Digital Television Distributed Transmission System Technologies, 74047-74070 [E8-28855]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 73, Number 235 (Friday, December 5, 2008)]
[Rules and Regulations]
[Pages 74047-74070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28855]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 05-312; FCC 08-256]


Digital Television Distributed Transmission System Technologies

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission adopts rules for the use of 
distributed transmission system (``DTS'') technologies in the digital 
television (``DTV'') service. The rules adopted in this Report and 
Order will allow DTV station licensees and permittees to use DTS 
technologies where feasible in place of a single transmitter to provide 
service as authorized. We find that these rules will improve some DTV 
stations' ability to serve more of their viewers within their service 
areas. For example, we expect that DTS will be especially useful in 
mountainous areas where single transmitters have been unable to reach 
viewers in valleys or those blocked by elevated terrain. Furthermore, 
DTS may be a useful tool for stations to prevent some loss of service 
to existing analog viewers resulting from changes to the station's 
service area in the transition to digital service. These rules will 
apply to post-transition operations (i.e., operations after February 
17, 2009). DTS proposals related to pre-transition operations will 
continue to be evaluated under the Commission's interim policy.

DATES: Effective January 5, 2009, except Sec.  73.626(f) which contains 
information collection requirements that have not been approved by OMB. 
The Commission will publish a document in the Federal Register 
announcing when OMB approval for this information collection has been 
received and this rule will take effect.

FOR FURTHER INFORMATION CONTACT: For additional information on this 
proceeding, please contact Evan Baranoff, Evan.Baranoff@fcc.gov, of the 
Media Bureau, Policy Division, (202) 418-2120; or John Gabrysch, 
John.Gabrysch@fcc.gov, or Gordon Godfrey, Gordon.Godfrey@fcc.gov, of 
the Engineering Division, Media Bureau at (202) 418-7000. For 
additional information concerning the Paperwork Reduction Act 
information collection requirements contained in this document, contact 
Cathy Williams on (202) 418-2918, or via the Internet at PRA@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, FCC 08-256, adopted on November 3, 2008, and released on 
November 7, 2008. The full text of this document is available for 
public inspection and copying during regular business hours in the FCC 
Reference Center, Federal Communications Commission, 445 12th Street, 
SW., CY-A257, Washington, DC 20554. This document 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).

Final Paperwork Reduction Act (``PRA'') Analysis

    This Report and Order was analyzed with respect to the Paperwork 
Reduction Act of 1995 (``PRA'') and contains modified information 
collection requirements, including changes to FCC Forms 301 and 340 to 
accommodate applications for DTS systems. (The Paperwork Reduction Act 
of 1995 (``PRA''), Pub. L. 104-13, 109 Stat. 163 (1995) (codified in 
Chapter 35 of Title 44 U.S.C.).) The information collection 
requirements adopted in this Report and Order will be submitted to OMB 
for final review under Section 3507(d) of the PRA, and OMB and the 
public will be afforded an opportunity to file comments on the modified 
information collection requirements contained in this proceeding. (See 
44 U.S.C. 3507(d).) The Commission will publish a separate Federal 
Register notice seeking the PRA comments. In addition, pursuant to the 
Small Business Paperwork Relief Act of 2002 (``SBPRA''), the Commission 
sought specific comment in the DTS NPRM on how it might ``further 
reduce the information collection burden for small business concerns 
with fewer than 25

[[Page 74048]]

employees.'' (The Small Business Paperwork Relief Act of 2002 
(``SBPRA''), Pub. L. 107-198, 116 Stat. 729 (2002) (codified in Chapter 
35 of title 44 U.S.C.); see 44 U.S.C. 3506(c)(4).) We received no 
comment on this issue.

Summary of the Report and Order

I. Introduction

    1. In this Report and Order, we adopt rules for the use of 
distributed transmission system (``DTS'') technologies in the digital 
television (``DTV'') service. We find that DTS will provide 
broadcasters with an important tool for providing optimum signal 
coverage for their viewers. For some broadcasters that are changing 
channels or transmitting locations for their digital service, DTS may 
offer the best option for continuing to provide over-the-air service to 
current analog viewers, as well as for reaching viewers that have 
historically been unable to receive a good signal due to terrain or 
other interference. In the Second DTV Periodic Report and Order, 69 FR 
59500 (October 4, 2004), the Commission approved in principle the use 
of DTS technologies, but deferred to a separate proceeding the 
development of rules for DTS operation and the examination of several 
policy issues related to its use. In the Notice of Proposed Rulemaking 
in this docket, we examined the issues related to the use of DTS and 
proposed rules for future DTS operation. (See Digital Television 
Distributed Transmission System Technologies, MB Docket No. 05-312, 
Clarification Order and Notice of Proposed Rulemaking, 70 FR 72763 
(December 7, 2005) (``DTS Clarification Order and DTS NPRM''). The 
rules we adopt will apply to DTS proposals related to operations after 
the transition to DTV on February 17, 2009. (See Digital Television and 
Public Safety Act of 2005 (``DTV Act''), which is Title III of the 
Deficit Reduction Act of 2005, Pub. L. 109-171, 120 Stat. 4 (2006) 
(``DRA'') (codified at 47 U.S.C. 309(j)(14) and 337(e)).) DTS proposals 
related to pre-transition operations will continue to be evaluated 
under the interim policy approved in the Second DTV Periodic Report and 
Order and clarified in the DTS Clarification Order.
    2. We find that these rules will improve some DTV stations' ability 
to serve more of their viewers within their service areas. We expect 
that DTS will be especially useful in mountainous areas where single 
transmitters have been unable to reach viewers in valleys or those 
blocked by elevated terrain. Furthermore, DTS may be a useful tool for 
stations to prevent some loss of service to existing analog viewers 
resulting from changes to the station's service area in the transition 
to digital service.

II. Executive Summary

    3. In summary, we take the following actions to authorize and 
implement DTS service:
     We define a DTS service area as being comparable to that 
of a station's single transmitter facility, and, to implement this 
approach, we will determine a station's potential maximum authorized 
service area using the ``Table of Distances'' proposed in our DTS NPRM. 
(See Section IV.C., infra.)
     We adopt a waiver policy to permit a station to use DTS if 
doing so will enable it to continue to serve its existing analog 
viewers who would otherwise lose service as a result of its transition 
to digital service. (See Section IV.C., infra.)
     We require that DTS transmitters be located within either 
the DTV station's Table of Distances area or its authorized service 
area. (See Section IV.C., infra.)
     We adopt rules to prohibit stations from using DTS to 
``cherry-pick'' service. (See Section IV.C.3., infra.)
     We afford primary regulatory status to the multiple 
transmitters used in a DTS network within the areas that such DTS 
transmitters are authorized to serve. (See Section IV.B., infra.)
     We apply to DTS stations the part 73 licensing and 
technical rules that apply to DTV single-transmitter stations. (See 
Section IV.D.2., infra.)
     We will evaluate DTS proposals using the same interference 
standard adopted for DTV stations' post-transition operations in the 
Third DTV Periodic Report and Order. (See Section IV.D.3., infra.) We 
also adopt the root-sum-square (``RSS'') method of calculating 
interference from multiple DTS transmitters.
     We permit a licensee of multiple digital Class A TV, 
digital LPTV, and/or digital TV translator stations to operate through 
interconnected single-frequency DTS networks, but will continue to 
separately license each station in this interconnected single-channel 
network. (See Section IV.E., infra.)
     We approve on an experimental basis the use of DTS 
technologies by a single digital Class A TV, digital LPTV or digital TV 
translator station to provide service within its authorized service 
area. (See Section IV.E., infra.)

III. Background

A. DTS Technologies

    4. A DTV ``distributed transmission system'' (``DTS'') employs 
multiple synchronized transmitters spread around a station's service 
area, rather than the current single-transmitter approach. Each 
transmitter broadcasts the station's DTV signal on the same channel. 
Due to the synchronization of the transmitted signals, DTV receivers 
treat the multiple signals as reflections or ``ghosts'' and use 
``adaptive equalizer'' circuitry to cancel or combine them to produce a 
single signal. (DTS has also been referred to as DTT, for distributed 
transmission technologies and as DTx, for distributed transmitters.)
    5. Full-power analog TV and DTV stations provide service within an 
area that reaches up to 80 miles from their single transmitting site. 
Coverage distance depends on a station's authorized channel, power, 
antenna height and the characteristics of the surrounding terrain. Some 
stations have authorized facilities that only provide service to a 
distance of 30 to 40 miles. In situations where coverage is limited by 
terrain, such full-power stations sometimes use translators that re-
broadcast the station's signals on a different channel at relatively 
low power to provide service in a small area. Translator stations are 
authorized with secondary regulatory status. In addition, in a few 
cases, full-power analog TV stations have been able to use TV booster 
stations, which are like TV translator stations but use the same 
channel as the primary station. DTV distributed transmitters are 
similar to analog TV booster stations in some ways, but DTV 
technologies have the potential to enable much broader use of this type 
of operation.
    6. Potentially, DTS can provide service to areas that a single-
transmitter station would fail to reach due to natural or man-made 
obstructions that would block the signal coming from the single-
transmitter site. It can provide more uniform signal levels throughout 
a station's service area, making indoor reception more reliable. Also, 
multiple DTS transmitters generally operate at a lower power than a 
single transmitter to achieve the same coverage and thereby reduce the 
likelihood of causing interference to neighboring licensees. Use of DTS 
is also more spectrum efficient than use of translators because DTS 
uses the stations' already allotted frequency, whereas translators 
require one or more additional frequencies. In addition, establishing 
new DTV translators generally requires separate

[[Page 74049]]

applications for each translator to be filed during an open filing 
opportunity with a possible lengthy review process to determine and 
resolve mutually exclusive applications, while applications for DTS can 
be submitted by the station seeking to use the additional transmitters 
and evaluated as part of one application.
    7. In the Second DTV Periodic Report and Order, the Commission 
adopted an interim DTS operations policy (``interim policy''). The 
interim policy permits stations to use DTS within their currently 
authorized area (including its replication area as well as any 
maximization area resulting from facilities granted by a construction 
permit or license). For an interim DTS proposal to be approved, it must 
be designed to serve essentially all of the station's replication 
coverage area. In the DTS Clarification Order, the Commission clarified 
how the interim policy applies during the pendency of this proceeding. 
(Specifically, consistent with the requirement that stations using DTS 
must serve at least the population that is currently served with a 
single transmitter, DTS transmitters must be located within the DTV 
station's predicted noise-limited service contour (PNLC). The DTS 
Clarification Order also said that the Commission would consider on a 
case-by-case basis requests from stations to extend beyond the PNLC by 
a minimal distance, provided such extension is necessary to permit 
coverage of the area within the PNLC. At present, only one station has 
applied for and been authorized to operate a DTS system under the 
interim policy. (Reading Broadcasting, Inc. (``RBI''), licensee of 
WTVE-DT, channel 25, Reading, PA was granted a DTS STA on Nov. 30, 
2006.) In addition, the Commission has approved the use of a multiple 
DTV transmitter system using multiple channels under an experimental 
authorization. (On May 23, 2007, the Video Division of the Commission's 
Media Bureau issued a letter granting the Metropolitan Television 
Alliance (``MTVA'') experimental authority to operate a low-power DTV 
multiple-transmitter system in New York, NY. The MTA consists of the 
licensees of ten New York City area television stations (WCBS-TV, WNBC-
TV, WNYW-TV, WABC-TV, WWOR-TV, WPIX-TV, WNET-TV, WPXN-TV, WNJU-TV, and 
WXTV(TV)). These stations operated digital facilities from the North 
Tower of the World Trade Center, which was destroyed in the September 
11th attack. The experimental DTV network is testing the ability of 
these stations to provide fill-in over-the-air DTV coverage in areas of 
New York City where adequate coverage is not provided. In an ex parte 
in September 2008, presented the results of its field test study. In 
addition, two stations applied for and were authorized to operate a DTS 
system under an experimental authorization; however, such authority has 
now expired for these stations. The Pennsylvania State University, NCE 
licensee of WPSU-DT, channel 15, Clearfield, PA, which was the first to 
build an experimental DTS system, applied for this system before the 
interim DTS policy was established, but has since allowed authority for 
this system to expire. Tribune Broadcast Holdings, Inc., licensee of 
WTTK-DT, channel 54, Kokomo, IN, applied for an experimental DTS system 
because they could not meet the interim policy restrictions. The 
station, however, has now ceased operating its experimental DTS system 
and has withdrawn its experimental authority in order to focus on the 
construction of the station's post-transition facility. We also note 
that TV station WSTE, channel 7, Ponce, PR, which currently operates an 
integrated system of synchronous boosters to broadcast its analog 
signal throughout its coverage area, will be allowed to convert its 
current system to a digital network when it files its application for 
post-transition operations. (Siete Grande, licensee of WSTE, seeks to 
fully replicate the coverage of its analog booster system when it 
transitions to DTV. In the Seventh Report and Order in the DTV 
proceeding, the Commission revised WSTE's parameters in the post-
transition DTV Table Appendix B to enable the station to replicate its 
analog coverage. The Commission also instructed the Media Bureau to 
process, and grant as appropriate, the applications that will permit 
WSTE to continue serving its coverage area with its digital signal.

B. The DTV Transition

    8. In early 2006, after the release of the Commission's DTS 
Clarification Order and DTS NPRM, Congress enacted significant 
statutory changes relating to the DTV transition. Most importantly, the 
DTV Act established February 17, 2009 as the hard deadline for the end 
of the DTV transition and the end of analog transmissions by full power 
stations. The DTV Act also requires full-power television broadcast 
licensees to cease operations outside the core DTV spectrum (i.e., 
channels 2-51) after February 17, 2009 in order to make that spectrum 
available for new public safety and commercial wireless services. (See 
47 U.S.C. 337(e)(1).) Full-power TV broadcast stations must be 
operating inside the core TV spectrum and only in digital at the end of 
the transition. (We note that the statutory transition deadline applies 
only to full-power stations. See 47 U.S.C. 309(j)(14) and 337(e). 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. The Commission opted 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.
    9. On August 6, 2007, the Commission released the post-transition 
DTV Table of Allotments (``DTV Table''), providing eligible stations 
with channels for DTV operations after the DTV transition on February 
17, 2009. (The post-transition DTV Table is the result of informed 
decisions made by eligible licensees and permittees during the 
Commission's channel election process. The channel election process was 
established by the Commission in the 2004 Second DTV Periodic Report 
and Order.) On December 22, 2007, the Commission adopted a Report and 
Order in the Third DTV Periodic Review proceeding. In the Third DTV 
Periodic Report and Order, 72 FR 37310 (July 9, 2007), we established a 
number of procedures and rule changes designed to provide flexibility 
to broadcasters to ensure that they meet the statutory transition 
deadline and complete construction of their final, post-transition 
(DTV) facilities. Among other things, we set construction deadlines for 
full-power television stations to construct their full, authorized 
post-transition (DTV Table Appendix B) facilities and established the 
procedures and standards applicants must follow in filing applications 
for facilities specified in the final, post-transition DTV Table. On 
May 30, 2008, the Commission lifted the freeze on the filing of 
maximization applications, as well as on the filing of petitions for 
rulemaking to allow requests for channel substitutions to the DTV 
Table.

IV. Discussion

    10. In this Report and Order, we adopt rules for television 
broadcasting using a DTS network. (The rules adopted herein are revised 
from those proposed in the DTS NPRM to better effectuate the goals of 
this proceeding.) Specifically, we will permit DTV station licensees 
and permittees to use DTS technologies where feasible in place of a 
single transmitter to provide service as authorized. These rules will 
apply to stations' post-transition operations. We apply to DTS stations 
the part 73

[[Page 74050]]

licensing and technical rules that apply to DTV single-transmitter 
stations and will evaluate DTS proposals using the same interference 
standard adopted for DTV stations' post-transition operations in the 
Third DTV Periodic Report and Order. Stations wishing to apply to use 
DTS must wait until the Commission obtains approval from the Office of 
Management and Budget (``OMB'') for the revised forms and modified 
information collection requirements. The Media Bureau will announce by 
public notice when the Commission is ready to accept applications for 
DTS. Until the changes to the necessary forms are effective, we will 
continue to accept DTS proposals under our interim policy to be 
evaluated as a request for Special Temporary Authority (``STA''). (In 
addition, any DTS proposals related to pre-transition operations may be 
evaluated under the interim policy.)
    11. For example, we recognize that stations may wish to use DTS to 
ensure that their current analog viewers do not lose service after the 
station transitions to digital-only operation. A station that wishes to 
use DTS for this purpose need not wait for the final rules to take 
effect, but may apply under the interim policy and request a waiver of 
the limitations to an authorized service area, if necessary. Stations 
that receive an STA to use DTS under the interim policy must still 
apply to use DTS for their post-transition operations once our new 
rules and forms become effective.
    12. The Commission received 23 comments and 11 reply comments to 
the DTS NPRM. (See Appendix A--List of Commenters.) The DTS NPRM sought 
comment on the use of DTS technologies, as well as on the asserted 
benefits of such technologies, and proposed to permit DTV station 
licensees and permittees to use DTS technologies where feasible in 
place of a single transmitter to provide service as authorized.

A. Use and Benefits of DTS Technologies

    13. We adopt our proposal in the DTS NPRM to authorize DTV stations 
to use a network of DTS transmitters in lieu of a single-transmitter 
facility. The record generally supports our proposal to allow DTV 
stations to use DTS technologies and confirms the spectrum use 
efficiency and improved consumer service likely to result from the use 
of DTS. We disagree with the claims of New America Foundation and 
others (collectively ``NAF, et al.'') that areas within a DTV station's 
authorized service area that are now not reached because of terrain or 
other reason, constitute unreachable space that should be made 
available for other uses. (The Commission recently authorized the 
operation of new low power devices in the TV broadcast spectrum at 
locations where individual channels/frequencies are not being used for 
authorized services.) Because we decide herein to limit DTS service to 
the area that the DTV station is, or would be, authorized to serve with 
a single transmitter, we disagree that DTS would confer new spectrum 
rights to broadcasters. In addition, our rules for DTS operations 
address the concerns raised in the docket about potential abuse and 
cherry-picking. We note that stations using DTS should be aware that 
some of their viewers may need to adjust their antennas to receive the 
DTS signal from a direction that is different from the direction of the 
signal from the main antenna. (Moreover, in adjusting their antenna to 
acquire the DTS signal, such adjustment may cause loss of other 
broadcast signals, necessitating re-scanning of the channels on the 
viewer's DTV set or converter box.)
    14. DTS proponents tout a number of benefits, which mostly include 
those anticipated by the Commission:
    [squ] First, DTS will allow stations to reach viewers that would 
not otherwise be served by conventional means. This includes reaching 
rural and remote areas, as well as filling in gaps in coverage within a 
station's authorized service area caused by terrain blockage.
    [squ] Second, DTS techniques will distribute more uniform and 
higher-level signals throughout a DTV station's service area. This will 
offer improved service within stations' coverage areas, including near 
the edges where signals can be low using traditional means. We agree 
that this should increase viewership through improved reception without 
causing more interference to neighboring operations, as well as 
minimize the preclusive impact on existing and future surrounding 
stations. (We disagree with the NAF, et al. who question whether DTS 
would actually increase viewership.)
    [squ] Third, DTS will improve reception quality and reliability 
through operation of transmitters at lower power and height. It will 
improve reception of DTV signals on pedestrian and mobile devices, and 
enhance indoor reception, especially for suburban viewers. DTS may also 
allow manufacturers to create new types of reception devices.
    [squ] Fourth, DTS offers an alternative to stations whose single, 
taller tower proposals may have been stymied by tower height and 
placement limits associated with aeronautical safety or local zoning 
concerns, including aesthetic and safety concerns about taller towers. 
DTS may also minimize delays and expenses to build out because 
broadcasters can collocate on existing wireless towers.
    [squ] Fifth, a DTS network will enhance spectrum efficiency because 
such a network uses the same channel for all of its operations.
    [squ] Sixth, DTS may facilitate the DTV transition by delivering 
more reliable digital signals to viewers and by offering a less costly 
alternative to constructing a large single tower facility. DTS can also 
benefit stations moving their DTV operations to new channels where 
existing transmission equipment cannot be re-used. DTS operation offers 
broadcasters another means to achieve their build-out deadlines, 
thereby advancing the DTV transition. Broadcasters will be able to 
reach larger portions of their audiences by delivering signals to 
segments of the public who, absent DTS solutions, might not be able to 
receive a station's DTV signal over the air.
    [squ] Seventh, for the reasons already noted (e.g., improved 
service), DTS will enhance DTV broadcasters' ability to compete with 
cable and satellite service and offer an effective over-the-air 
alternative for many viewers. We disagree that this competitive benefit 
necessitates or warrants that we permit DTS stations to expand their 
over-the-air service throughout their entire Designated Market Areas 
(``DMAs''), as argued for by Paxson and others.
    [squ] Finally, we believe DTS may be a useful tool for stations to 
address the service loss situation that came to light during the 
Wilmington DTV early transition, where some analog viewers of station 
WECT, Wilmington, NC (channel 6), who lived beyond the station's 
digital service area, lost service when the station transitioned to 
digital-only operations. DTS may provide stations in this situation 
with the ability to continue to serve some of their analog viewers who 
would lose service as a result of the stations' transition. (We 
recognize that DTS will not solve every instance in which analog 
viewers lose service after the digital transition. For example, in some 
situations, use of DTS might interfere with another station's service 
and could not be permitted. Other solutions are available, including 
increasing the station's power, using translators, changing channels, 
and using another station's subchannel to provide service via 
multicasting.) We also believe that DTS may allow stations to improve 
service to viewers that are within a station's digital service contour 
and previously received a strong analog signal, but are now at the edge 
of the

[[Page 74051]]

digital service area and now receive a weaker signal.

B. Regulatory Status

    15. We adopt our proposal in the DTS NPRM to afford primary 
regulatory status to the multiple transmitters used in a DTS network 
within the areas that such DTS transmitters are authorized to serve. 
The record supports the grant of primary status to DTS transmitters 
located within a station's authorized service area. We adopt our 
tentative conclusion and find that primary status within a station's 
authorized service area is essential for stations to implement a 
successful DTS network and obtain the benefits offered by DTS 
techniques. We agree with MWG that, without primary treatment, stations 
would face protection issues and would be discouraged from using DTS. 
We conclude that, without primary status, stations would lose primary 
coverage to significant populations that now enjoy such via a single-
transmitter. As described below, we will consider waiver requests, on a 
case-by-case basis, to permit a station to use DTS to continue serving 
its existing analog viewers within its analog Grade B contour who would 
otherwise lose over-the-air service after the station terminates analog 
broadcasting. Where granted, these areas will also continue to have 
primary regulatory status, as they currently have for analog service.

C. Service Area and Location of Transmitters

    16. As explained in more detail below, we adopt a Comparable Area 
Approach, meaning that a DTS service area will be comparable to that of 
the station's single transmitter facility, and define a DTS station's 
potential (or hypothetical) maximum authorized service area using our 
proposed ``Table of Distances.'' CFR. The question of how best to 
define a DTS station's authorized service area garnered the most 
attention in the record, with commenters debating a variety of 
alternative approaches. Our discussion in this section focuses, first, 
on whether a DTS station's authorized service area should be comparable 
to that of the station's single transmitter facility (``Comparable Area 
Approach''), or if a DTS station should be authorized to significantly 
expand its service area beyond that now permitted by a single-
transmitter broadcaster under the rules (``Expanded Area Approach''). 
Next, we determine how best to implement the adopted approach. In 
implementing that approach, we must also address the concerns that a 
DTS station may use its DTS network to ``cherry-pick'' (i.e., favor 
certain populations over others), or otherwise operate in a way that 
would affect a station's obligation to serve its principal community of 
license. Finally, we discuss the placement of the multiple DTS 
transmitters.
1. Comparable Area Approach Adopted
    17. We adopt a Comparable Area Approach as proposed in the DTS 
NPRM. For this purpose, we will define a DTS station's maximum 
authorized service area to be comparable to that which the DTV station 
could be authorized to serve with a single transmitter. (Subject to 
their being able to meet other requirements regarding service and 
interference, DTS broadcasters may serve all areas within a station's 
authorized service area as defined in the new post-transition DTV 
Table. See 47 CFR 73.622(i). Similarly, a DTS broadcaster may also 
serve all areas within the station's maximized service area authorized. 
Stations applying to use DTS must have an authorized service area or 
establish an authorized service area prior to filing their DTS 
application.) A DTS broadcaster will be allowed to apply to provide 
service to a distance comparable to the hypothetically maximized 
service distance that could be reached by a single-transmitter station. 
(The hypothetically maximized service distance refers to stations' 
facilities equal to the maximum power and antenna height allowed by our 
rules, which limit how large stations' service areas can be. See 47 CFR 
73.622(f). It is hypothetical because it assumes approval of such 
maximized facilities. Stations, however, must still apply for 
facilities to serve such a maximized coverage area and obtain 
Commission approval. In addition, stations must obtain FAA or state or 
local government approval as may be necessary for such facilities. A 
station applying for DTS facilities would not be required to first 
apply for Commission approval of their hypothetical single-transmitter 
maximum facilities because, as discussed infra at paragraph 25, we have 
established a Table of Distances for this purpose.) The Commission's 
rules generally define a DTV station's service area as the station's 
predicted noise-limited service contour. (See 47 CFR 73.622(e): ``The 
service area of a DTV station is the geographic area within the 
station's noise-limited F(50,90) contour where its signal strength is 
predicted to exceed the noise-limited service level.'') DTV service 
areas are calculated using the parameters specified in the DTV Table or 
authorized by a DTV construction permit or license. (Stations should 
also consult OET Bulletin No. 69 for guidance in calculating a 
station's DTV service area using the Longley-Rice methodology.) 
Commenters were divided on the DTS service area issue, with some 
favoring a Comparable Area Approach and others advocating an Expanded 
Area Approach, such as the DMA Approach, which was tentatively rejected 
in the DTS NPRM. (Several commenters said that DTS stations should be 
allowed to apply for facilities to serve an area generally comparable 
to the area they could cover with a single transmitter. In addition, 
MSTV and Cox agree that stations should not be afforded dramatically 
expanded primary coverage rights, stating that a DTS service area 
should be defined to ``preclude expanded primary coverage rights except 
into traditionally underserved rural areas.'' We further note that the 
NAF, et al., while generally opposing DTS, particularly oppose any 
expansion beyond a station's traditional authorized service area in 
that such use may impact the availability and use of TV white space.) 
(Other commenters advocate for an approach tentatively rejected in the 
DTS NPRM, but advanced by the Coalition, to permit primary DTS use 
within a station's entire DMA, subject only to interference and minimum 
service requirements (``DMA Approach''). Alternatively, these 
commenters seek to afford secondary status to DTS use outside a 
station's authorized service area but within a station's DMA (``DMA 
Secondary Service Approach'').)
    18. We select the Comparable Area Approach over an Expanded Area 
Approach for several reasons. First, this approach offers consistent 
treatment to both single-transmitter and DTS stations and best balances 
the primary coverage rights between stations choosing to employ DTS and 
those choosing not to do so. An Expanded Area Approach is not necessary 
to implement DTS service or obtain its core benefits. Second, we find 
that this approach best protects the principles of localism by 
restricting a station's focus to its traditional coverage area. (MSTV 
warned that ``arbitrary service expansion'' may ``undermine principles 
of localism.'') Third, we find that a Comparable Area Approach is more 
consistent with our TV channel allotment and licensing policies 
applicable to single-transmitter stations. Fourth, we find that this 
approach, unlike an Expanded Area Approach, would preserve 
opportunities for new stations, including low-power stations. (Alliance 
stated that DTS must not undermine the contributions of boosters, 
translators and low-power stations.) Finally, while a promising

[[Page 74052]]

technology, DTS is still new and we hesitate at this time to 
dramatically redefine the broadcast television service based on that 
technology. We thus find that DTS stations should not be afforded 
dramatically expanded primary coverage rights.
    19. We also note that stations using single-transmitter or DTS 
operation can expand their reach through TV translators or low power 
television (``LPTV'') operations, albeit on a secondary basis. In this 
regard, we disagree with the NAF, et al. that argue that TV operations 
should be restricted to provide more vacant channels for the operation 
of unlicensed devices. The TV services for which this spectrum is 
allocated on primary and secondary bases are important media for the 
provision of news, information, and entertainment that warrant priority 
over those unlicensed broadband devices.
    20. The primary Expanded Area Approach advanced by commenters is 
the DMA Approach, advanced by the Coalition, which would allow DTS 
broadcasters to expand their service to cover an entire DMA, limited 
only by the requirement that they do not cause unacceptable 
interference to another licensee. The Commission, however, tentatively 
rejected this DMA Approach in the DTS NPRM and we remain troubled by 
the implications of allowing significantly greater coverage for DTS 
than the coverage that can be achieved by a traditional single-
transmitter station. We find that it is not appropriate at this time to 
expand significantly the coverage rights of some stations by allowing 
DTS operation on a primary basis beyond a station's authorized 
maximized area and bounded only by the DMA to which it is assigned by 
the Nielsen Media Research (Nielsen). (Nielsen assigns DMAs based on 
measured viewing patterns and these assignments occasionally change.) 
As explained in the DTS NPRM, many DMAs cover extensive areas and the 
DMA Approach could allow some stations to provide service into 
communities 100 or more miles away from their community of license. We 
agree with MSTV and others that DTS must not be used to undermine 
localism and that a DTS service area should not shift a station's 
primary focus from its community of license. (MSTV expressed concern 
about the impact of ``service shifts and expansions within a station's 
own DMA'' on local viewers. MSTV would, however, allow expanded service 
only into ``traditionally underserved rural areas in which populations 
have historically been insufficient to sustain viable, full-service 
over-the-air station.'') We find that DTS technology's core purpose 
should be to improve service to a DTV station's local community, both 
in increasing reception reliability to existing viewers and reaching 
local viewers now blocked because of terrain and other like 
impediments. A Comparable Area Approach achieves that purpose, while 
the DMA Approach may distract stations from this important policy goal.
    21. At the crux of the DMA Approach is the proposition that a DMA 
is a broadcaster's ``natural market.'' Although concerned about the 
impact on localism, MSTV joins in this general assertion that ``the DMA 
approach is a more accurate reflection of a station's market.'' MSTV, 
however, says that the Commission must ``ensure that a station 
generally cannot expand service to areas within its DMA that are 
nevertheless far outside the station's existing service area.'' 
Proponents of the DMA Approach argue that a Comparable Area Approach 
imposes an artificial limit on the full application and benefits of DTS 
technologies because DTS broadcasters are no longer constrained by the 
reach of a single-transmitter. (The Coalition and others argue that our 
concerns about localism are ``misplaced'' because the Commission's 
rules now require stations to serve their community of license and 
stations are now carried via cable and satellite throughout their DMA. 
(Paxson also notes that the Commission licenses new wireless services 
via geographically-based areas.) They also argue that an Expanded Area 
Approach would better enable over-the-air DTV service to compete with 
cable and satellite service.
    22. Broadcasters, however, are licensed to local communities, not 
DMAs, and for good reason. This ensures that broadcasters are 
responsive to the unique interests and needs of the individual 
communities to which they are licensed. (The Commission has a long-
standing policy to foster broadcast ``localism,'' which it has defined 
as the airing of ``programming that is responsive to the needs and 
interests of their communities of license.'') Section 307(b) of the 
Communications Act explicitly requires the Commission to ``make such 
distribution of licenses, frequencies, hours of operation, and of power 
among the several States and communities as to provide a fair, 
efficient, and equitable distribution of radio service to each of the 
same.'' (See 47 U.S.C. 307(b): ``In considering applications for 
licenses, and modifications and renewals thereof, when and insofar as 
there is demand for the same, the Commission shall make such 
distribution of licenses, frequencies, hours of operation, and of power 
among the several States and communities as to provide a fair, 
efficient, and equitable distribution of radio service to each of the 
same.'') Pursuant to this mandate, when the Commission allocates 
channels for a new broadcast service, its first priority is to provide 
general service to an area, but its next priority is for facilities to 
provide the first local service to a community. In carrying out the 
mandate of Section 307(b), the Commission has long recognized that 
``every community of appreciable size has a presumptive need for its 
own transmission service.'' Indeed, the Supreme Court has stated that 
``[f]airness to communities [in distributing radio service] is 
furthered by a recognition of local needs for a community radio 
mouthpiece.'' Moreover, we find that it would be inappropriate to 
redefine the broadcast television service in this proceeding, which 
pertains only to DTS. Adopting an expanded service area only for DTS 
broadcasters would disfavor stations that choose to continue using a 
single-transmitter.
    23. It is certainly true that the Commission has several important 
rules in place designed to protect localism. (The Commission has a 
number of rules to ensure that a broadcaster is responsive to the 
unique interests and needs of individual communities. For example, the 
Commission's main studio rule requires that a station maintain its main 
studio in or near its community of license to facilitate interaction 
between the station and the members of the local community it is 
licensed to serve. In addition, the main studio also must house a 
public inspection file, the contents of which must include ``a list of 
programs that have provided the station's most significant treatment of 
community issues during the preceding three month period.'' The purpose 
of this requirement is to provide both the public and the Commission 
with information needed to monitor a licensee's performance in meeting 
its public interest obligation of providing programming that is 
responsive to its community.) We agree with commenters, for example, 
that our principal community coverage requirement plays an important 
part in protecting localism. (The principal community coverage rule 
requires a DTV broadcast station to provide a specified signal contour 
over its community of license to ensure that local residents receive 
service. See 47 CFR 73.625.) Moreover, as noted by the Coalition, a 
broadcaster's service to its local community will be evaluated

[[Page 74053]]

when seeking renewal of its license. (See 47 U.S.C. 307(b). When a 
broadcast station seeks to renew or transfer its license, it must give 
public notice to its community to ensure that members of the community 
have an opportunity to file a petition to deny if they object to the 
station's application for renewal or transfer of license. 47 CFR 
73.3580.) These rules, which will continue to apply to DTS stations as 
they do single-transmitter stations, work within the existing licensing 
framework to protect localism and highlight the importance of 
maintaining a station's focus on its community of license.
    24. We adopt our tentative conclusion in the DTS NPRM that an 
Expanded Area Approach, particularly throughout a geographically large 
DMA, would subvert our current licensing rules by allowing a station to 
obtain the rights to serve a new community where a new station, 
including a low-power station, might otherwise be licensed. 
(Disallowing such expansion is consistent with the statutory 
requirement to award new licenses through competitive bidding 
(auctions), as appropriate. See 47 U.S.C. 309(j).) We reject the 
argument of the Coalition and others that a DMA Approach would not 
preclude new stations ``because DTS expansion will occur on a station's 
already occupied channel.'' (Coalition claimed that ``in almost all 
circumstances, a maximized, single-transmitter DTV facility will 
already have prevented new co-channel service because of the 
destructive level of interference that it would be predicted to cause 
to any service from a new full-power, LPTV, translator or Class A 
station co-channel operation.'') New stations, particularly in a 
geographically large DMA, may be permitted to use the same channel and 
such expansion may also affect adjacent channel operations. (For 
example, Denver DMA includes areas of northern Wyoming.) We, thus, 
reject the DMA Approach and will not allow a DTS station to offer 
service beyond that station's authorized service area for its single-
transmitter facility.
    25. Furthermore, we will not give stations a blanket authorization 
to offer DTS service on a secondary basis throughout a station's DMA 
for the same reasons that we rejected the primary DMA Approach. (We 
will, however, in some circumstances, permit incidental secondary 
service that results from the necessary placement of transmitters near 
the edge of a station's service area.) Many broadcast commenters 
advocated, as an alternative to primary service throughout a DMA, that 
we permit DTS broadcasters to serve an entire DMA on a secondary basis 
(``Secondary Service DMA Approach''). We seek to afford consistent 
treatment to both single-transmitter and DTS stations and find that 
special treatment is not necessary to implement DTS service. Permitting 
DTS service throughout a station's DMA, even on a secondary basis, 
threatens localism by distracting a station's focus from its community 
of license. Moreover, a Secondary Service DMA Approach might still 
preclude opportunities for new low-power stations. Finally, at this 
time, we do not seek to dramatically redefine the broadcast television 
service. We note, however, that DTV broadcasters may achieve the same 
goals sought by a secondary DTS service through the use of digital on-
channel translator/LPTV stations under part 74 of the rules. (CFRWe 
note that our existing rules do not preclude the use of on-channel 
digital translators.)
2. Table of Distances Approach Adopted
    26. We adopt the proposed ``Table of Distances'' Approach to define 
the limits of a DTS station's comparable service area. This Table 
defines each full-power DTV station's hypothetically maximized service 
area or, in other words, the maximum service area that can be obtained 
by DTV stations under our rules. (The Table is based on the maximum 
height and power that a single-transmitter station would be allowed to 
apply for. See 47 CFR 73.622(f).) The Table, which is based on a set of 
distances from stations' reference points that reflect DTV stations' 
potential maximized facilities, will be used by DTV stations when 
applying to maximize facilities using a DTS network. We agree with MWG 
that this Table approach will define for DTS stations a comparable 
service area to single-transmitter stations in a simple and 
straightforward manner. Instead of individually calculating the 
theoretically maximized DTV service contours of each DTS station, the 
Table of Distances will simplify determinations of allowable coverage 
areas under our rules and will ensure consistent treatment of 
similarly-situated stations. For the majority of DTV stations, the 
results under the Table approach will be the same as a station-by-
station approach; however, the Table approach also accounts for cases 
of terrain blockage and will allow coverage to continue both for 
existing viewers and also for the portion of the authorized area that 
was previously blocked by terrain. (For this reason, we apply 47 CFR 
73.622(e)(1) to DTS stations, but not 47 CFR 73.622(e)(2).CFR) We find 
unpersuasive MSTV's concern that the Table approach may allow DTS 
broadcasters to extend service into adjacent DMAs, as our rules would 
now allow such extension by single-transmitter stations. CFR
    27. Specifically, we adopt the following Table of Distances. CFRAs 
explained below, the distances represent circles within which DTS 
station coverage contours must be contained. In the vast majority of 
cases, the appropriate circle will equal or exceed a station's 
currently authorized coverage contour, including the contour within 
which the station will provide service at the end of the transition. 
The rule will provide for those exceptional situations in which this is 
not the case. (CFRThis situation will occur where a station's 
authorized single-transmitter antenna height above average terrain 
(``HAAT'') exceeds the standard maximum HAAT (Section 73.622(f) of our 
rules specifies an HAAT associated with the maximum allowed power, and 
any increase in HAAT above that height requires a corresponding 
decrease in the allowed maximum power) and where the average terrain 
elevation in different directions from the station's transmitter site 
are significantly different from each other.)

----------------------------------------------------------------------------------------------------------------
                                                          F(50,90) field
             Channel                      Zone               strength           Distance from reference point
----------------------------------------------------------------------------------------------------------------
2-6.............................  1..................  28 dBu.............  108 km. (67 mi.).
2-6.............................  2 and 3............  28 dBu.............  128 km. (80 mi.).
7-13............................  1..................  36 dBu.............  101 km. (63 mi.).
7-13............................  2 and 3............  36 dBu.............  123 km. (77 mi.).
14-51...........................  1, 2 and 3.........  41 dBu.............  103 km. (64 mi.).
----------------------------------------------------------------------------------------------------------------


[[Page 74054]]

    28. Waiver policy. We adopt a waiver policy to enable stations to 
address the type of loss experienced by WECT, Wilmington, NC (channel 
6), where many analog viewers of that station lost service when the 
station transitioned to digital-only operations. Notwithstanding our 
Table of Distances, on a case-by-case basis, we will permit a station 
to use DTS if doing so will enable it to continue to serve its existing 
analog viewers within its analog Grade B contour who would otherwise 
lose service as a result of its transition. (We will allow stations to 
apply for a waiver to use DTS to serve their former analog viewers even 
if there is another affiliate of the same network that will serve them, 
provided such service would not cause impermissible interference to 
another station. In acting on waiver requests, we may consider, among 
other things, the extent to which the area is currently served by other 
affiliates of the same network.) Moreover, we will consider a station's 
DTS proposal to serve lost analog viewers of another station affiliated 
with the same network, provided the station is geographically close to 
the affected area and use of DTS would not cause impermissible 
interference to another station. Because the purpose of this waiver 
policy is to maintain service to existing viewers after the digital 
transition, we will limit the use of DTS under this waiver policy to 
stations that apply by August 18, 2009 to provide such service and 
commit to build the DTS facility as quickly as possible. (We believe 
that providing the flexibility to apply within six months after the 
transition date will allow stations to deal with unforeseen 
circumstances that come to light when they make their transition.) We 
urge stations to determine now if they anticipate such a loss of 
service to current analog viewers and to apply as soon as possible to 
obtain an STA for DTS operation under the interim policy so that they 
can continue to provide uninterrupted service to the current analog 
viewers within their analog Grade B contour after they terminate their 
analog service. We delegate authority to the Media Bureau to consider 
waiver requests, which must be made in accordance with existing 
Commission rules. CFR After the new DTS rules and forms take effect, 
stations must apply to modify their facilities in order to obtain 
licensed authority to operate using DTS.
    29. Reference point. The reference point is one of the parameters 
used to calculate the area described by the Table of Distances. We will 
determine each DTS station's reference point using the allotment 
established in the Commission Order that created or made final 
modifications to the post-transition DTV Table, 47 CFR 73.622(i), and 
the corresponding facilities for the station's channel assignment as 
set forth in that Commission order. CFRCFR In the DTS NPRM, the 
Commission proposed use of a station's reference point in its 
certification (FCC Form 381) filed in connection with DTV channel 
election process; however, we find that the new post-transition DTV 
Table now provides a more relevant reference point. (In November 2004, 
licensees filed certifications via FCC Form 381 in order to define 
their proposed post-transition facilities. In these certifications, 
licensees chose whether to (1) replicate their allotted facilities, (2) 
maximize to their currently authorized facilities, or (3) reduce to a 
currently authorized smaller facility. Stations that did not submit 
certification forms by the deadline were evaluated based on replication 
facilities. The post-transition DTV Table is based on the results of 
the Commission's channel election process. The Commission attempted to 
accommodate broadcasters' channel preferences as well as their 
replication and maximization service area certifications (made via FCC 
Form 381).) Generally, a station would use its current reference point 
based on its Appendix B facility or the Order granting it a new 
channel, as appropriate. CFRUpon the appropriate public interest 
showing, a station may request a change to its reference point, just as 
stations have done historically, provided certain criteria are met. 
Such changes in reference points are subject to a station showing that 
the resulting service area circle fully encompasses the station's 
authorized service area. We decline to adopt the MWG additional 
proposal of allowing changes to reference points based on whether a DTV 
City Grade signal could be delivered over the principal community from 
a hypothetical maximized facility located at the proposed reference 
point, since this criteria could allow stations to move the center of 
their coverage area to nearly 90 km from the principal community. (The 
48 dBu DTV city grade contour extends approximately 90 km from the 
transmitter site for channels 14-51, assuming a fully maximized station 
with 1000kW ERP at 365m HAAT.)
    30. Uniform terrain. In parts of the country where the terrain is 
uniform, the Table of Distances illustrates the area that a station 
could serve if it operated a single-transmitter facility at the maximum 
effective radiated power (``ERP'') and antenna height above average 
terrain (``antenna HAAT'') allowed by our rules. (See 47 CFR 
73.622(f).) Reliance on this Table will facilitate licensees' use of 
DTS by eliminating the need for a two-step process: First, calculating 
the antenna height necessary to match the maximum allowed average 
antenna height and power for a single transmitter and, then, 
calculating the distances to the service contour in every direction 
based on the antenna HAAT in that direction. In most cases, the Table 
will match the potential maximized facilities of single-transmitter 
stations because most stations are not in areas where variations in the 
terrain result in significant variations in the coverage.
    31. Irregular terrain. We also will use the Table of Distances in 
areas in which irregular terrain is an issue. (Coverage contours of 
stations using non-directional transmitting antennas will be circular 
except where the surrounding terrain has a different average height in 
different directions. For example, if the average terrain to the North 
is 500 feet above mean sea level and the average terrain to the South 
is 1000 feet above mean sea level, the coverage contour will extend 
further to the north than it does to the south.) In such locations, 
single-transmitter stations' maximum service areas are distorted from a 
circular coverage contour to varying degrees. Where coverage does not 
reach as far due to terrain in one direction, a station would have a 
correspondingly larger coverage distance in other directions. In these 
cases, stations' single-transmitters may be authorized to serve people 
outside of the circular coverage contour because the average terrain 
calculation has allowed the station to be authorized for a larger 
coverage contour in one direction (one that would not have been reached 
if there was no terrain issue). In these circumstances, we will permit 
stations to provide DTV service within their authorized coverage area.
    32. Location of DTS Transmitters. We require that each DTS 
transmitter be located within either the DTV station's Table of 
Distances area or the station's authorized service area (i.e., 
predicted noise-limited service contour (``PNLC''). CFR We disagree 
with MWG and the Coalition that there may be situations where placement 
of a DTS transmitter outside of a station's authorized service area may 
be necessary to provide meaningful service to the communities that are 
near the edge of the station's PNLC. We find that transmitters placed 
inside, but near the edge of, a station's authorized service area can 
adequately serve the communities in that area.

[[Page 74055]]

    33. DTS Coverage. We require that each DTS transmitter's coverage 
must be contained within either the DTV station's Table of Distances 
area or its authorized service area, except where such extension of 
coverage beyond the station's authorized service area is of a minimal 
amount and necessary for the station to provide coverage to its entire 
authorized service area. (CFR Stations may not extend coverage beyond 
their authorized service area, unless it is necessary to serve their 
entire authorized service area. Stations are not required to cover 
their entire Table of Distances area.) The coverage for each DTS 
transmitter is determined based on the F(50,90) field strength given in 
the Table of Distances, calculated in accordance with Section 
73.625(b). The combined coverage of a DTS station is the logical union 
of the coverage of all DTS transmitters.CFR We recognize, and agree 
with commenters, that in circumstances where transmitters are placed 
inside but near the edge of a station's authorized service area, it may 
be technically difficult to ensure that signals from that transmitter 
will not carry beyond the station's authorized service area. For most 
stations, our decision to use the Table of Distances based on maximum 
facilities will allow them flexibility to cover their entire authorized 
service area with DTS service. For those situations in which a 
station's authorized service area extends beyond its Table of Distances 
coverage, we will consider, on a case-by-case basis, requests to locate 
a DTS transmitter inside, but near the edge of, the station's 
authorized service area with facilities that may result in signal 
transmissions beyond that area by a minimal distance. (CFRThis rule 
represents an exception to the prohibition of secondary DTS service 
beyond a station's authorized service area. We recognize that such 
service may also be necessary for stations to serve an area within the 
current analog Grade B that is not within the station's digital service 
contour, as permitted by the waiver process discussed infra paragraph 
28.) Such placement must be shown to be necessary to adequately serve 
the population inside of a station's authorized service area. In 
addition, DTS transmitters will be limited to power levels such that 
any individual DTS transmitter's coverage would only exceed the 
station's authorized service area by a minimal amount. We note that the 
Commission has considered such a request under the interim DTS policy. 
We will not protect DTS service from another DTV station's interference 
beyond the station's authorized service area and DTS signals beyond the 
authorized service area must protect other authorized DTV facilities. 
We delegate authority to the Media Bureau to consider these requests.
    34. Digital On-Channel Translator. Alternatively, as previously 
noted, stations seeking to serve the communities near the edge of their 
PNLC may apply for a digital on-channel translator/LPTV station. 
Authority for operation of digital on-channel translator/LPTV station 
was established in the Digital LPTV Report and Order, in which the 
Commission permitted digital LPTV and TV translator stations to 
retransmit programming directly received on the same TV channel with 
the consent of the licensee of the original input signal. Digital on-
channel translator/LPTV stations must be separately licensed (on a 
secondary basis) under part 74 of the rules. The on-channel translator/
LPTV station is technically equivalent to an on-channel booster. (To 
the extent that a station demonstrates a need to use a non-
synchronized, on-channel digital booster to serve terrain-shadowed 
portions of their service areas (much in the same manner as analog 
boosters are used), we will permit stations on a case-by-case basis to 
request STA to use an on-channel digital booster. Consideration of 
authorizing a digital booster service may be more appropriately 
addressed in the Digital LPTV docket.) However, unlike a booster, the 
protected signal contour of an on-channel translator/LPTV station is 
not confined to the protected contour of the associated TV broadcast 
station. Applications for new on-channel translator/LPTV stations must 
be filed in the same manner as other applications for new TV translator 
or LPTV stations. The proposed facilities of these stations are subject 
to the interference standards, criteria and procedures applicable to 
other LPTV and translator applications.
    35. ``Largest Station'' Alternative. As an alternative to the Table 
of Distances Approach for determining the hypothetically maximized 
service area, full-power stations may use the ``largest station'' 
provision in Section 73.622(f)(5) of the rules. (47 CFR 73.622(f)(5) 
provides that licensees assigned a DTV channel in the initial DTV Table 
of Allotments may request an increase in either effective radiated 
power (``ERP'') in some direction or antenna height above average 
terrain (``antenna HAAT'') that exceeds the initial technical 
facilities authorized for the allotment. 47 CFR 73.622(f)(5). Such 
increases are limited to maximum powers specified in paragraphs (f)(6) 
through (f)(8) of that section. Where specified antenna HAAT values are 
exceeded, the maximum ERP generally is reduced in accordance with the 
appropriate chart or formula in those paragraphs. Paragraph (f)(5) also 
allows the maximum ERP and HAAT combination to be ``up to that needed 
to provide the same geographic coverage area as the largest station 
within their market, whichever would allow the largest service area.'' 
Such requests must include an engineering showing that the increase 
would not result in new interference.) Section 73.622(f)(5), which 
seeks to equalize the coverage areas of all stations within a market 
and address disparities between VHF and UHF stations, permits stations 
to exceed the ERP and antenna HAAT limits in order to ``provide the 
same geographic coverage area as the largest station within their 
market.'' This rule was clarified in the 2001 First DTV Periodic Report 
and Order. In clarifying the rule, the Commission stated: ``First, the 
maximum ERP limits (1000 kW for UHF channels 14-69 in any zone; 30 kW 
for VHF channels 7-13 in Zone 1; 160 kW for VHF channels 7-13 in Zone 2 
or 3; 10 kW for VHF channels 2-6 in Zone 1; and 45 kW for VHF channels 
2-6 in Zone 2 or 3) may not be exceeded. The ``largest station'' 
provision applies only where the rules normally require a reduction in 
the maximum power because a specified antenna HAAT is exceeded. That 
is, it does not allow power higher than the maximum ERP to compensate 
for an antenna HAAT that is lower than the value specified in the rule. 
Second, the ``largest station'' provision is only triggered where a 
station in the same market is serving a larger area than could be 
covered with the standard maximum power and antenna height specified in 
section 73.622(f) of the rules. Otherwise, applicants must comply with 
the maximum power and antenna height in