02 (May 
16, 1997), in the same docket. The Commission recently issued a Seventh 
FNPRM in connection with the DTV proceeding.
    4. The Second Periodic Review of the Commission's Rules and 
Policies Affecting the Conversion to Digital Television, MB Docket No. 
03-15, Report and Order, 69 FR 59500 (October 4, 2004) (``Second DTV 
Periodic Report and Order'') established a three-round channel-election 
process through which eligible broadcast licensees and permittees 
(collectively, ``licensees'') selected their post-transition channels 
inside the core TV spectrum (i.e., channels 2-51). The Commission 
received 11 petitions for reconsideration of the Second DTV Periodic 
Report and Order, raising a number of issues, most of which have been 
rendered moot by the completion of the channel election process . At 
the start of this process, licensees proposed their post-transition 
facilities. (In November 2004, licensees filed certifications via FCC 
Form 381 in order to define their proposed post-transition facilities. 
In these certifications, licensees chose whether to (1) replicate their 
allotted facilities, (2) maximize to their currently authorized 
facilities, or (3) reduce to a

[[Page 37315]]

currently authorized smaller facility. Stations that did not submit 
certification forms by the deadline were evaluated based on replication 
facilities.) After each channel election round, the Commission 
announced proposed post-transition channels--called tentative channel 
designations (``TCDs'').
    5. The channel election process culminated in the adoption of the 
Seventh FNPRM, which proposed a new DTV Table. (Comments on the 
proposed new DTV Table were due January 25th and replies were due 
February 26th.) The proposed new DTV Table provides eligible stations 
with channels for post-transition operations inside the core TV 
spectrum. The DTV Table is based on the TCDs announced for stations, as 
well as the Commission's efforts to promote overall spectrum efficiency 
and ensure that broadcasters provide the best possible service to the 
public, including service to local communities. The proposed DTV Table 
will ultimately replace the current DTV Table. (The Seventh FNPRM 
proposes to codify the new DTV Table in 47 CFR 73.622(i). The current 
DTV Table, which is contained in 47 CFR 73.622(b), will become obsolete 
at the end of all authorized interim DTV operations. The current NTSC 
Table, which is contained in 47 CFR 73.606(b), will become obsolete at 
the end of the transition, when all full-power analog operations must 
cease.)
    6. In early 2006, Congress enacted significant statutory changes to 
the DTV transition in the Digital Television and Public Safety Act of 
2005 (``DTV Act''). (The DTV Act is Title III of the Deficit Reduction 
Act of 2005, Pub. L. No. 109-171, 120 Stat. 4 (2006) (``DRA''), and is 
codified at 47 U.S.C. 309(j)(14) and 337(e).) Most importantly, it set 
February 17, 2009, as the date certain for the end of the DTV 
transition, at which time all full-power television broadcast stations 
must cease their analog transmissions. (The DTV Act amends 47 U.S.C. 
309(j)(14)(A) to establish February 17, 2009 as a new hard deadline for 
the end of analog transmissions by full-power stations and directs the 
Commission to ``take such actions as are necessary (1) to terminate all 
licenses for full-power television stations in the analog television 
service, and to require the cessation of broadcasting by full-power 
stations in the analog television service, by February 18, 2009; and 
(2) to require by February 18, 2009, * * * all broadcasting by full-
power stations in the digital television service, occur only on 
channels between channels 2 and 36, inclusive, or 38 and 51, inclusive 
(between frequencies 54 and 698 megahertz, inclusive).'') The DTV Act 
does not provide for waivers or extensions of this deadline for 
cessation of analog broadcasts. (Previously, 47 U.S.C. 309(j)(14) 
provided an exception to the earlier December 31, 2006 transition 
deadline if the Commission determined that less than 85 percent of the 
television households in a licensee's market were capable of receiving 
the signals of DTV broadcast stations through various means (i.e., via 
over-the-air reception, cable or satellite, or digital-to-analog 
conversion technology). Congress eliminated the statutory provisions 
authorizing market-specific extensions of the DTV transition, including 
the 85 percent benchmark for DTV reception. This new hard deadline 
obviates the need for any further discussion of how to interpret and 
implement the former Section 309(j)(14)(B) of the Act, an issue 
previously deferred by the Second DTV Periodic Report and Order.) The 
DTV Act also requires broadcast licensees to cease operations outside 
the core spectrum after February 17, 2009 in order to make that 
spectrum available for public safety and commercial wireless uses. 
Full-power TV broadcast stations must be operating inside the core TV 
spectrum and only in digital upon the end of the transition on February 
17, 2009. (The DTV Act also created a coupon program to subsidize the 
purchase of digital-to-analog (``D-to-A'') converter boxes.)

IV. Progress Report

    7. The transition to DTV is a complex undertaking, affecting 
virtually every segment of the television industry and every American 
who watches television. The Commission has been facilitating the 
migration to DTV by adopting a standard for digital broadcasting, 
creating an initial DTV Table, awarding DTV licenses, establishing 
operating rules for the new service, monitoring the physical build-out 
of DTV broadcast stations, and helping to educate consumers about the 
transition. At the end of the transition, television broadcast 
operations will be limited to the core TV spectrum, enabling the 
recovery of a total of 108 MHz of spectrum (i.e., TV channels 52-69). 
(The core TV spectrum is comprised of low-VHF channels 2 to 4 (54-72 
MHz) and 5 to 6 (76-88 MHz), VHF channels 7 to 13 (174-216 MHz) and UHF 
channels 14-51 (470-698 MHz), but does not include TV channel 37 (608-
614 MHz), which is used for radio astronomy research.) Twenty-four 
megahertz of spectrum currently used for TV broadcast channels 63, 64, 
68, and 69 have been reallocated for critically important public safety 
needs. The remaining 84 MHz (currently TV broadcast channels 52-62 and 
65-67) have been or will be auctioned for new wireless services. 
(Channels 60-69 (746-806 MHz) were reallocated for public safety and 
wireless communications services in 1998. Channels 52-59 were 
reallocated for new wireless services in 2001.)

A. Status of DTV Operations

    8. In 1997, the Commission granted eligible licensees a paired 
channel for digital operations during the transition and set dates for 
construction and operation of broadcasters' facilities on their 
allotted DTV channels. Pursuant to the construction schedule set forth 
in Section 73.624(d) of the Commission's rules, affiliates of the top 
four networks in the top ten television markets were required to 
complete construction of their DTV facilities by May 1, 1999; top four 
network affiliates in markets 11-30 by November 1, 1999; all remaining 
commercial television stations by May 1, 2002; and all noncommercial 
educational (``NCE'') television stations by May 1, 2003.
    9. As of April 2, 2007, 1,702 television stations in all markets 
(representing approximately 98.8 percent of all stations) have been 
granted a DTV construction permit (``CP'') or license. A total of 1,603 
stations are now broadcasting a digital signal. Of these, 1,215 
stations are authorized with licensed facilities or program test 
authority and 388 stations are operating pursuant to special temporary 
authority (``STA'') or experimental DTV authority.
    10. In the top 30 television markets, all 119 top-four network-
affiliated television stations are on the air in digital, 110 with 
licensed DTV facilities or program test authority and nine with STAs. 
In markets 1-10, all 40 top-four network affiliated stations are 
providing digital service, 38 with licensed DTV facilities and two with 
STAs. In markets 11-30, all top-four 79 network affiliated stations are 
providing DTV service, 74 with licensed DTV facilities and five with 
STAs.
    11. Approximately 1,230 commercial television stations were due to 
commence digital broadcasts by May 1, 2002. As of April 2, 2007, 1,136 
of these stations (92.4 percent) are broadcasting a digital signal. In 
addition, approximately 373 NCE television stations were required to 
commence digital operations by May 1, 2003. As of April 2, 2007, 348 
(93.3 percent) of these stations are broadcasting a digital signal. 
(The commercial and NCE TV stations that have not commenced digital 
broadcasts were required to file a request for extension of additional

[[Page 37316]]

time to complete construction of their DTV facilities by the deadline 
established for them in 47 CFR 73.624(d)(1).)

B. Status of Consumer Capability to Receive DTV Signals

    12. In connection with the 2006 Competition Report, the Commission 
requested information about the number of households relying solely on 
over-the-air broadcast television for programming. (The Commission also 
sought information about the number of cable and satellite households 
that rely on over-the-air service on one or more of their television 
sets not connected to a multichannel video programming distributor 
(``MVPD'').) In comments filed to that proceeding, the National 
Association of Broadcasters (``NAB'') indicated that there are 
approximately 69 million television sets are not connected to any MVPD 
service. Specifically, NAB reported that nearly 19.6 million households 
rely solely on over-the-air broadcast television, and there are 
approximately 45.5 million sets in those homes. NAB states that ``in 
these 19.6 million over-the-air households, there are approximately 1.3 
million over-the-air digital sets.'' Thus, according to NAB, ``[t]here 
are roughly 18.7 million over-the-air households with only analog sets, 
and these households have about 44.2 million analog sets.'' NAB reports 
that an additional 23.5 million television sets in 14.7 million MVPD 
households remain unconnected to the MVPD service. NAB states that this 
2006 data showing large numbers of over-the-air television sets is 
consistent with two surveys conducted in 2005.
    13. The demand for DTV sets has grown with increased availability 
of DTV programming and receiving equipment and a steady drop in the 
price of such equipment. The Consumer Electronics Association (``CEA'') 
reports that the consumer electronics industry has invested $66.7 
billion in DTV products since 1998. Moreover, CEA reports more than $75 
billion in consumer investment in DTV products. According to CEA, 23.9 
million DTV sets and monitors were sold in 2006. CEA predicts that 29.2 
million DTV products will be sold in 2007, 33.4 million in 2008, 35.2 
million in 2009 and 36.4 million in 2010. CEA estimates that DTV sales 
will represent 69 percent of all TV sales in 2006. (CEA projects that 
DTV sales will represent 92 percent of all TV sales in 2007.)
    14. In order to promote the availability of reception equipment and 
protect consumers by ensuring that their television sets continue to 
work in the digital world just as they do today, the Commission 
established a DTV tuner mandate, which requires, as of March 1, 2007, 
that all television receiver equipment (e.g., TV sets (all sizes), 
VCRs, digital video recorders, and any other TV receiving devices) 
manufactured or shipped in interstate commerce or imported into the 
United States, for sale or resale to the public, must be capable of 
receiving the signals of DTV broadcast stations over-the-air. (In 2002, 
the Commission initiated the DTV tuner mandate, with a phase-in period 
based on screen size to minimize the cost impact on consumers. In 2005, 
the Commission accelerated the implementation of the DTV tuner mandate 
to become effective on March 1, 2007 and expanded the mandate to 
include television sets less than 13 inches.)
    15. In addition, subsidized digital-to-analog (``D-to-A'') 
converter boxes will be available to eligible consumers starting 
January 2008, further promoting access to digital reception equipment. 
(See Rules to Implement and Administer a Coupon Program for Digital-to-
Analog Converter Boxes, NTIA Docket No. 0612242667-7051-01, Final Rule, 
72 FR 12097 at paragraph 8 (``NTIA Coupon Program Final Rule''); 47 CFR 
301. Starting January 1, 2008, all U.S. households will be eligible to 
request up to two $40 coupons to be used toward the purchase of up to 
two, D-to-A converter boxes, while the initial $990 million allocated 
for the program is available; 47 CFR 301.3-4. If the initial funds are 
used up and the additional funds (up to $510 million) are authorized, 
eligibility for the coupons will be limited to over-the-air-only 
television households. Eligible consumers will have until March 31, 
2009 to make a request for these coupons.) This subsidy program, which 
was created by the DTV Act, will allow consumers with analog-only TV 
sets to receive over-the-air broadcast programming after the February 
17, 2009 transition date, when analog broadcasting ends. Without a D-
to-A converter box, consumers will not be able to view full-power TV 
broadcasts after the transition date unless they purchase DTV sets 
(television sets with a built-in digital tuner) or subscribe to a pay 
television service. Congress directed the National Telecommunications 
and Information Administration (``NTIA'') of the U.S. Department of 
Commerce to administer this subsidy program. (The DTV Act directs the 
Assistant Secretary for Communications and Information to ``implement 
and administer a program through which households in the United States 
may obtain coupons that can be applied toward the purchase of digital-
to-analog converter boxes.'' The purpose of the program is to enable 
consumers to continue receiving broadcast programming over the air 
using analog-only televisions not connected to cable or satellite 
service.) In March 2007, NTIA issued final rules to implement the 
program, which subsidizes the purchase of D-to-A converter boxes.

C. Status of Broadcasters' Transition

    16. Stations are responsible for meeting the statutory deadline for 
the DTV transition. The Commission has no discretion to waive or change 
this transition date. Full-power broadcast stations not ready to 
commence digital operations upon expiration of the deadline for the 
transition on February 17, 2009 must go dark and risk losing their 
authorizations to operate after the transition date. (A station failing 
to meet its construction deadline may be subject to license revocation 
procedures (47 U.S.C. 312), the issuance of forfeitures (47 U.S.C. 
503), or other remedial measures, such as admonishment. For example, we 
remind licensees that ``if a broadcasting station fails to transmit 
broadcast signals for any consecutive 12-month period, then the station 
license granted for the operation of that broadcast station expires at 
the end of that period, notwithstanding any provision, term, or 
condition of the license to the contrary;'' 47 U.S.C. 312(g). If 
discontinuing operations, stations must also be mindful of the 
Commission's rules.)
    17. We have proposed post-transition channel assignments for all 
eligible stations. (These post-transition channel assignments largely 
were based on the choices made by licensees during the channel-election 
process. Eligibility for a proposed post-transition channel assignment 
was limited to existing Commission licensees and permittees.) In the 
proposed new DTV Table, 1,812 stations received proposed post-
transition DTV channels. (This total includes 1,806 stations announced 
in Appendix A to the Seventh FNPRM and six additional stations 
announced in a subsequent Public Notice. Additional new permittees may 
also be announced before the transition deadline.) Of these, 1,178 
stations received the DTV channel on which they are currently 
authorized, 517 stations received the NTSC channel on which they are 
currently authorized, and 117 stations received a different channel 
from which they are currently authorized.

[[Page 37317]]

    18. The process of transitioning the entire TV broadcast industry 
to digital-only operation on each station's final channels will be 
complex. Accordingly, stations already should be planning their 
transition to digital-only service on their post-transition channel. 
Some stations may now be ready, or very close to ready, to make their 
transition. We have provided a list of 752 stations that we believe 
fall into this category and seek input from those stations regarding 
our assessment.
    19. Most stations, however, will need to take significant steps to 
accomplish their transition. Stations' situations will vary based on 
their final channel assignments in the new DTV Table and whether, and 
if so to what extent, they must change their transmission facilities to 
operate on their post-transition channels. As described below, stations 
may seek to change their antenna or tower locations. (A station that 
must change its DTV tower location may face a considerable challenge, 
especially if the station must construct a new tower. Such a station 
must consider whether there are any existing towers that can be used or 
if a new tower must be constructed. Because of the lead times involved 
in purchasing or leasing land with appropriate FAA clearances, local 
and state zoning requirements, and varying timelines for designing the 
new tower, ordering equipment, delivery of equipment, and construction-
related issues, such a station must begin planning as soon as possible 
in order to transition by the deadline. In some cases, building a new 
tower at this stage in the process may no longer be a viable option.) 
Stations may also need to change their effective radiated power (ERP), 
antenna height above average terrain (HAAT) or antenna pattern as set 
forth in the new DTV Table Appendix B, as adopted.
    20. Before discussing the issues that must be addressed to complete 
the transition, we first categorize the circumstances that stations are 
in to describe what stations in each group must accomplish. First, 
there are stations that will remain on their current DTV in-core 
channel. Second, there are stations that will return to their analog 
in-core channel. Third, there are stations that will move to a 
completely new in-core channel. In addition to these three general 
categories, stations without a paired channel (i.e., ``singleton 
stations'') that will ``flash cut'' from broadcasting on their analog 
channel to broadcasting on a digital channel raise unique issues that 
we will consider separately. (``Singletons'' or ``single-channel 
licensees'' refers to those licensees that do not have a second or 
``paired'' channel to convert to DTV. ``Flash-cut'' refers to the 
situation where a station gives up its pre-transition digital channel 
and transitions to digital service using its analog channel or a newly 
allotted channel.) We seek comment on these categories and 
circumstances in general and on the particular tentative conclusions, 
proposals and queries in the Issue Analysis (section V), below.
1. Category One: Stations Remaining on Their Current DTV In-Core 
Channel
    21. There are 1,178 stations remaining on their current DTV in-core 
channel for post-transition operations, based on the proposed new DTV 
Table. Most of these stations will have a relatively simple transition 
because they already have the authorizations necessary to operate at 
their proposed post-transition facilities as specified in the proposed 
new DTV Table Appendix B. In fact, many of these stations have already 
constructed and received licenses for their post-transition facilities, 
and so will simply turn off their analog service to complete their 
transition.
    22. Some stations in this category, however, may not have completed 
their authorized construction. This would include a station that has 
not built anything and has a CP or extension of its ``checklist'' 
deadline and a station that has constructed a reduced facility and is 
operating pursuant to Special Temporary Authority (``STA''). In 
addition to turning off their analog service, these stations may need 
to make changes to match their post-transition facilities as specified 
in the new DTV Table Appendix B. The difficulty faced by these stations 
will depend on the type of change and degree of change required to 
complete their authorized construction. (For example, stations in this 
category may need to adjust their transmitter power, their antenna 
design, their antenna location, or some combination thereof. We expect 
that relatively minor adjustments to operating power can be done 
easily, perhaps through the use of in-house engineers. Changes 
involving more significant power changes and/or changes to transmitting 
antennas may require more time and effort. For example, a number of 
stations currently have a top-mounted analog antenna and a side-mounted 
digital antenna, and to provide full digital service will need to re-
mount the digital antenna to the top of the tower. Also, if an entirely 
new transmission line and/or antenna must be installed, additional time 
will be needed to order the transmission line and antenna and have it 
delivered to the site.)
    23. Furthermore, some of these stations may have pending 
applications with unresolved international coordination issues. 
Licensees in this category with pending applications should consult 
with the Commission staff about the timing for action on their 
applications. In addition, they should coordinate with Commission staff 
regarding necessary modifications to their applications that will 
result in international approval. They may need to proceed with 
constructing authorized facilities to the extent approved by Canada or 
Mexico if the issues delaying action on their applications cannot be 
resolved in time to allow construction to be completed before the end 
of the transition. (These stations may be required to adjust their 
transmitter power, their antenna location, their antenna design, or 
some combination thereof.)
2. Category Two: Stations Returning to Their Analog In-Core Channel
    24. There are 517 stations that will return to their current analog 
in-core channel for post-transition operations, based on the proposed 
new DTV Table. (This group of stations includes some analog singletons 
and flash-cutters.) Stations in category two may face each of the 
category one challenges involving tower construction, antenna 
replacement or relocation, and transmitter replacement or power 
adjustments.
    25. In addition, these stations may need to determine whether they 
can use any of their analog or digital transmission equipment (e.g., 
transmitter, transmission line or waveguide, and antenna). If a station 
finds it has a transmitter that it could use, it will also need to 
determine whether that transmitter can provide the appropriate power 
level. It is our understanding that a station that is going to stay 
within a spectrum band (low-VHF, high-VHF or UHF) and change its 
frequency within 5 or 6 channels (36 MHz or less) will most likely 
require fewer technical changes than if the change of broadcast 
frequency is more than 6 channels. We expect that channel moves of 
fewer than 5 or 6 channels may require only minor modifications to the 
station's digital transmitter, whereas more significant changes may 
require major modifications or an entirely new transmitter. We seek 
comment on these assumptions.
    26. Stations that will return to their current analog channel also 
may need to determine whether their current analog

[[Page 37318]]

or DTV antenna can be used. Generally, the design, condition and 
channel of operation of their current antennas, as well as the 
stations' directional antenna characteristics established in the new 
DTV Table Appendix B, as adopted, must be considered when these 
stations evaluate the suitability of their antennas for post-transition 
DTV operation. The ability of these stations to use an existing digital 
antenna may depend upon how significant the change in channel numbers 
will be for these stations as they move from their current DTV channel 
back to their current analog in-core channel. It is our understanding 
that channel moves of more than 5 or 6 channels will likely require a 
new antenna and transmission line or new waveguide. We seek comment on 
these assumptions.
    27. These stations also must consider the impact on their analog TV 
service, which might be disrupted entirely or limited in reach to a 
smaller area during periods of work on the tower. For example, a 
temporary reduction in coverage might be due to reduced power analog TV 
operation at a backup site in order to facilitate construction on the 
main tower facility.
3. Category Three: Stations Moving to a Completely New In-Core Channel
    28. There are 117 stations that will move to a completely new in-
core channel for post-transition operations, based on the proposed new 
DTV Table. These stations face similar challenges to those returning to 
their analog (in-core) channel. In addition, these stations will need 
to coordinate with other stations to complete their move. For example, 
another station may occupy the relocating station's post-transition 
channel or it may occupy an adjacent channel (located in the same or a 
nearby area) to the relocating station's post-transition channel. Also, 
these stations may find that their tower site cannot support three 
antennas at once, as may be necessary to accommodate their current 
analog and DTV operations while preparing for broadcasting on their 
post-transition channel.
4. Singleton Stations
    29. There are 137 stations that do not have a paired channel (i.e., 
stations that do not have both an analog and a digital channel), based 
on the proposed new DTV Table. These stations are commonly referred to 
as ``singletons.'' These stations fit in one of the preceding three 
categories, but they may encounter different challenges and 
circumstances that deserve special consideration in this review. 
Specifically, for this discussion, ``singletons'' include (1) those 
stations described in footnote 101 of the Second DTV Periodic Report 
and Order as licensees that did not receive a second or ``paired'' 
channel to use during the transition to DTV; (2) those stations that 
had a paired DTV channel and that we authorized to discontinue 
providing analog TV service; (3) those paired-channel stations that 
gave up their interim DTV channel pursuant to ``flash cut'' approval; 
and (4) those paired-channel stations that we propose to allow to 
``flash cut.'' Singletons include DTV and analog TV stations, and can 
be unbuilt, operating at reduced facilities, or fully constructed and 
licensed. Analog TV singletons will be flash cutting from broadcasting 
on their analog channel to broadcasting on a digital channel. Flash-
cutting often will involve singletons ending their analog TV operation 
and beginning their DTV operation on their current analog channel, but 
in some cases will require that a station change to a new channel for 
post-transition operation. Singleton stations, like those with paired 
channels, are responsible to ensure that they have completed the 
construction of their digital facilities by the February 17, 2009 
deadline, except for stations whose initial CPs expire later. (Single-
channel stations receive a CP with a three-year construction period. 
Thus, new stations whose CPs were granted after February 2006 will have 
construction deadlines later than February 17, 2009.) After February 
17, 2009, stations that have not constructed analog facilities may only 
construct digital facilities on their post-transition channel.
    30. Singleton licensees and permittees should have a post-
transition channel in the proposed new DTV Table and proposed 
facilities specified in the proposed new DTV Table Appendix B, provided 
such permittee status is announced by Public Notice before the order 
establishing the new DTV Table is adopted. DTV singletons remaining on 
their current DTV channel for post-transition operations face the same 
challenges identified in category one above. These stations must 
complete authorized construction consistent with the new DTV Table 
Appendix B, as adopted. Stations that have done so and are operating 
and licensed need not take any further steps at this time. DTV 
singletons that have not completed construction must do so as discu