Digital Low Power Television, Television Translator, and Television Booster Stations and Digital Class A Television Stations, 63766-63773 [2010-26062]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 75, Number 200 (Monday, October 18, 2010)]
[Proposed Rules]
[Pages 63766-63773]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26062]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[MB Docket No. 03-185; FCC 10-172]


Digital Low Power Television, Television Translator, and 
Television Booster Stations and Digital Class A Television Stations

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Commission proposes and seeks comment on 
rules and issues that need to be resolved to complete the low power 
television station digital transition. Although Congress established a 
hard deadline of June 12, 2009 for full-power stations to cease analog 
operations and begin operating only in digital, many low power 
television stations are continuing to transmit analog signals.

DATES: Comments for this proceeding are due on or before December 17, 
2010 reply comments are due on or before January 18, 2011. Written PRA 
comments on the proposed information collection requirements contained 
herein must be submitted by the public, Office of Management and Budget 
(OMB), and other interested parties on or before December 17, 2010.

ADDRESSES: You may submit comments, identified by MB Docket No. 03-185 
and/or FCC 10-172, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Web Site: https://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
     Mail: Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail (although we continue to experience delays in 
receiving U.S. Postal Service mail.) All filings must be addressed to 
the Commission's Secretary, Office of the Secretary, Federal 
Communications Commission.
     People With Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov or phone: 202-418-
0530 or TTY: 202-418-0432.
    For detailed instructions for submitting comments and additional 
information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.
    In addition to filing comments with the Secretary, a copy of any 
PRA comments on the proposed collection requirements contained herein 
should be submitted to the Federal Communications Commission via e-mail 
to PRA@fcc.gov and to Cathy.Williams@fcc.gov and also to Nicholas A. 
Fraser, Office of Management and Budget, via e-mail to Nicholas_A._Fraser@omb.eop.gov or via fax at 202-395-5167.

FOR FURTHER INFORMATION CONTACT: Shaun Maher, Shan.Maher@fcc.gov of the 
Media Bureau, Video Division, (202) 418-1600. For additional 
information concerning the Paperwork Reduction Act information 
collection requirements contained in this document, send an e-mail to 
PRA@fcc.gov or contact Cathy Williams at (202) 418-2918, or via e-mail 
at Cathy.Williams@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's 
Further Notice of Proposed Rulemaking and Memorandum Opinion and Order 
(``FNPRM and MO&O''), FCC 10-172, adopted on September 17, 2010, and 
released on September 17, 2010. 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).
    Pursuant to Sec. Sec.  1.415 and 1.419 of the Commission's rules, 
47 CFR 1.415, 1.419, interested parties may file comments and reply 
comments on or before the dates indicated on the first page of this 
document. Comments may be filed using: (1) The Commission's Electronic 
Comment Filing System (ECFS), (2) the Federal Government's eRulemaking 
Portal, or (3) by filing paper copies. See Electronic Filing of 
Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
     Electronic Filers: Comments may be filed electronically 
using the Internet by accessing the ECFS: https://www.fcc.gov/cgb/ecfs/ 
or the Federal eRulemaking Portal: https://www.regulations.gov. Filers 
should follow the instructions provided on the Web site for submitting 
comments.
     For ECFS filers, if multiple docket or rulemaking numbers 
appear in the caption of this proceeding, filers must transmit one 
electronic copy of the comments for each docket or rulemaking number 
referenced in the caption. In completing the transmittal screen, filers 
should include their full name, U.S. Postal Service mailing address, 
and the applicable docket or rulemaking number. Parties may also submit 
an electronic comment by Internet e-mail. To get filing instructions, 
filers should send an e-mail to ecfs@fcc.gov, and include the following 
words in the body of the message, ``get form.'' A sample form and 
directions will be sent in response.
     Paper Filers: Parties who choose to file by paper must 
file an original and four copies of each filing. If more than one 
docket or rulemaking number appears in the caption of this proceeding, 
filers must submit two additional copies for each additional docket or 
rulemaking number.
    Filings can be sent by hand or messenger delivery, by commercial 
overnight courier, or by first-class or overnight U.S. Postal Service 
mail (although we continue to experience delays in receiving U.S. 
Postal Service mail). All filings must be addressed to the Commission's 
Secretary, Office of

[[Page 63767]]

the Secretary, Federal Communications Commission.
     The Commission's contractor will receive hand-delivered or 
messenger-delivered paper filings for the Commission's Secretary at FCC 
Headquarters building located at 445 12th Street, SW., Room TW-A325, 
Washington, DC 20054. 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.
     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 must be addressed to 445 12th Street, SW., Washington DC 20554.
    To request materials in accessible formats for people with 
disabilities (braille, large print, electronic files, audio format), 
send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental 
Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty). To view or 
obtain a copy of this information collection request (ICR) submitted to 
OMB: (1) Go to this OMB/GSA Web page: https://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web page called ``Currently 
Under Review,'' (3) click on the downward-pointing arrow in the 
``Select Agency'' box below the ``Currently Under Review'' heading, (4) 
select ``Federal Communications Commission'' from the list of agencies 
presented in the ``Select Agency'' box, (5) click the ``Submit'' button 
to the right of the ``Select Agency'' box, and (6) when the list of FCC 
ICRs currently under review appears, look for the OMB control number of 
this ICR as shown in this section (or its title if there is no OMB 
control number) and then click on the ICR Reference Number. A copy of 
the FCC submission to OMB will be displayed.

Initial Paperwork Reduction Act of 1995 Analysis

    This document contains proposed revised information collection 
requirements. As part of its continuing effort to reduce paperwork 
burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 
U.S.C. 3501-3520), the Federal Communications Commission invites the 
general public and other Federal agencies to comment on the following 
information collection(s). Public and agency comments are due December 
17, 2010. Comments should address: (a) Whether the proposed collection 
of information is necessary for the proper performance of the functions 
of the Commission, including whether the information shall have 
practical utility; (b) the accuracy of the Commission's burden 
estimates; (c) ways to enhance the quality, utility, and clarity of the 
information collected; and (d) ways to minimize the burden of the 
collection of information on the respondents, including the use of 
automated collection techniques or other forms of information 
technology. In addition, pursuant to the Small Business Paperwork 
Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we 
seek specific comment on how we might ``further reduce the information 
collection burden for small business concerns with fewer than 25 
employees.''
    OMB Control Numbers: 3060-0016.
    Title: Application for Authority to Construct or Make Changes in a 
Low Power TV, TV Translator or TV Booster Station, FCC Form 346; 47 CFR 
74.793(d); LPTV Out-of-Core Digital Displacement Application.
    Form Numbers: FCC Form 346.
    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/Responses: 3,500 respondents; 3,500 
responses.
    Estimated Hours per Response: 9.5 hours.
    Frequency of Response: On occasion reporting requirement; one time 
reporting requirement; third party disclosure requirement.
    Total Annual Burden: 33,250 hours.
    Total Annual Cost: $19,418,000.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
sections 154(i), 301, 303, 307, 308 and 309 of the Communications Act 
of 1934, as amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act Assessment: No impact(s).
    Needs and Uses: In the FNPRM and MO&O, the Commission considers 
issues that need to be resolved to complete the low power television 
station digital transition. Moreover, the FNPRM and MO&O adopts the 
following proposed information collection requirements:
    47 CFR 74.793(d) proposes that certain digital low power and TV 
translator stations will be required to submit information as to 
vertical radiation patterns as part of their applications (FCC Forms 
346 and 301-CA) for new or modified construction permits.
    LPTV Out-of-Core Digital Displacement Application. The Commission 
proposes to require all low power station with facilities on out-of-
core channels (channels 52-59) to submit a digital displacement (FCC 
Form 346) application proposing an in-core channel (channels 2-51, 
excluding channel 37) not later than June 30, 2011.

    OMB Control Numbers: 3060-0932.
    Title: Application for Authority to Construct or Make Changes in a 
Class A Television Broadcast Station, FCC Form 301-CA; 47 CFR 
73.3572(h); 47 CFR 74.793(d).
    Form Numbers: FCC Form 301-CA.
    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/Responses: 400 respondents; 400 responses.
    Estimated Hours per Response: 9.5 hours.
    Frequency of Response: On occasion reporting requirement; Third 
party disclosure requirement; One time reporting requirement.
    Total Annual Burden: 3,800 hours.
    Total Annual Cost: $3,199,200.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
sections 154(i), 301, 307, 308, 309 and 319 of the Communications Act 
of 1934, as amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act Assessment: No impact(s).
    Needs and Uses: In the FNPRM and MO&O, the Commission considers 
issues that need to be resolved to complete the low power television 
station digital transition. Moreover, the FNPRM and MO&O adopts the 
following proposed information collection requirement:
    47 CFR 73.3572(h) proposes that Class A station licensees shall 
file a minor change application (FCC Form 301-CA) for either the flash 
cut channel or the digital companion channel they choose to retain for 
post-transition digital operations and shall also certify that their 
proposed post-transition digital facilities meet all Class A TV 
interference protection requirements.
    47 CFR 74.793(d) proposes that all digital low power and TV 
translator stations shall be required to submit information as to 
vertical radiation patterns as part of their applications (FCC Forms 
346 and 301-CA) for new or modified construction permits.


[[Page 63768]]


    OMB Control Numbers: 3060-1086.
    Title: Section 74.786, Digital Channel Assignments; Sec.  74.787, 
Digital Licensing; Sec.  74.790, Permissible Service of Digital TV 
Translator and LPTV Stations; Sec.  74.794, Digital Emissions, and 
Sec.  74.796, Modification of Digital Transmission Systems and Analog 
Transmission Systems for Digital Operation; LPTV Digital Transition 
Consumer Education Information.
    Form Numbers: Not applicable.
    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/Responses: 7,636 respondents; 40,290 
responses.
    Estimated Hours per Response: 0.50-4 hours.
    Frequency of Response: Recordkeeping requirement; one-time 
reporting requirement; Third party disclosure requirement.
    Total Annual Burden: 77,542 hours.
    Total Annual Cost: $95,930,000.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this information collection is contained in 
section 301 of the Communications Act of 1934, as amended.
    Nature and Extent of Confidentiality: There is no need for 
confidentiality with this collection of information.
    Privacy Act Assessment: No impact(s).
    Needs and Uses: In the FNPRM and MO&O, the Commission considers 
issues that need to be resolved to complete the low power television 
station digital transition. Moreover, the FNPRM and MO&O adopts the 
following proposed information collection requirement:
    LPTV Digital Transition Consumer Education Information. The 
Commission proposes to require, where technically feasible, stations in 
the low power television services to provide notice of their upcoming 
digital transition to their viewers.
    Also, the information collection requirements contained in 
Sec. Sec.  74.786, 74.787, 74.790, 74.794 and 74.796 of the Commission 
rules are covered under OMB control number 3060-1086 and have already 
been approved by OMB. Lastly, the information collection requirements 
pertaining to the protection of analog LPTV and resolving channel 
conflict are also covered under this collection and have been approved 
by OMB.
    The Commission's FNPRM and MO&O also contains an information 
collection requirement pertaining to 47 CFR 73.624(g), FCC Form 317, 
which is subject to the Paperwork Reduction Act of 1995 (PRA), Public 
Law 104-13. It will be submitted to the Office of Management and Budget 
(OMB) for review under section 3507(d) of the PRA. OMB, the general 
public, and other Federal agencies will be invited to comment on the 
information collection requirements contained in this proceeding. The 
Commission will publish a separate document in the Federal Register at 
a later date seeking these comments.

Synopsis of Further Notice of Proposed Rulemaking

Analog Cut-Off Date

    1. We seek comment on the appropriate date for the termination of 
analog operations in the low power television and Class A television 
services. We also seek detailed information on the equipment and other 
costs of the digital conversion that will be incurred by low power 
television stations. We seek comment on whether to adopt an analog 
shutoff date in 2012, giving low power television stations 
approximately three years after the June 12, 2009 full-power transition 
date to convert to digital operation. Under this approach, analog 
station licenses would terminate at that time, and analog construction 
permits would have to be modified for digital operations prior to the 
transition date. With the full power transition now complete and 
providing the incentive for viewers, we believe it is appropriate to 
now require low power television stations to complete their transition 
to digital.
    2. We also believe that establishing an analog termination date for 
the low power television services in 2012 is consistent with the 
Broadband Plan's recommendations related to increasing the efficient 
use of broadcast TV bands and facilitating the deployment of new mobile 
broadband facilities. In addition, we note that adoption of a 2012 
analog termination date would give those low power television stations 
that continued to operate in analog mode a total period of 
approximately three years from the June 12, 2009 full power digital 
transition to apply for and construct digital facilities. We believe 
that should be a sufficient time period for low power television 
stations to successfully complete their transition. We also note that a 
three-year period from the full-service television transition deadline 
would coincide with the construction period that low power stations 
received to complete construction of digital facilities as set by the 
Commission in the Digital LPTV Order. In addition, a 2012 date would 
allow most low power stations that obtained a digital companion channel 
five plus years from the grant of their construction permit (most of 
which were granted in 2006 or 2007) to transition to complete digital 
operation without the loss of existing analog service.
    3. We seek comment on whether an analog shutoff date in 2012 would 
permit sufficient time for the digital conversion of the remaining 
stations in the low power television service and, if so, when in 2012 
would be the best time to require an analog shutoff. Furthermore, we 
seek comment on how to address ``hardship'' cases for those stations 
that, despite their best efforts, are unable to make a timely 
conversion. In this regard, we seek detailed information on the 
equipment and other costs of the digital conversion that will be 
incurred by low power television stations. We also seek comment on 
whether to permit stations located in communities that rely solely on 
over-the-air service from stations in the low power services to seek 
additional time to continue operating their analog facilities after the 
transition date. We seek comment on how to define such communities.
    4. We also seek comment on alternative timeframes or transition 
mechanisms. Those commenters advocating other dates or mechanisms 
should specifically address how their proposal would better facilitate 
the digital transition of low power television stations and the 
advantages of their approach. We seek comment on whether VHF channels, 
which are now underutilized, accompanied by additional power, provide a 
viable alternative for continued operation. If so, we seek comment on 
the characteristics of the locations where such operations would be 
successful and the necessary increased power levels. Therefore, we seek 
comment on whether adoption of an analog termination by the end of 2015 
or after the recommended reallocation of spectrum from the broadcast TV 
bands is complete (as envisioned by the Broadband Plan) would be more 
appropriate and less disruptive for the low power television services. 
We ask commenters to indicate if their answer to this question would 
turn on whether funds would be available to reimburse them for the 
costs of such a second transition.
    5. Whichever date we decide for stations in the low power 
television services to complete their transition to digital, we seek 
comment on what kind of Commission outreach to those communities most 
affected by this phase of the DTV transition would be

[[Page 63769]]

appropriate, and what form that outreach should take.

Out-of-Core Transition Date

    6. To begin the process of clearing the 700 MHz band, we propose 
adopting a date by which existing low power stations must submit a 
displacement application for an in-core (channels 2-51 excluding 
channel 37) digital channel. We tentatively conclude that use of the 
700 MHz band as a temporary measure to assist low power stations with 
their digital transition is no longer necessary and the time has come 
for low power television stations to vacate this band. We seek comment 
on this proposal. We propose an ``out-of-core transition date'' of 
December 31, 2011, by which we would require all low power television 
stations to cease all operations (both analog and digital) on channels 
52-69. We seek comment on this proposed date and welcome comment on 
alternative deadlines for the cessation of low power television 
operations on channels 52-69.
    7. We propose requiring that all low power stations with facilities 
on channels 52-69 submit a digital displacement application proposing 
an in-core channel (channels 2-51 excluding channel 37) not later than 
June 30, 2011--six months prior to the ``out-of-core transition date.'' 
We seek comment on the proposed submission deadline and welcome comment 
on alternative deadlines for the submission of a digital displacement 
application. We propose that any low power television station that 
cannot identify a workable in-core channel and submit a digital 
displacement application by the deadline be required to cease 
operations altogether by the ``out-of-core transition date.'' We seek 
comment on this proposal. Furthermore, we seek comment on how to 
address ``hardship'' cases for those stations that, despite their best 
efforts, are unable to identify an in-core channel and submit the 
required displacement application by the announced deadline.
    8. We propose to extend the notification and termination provisions 
contained in Sec.  74.703(g) of the rules to analog LPTV and TV 
translator facilities in the 700 MHz band. We believe that we should 
extend the notification and termination provisions in Sec.  74.703(g) 
of the rules to analog LPTV and TV translator stations in the 700 MHz 
band. We believe that extension of the notification and termination 
provisions will greatly facilitate the clearing of the 700 MHz band in 
advance of the proposed December 31, 2011 ``out-of-core transition 
date.''

Filing Freeze

    9. Effective upon the adoption date of this Further Notice of 
Proposed Rulemaking, we announce a freeze on the filing of (1) 
applications for new analog low power television and TV translator 
facilities; and (2) applications for new or modified, analog or 
digital, low power television stations on channels 52-69, including 
applications for flash-cut and digital companion channel facilities on 
these channels. We seek comment on whether to dismiss those 
applications for new analog low power television facilities that remain 
pending after the May 24, 2010 deadline for amendment to specify 
digital facilities.
    10. The Media Bureau will consider, on a case-by-case basis, 
requests for waiver of this freeze when an application is necessary or 
otherwise in the public interest for technical or other reasons to 
maintain quality service to the public, such as when zoning 
restrictions preclude tower construction at a particular site or when 
unforeseen events, such as extreme weather events or other 
extraordinary circumstances, require relocation to a new tower site. As 
with any request for waiver of our rules, a request for waiver of the 
freeze will be granted only upon a showing of good cause and when grant 
of the waiver will serve the public interest.
    11. The decision to impose this freeze is procedural in nature and 
therefore the freeze is not subject to the notice and comment and 
effective date requirements of the Administrative Procedure Act. 
Moreover, there is good cause for the Commission's not using notice and 
comment procedures in this case, and not delaying the effect of the 
freeze until 30 days after publication in the Federal Register, because 
to do either would be impractical, unnecessary, and contrary to the 
public interest because compliance would undercut the purposes of the 
freeze.

Surrender of Channels

    12. For stations choosing to surrender their analog station license 
and continue operating their digital companion channel, we seek comment 
on whether to allow such stations to simply notify the Commission of 
this decision and whether to delegate to the Media Bureau the authority 
to determine the timetable and procedures for such notifications in 
order to expedite the process. If an entity that holds a construction 
permit for unbuilt analog and companion digital stations and the analog 
permit expires and is forfeited, we seek comment on whether the digital 
construction permit should be forfeited notwithstanding the later 
expiration date on the digital construction permit. We also seek 
comment on how to address situations in which the digital companion 
station is constructed, and the construction permit for the related 
unbuilt analog station expires.
    13. We seek comment on whether to permit stations to simply 
discontinue operation of their licensed analog stations at any time 
they deem appropriate and without notification to their viewers, 
provided, however, that their companion digital channels are licensed 
and operational. Alternatively, we seek comment on whether stations in 
the low power television services should be required to provide notice 
of their upcoming transition to digital where technically feasible, as 
a courtesy to their viewers. We seek comment on whether to require only 
those stations that are suitably-equipped to provide notice of their 
upcoming transition to digital. We seek comment on whether such a 
viewer notification would impose undue burdens on stations in the low 
power television service, and is unnecessary in light of the completion 
of the full-power television digital transition.

Class A Television Transition to Digital

    14. We propose that Class A TV station licensees file a minor 
change application for either the ``flash cut'' channel on which they 
are now operating in analog or the digital companion channel they 
choose to retain for post-transition operations. Class A stations 
thereby will be able to obtain primary, protected regulatory status on 
their desired post-transition digital channel. We also propose that all 
Class A applicants certify that their proposed facilities meet all 
Class A interference protection requirements. We seek comment on these 
proposed procedures.

Ancillary and Supplementary Services

    15. We seek comment on whether to widen the class of low power 
television broadcasters included in Sec.  73.624(g) to include 
permittees of low power television stations operating pursuant to a 
digital STA and to require such permittees to file the annual ancillary 
and supplementary services report to enable the Commission to assess 
the nature of ancillary and supplementary services, if any, that are 
provided by low power television licensees and permittees and the 
extent to which feeable services are offered.

Minor Change Definition

    16. We propose that any digital low power television modification 
that

[[Page 63770]]

proposes a change in transmitter site of greater than 30 miles (48 
kilometers) from the reference coordinates of the existing station's 
antenna location will be considered a new proposal for low power 
television stations. Those transmitter site changes that are truly 
minor would continue to be treated as a minor change in the rules and 
those that involve a substantial relocation of facilities would be 
deemed a major change.

Vertical Antenna Patterns

    17. We propose to revise the vertical patterns used in the 
temporary prediction methodology for the low power television services 
that the Commission previously adopted. We are considering revising FCC 
Forms 346 and 301-CA to start collecting the vertical patterns. Rather 
than undertaking the task of collecting vertical patterns from existing 
stations, we are considering the use of assumed vertical patterns. 
Also, existing stations would have the option of filing applications 
for minor changes to their facilities and submitting the actual 
vertical patterns with their applications. We seek comment on this 
proposed methodology.
    18. We also seek comment as to whether the power levels and 
interference protection criteria currently specified in the rules are 
appropriate to ensure that post-transition low power TV signals 
provided to consumers will be of an estimable quality. If not, we seek 
comment on what modifications are needed and how would such 
modifications improve the ability of consumers to receive service. We 
seek comment as to whether there is specific testing necessary to test 
out such modifications or to determine the digital signal strength in 
distinct geographic locations.

Use of Full-Power DTV Emission Mask

    19. We see comment on whether to adopt rules allowing use of full-
power DTV emission masks by low power television stations.

Initial Regulatory Flexibility Analysis

    20. As required by the Regulatory Flexibility Act of 1980, as 
amended (``RFA'') \1\ the Commission has prepared this present Initial 
Regulatory Flexibility Analysis (``IRFA'') concerning the possible 
significant economic impact on small entities by the policies and rules 
proposed in this FNPRM and MO&O. Written public comments are requested 
on this IRFA. Comments must be identified as responses to the IRFA and 
must be filed by the deadlines for comments indicated on the first page 
of the NPRM. The Commission will send a copy of the NPRM, including 
this IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA).\2\ In addition, the NPRM and IRFA (or summaries 
thereof) will be published in the Federal Register.\3\
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601 et seq., has 
been amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (``SBREFA''), Pub. L. 104-121, Title II, 110 Stat. 847 
(1996).
    \2\ See 5 U.S.C. 603(a).
    \3\ See id. 603(a).
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Need for and Objectives of the Proposed Rules

    21. In the NPRM, the Commission considers matters related to the 
low power television digital transition. The following matters are 
considered in the Notice and are more fully defined and described 
below: The adoption of an analog shutoff date for low power television 
stations; the adoption of an earlier transition date for low power 
television stations on TV channels 52-69 (the so-called ``out-of-core'' 
channels); the adoption of procedures for stations to notify the 
Commission of their final digital channel; whether to make low power 
television permittees subject to the Commission's ancillary and 
supplementary fee rules; whether to modify the Commission's minor 
change rule so that it covers a proposed change in a low power 
television station's transmitter site of up to 30 miles (48 kilometers) 
from the reference coordinates of the station's transmitting antenna; 
whether to revise the vertical antenna patterns used in the prediction 
methodology for the low power television services; and whether to allow 
low power television stations to use the emission mask used by full 
power television stations.
    22. The NPRM seeks comment on establishing an analog shutoff date 
in 2012 for low power TV, TV translator and Class A TV stations, giving 
these stations the flexibility of three additional years from the 
conclusion of the full power television transition in on June 12, 2009, 
to convert to digital, i.e., analog station licenses would terminate at 
that time and analog construction permits would have to be modified for 
digital operations.
    23. The Commission seeks comment on whether to require existing 
analog and digital low power television stations on channels 52-69 (the 
so-called ``out of core'' channels) to file an application for an in-
core channel 2-51 by June 30, 2011, and discontinue operations on their 
out-of-core channel by December 31, 2011.
    24. The Commission seeks comment on whether to delegate to the 
Media Bureau the authority to establish timeframes and procedures for 
stations to notify the Commission as to whether they intend to convert 
to digital on their existing analog channel (a so-called ``flash cut'') 
or if they intend to continue to operate their second digital channel 
and terminate operations on their analog channel.
    25. The Commission seeks comment on whether to make low power 
television station permittees subject to the Commission's ancillary and 
supplementary fee rules. Currently, low power television station 
licensees are subject to the rules and the Commission seeks comment on 
whether permittees (defined as those stations constructed and operating 
but have not yet received a grant of their license) should also be 
subject to these rules.
    26. The Commission seeks comment whether to change the Commission's 
minor change rule. This proposal seeks to modify the rule to prevent 
stations from proposing a major change in their facilities (a change 
that would require the payment of a filing fee) in a minor change 
application. To remedy this problem, the Commission proposes limiting 
transmitter site changes in minor change applications to no more than 
30 miles (48 kilometers) from the reference coordinates of the existing 
station's transmitting antenna.
    27. The Commission proposes allowing low power television stations 
to use the emission mask used by full power television stations. This 
proposal would permit stations to secure a channel in areas where 
unused channels are scarce by allowing for more efficient use of 
channels.
    28. Finally, the Commission seeks comment on whether to revise the 
vertical patterns used in the temporary interference prediction 
methodology for the low power television services that the FCC adopted 
in its 2004 Digital LPTV Order. Use of the actual vertical patterns of 
proposed low power television facilities would enable a more realistic 
determination of the service areas of these stations and their 
potential for interfering with other stations, as well as more accurate 
determinations of application mutual exclusivity.

Legal Basis

    29. The authority for the action proposed in this rulemaking is 
contained in sections 1, 4(i) and (j), 5(c)(1), 7, 301, 302, 303, 307, 
308, 309, 312, 316, 319, 324, 332, 336, and 337 of the Communications 
Act of 1934, 47 U.S.C 151, 154(i) and (j), 155(c)(1), 157,

[[Page 63771]]

301, 302, 303, 307, 308, 309, 312, 316, 319, 324, 332, 336, and 337.

Description and Estimate of the Number of Small Entities to Which the 
Proposed Rules Will Apply

    30. The RFA directs the Commission to provide a description of and, 
where feasible, an estimate of the number of small entities that will 
be affected by the proposed rules, if adopted.\4\ The RFA generally 
defines the term ``small entity'' as having the same meaning as the 
terms ``small business,'' ``small organization,'' and ``small 
government jurisdiction.'' \5\ In addition, the term ``small business'' 
has the same meaning as the term ``small business concern'' under the 
Small Business Act.\6\ A small business concern is one which: (1) Is 
independently owned and operated; (2) is not dominant in its field of 
operation; and (3) satisfies any additional criteria established by the 
SBA.\7\
---------------------------------------------------------------------------

    \4\ Id. sec. 603(b)(3).
    \5\ 5 U.S.C. 601(6).
    \6\ Id. sec. 601(3) (incorporating by reference the definition 
of ``small business concern'' in 15 U.S.C. 632). Pursuant to 5 
U.S.C. 601(3), the statutory definition of a small business applies 
``unless an agency, after consultation with the Office of Advocacy 
of the Small Business Administration and after opportunity for 
public comment, establishes one or more definitions of such term 
which are appropriate to the activities of the agency and publishes 
such definition(s) in the Federal Register.'' 5 U.S.C. 601(3).
    \7\ 15 U.S.C. 632. Application of the statutory criteria of 
dominance in its field of operation and independence are sometimes 
difficult to apply in the context of broadcast television. 
Accordingly, the Commission's statistical account of television 
stations may be over-inclusive.
---------------------------------------------------------------------------

    31. Television Broadcasting. The SBA defines a television 
broadcasting station as a small business if such station has no more 
than $14 million in annual receipts.\8\ Business concerns included in 
this industry are those ``primarily engaged in broadcasting images 
together with sound.'' \9\ According to Commission staff review of the 
BIA Publications, Inc. Master Access Television Analyzer Database (BIA) 
on March 30, 2007, about 986 of an estimated 1,374 commercial 
television stations \10\ (or approximately 72 percent) have revenues of 
$13.5 million or less and thus qualify as small entities under the SBA 
definition. We note, however, that, in assessing whether a business 
concern qualifies as small under the above definition, business 
(control) affiliations \11\ must be included. Our estimate, therefore, 
likely overstates the number of small entities that might be affected 
by our action, because the revenue figure on which it is based does not 
include or aggregate revenues from affiliated companies. The Commission 
has estimated the number of licensed NCE television stations to be 
380.\12\ The Commission does not compile and otherwise does not have 
access to information on the revenue of NCE stations that would permit 
it to determine how many such stations would qualify as small entities.
---------------------------------------------------------------------------

    \8\ See 13 CFR 121.201, NAICS Code 515120.
    \9\ NAICS Code 515120. This category description continues, 
``These establishments operate television broadcasting studios and 
facilities for the programming and transmission of programs to the 
public. These establishments also produce or transmit visual 
programming to affiliated broadcast television stations, which in 
turn broadcast the programs to the public on a predetermined 
schedule. Programming may originate in their own studios, from an 
affiliated network, or from external sources.'' Separate census 
categories pertain to businesses primarily engaged in producing 
programming. See Motion Picture and Video Production, NAICS code 
512110; Motion Picture and Video Distribution, NAICS Code 512120; 
Teleproduction and Other Post-Production Services, NAICS Code 
512191; and Other Motion Picture and Video Industries, NAICS Code 
512199.
    \10\ Although we are using BIA's estimate for purposes of this 
revenue comparison, the Commission has estimated the number of 
licensed commercial television stations to be 1374. See News 
Release, ``Broadcast Station Totals as of December 31, 2006'' (dated 
Jan. 26, 2007); see https://www.fcc.gov/mb/audio/totals/bt061231.html.
    \11\ ``[Business concerns] are affiliates of each other when one 
concern controls or has the power to control the other or a third 
party or parties controls or has to power to control both.'' 13 CFR 
121.103(a)(1).
    \12\ Broadcast Stations Total as of December 31, 2006.
---------------------------------------------------------------------------

    32. Class A TV, LPTV, and TV translator stations. The same SBA 
definition that applies to television broadcast licensees would apply 
to these stations. The SBA defines a television broadcast station as a 
small business if such station has no more than $14 million in annual 
receipts.\13\
---------------------------------------------------------------------------

    \13\ See 13 CFR 121.201, NAICS Code 515120.
---------------------------------------------------------------------------

    33. Currently, there are approximately 567 licensed Class A 
stations, 2,227 licensed LPTV stations, 4,518 licensed TV translators, 
and 11 TV booster stations.\14\ Given the nature of these services, we 
will presume that all of these licensees qualify as small entities 
under the SBA definition. We note, however, that under the SBA's 
definition, revenue of affiliates that are not LPTV stations should be 
aggregated with the LPTV station revenues in determining whether a 
concern is small. Our estimate may thus overstate the number of small 
entities since the revenue figure on which it is based does not include 
or aggregate revenues from non-LPTV affiliated companies. We do not 
have data on revenues of TV translator or TV booster stations, but 
virtually all of these entities are also likely to have revenues of 
less than $13 million and thus may be categorized as small, except to 
the extent that revenues of affiliated non-translator or booster 
entities should be considered.
---------------------------------------------------------------------------

    \14\ See News Release, ``Broadcast Station Totals as of December 
31, 2006'' (dated Jan. 26, 2007); https://www.fcc.gov/mb/audio/totals/bt061231.html.
---------------------------------------------------------------------------

    34. In addition, an element of the definition of ``small business'' 
is that the entity not be dominant in its field of operation. We are 
unable at this time to define or quantify the criteria that would 
establish whether a specific television station is dominant in its 
field of operation. Accordingly, the estimate of small businesses to 
which rules may apply do not exclude any television station from the 
definition of a small business on this basis and are therefore over-
inclusive to that extent. Also as noted, an additional element of the 
definition of ``small business'' is that the entity must be 
independently owned and operated. We note that it is difficult at times 
to assess these criteria in the context of media entities and our 
estimates of small businesses to which they apply may be over-inclusive 
to this extent.
    35. Electronics Equipment Manufacturers. Rules adopted in this 
proceeding could apply to manufacturers of television receiving 
equipment and other types of consumer electronics equipment. The SBA 
has developed definitions of small entity for manufacturers of audio 
and video equipment \15\ as well as radio and television broadcasting 
and wireless communications equipment.\16\ These categories both 
include all such companies employing 750 or fewer employees. The 
Commission has not developed a definition of small entities applicable 
to manufacturers of electronic equipment used by consumers, as compared 
to industrial use by television licensees and related businesses. 
Therefore, we will utilize the SBA definitions applicable to 
manufacturers of audio and visual equipment and radio and television 
broadcasting and wireless communications equipment, since these are the 
two closest NAICS Codes applicable to the consumer electronics 
equipment manufacturing industry. However, these NAICS categories are 
broad and specific figures are not available as to how many of these 
establishments manufacture consumer equipment. According to the SBA's 
regulations, an audio and visual equipment manufacturer must have 750 
or fewer employees in order to qualify as a small business concern.\17\ 
Census Bureau data indicates that there are 554 U.S. establishments 
that manufacture audio and visual equipment, and that

[[Page 63772]]

542 of these establishments have fewer than 500 employees and would be 
classified as small entities.\18\ The remaining 12 establishments have 
500 or more employees; however, we are unable to determine how many of 
those have fewer than 750 employees and therefore, also qualify as 
small entities under the SBA definition. Under the SBA's regulations, a 
radio and television broadcasting and wireless communications equipment 
manufacturer must also have 750 or fewer employees in order to qualify 
as a small business concern.\19\ Census Bureau data indicates that 
there 1,215 U.S. establishments that manufacture radio and television 
broadcasting and wireless communications equipment, and that 1,150 of 
these establishments have fewer than 500 employees and would be 
classified as small entities.\20\ The remaining 65 establishments have 
500 or more employees; however, we are unable to determine how many of 
those have fewer than 750 employees and therefore, also qualify as 
small entities under the SBA definition. We therefore conclude that 
there are no more than 542 small manufacturers of audio and visual 
electronics equipment and no more than 1,150 small manufacturers of 
radio and television broadcasting and wireless communications equipment 
for consumer/household use.
---------------------------------------------------------------------------

    \15\ 13 CFR 121.201, NAICS Code 334310.
    \16\ 13 CFR 121.201, NAICS Code 334220.
    \17\ 13 CFR 121.201, NAICS Code 334310.
    \18\ Economics and Statistics Administration, Bureau of Census, 
U.S. Department of Commerce, 1997 Economic Census, Industry Series--
Manufacturing, Audio and Video Equipment Manufacturing, Table 4 at 9 
(1999). The amount of 500 employees was used to estimate the number 
of small business firms because the relevant Census categories 
stopped at 499 employees and began at 500 employees. No category for 
750 employees existed. Thus, the number is as accurate as it is 
possible to calculate with the available information.
    \19\ 13 CFR 121.201, NAICS Code 334220.
    \20\ Economics and Statistics Administration, Bureau of Census, 
U.S. Department of Commerce, 1997 Economic Census, Industry Series--
Manufacturing, Radio and Television Broadcasting and Wireless 
Communications Equipment Manufacturing, Table 4 at 9 (1999). The 
amount of 500 employees was used to estimate the number of small 
business firms because the relevant Census categories stopped at 499 
employees and began at 500 employees. No category for 750 employees 
existed. Thus, the number is as accurate as it is possible to 
calculate with the available information.
---------------------------------------------------------------------------

Description of Projected Reporting, Recordkeeping and Other Compliance 
Requirements

    36. The Notice proposes one new reporting or recordkeeping 
requirement. The Notice proposes requiring that low power stations 
submit information as to vertical radiation patterns as part of their 
applications (FCC Form 346) for new or modified construction permits. 
Otherwise, existing rules and forms will be used to undertake the 
proposals set forth in the Notice.

Steps Taken To Minimize Significant Impact on Small Entities, and 
Significant Alternatives Considered

    37. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.\21\
---------------------------------------------------------------------------

    \21\ 5 U.S.C. 603(c)(1)-(c)(4).
---------------------------------------------------------------------------

    38. The Commission's proposed adoption of an analog shutoff date in 
2012 would minimize impact on small entities by allowing them three 
additional years from the full power television transition that 
occurred on June 12, 2009, to complete their transition to digital. 
Adoption of an early low power transition date was not considered as it 
was felt that many small entities would not be ready to transition any 
sooner and would be forced off the air.
    39. With respect to requiring stations on out-of-core channels to 
transition at an early date--on December 31, 2011, the Commission found 
that the burden on small entities of adopting an earlier deadline was 
more than outweighed by the need to clear out-of-core channels for new 
uses by commercial wireless (including mobile broadband) and public 
safety entities. It was determined that adoption of a later transition 
date for low power television stations on these channels would delay 
progress on clearing these channels.
    40. The Commission's proposal to establish timeframes and 
procedures for stations to notify the Commission as to whether they 
intend to convert to digital on their existing analog channel (a so-
called ``flash cut'') or if they intend to continue to operate their 
second digital channel and terminate operations on their analog channel 
prevented a significant impact on small entities. Low power stations 
will not be burdened with having to complete and file a lengthy 
progress report, as was required of full power television stations, but 
rather will only have to file a simple informal notification to make 
their final digital choice known to the Commission
    41. With respect to subjecting low power television station 
permittees to the Commission's ancillary and supplementary fee rules, 
the Commission found that the burden on small entities of having to 
comply with these rules was outweighed by the need to eliminate 
ambiguity in the rules and to provide efficient use and administration 
of spectrum.
    42. The Commission did not find that there would be a significant 
impact on small entities by its proposed change to its Commission's low 
power television minor change rule. The change would have little impact 
and any impact would affect all entities equally.
    43. The Commission did not find that there would a significant 
impact on small entities by its proposal to permit stations to use the 
emission mask used by full power television stations. Use would be 
voluntary and any impact would affect all entities equally.
    44. The Commission's proposal to revise the vertical patterns used 
in the temporary interference prediction methodology for the low power 
television services would not have a significant impact on small 
entities. Use of the actual vertical patterns of proposed low power 
television facilities will simplify the engineering filings on FCC Form 
346, making it easier for all applicants to complete the form, and thus 
saving applicants time and money. Any burden from this requirement 
would impact all entities equally.

Federal Rules Which Duplicate, Overlap, or Conflict With the 
Commission's Proposals

    45. None.
    46. The Commission will send a copy of the Further Notice of 
Proposed Rulemaking, including the Initial Regulatory Flexibility 
Analysis, to the Chief Counsel for Advocacy of the Small Business 
Administration.
    47. Television, Television Broadcasting, Low Power Television.

List of Subjects

47 CFR Part 73

    Radio broadcast services.

47 CFR Part 74

    Auxiliary, Experimental radio, Special broadcast and other program 
distributional services.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

    For the reasons discussed in the preamble, the Federal 
Communications

[[Page 63773]]

Commission proposes to amend 47 CFR parts 73 and 74 as follows:

PART 73--RADIO BROADCAST SERVICES

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

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

    2. Section 73.624 is amended by revising paragraph (g) introductory 
text to read as follows:


Sec.  73.624  Digital television broadcast stations.

* * * * *
    (g) Commercial and noncommercial DTV licensees and permittees, and 
low power television, TV translator and Class A television stations DTV 
licensees and permittees, must annually remit a fee of five percent of 
the gross revenues derived from all ancillary and supplementary 
services, as defined by paragraph (b) of this section, which are 
feeable, as defined in paragraphs (g)(2)(i) and through (ii) of this 
section.
* * * * *
    3. Section 73.3572 is amended by adding paragraph (h) to read as 
follows:


Sec.  73.3572  Processing of TV broadcast, Class A TV broadcast, low 
power TV, TV translators, and TV booster applications.

* * * * *
    (h) Class A TV station licensees shall file a minor change 
application for either the flash cut channel or the digital companion 
channel they choose to retain for post-transition digital operations. 
Class A TV stations will retain primary, protected regulatory status on 
their desired post-transition digital channel. Class A TV applicants 
must certify that their proposed post-transition digital facilities 
meet all Class A TV interference protection requirements.

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

    4. The authority citation for part 74 is revised to read as 
follows:

    Authority: 47 U.S.C. 154, 303, 307, 309, 336 and 554.

    5. Section 74.787 is amended by revising paragraph (b)(1) to read 
as follows:


Sec.  74.787  Digital licensing.

* * * * *
    (b) * * *
    (1) Applications for major changes in digital low power television 
and television translator stations include:
    (i) Any change in the frequency (output channel) not related to 
displacement relief;
    (ii) Any change in transmitting antenna location where the 
protected contour resulting from the change does not overlap some 
portion of the protected contour of the authorized facilities of the 
existing station; or
    (iii) Any change in transmitting antenna location of greater than 
30 miles (48 kilometers) from the reference coordinates of the existing 
station's antenna location.
* * * * *
    6. Section 74.793 is amended by revising paragraphs (c) and (d) to 
read as follows:


Sec.  74.793  Digital low power TV and TV translator station protection 
of broadcast stations.

* * * * *
    (c) The following D/U signal strength ratio (db) shall apply to the 
protection of stations on the first adjacent channel. The D/U ratios 
for ``Digital TV-into-analog TV'' shall apply to the protection of 
Class A TV, LPTV, and TV translator stations. The D/U ratios for 
``Digital TV-into-digital TV'' shall apply to the protection of DTV, 
digital Class A TV, digital LPTV, and digital TV translator stations. 
The D/U ratios correspond to the digital LPTV or TV translator 
station's specified out-of-channel emission mask.

------------------------------------------------------------------------
                                             Stringent     Full service
                               Simple mask      mask           mask
------------------------------------------------------------------------
Digital TV-into-analog.......           10            0  Lower (-14)/
                                                          Upper (-17)
TV Digital TV-into-digital TV           -7          -12  Lower (-28)/
                                                          Upper (-26).
------------------------------------------------------------------------

     (d) For analysis of predicted interference from digital low power 
TV and TV translator stations, the relative field strength values of 
the antenna vertical radiation pattern provided by the applicant will 
be used instead of the values in Table 8 in OET Bulletin 69.
* * * * *
    7. Section 74.794 is amended by revising paragraph (a)(1) and by 
adding paragraph (a)(2)(iii) to read as follows:


Sec.  74.794  Digital emissions.

    (a) (1) An applicant for a digital LPTV or TV translator station 
construction permit shall specify that the station will be constructed 
to confine out-of-channel emissions within one of the following 
emission masks: Simple, stringent, or full service.
    (2) * * *
    (iii) Full service mask. (A) The power level of emissions on 
frequencies outside the authorized channel of operation must be 
attenuated no less than the following amounts below the average 
transmitted power within the authorized channel. In the first 500 kHz 
from the channel edge the emissions must be attenuated no less than 47 
dB. More than 6 MHz from the channel edge, emissions must be attenuated 
no less than 110 dB. At any frequency between 0.5 and 6 MHz from the 
channel edge, emissions must be attenuated no less than the value 
determined by the following formula:


Attenuation in dB = -11.5 ([Delta] f + 3.6);

Where:

[Delta] f = frequency difference in MHz from the edge of the 
channel.

    (B) This attenuation is based on a measurement bandwidth of 500 
kHz. Other measurement bandwidths may be used as long as appropriate 
correction factors are applied. Measurements need not be made any 
closer to the band edge than one half of the resolution bandwidth of 
the measuring instrument. Emissions include sidebands, spurious 
emissions, and radio frequency harmonics. Attenuation is to be measured 
at the output terminals of the transmitter (including any filters that 
may be employed). In the event of interference caused to any service, 
greater attenuation may be required.
* * * * *
[FR Doc. 2010-26062 Filed 10-15-10; 8:45 am]
BILLING CODE 6712-01-P