Establishing Rules for Full Power Television and Class A Television Stations, 8636-8690 [2022-24751]
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Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 / Proposed Rules
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 0, 27, 73, and 74
[MB Docket No. 22–227, FCC 22–73; FR ID
109687]
Establishing Rules for Full Power
Television and Class A Television
Stations
Federal Communications
Commission.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
In this document, the Federal
Communications Commission
(Commission or FCC) seeks comment on
comprehensively deleting, updating, or
otherwise revising Commission rules for
full power television and Class A
television stations that no longer have
any practical effect given the
completion of the transition from analog
to digital-only operations and the post
incentive auction transition to a smaller
television band with fewer channels.
This NPRM also seeks comment on a
restructuring of the Commission’s full
power television rules, which largely
consist of the technical licensing,
operating, and interference rules for full
power television.
DATES:
Comment date: April 10, 2023.
Reply comment date: April 25, 2023.
ADDRESSES: You may submit comments,
identified by MB Docket No. 22–227,
FCC 22–73, by any of the following
methods:
D Federal Communications
Commission’s Website: https://
apps.fcc.gov/ecfs/. Follow the
instructions for submitting comments.
D Mail: Office of the Secretary,
Federal Communications Commission,
45 L Street NE, Washington, DC 20554.
D People with Disabilities: Contact the
FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by email: 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.
FOR FURTHER INFORMATION CONTACT:
Joyce Bernstein, Media Bureau, at
Joyce.Bernstein@fcc.gov, Emily
Harrison, Media Bureau, at
Emily.Harrison@fcc.gov, or Mark
Colombo, Media Bureau, at
Mark.Colombo@fcc.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to §§ 1.415 and 1.419 of the
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SUMMARY:
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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 the Commission’s
Electronic Comment Filing System
(ECFS). 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://
apps.fcc.gov/ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing.
• Filings can be sent by commercial
overnight courier, or by first-class or
overnight U.S. Postal Service mail. All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• Commercial overnight mail (other
than U.S. Postal Service Express Mail
and Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701. U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 45 L Street NE,
Washington, DC 20554.
• Effective March 19, 2020, and until
further notice, the Commission no
longer accepts any hand or messenger
delivered filings. This is a temporary
measure taken to help protect the health
and safety of individuals, and to
mitigate the transmission of COVID–19.
See FCC Announces Closure of FCC
Headquarters Open Window and
Change in Hand-Delivery Policy, Public
Notice, DA 20–304 (March 19, 2020).
https://www.fcc.gov/document/fcccloses-headquarters-open-window-andchanges-hand-delivery-policy.
People with Disabilities: To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (TTY).
Paperwork Reduction Act of 1995
Analysis: This document proposes new
or modified information collection
requirements. The Commission, as part
of its continuing effort to reduce
paperwork burdens and pursuant to the
Paperwork Reduction Act of 1995,
Public Law 104–13, invites the general
public and the Office of Management
and Budget (OMB) to comment on these
information collection requirements. 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
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how we might further reduce the
information collection burden for small
business concerns with fewer than 25
employees.
Synopsis
Incorporation by Reference
The Commission’s proposals are
limited to the incorporation by reference
of standards that are associated with full
power and Class A television services.
Incorporation by reference is the process
that Federal agencies use when referring
to materials published elsewhere to give
those materials the same force and effect
of law in the Code of Federal
Regulations as if the materials’ text had
actually been published in the Federal
Register. 5 U.S.C. 552(a)(1) and Office of
the Federal Register, IBR Handbook 1
(July 2018), available at https://
www.archives.gov/files/federal-register/
write/handbook/ibr.pdf. By using
incorporation by reference, the
Commission gives effect to technical
instructions, testing methodologies, and
other process documents that are
developed and owned by standards
development organizations. Referencing
these documents in the Commission’s
rules substantially reduces the volume
of material that would otherwise be
published in the Federal Register and
the Code of Federal Regulations. It also
permits the Commission to more
efficiently implement future standards
updates. Once the Commission
completes any necessary notice-andcomment rulemaking proceedings and
applies agency expertise to ensure that
any standards adopted are sound and
appropriate, the Commission need only
update the references to the standards in
its rules.
The following standards have
previously been approved for IBR as
specified in 47 CFR 73.8000: (i) ATSC
A/52; (ii) ATSC A/53; Parts 1–4 and 6:
2007; (iii) ATSC A/53 Part 5: 2010; (iv)
ATSC A/65C; (v) ATSC A/85:2013; (vi)
ATSC A/321:2016; (vii) ATSC A/
322:2017; and (viii) OET Bulletin No.
69: ‘‘Longley-Rice Methodology for
Evaluating TV Coverage and
Interference’’ (February 6, 2004); IBR
approved for 47 CFR 73.616.
Background
The Commission proposes to adopt
revisions to rules in part 0, part 27,
subparts E, H, I, J, and L of part 73, and
certain parts of parts 74 and 90 in light
of the fact that all television services
have ceased analog operations. Given
the conversion from analog to digital
television technology, we propose to
eliminate entire rules and portions of
rules that provide for analog-to-analog
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and analog-to-digital interference
protection requirements and other
analog operating requirements. We
similarly propose to amend section
headings and language in rules to
remove references to DTV, digital, and
analog television service, as these
distinctions are no longer necessary. We
also propose to delete outdated rules
that are no longer valid given changes
in Commission-adopted policy, such as
the elimination of the comparative
hearing process to award and renew
broadcast licenses. We also propose to
adopt other non-substantive, technical
revisions as set forth in Appendix A and
further described below, for example, to
update previously-adopted station
license periods and to delete obsolete
rules governing the post-incentive
auction transition period. We also
propose to update our rules to reference
the current designation for form
numbers (e.g., FCC Form 2100) and by
requiring electronic filing in the
Commission’s Licensing and
Management System (LMS). We also
propose to make corrections or updates,
inter alia, to section headings, spelling,
contact information, and rule crossreferences, or to language inadvertently
omitted from a rule.
Deletion of Obsolete Rules and
Language Recognizing the Full Power
and Class A Digital Transition
Full power television stations were
required to terminate all analog
operations no later than June 12, 2009
and Class A stations September 1, 2015.
Accordingly, we propose to eliminate
entire rules, and portions of rules, that
provide for analog-to-analog and analogto-digital interference protection
requirements and other analog operating
requirements from subpart E (Television
Broadcast Stations), subpart H (Rules
Applicable to All Broadcast Stations),
subpart I (Procedures for Competitive
Bidding and for Applications for
Noncommercial Educational Broadcast
Stations on Non-Reserved Channels),
and subpart J (Class A Televisions
Broadcast Stations). The rules we
propose to amend are related to analog
operations (i.e., rules that reference
‘‘NTSC,’’ ‘‘analog’’ (see 47 CFR
73.622(d)(1) (Digital television table of
allotments) (removing text of this rule
that refers to analog stations); 73.623(d)
(removing analog technical references
and reformatting remaining digital
technical references into (d)(2)(i)–(iv)
and (h) (DTV applications and changes
to DTV allotments); 73.624(b) and (c)(3)
(Digital television broadcast stations)
(removing text of this rule that refers to
analog stations); 73.683(d) (Field
strength contours and presumptive
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determination of field strength at
individual locations) (removing text of
this rule that refers to analog stations);
and 73.686(d) (Field strength
measurements) (removing text of this
rule that refers to analog stations). In
addition, regarding § 73.5000(a)
(Services subject to competitive
bidding), we propose to delete the word
‘‘analog’’ where it is appears in the rule
because there is no need to differentiate
between analog and digital television
services.), Grade A, Grade B, city grade
contours, or F(50,50) curves (see 47 CFR
73.683(a)–(b) (Field strength contours
and presumptive determination of field
strength at individual locations);
73.1675(a)(1)(iii) (Auxiliary antennas)
(delete analog contour and replace with
digital noise limited contour);
73.5007(b)(2)(iii) and (b)(3)(iv)
(Designated entity provisions); 73.6000
(Definitions); and 73.6010(b) (Class A
TV station protected contour). The one
exception is 47 CFR 73.626(f)(2)(i) (DTV
distributed transmission systems),
which states that the F(50,50) service
contour of a DTS transmitter shall not
extend beyond that of its reference
facility, which will be retained. We
separately propose to add text in 47 CFR
73.683(a) (Field strength contours and
presumptive determination of field
strength at individual locations) to
provide guidance for those reviewing
the cross-reference to this section found
in 47 CFR 90.307(b) (Protection
criteria)), with the corresponding digital
contours defined in §§ 73.625(a),
73.622(e), 73.6010, and/or 74.792. As
part of our reorganization of subpart E,
we note that we propose to relocate 47
CFR 73.625(a) (Transmitter location)
and 73.622(e) (DTV Service Areas) to
new 47 CFR 73.618 and 73.619(c),
respectively. We are not proposing to
move § 73.6010 or § 74.792 as part of the
reorganization. We note that NTSC is an
abbreviation for the National Television
Standards Committee, an association of
engineers and scientists interested in
the development of television in the
analog era, many of which were
employees of companies engaged in the
manufacturing of television equipment,
that developed the black and white and
subsequently color television systems
used in the United States. See generally
Amendment of the Commission’s Rules
Governing Color Television
Transmissions, Docket No. 10637,
Report and Order, 41 F.C.C. 658 (1953).
We also propose to amend rules that
reference peak power, visual or aural
carriers, or carrier frequencies because
these are technical engineering terms
related to analog television and the rules
are related to analog television
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operations (see 47 CFR 73.653
(Operation of TV aural and visual
transmitters); 73.664(a)–(c) (Determining
operating power); 73.665 (Use of TV
aural baseband subcarriers); 73.667 (TV
subsidiary communications services);
73.669 (TV stereophonic aural and
multiplex subcarrier operation); 73.681
(Definitions) (we propose to delete the
following definitions relating to analog
operations: ‘‘Aural center frequency;’’
‘‘Aural transmitter;’’ ‘‘Baseband;’’
‘‘Frequency departure;’’ ‘‘Frequency
deviation;’’ ‘‘Frequency swing;’’ ‘‘Main
channel;’’ ‘‘Multiplex Transmission
(Aural);’’ ‘‘Peak power;’’ ‘‘Visual
transmitter power’’); 73.682(c) (TV
transmission standards); 73.687(a), (b),
(c) introductory text, (c)(1), and (e)(2)
(Transmission system requirements);
73.688(a) (Indicating instruments);
73.691 (Visual modulation monitoring);
73.699 (TV engineering charts) Figure12
(Figure 12 is referenced only by
73.687(b), which we propose to delete);
73.1350(f)(3) (Transmission system
operation); 73.1540(a) (Carrier frequency
measurements); 73.1545(c), (e), and
Note to (e) (Carrier frequency departure
tolerances); 73.1560 (c)(1)–(2)
(Operating power and mode tolerances);
73.1570 (updating section heading) and
(b)(3) (Modulation levels: AM, FM, TV
and Class A TV aural); 73.1635(a)(5)
(Special temporary authorizations
(STA)); and 73.6024(c) (Transmission
standards and system requirements). We
note that 47 CFR 73.653 was raised in
the ‘‘FM6’’ proceeding (In the Matter of
Amendments of Parts 73 and 74 of the
Commission’s Rules for Digital Low
Power Television and Television
Translator Stations, MB Docket No. 03–
185, Fifth Notice of Proposed
Rulemaking (rel. June 7, 2022), 87 FR
36440 (rel. June 17, 2022), and should
dependence on this rule be required in
that proceeding, we would intend to
add a separate rule specific to FM6
stations rather than retain this generallyapplicable but clearly outdated rule))
and digital TV signals do not have
specific visual or aural carriers. See
generally 47 CFR 73.682(d) (Digital
broadcast television transmission
standard); see also 47 CFR 73.8000
(Incorporation by reference) (each of the
several standards listed in the rule relate
to DTV). We similarly propose to amend
rules and figures which reference the
vertical blanking interval, stereophonic
sound transmission, modulation,
subcarriers of any kind, components of
the picture such as chrominance or
color, or the sound or picture itself
beyond the lines of resolution. These
references are technical engineering
terms related to analog television
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operations since they are related to the
picture derived from an analog visual
carrier or the sound derived from an
analog aural carrier. See 47 CFR
73.621(g) (Noncommercial educational
TV stations—referencing
Telecommunications Service on the
Vertical Blanking Interval and in the
Visual Signal); 73.646
(Telecommunications Service on the
Vertical Blanking Interval and in the
Visual Signal); 73.681 (Definitions)
(proposing to delete definitions and the
Note for ‘‘Amplitude modulation (AM);’’
‘‘BTSC;’’ ‘‘Blanking level;’’
‘‘Chrominance;’’ ‘‘Chrominance
subcarrier;’’ ‘‘Color transmission;’’
‘‘Field;’’ ‘‘Frame;’’ ‘‘Frequency
modulation (FM);’’ ‘‘IRE standard
scale;’’ ‘‘Luminance;’’ ‘‘Monochrome
transmission;’’ ‘‘Multichannel
Television Sound (MTS);’’ ‘‘Negative
transmission;’’ ‘‘Percentage
modulation;’’ ‘‘Pilot subcarrier;’’
‘‘Program related data signal;’’
‘‘Reference black level;’’ ‘‘Reference
white level of the luminance signal;’’
‘‘Scanning;’’ ‘‘Scanning line;’’ ‘‘Visual
carrier frequency;’’ ‘‘Visual
transmitter’’); 73.699 (TV engineering
charts) (Figures 5, 5(a), 6, 7, 8, 13, 14,
15, 16, and 17); 73.1207(b)(2)
(Rebroadcasts—referencing multiplex
subcarrier or telecommunications
service on the vertical blanking
interval); and 73.1590(a)(5) (‘‘TV
stereophonic or subcarrier transmission
equipment’’), (c)(1), and (c)(3)
(Equipment performance
measurements). Section 73.699, Figure
11 (Assumed Ideal Detector Output) is
no longer referenced anywhere else in
the rules, and appears to have been
inadvertently overlooked during a 1984
rule modification which deleted the sole
reference to it from § 73.687(a) (see 49
FR 48305, 48312 (Dec. 12, 1984)), and
we thus propose to delete it. While 47
CFR 73.621(h) (Noncommercial
educational TV stations), which refers to
the transmission of non-program related
data service on ‘‘Line 21,’’ does not
specifically use the term ‘‘visual
blanking interval,’’ ‘‘Line 21’’ refers to
part of the vertical blanking interval,
and thus we propose to delete it. To the
extent such analog rules are superseded
by related requirements for digital
operations, the digital rules are found in
the digital broadcast television standard
documents incorporated by reference in
§ 73.682(d). In addition, a number of
rules we propose to amend have a
digital equivalent elsewhere in the
rules. See § 73.613 (Protection of Class
A TV stations) relates to analog because
Class A protections for digital stations
are in § 73.616(e), which we are
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proposing to move to § 73.620(d).
Sections 73.682(a)(2)–(13) and (15)–(24)
(TV transmission standards) are
replaced by § 73.682(d). Section 73.684
(Prediction of coverage) is in § 73.625
(DTV coverage of principal community
and antenna system), some of which we
are proposing to move into other rule
parts in the proposed reorganization of
our rules; reference in § 73.681 updated
accordingly. The digital equivalent of
§ 73.685(a)–(c) (Transmitter location and
antenna system) is found in
§ 73.625(a)(1)–(3). The digital equivalent
of § 73.685(f) (Transmitter location and
antenna system) is contained in
73.625(c)(3), which applies also to
§§ 73.1690(b)(3) and (c)(3) (Modification
of transmission systems). The digital
equivalent of § 73.687(e)(1)
(Transmission system requirements) is
replaced by § 73.622(h), which we are
proposing to move to § 73.611. The
digital equivalent of § 73.698 (Tables) is
replaced by § 73.623(d)(2), which we are
proposing to move to § 73.622(k).
Section 73.3550(b) (Requests for new or
modified call sign assignments) has a
reference to § 74.783(d), but § 74.791(a)
is the equivalent digital rule.
Accordingly, we are proposing to
replace the reference to 74.783(d) with
74.791(a). The digital equivalent of
§ 73.3572(a)(4) (Processing of TV
broadcast, Class A TV broadcast, low
power TV, TV translators, and TV
booster applications) is replaced by
§ 74.787(a)(4). The digital equivalent of
§ 73.6012 (Protection of Class A TV, low
power TV and TV translator stations) is
found in §§ 73.6017 and 73.6019. The
digital equivalent of § 73.6013
(Protection of DTV stations) is found in
§ 73.6018 (Digital Class A TV station
protection of DTV stations). The digital
equivalent of § 73.6014 (Protection of
digital Class A TV stations) is found in
§ 73.6017. For all of these cases, we
propose to either modify the analog
reference to specify a digital equivalent,
or delete the analog-related rule
entirely. We seek comment on these
proposals.
We also propose to amend rule
section headings and rules in subpart E,
subpart H, and subpart J, to remove
references to DTV and digital television
service since all television services have
transitioned from analog to digital
operations and thus, there is no further
need to differentiate between two
separate kinds of service. For subpart E,
see 47 CFR 73.616(a)–(e) and (g) (Posttransition DTV station interference
protection); 73.621(j) (Noncommercial
educational TV stations); 73.622(a)
introductory text and (a)(2) (also delete
reference to out-of-core-channels), (c)(1),
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(e)(1), (f)(6), (f)(7), (f)(8) (also delete
references to out-of-core channels)
(Digital television table of allotments);
73.623 (updating section heading), (a)–
(f) and (h); (DTV applications and
changes to DTV allotments); 73.624
(updating section heading), (a)–(c) and
(g) (Digital television broadcast
stations); 73.625 (updating section
heading), (a)(1), (b)(1), (b)(3), (c)(4)(i)–
(ii) (DTV coverage of principle
community and antenna system); 73.626
(updating section heading), (a), (c)(1),
(e), (f)(2), (f)(6) (DTV distributed
transmission systems); 73.686(e) (Field
strength measurements). For subpart H,
see 47 CFR 73.1201(b)(1) (Station
identification). And for subpart J, see 47
CFR 73.6010(c) and (d) (Class A TV
station protection contour); 73.6017
(Digital Class A TV station protection of
Class A TV and digital Class A TV
stations); 73.6018 (Digital Class A TV
station protection of DTV stations);
73.6019 (Digital Class A TV protection
of low power TV, TV translator, digital
low power TV and digital TV translator
stations); 73.6022(a) (Negotiated
interference and relocations
agreements); 73.6020 (Protection of
stations in the land mobile radio
service); 73.6023 (Distributed
transmission systems); and 73.6024(d)
(Transmission standards and system
requirements). We also propose to
amend § 73.6024(d) (Transmission
standards and system requirements) to
require stations in the Mexican border
zone to specify a full-service emission
mask in any modification applications
requiring coordination. We also propose
to eliminate provisions of rules and
amend section headings and language
that are obsolete due to the conversion
from analog to digital television
technology, including references to the
analog television booster service in
subpart E and subpart H, since these
services were not carried over into
digital operations. See Part 74 Order at
para. 6 and n.24. For subpart E, see 47
CFR 73.622(d)(1)–(2), Note to (e)(2),
(e)(3), (f)(5), (f)(6), (f)(7), and (f)(8)
(Digital television table of allotments);
73.623(a)–(b), (c)(2), (c)(3), (c)(5), (d),
and (h) (DTV applications and changes
to DTV allotments); 73.624(a), (b)(1)–(2),
(d)–(f) (refer to pre-DTV transition
procedures) (Digital television broadcast
stations); and 73.626(c)(2) (DTV
distributed transmission systems).
Section 73.622(c)(2) states that an
application may be filed for a channel
or community not specified in the DTV
Table of Allotments (formerly
§ 73.622(b)) if it is consistent with the
rules and policies established in Service
Rules for the 746–764 and 776–794 MHz
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Bands, and Revisions to Part 27 of the
Commission’s Rules, WT Docket No.
99–168, Third Report and Order, 16 FCC
Rcd 2703, 2717–18, paras. 34–36 (2001)
(stating that the Commission would
allow stations on channels 59 through
69 to enter into voluntary agreements to
temporarily relocate to channels 52
through 58). Because § 73.622(b) has
been deleted and channels 52 through
58 reallocated for non-broadcast use, we
propose to delete this section of the
rule. Similarly, we propose to delete the
last five sentences of § 73.622(c)(1),
which discuss procedures for filing
applications for channel changes made
in the deleted paragraph (b), DTV Table
of Allotments, citing the MO&O on
Reconsideration of the Sixth R&O, 13
FCC Rcd 7418, (1998), and analog
channel swaps. For subpart H, see 47
CFR 73.1001(c) (Scope); 73.3521
(Mutually exclusive applications for low
power television, television translators
and television booster stations); 73.3525
(Note) (Agreements for removing
application conflicts); 73.3533(a)(5)
(Application for construction permit or
modification of construction permit);
73.3584(a), (c) (Procedure for filing
petitions to deny); 73.3572 (section
heading, (a)(2), (c) and (f)–(g))
(Processing of TV broadcast, Class A TV
broadcast, low power TV, TV
translators, and TV booster
applications); and 73.3598(a)
introductory text (Period of
construction). We propose to amend
§ 73.6026 (Broadcast regulations
applicable to Class A television stations)
to remove references to analog-only
rules applicable to Class A television
stations, consistent with proposals
above. See 47 CFR 73.6026 (delete
reference to § 73.635 (Use of common
antenna site); 73.646
(Telecommunications Service on the
Vertical Blanking Interval and in the
Visual Signal); 73.653 (Operation of TV
aural and visual transmitters); 73.665
(Use of TV aural baseband subcarriers);
73.667 (TV subsidiary communications
services); 73.669 (TV stereophonic aural
and multiplex subcarrier operation); and
73.691 (Visual modulation monitoring).
As discussed infra, we propose to delete
the rules related to the Subscription
Television Service as unnecessary and
no longer in use, and amend 47 CFR
73.664 (Determining operating power),
to remove references to measurement
techniques we believe no longer have
any use in the processing of
applications to determine interference
to other stations or previously filed
applications. We seek comment on these
proposals.
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We also propose to remove from
certain part 74 rules inadvertent
references to DTV and digital television
service, overlooked in the Part 74 Order,
since, with rare exception, all part 74
television services have transitioned
from analog to digital operations and
thus, there is no further need to
differentiate between two separate kinds
of service. See 47 CFR 74.792(b) (Low
power TV and TV translator station
protected contour); 74.793(e), (g)–(h)
(Low power TV and TV translator
station protection of broadcast stations);
and 74.794 (section heading, paragraph
(b) introductory text, (b)(1), and (b)(2)
(Digital emissions). We also propose to
delete the second sentence in 47 CFR
74.793(b) (Low power TV and TV
translator station protection of broadcast
stations), given the fact that we propose
to delete the analog threshold
interference levels in 47 CFR
73.623(c)(2) (DTV applications and
changes to DTV allotments) and
therefore there is no need to distinguish
digital operations. We note that a small
number of TV translator stations
licensed to the State of Alaska (the
Alaska translator stations) remain
operating in analog pursuant to a
Commission waiver of the analog
termination date. See State of Alaska—
Request for Waiver of Section 74.731(m)
of the Commission’s Rules, 36 FCC Rcd
10765 (2021); see also Letter to State of
Alaska from Barbara A. Kreisman, Chief,
Video Division (Jan. 26, 2022), a copy of
which is available at LMS File Nos.
0000179529, 0000179531, 0000179528,
0000179535, 0000179536, 0000179527,
0000179526, 0000179534, and
0000179533; see also Letter to State of
Alaska from Barbara A. Kreisman, Chief,
Video Division (July 15, 2022), a copy
of which is available at LMS File Nos.
0000194718, 0000194713, 0000194714,
0000194717, 0000194716, 0000194712,
and 0000194715 (extending the tolling
through October 3, 2022). We
understand the licensee of these
translator stations is actively
transitioning and anticipates
terminating analog service in the near
future. In the event any of the Alaska
translator stations have not completed
their digital transition by the effective
date of these rule changes discussed
herein, we direct the Media Bureau to
follow appropriate procedures to
impose any necessary conditions on the
station’s authorization to continue
analog operations.
We also propose to remove references
to an element of the Table of Allotments
that has been previously updated.
Applicants for full power digital
broadcast stations may only apply to
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construct on channels designated in a
codified Table of Allotments and only
in the communities listed therein. See
47 CFR 73.622(c)(1). To accommodate
the analog to digital television
transition, the Commission adopted
§ 73.622(b) (DTV Table of Allotments) in
1997 to allot a paired DTV channel to
each analog television licensee and
permittee. See 47 CFR 73.622(b) (2018)
(DTV Table of Allotments); Advanced
Television Systems and Their Impact
Upon the Existing Television Broadcast
Service, MM Docket No. 87–268, Sixth
Report and Order, 12 FCC Rcd 14588
(1997) (Sixth Report and Order),
Memorandum Opinion and Order on
Reconsideration of the Sixth Report and
Order, 13 FCC Rcd 7418 (1998) (MO&O
on Reconsideration of the Sixth R&O).
The Commission later deleted
§ 73.622(b), as well as the analog TV
Table of Allotments previously found in
§ 73.606, when it adopted § 73.622(i)
(Post-Transition Table of Allotment).
See 47 CFR 73.622(i); Amendment of
Parts 27, 54, 73, 74, and 76 of the
Commission’s Rules to Delete Rules
Made Obsolete by the Digital Television
Transition, MB Docket No. 17–105,
Order, 33 FCC Rcd 863 (2018). The
rules, however, continue to refer to
‘‘Appendix B,’’ which specified the
service area that must be protected for
each channel allotted in § 73.622(b)
during most of the transition period,
and set forth the maximum effective
radiated power (ERP) and antenna
height above average terrain (HAAT) for
each allotment in the ‘‘initial’’ DTV
table, i.e., § 73.622(b). We therefore
propose to remove references to
‘‘Appendix B’’ in our rules. Appendix B,
and a description of its use and
contents, is in the Sixth Report and
Order, 12 FCC Rcd at 14693–754.
Corrections were made to Table 2 of
Appendix B in the MO&O on
Reconsideration. We note that
§ 73.622(f)(3)(i) and (ii) both refer to
policies specific to Appendix B, and
thus propose to delete them. We seek
comment on these proposals.
We propose to amend § 73.612 to
remove references to distance
separations, which outside of new
allotment proceedings are not used in
digital TV. See 47 CFR 73.612(a)–(b) and
Note (Protection from interference). This
rule is obsolete, as TV stations are now
protected using OET Bulletin No. 69.
See 47 CFR 73.616(d) (Post-transition
DTV station interference protection). We
propose to delete § 73.615 because the
Commission staff’s current practice
provides additional precision beyond
what the text of the current rule requires
since the staff now issues authorizations
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based on the more precise kW value as
opposed to dBk and does not round
HAAT values as described in this rule.
See 47 CFR 73.615 (Administrative
changes in authorizations). For example,
a station authorized at 30 dBk (decibels
above 1 kW) would operate at 1000 kW,
while a station at 29.9 dBk consistent
with the current rule would operate at
approximately 977 kW. The Media
Bureau (Bureau), however, authorizes
stations today based on kW, allowing a
station to be authorized at an
intermediate value such as 990 kW. The
Bureau’s current practice therefore
provides more precision. For the same
reason, we propose to remove the dBk
reference in § 73.614(a) (Power and
antenna height requirements). We
propose to delete § 73.622(g)(2), which
pertains to protection of analog TV
signals by an upper-adjacent digital
signal. See Advanced Television
Systems and Their Impact Upon the
Existing Television Broadcast Service,
MM Docket No. 87–268, Memorandum
Opinion and Order on Reconsideration
of the Sixth Report and Order, 13 FCC
Rcd 7418, 7467, para. 120 (1998). We
propose to delete § 73.1620(f) (Program
tests) since it refers to a policy of
allowing 1000 watt UHF translators on
vacant allotments, a policy which was
ended prior to 1984 (see Low Power
Television and Television Translator
Service, MM Docket No. 83–1350,
Report and Order, 102 F.C.C.2d 295, 311
(1984) (indicating that § 73.3516(c)
should have been modified at the time
when LPTV rules were adopted, which
is the rule part that 73.1620(f) refers to),
and to delete from § 73.6024(b)
(Transmission standards and system
requirements) a reference to § 74.736, as
that section was recently eliminated by
the Commission in the Part 74 Order.
See Part 74 Order. We also propose to
delete §§ 73.685(g) (Transmitter location
and antenna system) and 73.6025(b)
(Antenna system and station location)
because these rules were adopted many
decades ago for the analog era and are
not relevant to or used in the digital
environment. See 28 FR 13572, 13678–
79 (rel. Dec. 14, 1963) (§ 73.685 (1963)).
We seek comment on these proposals.
Updates and Corrections to the Full
Power and Class A Rules
We also propose to make other
updates and corrections to the full
power and Class A rules. We propose to
update the reference to the 2000 census
population data found in § 73.616(d)(1)
to reflect a reference to the most recent
official decennial U.S. Census
population data, which conforms
paragraph (d)(1) to the language in
§ 73.616(e)(1). See 47 CFR 73.616(d)(1)
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(Post-transition DTV station interference
protection). This language was
inadvertently not included in paragraph
(d)(1). See Authorizing Permissive Use
of the ‘‘Next Generation’’ Broadcast
Television Standard, GN Docket No. 16–
142, Notice of Proposed Rulemaking, 32
FCC Rcd 1670, 1696–97, para. 59 (2017)
(in proposing to adopt § 73.616(e)(1), the
Commission stated that ‘‘[w]e propose
to update the Commission’s rules
regarding acceptable levels for
interference resulting from a
broadcaster’s application for new or
modified facilities’’); Authorizing
Permissive Use of the ‘‘Next
Generation’’ Broadcast Television
Standard, GN Docket No. 16–142,
Report and Order and Further Notice of
Proposed Rulemaking, 32 FCC Rcd
9930, 9986–88, para. 114 (2017) (in
adopting the rule, the Commission
stated that ‘‘[a]fter the repacking process
is complete, any broadcast television
service or interference calculations will
be based on the 2010 U.S. Census
statistics, until after 2020, when the
next U.S. Census statistics are
scheduled to become available and the
Media Bureau subsequently announces
the date of application of such data’’).
We also propose to make a similar
revision in 47 CFR 73.686(c)(1)(i) to
conform the rule to 47 CFR 73.616. As
part of our reorganization, we propose
to relocate § 73.616(d) (Post-transition
DTV station interference protection)
into a new § 73.620. We propose to
amend references to the ‘‘Table of
Allotments’’ in § 73.622(j) to the ‘‘Table
of TV Allotments’’ in all places where
it is referenced in subpart E (see 47 CFR
73.622 (section heading and (a)) (Digital
television table of allotments);
73.623(d), (f), and (h) (DTV applications
and changes to DTV allotments)) and in
subpart H, for continuity. See 47 CFR
73.1015 (Truthful written statements
and responses to Commission inquiries
and correspondence). We also propose
to update the reference to FM Table of
Allotments to ‘‘Table of FM Allotments’’
in 47 CFR 73.1015 to reflect the name
of the table in 47 CFR 73.202(b). We
propose to amend § 73.622(j) to reflect a
channel substitution previously adopted
upon notice and comment rulemaking
that was adopted shortly before the
current version of the Table of TV
Allotments was adopted. On June 12,
2021, the Media Bureau issued a Notice
of Proposed Rulemaking in response to
a petition filed by KTUL Licensee, LLC,
the licensee of KTUL, Tulsa, Oklahoma,
requesting the substitution of channel
14 for channel 10 at Tulsa in § 73.622(i),
the DTV Table of Allotments.
Amendment of Section 73.622(i), Post-
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Transition Table of DTV Allotments,
Television Broadcast Stations (Tulsa,
Oklahoma), MB Docket No. 21–9,
Notice of Proposed Rulemaking, 36 FCC
Rcd 157 (Vid. Div. 2021) (Tulsa NPRM).
In the Tulsa NPRM, the Bureau noted
that the Commission had completed the
incentive auction and broadcast
television spectrum repacking
authorized by the Spectrum Act and
that the Bureau would amend the rules
to reflect all new full power channel
assignments in a revised Table of
Allotments. Because the Table had not
yet been amended, however, the Bureau
continued to refer to § 73.622(i) for the
purpose of the Tulsa proceeding. Id. at
157, n.1. The Bureau adopted a Report
and Order amending § 73.622(i) to
substitute channel 14 at Tulsa,
Amendment of Section 73.622(i), PostTransition Table of DTV Allotments,
Television Broadcast Stations (Tulsa,
Oklahoma), MB Docket No. 21–9,
Report and Order, DA 21–1161 (rel.
Sept. 16, 2021), and shortly thereafter
the Commission adopted the Table of
TV Allotments, which superseded
§ 73.622(i). October 2021 Order at para.
8. The amendment to § 73.622(j) reflects
this channel substitution. We propose to
amend certain rules in subpart E to add
common abbreviations used elsewhere
in the Commission’s rules and forms.
See, e.g., 47 CFR 73.614(a) (adding
abbreviations for ‘‘ERP’’ and ‘‘HAAT’’)
(Power and antenna height
requirements); and 73.625(a)(1) (adding
abbreviations for ‘‘ERP’’ and ‘‘HAAT’’)
(DTV coverage of principal community
and antenna system). We propose to
amend certain rules in subpart H and
subpart I to provide full power and
Class A licensees and permittees with
accurate information about current
Commission forms and filing
procedures, including the removal of
obsolete forms. See 47 CFR 73.1250(e)
(Broadcasting emergency information);
73.1350(h) (Transmission system
operation); 73.1560(a)(1) and (d)
(Operating power and mode tolerances);
73.1615(c) (Operation during
modification of facilities);
73.1620(a)(1)–(3) (Program tests);
73.1635(a)(2)–(3) (Special temporary
authorizations (STA)); 73.1675(b)
(Auxiliary antennas); 73.1690(b) and
(c)(3) (Modification of transmission
systems); 73.1740(a)(4) (Minimum
operating schedule); 73.1750
(Discontinuance of operation);
73.2080(c)(6) and (f) (deleting the
references to obsolete Form 397 and
updated the names of forms) (Equal
employment opportunities (EEO));
73.3500 (Application and report forms);
73.3533(a)(1) and (a)(4)–(a)(7)
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(Application for construction permit or
modification of construction permit);
73.3536(b)–(c) (Application for license
to cover construction permit);
73.3540(c)–(f) (Application for
voluntary assignment or transfer of
control); 73.3541(b) (Application for
involuntary assignment of license or
transfer of control); 73.3544(b)–(c)
(Application to obtain a modified
station license); 73.3578(b)
(Amendments to applications for
renewal, assignment or transfer of
control); 73.3587 (Procedure for filing
informal objections); 73.3549 (Requests
for extension of time to operate without
required monitors, indicating
instruments, and EAS encoders and
decoders); 73.3550(a) and (j) (also
adding ‘‘–DT’’ suffix in (a), (f), (k), and
(m) (Requests for new or modified call
sign assignments). The Commission has
acknowledged the use of the ‘‘–DT’’
suffix in prior rulemakings. In 2004, the
Commission permitted stations
simulcasting their analog programming
on their digital channel to make station
identification announcements
simultaneously for both stations as long
as the identification included both call
signs ‘‘(e.g., ‘‘WXXX–TV and WXXX–
DT’’).’’ See Second Periodic Review of
the Commission’s Rules and Polices
Affecting the Conversion to Digital
Television, MB Docket No. 03–15,
Report and Order, 19 FCC Rcd 18279,
18355, para. 173 (2004) (subsequent
citations omitted) (Second Periodic
Review); see also Digital Transition Call
Sign Procedures, Public Notice, 24 FCC
Rcd 7617 (MB 2009). We also propose
to update 47 CFR 73.3598(c) (Period of
construction); 73.5005(a) (Filing of longform applications); and 73.5006(b)
(Filing of petitions to deny against longform applications). We note that the
numbering of our forms has changed
with the transition of the Commission’s
broadcast licensing database from the
Consolidated Database System (CDBS)
to the Licensing and Management
System (LMS).
We propose to update § 73.1030 to
reflect updated contact information for
the National Radio Astronomy
Observatory site and the Radio
Frequency Management Coordinator.
See 47 CFR 73.1030(a)(1) and (b)(2)
(Notifications concerning interference to
radio astronomy, research and receiving
installations). We propose to delete
§ 73.682(a)(1) as duplicative of
§ 73.624(a) and thus, unnecessary. See
47 CFR 73.682(a)(1) (TV transmission
standards) and 47 CFR 73.624(a) (Digital
television broadcast stations) (both
noting the width of a television channel
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is 6 MHz). We seek comment on these
proposals.
We also propose to make amendments
to correct typographical errors in words
and cross-references that contain
incorrect rule citations. 47 CFR
73.616(e)(1) (Post-transition DTV station
interference protection); 73.622(c)(1)
(Digital television table of allotments);
73.623(c)(5)(iii), (d)(1), (d)(4) (DTV
applications and changes to DTV
allotments); 73.624(g) (Digital television
broadcast stations); 73.625(c)(5) (cites to
73.622(f)(4) which is irrelevant to
electrical beam tilt) (DTV coverage of
principal community and antenna
system); 73.626(c)(2) (DTV distributed
transmission systems); 73.681
(definition for ‘‘Antenna height above
average terrain’’ corrected to update rule
cross-reference) (Definitions); 73.682(d)
(TV transmission standards);
73.683(c)(3) (Field strength contours
and presumptive determination of field
strength at individual locations);
73.1217 (Broadcast hoaxes); 73.1250
(Broadcasting emergency information);
73.1615(b)(3) (Operation during
modification of facilities); 73.1690(b)(3)
and (c)(3) (Modification of transmission
systems); 73.3550(b) and (i) (Requests
for new or modified call sign
assignments); 73.5007(b)(3)(v)
(Designated entity provisions);
73.3578(b) (Amendments to
applications for renewal, assignment or
transfer of control); 73.6018 (Digital
Class A TV station protection of DTV
stations); 74.793(g) (Low power TV and
TV translator station protection of
broadcast stations); and 73.4060(a)
(Citizens agreements). We propose to
delete repetitive language within a rule.
See 47 CFR 73.623(e) (DTV applications
and changes to DTV allotments). We
also propose to revise § 73.682(d) to
break the existing paragraph into
paragraphs, without altering its content,
in order to make the paragraph more
accessible to licensees and the public.
See proposed 47 CFR 73.682(d)(1)–(4)
(TV transmission standards). We also
propose to remove citations to sections
of the Communications Act in proposed
§ 73.682(d)(3)(ii) relating to the
organization and functions of the
Commission that we believe were
inadvertently included in the rule, as
well as the physical address of ATSC in
favor of solely providing an updated
web address (https://www.atsc.org/
documents/atsc-1-0-standards/). We
also propose to update the physical
address of ATSC in 47 CFR 73.8000
(Incorporation by reference). In
addition, we propose to eliminate notes
to rules and shift the language into the
text of the relevant rule to conform to
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the publishing conventions of the
Administrative Committee of the
Federal Register. See 47 CFR 73.682
(TV transmission standards); 73.1216
(Licensee-conducted contests); 73.1217
(Broadcast hoaxes); and 73.3525
(Agreements for removing application
conflicts). We seek comment on these
proposals.
We propose to delete § 73.685(e)
(Transmitter location and antenna
system) because it is redundant with
§ 73.625(c)(2) (antenna system), and
contains certain requirements regarding
directional antennas which are no
longer in use. We propose to delete
§ 73.622(f)(2) as obsolete, since all
applications are now evaluated for
interference using OET Bulletin No. 69.
See 47 CFR 73.622(f)(2) (Digital
television table of allotments). See also
47 CFR 73.616(d) (Post-transition DTV
station interference protection), which
requires applications to pass an analysis
with OET Bulletin No. 69. We also
propose to delete § 73.6027 as
duplicative and unnecessary. That rule
provides that Class A television station
must comply with § 73.1030 of the
rules. See 47 CFR 73.6027 (Class A TV
notifications concerning interference to
radio astronomy, research and receiving
installations). Section 73.1030, however,
is already applicable to Class A stations.
See 47 CFR 73.1030 (Notifications
concerning interference to radio
astronomy, research and receiving
installations). Class A licensees are
required to comply with all part 73
regulations except for those that cannot
apply for technical or other reasons.
Establishment of a Class A Television
Service, MM Docket No. 00–10, Report
and Order, 15 FCC Rcd 6355, 6365,
para. 23 (2000) (Class A Report and
Order). We also propose to place a
reference to § 73.1030 in § 73.6026
(Broadcast regulations applicable to
Class A television stations), which lists
rules that apply to Class A by reference.
We similarly propose to delete the last
sentence of 73.6020 (Protection of
stations in the land mobile radio
service) with respect to land mobile
radio service (LMRS) operations on
channel 16 in New York, as it is
duplicative of the reference to § 74.709
in the first sentence of 73.6020, since
§ 74.709 requires protection of channel
16 in New York. We also propose to
streamline § 73.6000 by amending the
rule, after deleting the analog content, to
simplify and shorten the language
without further altering the meaning or
content. See 47 CFR 73.6000
(Definitions—because we propose to
delete paragraph (1) supra, we propose
to delete the number (2), but retain the
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text). We seek comment on these
proposals.
We also seek to add an explanatory
note to § 73.623 to reference and explain
the existence of a granted waiver with
respect to the community of Los
Angeles, California. See 47 CFR 73.623
(DTV applications and changes to DTV
allotments). A similar explanatory note
was added to § 74.709 in the
Commission’s Part 74 Order at para. 8.
Section 73.623 requires television
stations to protect certain channels for
use by LMRS in thirteen U.S. cities
listed in the rule. In 2008, the
Commission’s Public Safety and
Homeland Security Bureau (PSHSB)
granted a waiver pursuant to § 337(c) of
the Communications Act, as amended,
allowing the County of Los Angeles to
use channel 15 in Los Angeles for
public safety communications. See
Request for Waiver of the Commission’s
Rules to Authorize Public Safety
Communications in the 476–482 MHz
Band (County of Los Angeles,
California), Order, 23 FCC Rcd 18389
(PSHSB 2008). Because this channel is
adjacent to two channels contained in
§ 73.623, we believe the public interest
is served by including a note explaining
the existence of the 2008 waiver. We
seek comment on these proposals.
Post-Incentive Auction Licensing and
Operation (§ 73.3700)
Section 73.3700(a)(2) includes
licensing and procedural rules for
television stations during the postincentive auction transition. The
incentive auction closed on April 13,
2017 (Incentive Auction Closing and
Channel Reassignment Public Notice:
The Broadcast Television Incentive
Auction Closes; Reverse Auction and
Forward Auction Results Announced;
Final Television Band Channel
Assignments Announced; Post-Auction
Deadlines Announced, GN Docket No.
12–268, Public Notice, 32 FCC Rcd 2786
(WTB/MB 2017) (Channel Reassignment
Public Notice), and thus, we propose to
amend § 73.3700(a)(2) to add the
citation to the Channel Reassignment
Public Notice that was released by the
Commission’s Media and Wireless
Telecommunications Bureaus and
Incentive Auction Task Force
announcing the completion of the
auction and deadlines for stations
assigned new channels through the
repacking process to terminate
operations on pre-auction channels. See
47 CFR 73.3700(a) (Definitions), and
(a)(2) (Channel reassignment public
notice). We also propose to delete as
obsolete certain definitions that relate to
the bid options that were available to
full power and Class A television
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broadcasters eligible to participate in
the incentive auction that closed on
April 13, 2017. See 47 CFR 73.3700(a)
(Definitions), (6) (High-VHF-to-LowVHF station), (7) (License
relinquishment station), and (17) (UHFto-VHF station). We also propose to
delete as obsolete procedural rules that
governed the post-incentive auction
period for stations to transition off their
pre-auction channel, which ended on
July 13, 2020, including the portions of
the rule pertaining to the special postincentive auction displacement filing
window which closed on June 1, 2018
and applied to low power television and
television translator stations displaced
by the auction. See 47 CFR 73.3700(b)
(Post-auction licensing), (c) (Consumer
education for transitioning stations), (d)
(Notice to MVPDs), and (g) (Low Power
TV and TV translator stations).We retain
those portions of the rule pertaining to
the small number of stations that are
still engaged in constructing final
facilities on their post-auction channel
assignments and to the TV Broadcaster
Relocation Fund. See 47 U.S.C.
1452(j)(1)(A)–(B); see also Incentive
Auction Task Force and Media Bureau
Report on the Status of the PostIncentive Auction Transition and
Reimbursement Program; Announce a
Further Allocation from the Relocation
Fund; and Announce Procedures for
Eligible Entities to Close Out Accounts
in the Fund, Public Notice, 34 FCC Rcd
304, 312, para. 26 (2019); Expanding the
Economic and Innovation Opportunities
of Spectrum Through Incentive
Auctions, Report and Order, 29 FCC Rcd
6567, 6825–26, paras. 632–36 (2014).
We seek comment on these proposals.
Updates to Listing of FCC Policies
Sections 73.4000 et seq provide
certain FCC policies and citations
related to all broadcast stations for the
purpose of reference and convenience.
Section 73.4000 addresses the fact that
the present listing of FCC policies and
citations contained in 73.4000 et seq
may not be an all-inclusive list. We
propose to also include cautionary
language in the rule to note that
subsequent decisions or actions may
exist. We seek comment on this
proposal. We also propose to amend a
number of rules in §§ 73.4000 et seq that
are now obsolete or otherwise require
updates. For instance, the Commission
no longer uses comparative hearings to
award commercial broadcast licenses so
§ 73.4082 related to such proceedings is
obsolete. See 47 CFR 73.4082
(Comparative broadcast hearings—
specialized programming formats). The
Commission no longer resolves
mutually exclusive broadcast
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applications through comparative
hearings but rather now uses
competitive bidding procedures. See 47
CFR 73.5000 et seq (procedures for
competitive bidding); Implementation of
Section 309(j) of the Communications
Act; Competitive Bidding for
Commercial Broadcast and
Instructional Television Fixed Service,
MM Docket No. 97–234, First Report
and Order, 13 FCC Rcd 15920 (1998)
(subsequent citations omitted)
(Competitive Bidding First R&O). We
propose to remove or update rules that
implicate audio services that are
obsolete or require updates. Section
73.4017 is proposed to be removed
because these policies have been
replaced by competitive bidding
procedures in §§ 73.5000–73.5009. See
47 CFR 73.4017 (Application
processing: Commercial FM stations); 47
CFR 73.5000–73.5009; Competitive
Bidding First R&O, at 15972, para. 137
(1998). Section 73.4100 and § 73.4101
are proposed to be retained and
amended to add a more recent policy
pronouncement from 1981 and 1987.
See 47 CFR 73.4100 (Financial
qualifications; new AM and FM
stations) and 73.4101 (Financial
qualifications, TV stations); Revision of
Application for Construction Permit for
Commercial Broadcast Station (FCC
Form 301), Memorandum Opinion and
Order, 50 R.R.2d 381, para. 6 (1981) and
Certification of Financial Qualification
by Applicants for Broadcast Station
Construction Permits, Public Notice, 2
FCC Rcd 2122 (1987). Section 73.4107 is
proposed to be eliminated as the cited
documents refer to a completed
proceeding. All of the cited documents
concern the rollout and implementation
of Docket 80–90 and the 689 FM
allotments adopted therein. The
allotments have been established, the
proceeding is terminated, and we
believe there is no public interest served
by listing the cited documents in the
policy statement. See 47 CFR 73.4107
(FM broadcast assignments, increasing
availability of). We also propose to
eliminate § 73.4108 because this
requirement was eliminated for FM
stations. See 47 CFR 73.4108 (FM
transmitter site map submissions); 1998
Biennial Regulatory Review—
Streamlining of Mass Media
Applications, Rules, and Processes, MM
Docket Nos. 98–43 and 94–149, Report
and Order, 13 FCC Rcd 23056, 23082,
para. 60 (1998) (rejecting the suggestion
that the Commission continue to require
the filing of site maps, finding it to be
an ‘‘unnecessary expense for
applicants’’ ‘‘in most instances’’). And
we propose to update rules to reflect the
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availability of newer versions of
procedures and Commission orders. See
47 CFR 73.4210 (Procedure Manual:
‘‘The Public and Broadcasting’’) (The
rule is tentatively updated to reflect a
newer version of the procedure manual,
which is available at: https://
www.fcc.gov/media/radio/public-andbroadcasting); 73.4267 (Time brokerage)
(The revisions to the rule propose to
remove outdated citations and add
citations to reflect current policy). See
Review of the Commission’s Regulations
Governing Attribution of Broadcast and
Cable/MDS Interests, MM Docket Nos.
94–150, 92–51, 87–154, Report and
Order, 14 FCC Rcd 12559 (1999). See
also 47 CFR 73.3555, Note 2(j). We also
propose to update certain rules to reflect
the subsequent passage of legislation
and the later Commission revision of the
relevant policy. See 47 CFR 73.4055
(Cigarette advertising) (tentatively
updated to reflect that in 1986, Congress
extended the ban to include
advertisements for smokeless tobacco
products. See 15 U.S.C. 4402(c)). We
seek comment on these proposals.
Deletion of Obsolete Language Due to
Passage of Time and Changes in
Commission Policy
The Class A television service was
authorized by passage of the
Community Broadcasters Protection Act
of 1999 (CBPA), pursuant to which
eligible LPTV stations could obtain
partial qualified primary status. See
Community Broadcasters Protection Act
of 1999, Public Law 106–113, 113 Stat.
Appendix I at pp. 1501A–594—1501A–
598 (1999), codified at 47 U.S.C. 336(f)
(CBPA). The CBPA was enacted on
December 31, 1999, and in
implementing the Act in 2000, the
Commission gave eligible stations until
May 1, 2000, to file an application for
a Class A license. Class A Report and
Order; Memorandum Opinion and
Order on Reconsideration, 16 FCC Rcd
8244 (2001). Stations that were
authorized or applications that were no
longer subject to the filing of competing
applications prior to passage of the
CBPA were not required to protect
analog LPTV stations that became Class
A stations with passage of the CBPA on
November 29, 1999. All of the LPTV
stations that became analog Class A
stations and are still operating are now
digital Class A stations. Accordingly,
this note to § 73.613(a) is now obsolete
and we propose to delete it. See 47 CFR
73.613 (Note to 73.613(a)) (Protection of
Class A TV Stations). Section 73.6018
provides, in part, that Class A television
stations were required to protect any
pre-transition DTV applications filed
before December 31, 1999, or between
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December 31, 1999 and May 1, 2000.
Because the time for filing such pretransition DTV applications is long past
and none remain pending, we
tentatively conclude that we should
delete this language. See 47 CFR
73.6018 (Digital Class A TV protection
of DTV stations). We also propose to
delete references to digital and DTV. In
addition, now that May 1, 2000 is past,
the final sentence in 73.623(c)(5) is
rendered obsolete through the passage
of time and we propose to delete it. 47
CFR 73.623(c)(5) (DTV applications and
changes to DTV allotments). We believe
this deletion is further supported by the
fact that the Commission previously
stated ‘‘Section 73.623 is amended by
revising paragraph (a) as follows and
deleting paragraphs (c) and (g).’’
(emphasis added). This was also
reflected in the Federal Register
publication, 86 FR 66193 (Nov. 22,
2021), which states ‘‘Section 73.623 is
amended by revising paragraph (a) and
by removing and reserving paragraphs
(c) and (g).’’ (emphasis added). 86 FR
66193, 66209 (Nov. 22, 2021). While
references to the section were deleted,
the paragraph remains in the rules. We
seek comment on these proposals.
Section 73.6019 provides, in part, that
Class A stations that were reassigned a
new channel in connection with the
incentive auction were not required to
protect low power television or TV
translator stations in the applications
they filed for a construction permit for
the channel specified in the April 13,
2017 Channel Reassignment Public
Notice. 47 CFR 73.6019 (Digital Class A
TV station protection of low power TV,
TV translator, digital low power TV and
digital TV translator stations), citing
§ 73.3700(b)(1). Those applications were
required to be filed by July 12, 2017,
absent a waiver. Channel Reassignment
Public Notice, 32 FCC Rcd at 2809, para.
70. Such waiver requests were required
to be submitted no later than June 12,
2017 and all such requests have been
disposed of in decisions that are now
final. Id. Thus, we propose to delete that
portion of the rule as obsolete. We seek
comment on this proposal.
Section 73.6022 provides that Class A
stations displaced by channel allotment
changes by a DTV station could
negotiate to exchange channels with the
DTV station, subject to certain
conditions. 47 CFR 73.6022 (section
heading and (b)) (Negotiated
interference and relocation agreements).
Class A stations were subject to
displacement only as the result of
‘‘engineering solutions’’ by full power
television stations to resolve ‘‘technical
problems’’ in replicating or maximizing
the full power television station’s digital
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service area during the digital transition.
See Freeze on the Filing of Applications
for Digital Replacement Translator
Stations and Displacement
Applications, Public Notice, 29 FCC Rcd
6063 (2014), citing Class A Report and
Order, 15 FCC Rcd at 6380–81, paras.
61–64 (subsequent citations omitted).
Because the digital transition is
complete, any such displacements were
necessarily already identified and
resolved. Accordingly, we tentatively
conclude that we should delete
paragraph (b) of the rule as obsolete. We
seek comment on that tentative
conclusion.
We also propose to amend
§ 73.1020(a) to delete dates in the past
and include the applicable dates for
future license renewal cycles. Section
73.1020(a) provides, in part, the default
time of expiration for initial and
renewal broadcast licenses by state.
Specifically, the default time of
expiration for such licenses will be 3
a.m., local time, on certain enumerated
dates and thereafter at 8-year intervals
for radio and TV broadcast stations
depending on location. Because the
dates specified in the current rule for
filing such renewal applications are
now in the past, we propose to amend
the rule to update the license expiration
dates for the next renewal cycle. We
seek comment on that proposal. In
addition, we propose to remove as
obsolete language from § 73.1020(b) that
refers to the cutoff date for the filing of
applications mutually exclusive with
renewal applications that are filed on or
before May 1, 1995 and no such
applications are on file. See 47 CFR
73.1020(b) (Station license period). See
also Reading Broadcasting, Inc., for
Renewal of License of Station
WTVE(TV), Channel 51 Reading,
Pennsylvania and Adams
Communications Corporation, for
Construction Permit for a New
Television Station to Operate on
Channel 51, Reading, Pennsylvania,
MM Docket No. 99–153, 17 FCC Rcd
14001, para. 1 (2002) (In this decision,
the Commission explained that it was
‘‘dispos[ing] of the last remaining
‘‘comparative renewal’’ proceeding, in
which an incumbent licensee faces a
comparative challenge from a
construction permit applicant for the
same facilities. Congress, by Act of
February 8, 1996, Public Law 104–104,
110 Stat. 56, codified as 47 CFR
309(k)(4), prohibited the comparative
consideration of renewal applicants
filed after May 1, 1995.’’). We seek
comment on this proposal.
Similarly, we propose to remove as
obsolete due to the passage of time
§ 73.3598(b)(3), which provides that the
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period of construction for an original
construction permit will toll for certain
reasons of international coordination
during the DTV transition, which is now
complete. We propose to delete
language in proposed § 73.682(d)(1) that
specifies that digital standards
incorporated by reference into the
Commission rules became effective
October 11, 2011, as the specific start
date is now obsolete. See proposed
§ 73.682(d)(1) (TV transmission
standards). We also delete references to
DTV and digital. We also propose to
remove as obsolete the portion of
§ 73.3572(a)(3) that provided a window
that expired October 1, 2000 for certain
proposed minor change applications.
We also propose to delete provisions
that reference the comparative hearing
process, which no longer exists. See 47
CFR 73.1620 (Program tests) (g)(1)–(3)
(Reports required); 73.3519(a)
(Repetitious applications) (the last
sentence of paragraph (a) that applicants
whose applications have been denied in
a comparative hearing may apply
immediately for another available
facility); and § 73.4082 (Comparative
broadcast hearings—specialized
programming formats). We also propose
to delete § 73.3523, the first sentence of
§ 73.3516(e), and the second sentence of
§ 73.3516(e)(1), which deal with
obsolete procedures regarding mutually
exclusive proceedings for renewal
applications filed prior to May 1, 1995.
We also propose to delete the first
clause of 47 CFR 73.3525(a)
(Agreements for removing application
conflicts), which cross-references
§ 73.3523. In addition, we propose to
delete the second sentence of
§ 73.3533(b), which discusses an
obsolete procedure for filing
construction permit extension
applications. Specifically, that rule
refers to § 73.3534, which specified
three factors that could justify an
extension of a construction permits. See
47 CFR 73.3534. See also Application of
Mansfield Christian School, 10 FCC Rcd
12589, 12590, para. 5 (1995). That
section, however, was deleted in 2004.
See 69 FR 72043 (Dec. 10, 2004). We
seek comment on these proposals.
We propose to delete obsolete
language in § 73.664(c)(3)(iii)
concerning the certification of
equipment. The FCC no longer ‘‘type
accepts’’ equipment, having overhauled
the process to allow private parties to
verify such equipment meets FCC
requirements, and the results of such
verifications do not need to be
submitted to the FCC. See 47 CFR
73.664(c)(3)(iii) (Determining operating
power). Currently, there are two
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procedures used for RF device
equipment authorization: SDoC and
Certification. See 47 CFR 2.906
(Supplier’s Declaration of Conformity)
and 2.907 (Certification); see also Office
of Engineering & Technology (OET),
Equipment Authorization, https://
www.fcc.gov/engineering-technology/
laboratory-division/general/equipmentauthorization (last visited Aug. 9, 2022).
On July 14, 2017, the Commission
amended its radiofrequency equipment
authorization rules. Amendment of
Parts 0, 1, 2, 15, and 18 of the
Commission’s Rules Regarding
Authorization of Radiofrequency
Equipment, ET Docket No. 15–170, First
Report and Order, 32 FCC Rcd 8746
(2017) (SDoC Order). The adopted rules
phased out the Verification and
Declaration of Conformity equipment
authorization procedures and replaced
them with a new equipment
authorization procedure, the SDoC.
Federal Communications Commission,
Authorization of Radiofrequency
Equipment, 82 FR 50820 (Nov. 2, 2017).
A device authorized under previously
accepted procedures remains authorized
and may be marketed or used if it
continues to meet the requirements
attendant to that authorization. We also
propose to modify text throughout
§ 73.664 in order to remove references to
analog operations such as references to
the visual transmitter and to peak
power. We propose to retain the
remainder of this section that continues
to provide important information for
measuring transmitter operating power
even in the post-transition context. We
similarly propose to retain § 73.688
while removing similar references to the
visual transmitter. We seek comment on
these proposals.
We propose to delete §§ 27.60 (TV/
DTV interference protection criteria)
and 27.1310 (Protection of Broadcast
Television Service in the 600 MHz band
from wireless operations), which
concern the protection of TV stations on
certain channels by wireless services.
All of these protections are for channels
above channel 37, and thus are no
longer relevant because the completion
of the digital TV transition and the
incentive auction and repacking process
reassigned channels in that range for
wireless use. We seek comment on this
proposal.
Reorganization of Subpart E—
Television Broadcast Stations
Full power television began to
transition to digital with the passage of
the Telecommunications Act of 1996,
and ended on June 12, 2009, when full
power television stations commenced
digital-only operations. See Advanced
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Television Systems and Their Impact
upon the Existing Television Broadcast
Service, MM Docket No. 87–268, 12 FCC
Rcd 12809 (1997) (Implementing
television broadcast portions of the
Telecommunications Act of 1996)
(subsequent citations omitted); see
Telecommunications Act of 1996,
Public Law 104–104, 110 Stat. 56
(1996)). During the transition, the
Commission was required to adopt a
number of rules dealing with, inter alia,
special relaxed digital to digital
interference standards necessary to take
into account that most stations were
operating both an analog and digital
channel during the transition, digital
construction deadlines, minimum
digital operating schedules, analog to
digital and digital to analog interference
rules, and digital to digital interference
rules post-transition. For an overview of
the numerous rulemaking proceedings,
see Review of the Commission’s Rules
and Policies Affecting the Conversion to
Digital Television, MB Docket No. 00–
39, Report and Order and Further Notice
of Proposed Rulemaking, 16 FCC Rcd
5946 (2001) (subsequent citations
omitted); Second Periodic Review, 19
FCC Rcd 18279 (2004); Third Periodic
Review of the Commission’s Rules and
Policies Affecting the Conversion to
Digital Television, MB Docket No. 07–
91, Report and Order, 23 FCC Rcd 2994
(2007) (subsequent citations omitted).
Many of these rules were temporary and
meant to be effective only during the
DTV transition. For example,
§ 73.623(c)(2) (Minimum technical
criteria for modification of DTV
allotments included in the initial DTV
Table of Allotments and for applications
filed pursuant to this section) allowed
petitioners and applicants to specify
facilities that would result in an
increase of up to an additional 2 percent
of the population served by another
station, provided that the station would
not receive more than 10 percent
interference in the aggregate. Posttransition, however, the level of
permissible interference dropped to
0.5%, the rounding tolerance for zero.
See 47 CFR 73.616(d). Others, however,
had more long term application to
digital operations. Because the more
long term rules were adopted at the
same time as temporary rules, the long
term rules are currently not organized in
a straight forward or user-friendly
manner. For example, § 73.623(d)
(Minimum geographic spacing
requirements for new TV allotments) is
in the rule section dealing with TV
applications and changes to TV
allotments. This paragraph, however,
deals with new allotments, and might
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more logically belong in § 73.622 (Table
of TV Allotments). In addition, there are
instances where the rules are
duplicative. For example, 47 CFR
73.616(d) and (e) (Post-transition DTV
station interference protection) and
73.623(c)(2)–(5) (DTV applications and
changes to DTV allotments) both require
the use of OET Bulletin No. 69. Some
of the specific parameters in § 73.623(c)
are outdated (such as those that refer to
the 2 percent and 10 percent aggregate
pre-transition interference standard),
but most of the remaining rule text is
directly duplicative of § 73.616(d) and
(e) (for example, both discuss how to
determine DTV to DTV interference
using OET Bulletin 69, that the
minimum adjacent channel technical
criteria does not apply to channels 4
and 5, 6 and 7, and 13 and 14, because
of unique spacing between these
channel, and how to determine
interference to Class A television
stations). Thus, as stated above, we
propose deleting paragraphs
73.623(c)(2)–(5). In addition, there are
cases where an analog rule and a digital
rule are both found in the rules with
similar text, such as §§ 73.625 (DTV
coverage of principal community and
antenna system) and 73.685
(Transmitter location and antenna
system).
To make the organization of the rules
more practical and the rules easier to
find, we propose to reorganize subpart
E, while also offering some minor
clarifications and amendments to some
of the rules. First, we propose to create
a new § 73.611 (Emission levels and
mask filters) which would relocate,
verbatim, the language from
§ 73.622(h)(1) and (2), which is
currently part of the Table of TV
Allotments section. These rules involve
the permissible level of emissions
outside the authorized channel of
operation and how attenuation of
emission levels is to be measured at the
output terminals of the transmitter,
including any filters that may be
employed. See Advanced Television
Systems and Their Impact upon the
Existing Television Broadcast Service,
MM Docket No. 87–268, Sixth Report
and Order, 12 FCC Rcd 14588, 14676–
77, para. 195 (1997). We believe this
change will improve the organization of
the rules because this technical rule has
little direct relationship to the Table of
TV Allotments. We seek comment on
moving this language to a separate
stand-alone rule for easier reference.
We propose to remove the analog
power limits from § 73.614(b) (Power
and antenna height requirements) and
replace them with the digital power
limits currently found in § 73.622(f)(5)–
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(8) (Table of TV allotments), and we
propose to clarify that all applications
for new full power television stations,
applications for changes in authorized
full power television stations, and
petitions for changes to the Table of TV
Allotments must comply with these
requirements. 47 CFR 73.614(b) (Power
and antenna height requirements). This
would make § 73.622(f)(4) redundant, as
§ 73.622(f)(8) also contains a 1000 kW
limit for UHF stations, and we thus
propose to delete § 73.622(f)(4). The
portions of the rule in § 73.622(f)(5)–(8)
focus on power and antenna height
requirements. Sections 73.622(f)(6)–(8)
set forth the digital power limits and
(f)(5) sets forth an exception which is
commonly referred to as the ‘‘largest
station in the market rule.’’ While these
power and antenna height requirements
are sometimes referred to in Table of
Allotment proceedings, they are also
frequently considered in processing
applications, and so we believe
including these provisions in a separate
paragraph will make them easier to
reference regardless of whether an
allotment or an application is being
considered. We also propose to clarify
in the newly placed § 73.614(b)(6), that
the largest station in the market
provision only allows a station to
exceed the maximum height for a given
channel and zone, and not the
maximum power for that channel and
zone. This addition to the rule is
consistent with a clarification adopted
by the Commission in 2001. See Review
of the Commission’s Rules and Policies
Affecting the Conversion to Digital
Television, MM Docket No. 00–39,
Report and Order and Further Notice of
Proposed Rulemaking, 16 FCC Rcd 5946
(2001) (subsequent history omitted).
Specifically, the Commission clarified
that under § 73.622(f)(5), ‘‘the maximum
ERP limits . . . may not be exceeded.’’
Id. at 5974, para. 74. Instead, ‘‘[t]he
‘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.’’ Id. We also propose to delete
§ 73.614(b)(7) (Power and antenna
height requirements) as duplicative of
§ 73.625(c)(1) (DTV coverage of
principal community and antenna
system). See 47 CFR 73.614(b)(7) and
73.625(c)(1). We further propose to
retain for digital operations a
requirement that existed for analog
operations that applications will not be
accepted for filing if they specify less
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than a minimum effective radiated
power of 100 watts because the Media
Bureau staff already applies this
minimum level in routine processing
and we do not believe it is in the public
interest for full power television stations
to operate with what is essentially a low
power facility. See 47 CFR 73.614(a)
(Minimum power). Finally, we propose
that for stations requesting DTS
operation pursuant to § 73.626 (DTV
distributed transmission systems) that
this requirement apply to at least one
site in the DTS. We seek comment on
these proposals.
We also propose to collect provisions
on related matters that are currently
spread over various rules and group
them together. First, we propose to
create a new § 73.617 (Interference
protection of other services) which
collects provisions from §§ 73.623(e)
(Protection of land mobile operations on
channels 14–20), 73.687(e)(3)–(4) (this
section requires stations operating on
channel 14 to take special precautions
to avoid adjacent LMRS facilities and
sets forth various steps stations should
take to identify and resolve potential
interference. See also Resolution of
Interference Between UHF Channels 14
and 69 and Adjacent-Channel Land
Mobile Operations, MM Docket No. 87–
465, Report and Order, 6 FCC Rcd 5148
(1991)) 73.623(f) (‘‘Parties requesting
new allotments on channel 6 be added
to DTV Table must submit an
engineering study demonstrating that no
interference would be caused to existing
FM radio stations on FM channels 200–
220’’), and 73.685(d) (we also propose to
change ‘‘blanket area’’ to ‘‘blanketing,’’
which reflects the updated term now
used by stakeholders.). We propose to
amend the rule to add a note to
reference and explain the existence of a
granted waiver with respect to the
community of Los Angeles, California
allowing the County of Los Angeles to
use channel 15 in Los Angeles for
public safety communications, and
propose to update the city center
coordinates supra. Most of these rules
are used for both licensing and
allotments and we believe they will be
easier to identify and use if gathered
into one section rather than scattered
among various rules. We seek comment
on this proposed restructuring. We also
propose to include a new paragraph
73.617(e) to codify a long standing
Commission practice to place a
condition on all television broadcast
station authorizations that result in a
change in coverage area, and all
authorizations for new stations, which
requires TV broadcasters to identify and
notify hospital and other health care
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facilities within the station’s coverage
area to avoid interference to medical
telemetry devices. Such devices are
authorized under 47 CFR 15.242
(Operation in the bands 174–216 MHz
and 470–668 MHz) and 47 CFR part 95
subpart H. This condition is consistent
with a current practice agreed to
between the Commission and the Food
and Drug Administration in 1998 and
we believe codifying this practice in our
rules will ensure that all licensees are
aware of this requirement to avoid
interference to medical telemetry
devices. See Joint Statement of the
Federal Communications Commission
and the Food and Drug Administration
Regarding Avoidance of Interference
Between Digital Television and Medical
Telemetry Devices, https://
transition.fcc.gov/Bureaus/Engineering_
Technology/News_Releases/1998/
nret8003.html (Mar. 25, 1998). We seek
comment on this proposal.
We propose to create a new § 73.618
(Antenna location and principal
community coverage), which would
relocate, verbatim, the language from
73.625(a) (DTV coverage of principal
community and antenna system). We
also propose to centralize multiple
existing rules into one rule that would
include instructions on how to
determine the protected facilities of a
television allotment (47 CFR 73.616(c)
(Post-transition DTV station interference
protection), as amended), the noiselimited contour level of a television
station (47 CFR 73.622(e) (Digital
television table of allotments), as
amended supra), how the noise-limited
contour is determined (47 CFR 73.625(b)
(DTV coverage of principal community
and antenna system), as amended infra),
and the purposes for which field
strength contours are used (47 CFR
73.683(c) (Field strength contours and
presumptive determination of field
strength at individual locations)). We
therefore propose to include these
existing requirements in a new § 73.619
(Contour and service areas), and update
the section heading of § 73.683 to
‘‘Presumptive determination of field
strength at individual locations,’’ in
order to remove reference to portions of
the rule that are relocated to the new
§ 73.619. Similarly, we propose to create
a new § 73.620 (Interference calculation
and protection of TV broadcast services)
that will include the requirements
currently spread throughout multiple
rules in § 73.623(c) (describes the
minimum technical criteria for
modification of DTV allotments
included in the initial DTV Table of
Allotments and for applications filed
pursuant to this section, as amended
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supra) and §§ 73.616(d) and (e) (merged
into a new § 73.620(a)–(d)). See 47 CFR
73.616 (Post-transition DTV station
interference protection) as amended
supra. Additionally, we propose to
move the rule from § 73.616(g) to a new
§ 73.620(f). See 47 CFR 73.616(g)
(relating to interference protection of
ATSC 3.0 stations). We believe that this
revised organization of these
requirements will make the rules easier
to identify and use, and eliminate
duplicate versions of some of these
rules. We seek comment on these
proposals.
We propose to modify §§ 73.622
(Television table of allotments) and
73.623 (TV application processing) to
separate out rules specific to the Table
of TV Allotments and application
processing procedures into separate
sections. In § 73.622(a), we propose to
modify the language to clarify the rule
sections specific to petitions to modify
the Table of TV Allotments. Due to this
change, § 73.616(a) (TV station
interference protection) becomes largely
duplicative of this proposed § 73.622(a)
and we thus propose to delete
§ 73.616(a). We also propose to remove
(a)(1) and (a)(2) as redundant with the
content of § 73.603 (Numerical
designation of television channels). We
propose to redesignate the language in
§ 73.622(d)(2) as § 73.622(d), clarify the
rule text to indicate this paragraph
applies to all allotments, and clarify that
the ‘‘reference coordinates’’ for each
allotment are those of the authorized
facility, or for new allotments, the
coordinates given in the order amending
the Table of TV Allotments. Section
73.616(b) is duplicative of this proposed
§ 73.622(d) and we thus propose to
delete § 73.616(b). We also propose
editorial changes for clarity in
§ 73.622(d). Finally, we propose to
relocate the text from § 73.623(d),
relating to the minimum distance
separations for new TV allotments, to a
new § 73.622(k). In § 73.623(a), we
propose to modify the language to
clarify the rule sections specific to
application processing and remove
discussion of modifications to the Table
of TV Allotments. We propose to
relocate the text from § 73.622(c),
regarding the availability of channels for
application, into § 73.623(b). Finally, we
propose to update cross-references
found in § 73.623(h) and update the
section heading to ‘‘TV application
processing priorities’’ in order to clarify
its purpose. We seek comment on these
proposals.
We propose to reorganize § 73.624(b)
(Television broadcast stations) for
clarity by splitting some of the text in
subpart (b) into a new subpart (b)(1)
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(requiring stations broadcasting in
ATSC 1.0 to transmit an over the air
signal at no direct charge to viewers).
We note that nothing in this proposal
alters the application of this rule to
ATSC 3.0. We propose to relocate
§ 73.685(h) (Transmitter location and
antenna system), pertaining to AM
stations, to become new
§ 73.625(c)(4)(iii) (TV coverage of
principal community and antenna
system). We also propose to relocate
§ 73.682(a)(14) (TV transmission
standards), regarding the use of
elliptically- and circularly-polarized
antennas, to become a new § 73.625(d)
(TV coverage of principal community
and antenna system). While the rest of
§ 73.682(a) related specifically to analog
station operations, we believe this
specific subpart of (a)(14) applies to all
stations and note that its content is
consistent with the functions in LMS
applicable to applications. Thus, we
tentatively conclude it should be
relocated to make it easier to identify by
users of our rules. We seek comment on
these proposals.
While the current rule structure has
become disjointed over the years, and is
only exacerbated by the deletion of
obsolete portions of the rules, we
understand that the structure is also
familiar to many users and we recognize
that many licensees, counsel, and other
users of our rules may have concerns
about a reorganization to our rules that
have been in the same location or under
the same section number for many
years. We propose to mitigate that
concern by updating cross-references to
the rules reorganized as described
herein, and in Table 1: Cross-references
below, as well as providing crossreferences to the new location of a rule
that has been relocated in the location
it was previously found. The
Commission has previously added cross
references to its rule sections within its
rules. See, e.g., October 2021 Order at
para. 12 (‘‘We also amend § 73.606 of
our rules by . . . adding a crossreference to ‘‘§ 73.622(j)’’, which sets
forth the updated Table of Allotments
adopted in this Order.’’). We believe
that providing these cross-references
would make it easier for users to
become accustomed to the new
structure. We seek comment on this
proposal.
TABLE 1—CROSS-REFERENCES
Instead of referencing . . .
Reference . . .
§ 73.614(b)(7) ....................
§ 73.616(a) .........................
§ 73.616(b) .........................
§ 73.616(c) .........................
§ 73.625(c)(1).
§ 73.622(a).
§ 73.622(d).
§ 73.619(d).
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TABLE 1—CROSS-REFERENCES—
Continued
Instead of referencing . . .
Reference . . .
§ 73.616(e) .........................
§ 73.616(g) .........................
§ 73.622(b) .........................
§ 73.622(c) .........................
§ 73.622(e) .........................
§ 73.622(f)(5) .....................
§ 73.622(f)(6) .....................
§ 73.622(f)(7) .....................
§ 73.622(f)(8) .....................
§ 73.622(h) .........................
§ 73.622(i) ..........................
§ 73.623(c)(1) .....................
§ 73.623(c)(2) .....................
§ 73.623(c)(3) .....................
§ 73.623(c)(4) .....................
§ 73.623(c)(5) .....................
§ 73.623(d) .........................
§ 73.623(e) .........................
§ 73.623(f) ..........................
§ 73.623(g) .........................
§ 73.625(a) .........................
§ 73.625(b) .........................
§ 73.683(c) .........................
§ 73.685(b) .........................
§ 73.685(d) .........................
§ 73.685(f) ..........................
§ 73.687(e) .........................
§ 73.620(d).
§ 73.620(f).
§ 73.622(j).
§ 73.623(b).
§ 73.619(c).
§ 73.614(b)(6).
§ 73.614(b)(1).
§ 73.614(b)(2).
§ 73.614(b)(3).
§ 73.611.
§ 73.622(j).
§ 73.618(a).
§ 73.620.
§ 73.620(b).
§ 73.620(a).
§ 73.620(d).
§ 73.622(k).
§ 73.617(a).
§ 73.617(c).
§ 73.620(e).
§ 73.618.
§ 73.619(b).
§ 73.619(a).
§ 73.618.
§ 73.617(d).
§ 73.625(c).
§ 73.617(b).
Protection of Land Mobile Radio
Service
Section 73.623(e) of the rules requires
full power and Class A television
stations to protect certain channels for
use by LMRS in thirteen U.S. cities. 47
CFR 73.623(e) (Protection of land
mobile operations on channels 14–20).
In the proposed reorganization, this
would be moved to new § 73.617(a). For
television stations that use or would use
channels 14 through 20, the rule
specifies a distance of 250 kilometers
from the city center of a co-channel land
mobile operation, or 176 kilometers
from the city center of an adjacent
channel land mobile operation. The set
of coordinates for the city centers were
calculated based on the 1927 North
American Datum (‘‘NAD 27’’). As a
result of improvements in technology
and measuring capabilities, NAD 27 has
been superseded by the 1983 North
American Datum (‘‘NAD 83’’). The
Commission’s Office of Engineering and
Technology and Office of the Managing
Director have previously explained that
‘‘[g]eodetic datum is a set of constants
specifying the coordinate system used
for calculating the coordinates of points
on the Earth. NAD 83 was developed
based on satellite and remote-sensing
measurement techniques, and provides
greater accuracy than the older NAD
27.’’ Amendment of Parts 1, 2, 25, 73,
74, 90, and 97 of the Commission’s
Rules to Make Non-Substantive
Editorial Revisions to the Table of
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Frequency Allocations and to Various
Service Rules, Memorandum Opinion
and Order, 23 FCC Rcd 3775, 3796,
para. 61, n.101 (OET/OMD 2008).
Because it provides greater accuracy and
the older NAD 27 is outdated, we
propose to amend the rule to use NAD
83 for purposes of specifying these
coordinates. Id. We further tentatively
conclude that updating the coordinates
in the rule to NAD 83 would serve the
public interest by conforming the values
with the coordinate system used in the
Commission’s LMS database and with
those found in § 90.303(b) of the rules,
which define the service that § 73.623(e)
protects. Section 90.303(b) (Availability
of frequencies) defines the specific
center points used to permit land
mobile operations, which represent the
specific locations that § 73.623(e) is
designed to protect. See 47 CFR
90.303(a) (stating that ‘‘coordinates are
referenced to the North American
Datum 1983 (NAD83)’’) and (b). As
such, our proposal to conform the
values in these rules would help to
ensure that land mobile operations are
more appropriately considered and
protected from full power and Class A
operations. We made a similar proposal
in the Part 74 NPRM at para. 12. We
seek comment on this proposal.
We also propose to amend
§ 73.1620(a)(1) (Program tests) to remind
full power and Class A television
stations on channel 14 of the
requirement found in § 73.687(e)(4)(iii)
that they request Program Test
Authority (‘‘PTA’’) prior to commencing
operation of new or modified facilities.
We further propose to move 47 CFR
73.687(e)(3)–(4) to 73.617(b). We also
propose to include a new sentence
codifying the practice of requiring LPTV
and translator stations on channel 14 to
request PTA prior to beginning
operation of new or modified facilities.
We believe that adding rule text
reflecting this practice consistently
across all television services will better
reflect the purpose of the requirement to
protect existing land mobile operations.
We seek comment on these proposed
changes.
Coverage Area—Determining Coverage
Section 73.625(b) of the Commission’s
rules describes how coverage and height
above average terrain (HAAT) are to be
calculated or determined. 47 CFR
73.625(b) (DTV coverage of principal
community and antenna system—
Determining coverage). In the proposed
reorganization, this would be moved to
§ 73.619(b) (Contours and service
areas—Determining coverage). This rule
is largely derived from what was
formerly § 73.684(d) and (f) adopted by
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the Commission in December 1963. See
28 FR 13572, 13678–79 (rel. Dec. 14,
1963) (§ 73.684 (1963)). We propose
changes to certain procedures contained
in § 73.625(b) which we believe are
obsolete, unnecessary, and are
otherwise superseded by the software
based tools that the FCC and industry
use to prepare and process applications.
We propose to remove the second
sentence of paragraph (b)(2), which
indicates that when the relative field
strength at a depression angle is 90% or
greater, the 100% value should be used.
This would create a discontinuity in the
contour, and is inconsistent with how
software-based tools used to process and
prepare applications function. We seek
comment on this proposal.
We propose to eliminate the
requirement to produce and submit
profile graphs and to streamline the
section in order to bring it into line with
modern software-based tools used to
determine contours and HAAT today.
Specifically, the fifth and sixth
sentences in paragraph (b)(4) of § 73.625
discuss the creation and submission of
a radial in the direction of the
community of license. See § 73.684(d)
(1963) (§ 73.625(b)(4) was largely
adapted from § 73.684(d), and
§ 73.684(d) itself had been condensed
since the 1963 version of the rule. The
1963 version more clearly details the
purpose and execution of the rule than
the current text.). The rule does not
require the use of a radial in the
direction of the community of license in
any other calculations, so with the
elimination of the requirement to
produce and submit profile graphs of
radials, a rule that requires the
calculation of this radial becomes
unnecessary. Moreover, the softwarebased tools the Commission and
industry use to process and prepare
applications do not produce this radial.
As such, we propose to delete the
language. Paragraph (b)(4) also contains
similar detail in the seventh and eighth
sentences explaining how and when to
produce and submit a profile graph for
radials over water or foreign territory.
Id. Again, with the elimination of the
requirement to produce and submit
profile graphs of radials, we believe this
calculation for radials over water or
foreign territory is unnecessary. The
rule itself does not require the radials to
be used in any other calculations and
automated software used by the
Commission and industry does not do
this. As such, we propose to delete this
language. We also propose to delete the
companion language in § 73.681 in the
definition of ‘‘antenna height above
average terrain.’’ We seek comment on
these proposals.
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Next, paragraph (b)(4) describes how
to plot the radials on a graph and
provides a range of options for the
number of points of elevation to use in
each radial. We propose to conform the
requirement to reference the TVStudy
software currently used for preparing
and processing applications, and specify
the use of 10 points per kilometer in all
circumstances consistent with present
practice found in the TVStudy software
used by the Commission and licensees
to process and prepare applications. See
Federal Communications Commission,
Office of Engineering and Technology,
TVStudy Interference Analysis Software,
https://www.fcc.gov/oet/tvstudy (the
‘‘FCC Contours’’ screen in the
‘‘Parameters’’ tab of TVStudy provides a
default value of 10 points per kilometer
using the default Interference Check
template). We seek comment on this
proposal.
We propose additional deletions in
the rule that we believe are also
unnecessary. There are several
sentences in paragraph (b)(4) which
describe how such graphs should be
formatted for submission to the FCC.
For example, the rule specifies that the
graphs may be plotted on ‘‘rectangular
coordinate paper’’ or on ‘‘special paper
which shows the curvature of the
earth.’’ See also § 73.684(d) (1963).
Because we propose to eliminate the
requirement to submit profile graphs,
we also propose to delete the formatting
requirements. The rule also provides
multiple options on how to obtain
elevation points. The software currently
used by the Commission and industry,
however, simply averages the points as
provided in the first option. We propose
to delete that text on options to obtain
elevation points and clarify the use of
the average of points elsewhere in the
paragraph. Finally, we propose to add a
sentence clarifying that actual
calculated values are used to determine
the HAAT, and to eliminate the final
two sentences of paragraph (b)(4) which
are no longer used with the conversion
from analog to digital. Specifically, this
language is no longer necessary due to
the change from the requirements of
providing a city grade strength signal of
74–80 dBu, depending on channel, to a
principal community strength signal of
35–48 dBu depending on channel. The
last two sentences of § 73.625(b)(4) are
derived from the last two sentences of
§ 73.684(f) (1963), which addressed a
situation where the adopted predictive
coverage methodology would result in a
negative HAAT or an HAAT below 100
feet at a number of radials at two and
10 mile intervals. In that case, an
applicant could make a supplemental
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showing. As an example, when a
supplemental showing could be made,
the rule explained that ‘‘a mountain
ridge may indicate the practical limit of
service although the prediction method
may indicate otherwise. In such cases
the prediction method should be
followed but a supplemental showing
may be made concerning the contour
distances as determined by other
means.’’ To give an example why the
last two sentences of § 73.625(b)(4) are
obsolete, the standard contour
prediction method would show that the
television stations in Juneau, Alaska,
had a negative HAAT due to
surrounding terrain even though the
stations’ transmission facilities are
located in Juneau, which is surrounded
by mountains. With the conversion from
analog to digital, the use of the city
grade contour to determine community
coverage was replaced with the use of
the minimum service level contour,
which tends to be significantly larger,
making the issue of an inability to reach
the community of license that this rule
was designed to capture significantly
less likely. We see comment on these
proposals.
Section 73.625(b)(5) specifies a
number of paper maps which should be
used to prepare the profile graphs
described in paragraph (b)(4), and to
determine the location and height above
sea level of the antenna height. See 47
CFR 73.625(b)(5). This rule is largely
derived from § 73.684(g) (1963). We
believe that multiple references to
various sources of paper maps
contained in the rule are outdated
methods to make these types of
calculations. We therefore propose to
remove those references to outmoded
paper maps and replace them with a
reference to the National Elevation
Dataset and other similar bald earth
terrain datasets which are used by
modern automated software currently
used by the Commission and industry.
In a new paragraph (b)(6), we propose
to clarify that we generally expect these
calculations to be done via computer,
versus the preference for paper
calculations that was specified
previously, and then indicate that to the
extent a submission to the Commission
uses sources different from those
officially reflected in our rules, those
sources should be clearly identified in
the submission. For example,
community coverage is demonstrated by
providing a map, which applicants
sometimes produce using software like
V-Soft Probe. Applicants should clearly
identify the software being used to
produce their engineering showings. We
seek comment on these proposals.
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Antenna Patterns
We propose to clarify, in
§ 73.625(c)(3)(ii) of the rules, that the
horizontal power is to be higher than or
equal to the vertical power in all
directions, and require documentation
that the antenna meets this requirement.
This proposed requirement is consistent
with stations being primarily horizontal,
with a possible vertical component less
than or equal to the horizontal
component. Most stations already
submit this documentation in their
applications. This clarification is
consistent with the requirements
contained in § 73.682(a)(14). See 47 CFR
73.682(a)(14) (TV transmission
standards) (‘‘It shall be standard to
employ horizontal polarization.’’). See
also 47 CFR 73.316(a) (FM antenna
systems). We also propose to update the
rule to reflect that the LMS filing system
permits an alternate method of
specifying mechanically beam tilted
facilities. The proposed rule indicates
the alternate method is preferable
because it provides a three-dimensional
representation of the antenna, allowing
for more accurate predictions with OET
Bulletin No. 69. But we continue to
allow the previous method in order to
avoid imposing any additional burden
on stations that were previously
authorized using the previous
mechanical beam tilt method. We seek
comment on these proposals.
Section 73.625(c)(3)(v) currently
requires that horizontal plane patterns
be plotted ‘‘to the largest scale possible
on unglazed letter-size polar coordinate
paper.’’ This requirement is outdated
and not consistent with current licensee
and Commission staff practices. We
propose to instead require licensees to
submit patterns in the form of a .pdf
attachment to an application filed in
LMS, and propose to clarify that similar
plots are required for elevation or matrix
patterns submitted in the LMS form. See
proposed §§ 73.625(c)(3)(vi) and
73.625(c)(3)(vii). This approach would
provide flexibility to applicants and
conform to modern practices. We seek
comment on this proposal.
Subscription TV (STV) Rules
Sections 73.641 through 73.644,
73.4247, 73.6026, and 74.732(e) contain
the rules that allowed analog full power,
Class A, and low power television
stations to offer a subscription television
service ‘‘for a fee or charge.’’ See 47 CFR
73.641(b). See generally Amendment of
Part 73 of the Commission’s Rules and
Regulations in Regard to Section
73.642(a)(3) and other Aspects of the
Subscription Television Service, Docket
No. 21502, Fourth Report and Order, 95
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FCC 2d 457 (1983) and other
Commission Orders and Notices in
Docket No. 21502 at nn.1–3. Under
these rules, analog stations could offer
television services during part of the
broadcast day, usually during the
evening hours, on a subscription basis
by sending scrambled signals through
the air that could be decoded by a
device that the subscriber used and had
installed by the STV provider at their
television receiver. Amendment of Part
73 of the Commission’s Rules and
Regulations in Regard to Section
73.642(a)(3) and Other Aspects of the
Subscription Television Service, Docket
No. 21502, Third Report and Order, 90
FCC 2d 341, 344–5, para. 9 (1982).
As of May 1, 1982, there were 27
analog stations that were operating in an
STV mode in 18 different markets
serving over 1,300,000 subscribers. Id. at
344, para. 8. Upon transitioning to
digital in 2009 however, digital
television stations are required to
transmit one over-the-air video program
signal at no direct charge to viewers on
their 6 MHz channel and are permitted
to provide STV-type services on an
ancillary or supplementary basis to their
primary digital television service. See
47 CFR 73.624(a) and (c) (Digital
television broadcast stations); 74.790(i)
(Permissible service of TV translator and
LPTV stations) (television stations are
permitted to offer services of any nature,
consistent with the public interest,
convenience, and necessity, on an
ancillary or supplementary basis,
including ‘‘subscription video’’). With
the elimination of analog service, there
are no full power television stations
operating pursuant to the STV rules and
LMS does not permit the filing of
applications or requests to operate in an
STV mode. Sections 73.642(b)
(Subscription TV service) and 74.732(e)
(Eligibility and licensing requirements)
require that stations notify the
Commission when they commence STV
operations, and that full power and
Class A stations notify the Commission
when they discontinue STV operations
or change their encoding equipment.
The Bureau has not received any such
filings in at least the past 25 years.
Accordingly, these STV rules are
obsolete and we propose to eliminate
them. See 47 CFR 73.641 (Subscription
TV definitions), 73.642 (Subscription
TV service), 73.643 (Subscription TV
operating requirements), 73.644
(Subscription TV transmission systems),
and 73.4247 (STV: Competing
applications). We seek comment on this
proposal.
If we adopt this proposal, we would
also amend part 73 and part 74 rules to
remove references to STV and
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‘‘subscription television service.’’ See 47
CFR 73.1201(d) (Station identification
for subscription television stations);
74.701(f) (Low power TV station);
73.682(b) (Subscription TV technical
systems); 73.6026 (deleting crossreferences to 73.642–73.644) (Broadcast
regulations applicable to Class A
television stations); and 74.732(e)
(Eligibility and licensing requirements).
We seek comment on this proposal.
Special Criteria for Converting Vacant
Commercial Channels to Reserved
Status
In 2000, the Commission adopted a
needs based test for future rulemakings
allowing noncommercial educational
(NCE) entities to request that ‘‘nonreserved channels not already in the
Table of Allotments be added and
reserved for NCE use.’’ See
Reexamination of the Comparative
Standards for Noncommercial
Educational Applicants, MM Docket No.
95–31, Report and Order, 15 FCC Rcd
7386, 7434, para. 114 (2000);
Reexamination of the Comparative
Standard for Noncommercial
Educational Applicants, MM Docket No.
95–31, Second Report and Order, 18
FCC Rcd 6691 (2003). This needs-based
test is reflected in § 73.622(a). 47 CFR
73.622(a) states in relevant part:
Where there is only one technically
available channel available in a community,
an entity that would be eligible to operate a
noncommercial educational broadcast station
may, prior to application, initiate a
rulemaking proceeding requesting that an
unoccupied or new channel in the
community be changed or added as reserved
only for noncommercial educational
broadcasting upon demonstrating that the
noncommercial educational proponent
would provide a first or second
noncommercial educational TV service to
2,000 or more people who constitute 10% of
the population within the proposed
allocation’s noise limited contour.
Since the Commission adopted this
needs based test in 2000, the Media
Bureau has never been asked to apply it
to television stations. Further, the
television band has been reallocated and
repacked from channels 2–69 to
channels 2–36, significantly decreasing
the number of available channels. We
therefore propose to amend § 73.622(a)
to remove this language as we do not
believe it serves a practical purpose in
the current environment. We do not
intend, however, to eliminate the ability
of an NCE entity to reserve one of the
few vacant television channels currently
in the Table of TV Allotments. We note
that there remain nine channels in the
Table of TV Allotments that are allotted
but not currently licensed. These
channels were recently offered in
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Auction 112 but none of the channels
received any bid offers and they were
returned to the Commission. See
Auction of Construction Permits For
Full Power Television Stations Closes,
Public Notice, DA 22–659 (rel. June 23,
2022). We note that an NCE entity may
still file a rulemaking petition to request
that the Commission reserve the
channel for noncommercial educational
use, without being required to rely on
the special process enumerated in
§ 73.622(a). We seek comment on this
proposal.
Other Technical and Miscellaneous
Updates
Special Service Authorization.
Section 73.3543 (Application for
renewal or modification of special
service authorization) provides that no
new special service authorizations may
be issued after 1958, however, renewals
or modifications will be considered in
certain circumstances. The Media
Bureau is unaware of any such
authorizations today, and thus we
tentatively conclude the rule is obsolete
and can be deleted. We therefore
propose to delete the rule and seek
comment on this proposal.
Broadcast Data Bases. Section 0.434
(Data bases and lists of authorized
broadcast stations and pending
broadcast applications) refers to
Broadcast Application Processing
System (BAPS), which is a legacy
database system that has not been in use
at the Commission for many years. The
Media Bureau currently uses LMS for
application processing, which replaced
the prior Consolidated Database System
(CDBS) system over the past few years
(except with respect to certain AM
operations), which itself replaced BAPS
around the year 2000. Thus, the
reference to BAPS is obsolete and we
propose to delete it and seek comment
on this proposal. We additionally
propose to remove the word
‘‘periodically’’ since an updated LMS
download is provided daily, remove the
link to ‘‘ftp.fcc.gov’’ since LMS data is
not provided there, and update the
reference to ‘‘mass media services’’ to
instead specify ‘‘Media Bureau.’’ We
also propose to delete the sentences
stating that paper copies of lists of
stations and applications are available
for inspection at the Commission or on
microfiche at the Commission’s
Reference Information Center. We
further propose to delete the sentence
that lists can be purchased from the
FCC’s duplicating contractor since the
Commission has not contracted with a
commercial duplicating firm pursuant
to § 0.465(a) of the rules for a number
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of years. We seek comment on these
proposals.
Distributed Transmission System Rule
Clarification. In January 2021, the
Commission adopted updated rules in
§ 73.626 relating to Distributed
Transmission Systems. See Rules
Governing the Use of Distributed
Transmission System Technologies
Authorizing Permissive Use of the ‘‘Next
Generation’’ Broadcast Television
Standard, MB Docket No. 20–74 and GN
Docket No. 16–142, Report and Order,
36 FCC Rcd 1227 (2021) (2021 DTS
Order). Since that time, questions have
arisen about how the rules are to be
applied. For example, the rule text
makes several references to the term
‘‘reference facility’’ without defining
that term, and appears to inaccurately
conflate the reference point with the
coordinates of the facility which
produces the authorized service area. To
make the intent and application of the
rule less ambiguous, we propose to
modify language in § 73.626(b) and
(f)(2). We propose to define the term
‘‘authorized facility’’ (the proposed
§ 73.626(b) states that ‘‘For purposes of
compliance with this section, a station’s
‘authorized service area’ is defined as
the area within its predicted noiselimited service contour determined
using the facilities authorized for the
station in a license or construction
permit for non-DTS, single-transmitterlocation operation (its ‘‘authorized
facility’’).’’) and then replace all uses of
the term ‘‘reference facility’’ with the
term ‘‘authorized facility’’ in the
appropriate locations. See proposed
§ 73.626(f)(2)(i)–(iii). The proposed
§ 73.626(b) states that ‘‘For purposes of
compliance with this section, a station’s
‘authorized service area’ is defined as
the area within its predicted noiselimited service contour determined
using the facilities authorized for the
station in a license or construction
permit for non-DTS, single-transmitterlocation operation (its ‘‘authorized
facility’’).’’ We further propose to
replace the term ‘‘reference point’’ with
‘‘site of its authorized facility’’ in places
where the term ‘‘reference point’’ is
improperly used. See proposed
§ 73.626(f)(2)(ii)–(iii). Finally, we
propose to clarify when specifically the
Table of Distances values should be
applied. See proposed § 73.626(f)(2)(i)–
(ii).We believe this clarifying language
will better reflect the method described
in the 2021 DTS Order and used in
processing such applications. We also
propose to remove language from
§ 73.626(f)(2) which is improperly
specific to the station’s authorized
service area. As written, the language
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incorrectly implies that the Table of
Distances circle is not applicable here.
We seek comment on these proposals.
Transport Stream ID. All full-power
and Class A TV stations are assigned a
unique transport stream ID (TSID),
which is required to be transmitted in
order to provide the Program and
System Information Protocol (PSIP) data
required by § 73.682(d) (Broadcast
television transmission standard).
Consistent with that rule, we propose to
clarify that all such stations must
broadcast with their assigned TSID
during their hours of operation. See
proposed § 73.1201 (Station
identification); see also proposed
§ 74.783(d) in the Part 74 NPRM at para.
17. In its Second Periodic Review, the
Commission stated that ‘‘broadcasters
are required to transmit the TSIDs
assigned for their stations in their digital
transmission.’’ See Second Periodic
Review, 19 FCC Rcd at 18347–48, para.
153. We believe that it is in the public
interest to move this requirement into a
separate rule for ease of reference.
Similarly, we propose the same
requirement with respect to a station’s
bit stream ID (BSID), which has the
same function as the TSID, but in the
ATSC 3.0 context, in order to promote
consistency. We seek comment on these
proposals.
Class A U.S.-Mexico Border Zone.
Full power television stations are
required to use full service masks to
attenuate the power level of emissions
outside their authorized channel of
operation in specified amounts
expressed in decibels (dB). See 47 CFR
73.622(h) (describing required
attenuated power limits of emissions of
frequencies outside the authorized
channel of operation for full power
television stations). Section 74.794,
which allows LPTV/TV translators to
specify use of a simple, stringent, or full
service mask, also applies to Class A
television stations. See 47 CFR
73.6024(d) and 74.794(a)(2). Section
74.794(a)(2)(i)–(iii) defines the required
attenuated power limits of emissions
outside the authorize channel of
operation for each type of mask. The
Commission’s rules require
coordination of applications in border
regions with the neighboring countries’
appropriate regulatory officials. Under
the Exchange of Coordination Letters
with IFT Regarding DTV Transition and
Reconfiguration of 600 MHz Spectrum,
signed between the FCC and Mexico’s
Instituto Federal de
Telecomunicaciones (IFT) in July 2015,
the use of Tables 1 and 6 were approved
for television station realignment. See
Letter to Ricardo Castan˜eda Alvarez
Director General de Ingenieria y
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Estudios Te´cnicos, IFT, from Mindel De
La Torre, Chief, International Bureau
(July 15, 2015) and Letter to Mindel De
La Torre, Chief, International Bureau,
from Alejandro Navarrete Torres, IFT
(July 15, 2015) (collectively, ‘‘Exchange
of Coordination Letters with IFT
Regarding DTV Transition and
Reconfiguration of 600 MHz
Spectrum’’). See International
Agreements, available at: https://
www.fcc.gov/general/internationalagreements. Class A stations approved
by Mexico in Table 6 are grouped with
full-service stations. There is no
allowance for use of a simple or
stringent emission mask for any
operation within these Tables; however,
§ 73.6024(d) applies to coordination of
stations in proximity of the U.S. border
with Mexico. It is the Media Bureau
staff’s experience that IFT routinely
requests that applications submitted for
coordination of Class A stations specify
a full-service emission mask, and if such
applications do not initially specify the
full-service emission mask, IFT asks for
it to be included in an amendment. This
two-step process increases the
processing burdens on the FCC, IFT,
and stations, and results in delays in
granting applications. Therefore, we
propose to amend § 73.6024(d) to
require Class A stations within 275
kilometers of the US-Mexico border to
specify a full-service emission mask in
any modification application. We seek
comment on this proposal.
Class A Antenna System. We propose
to delete language in § 73.6025(a) that
we find is almost identical to that in
§ 73.625(c)(3). 47 CFR 73.6025(a)
(Antenna system and station location)
(setting forth required showing when
proposing to use a directional antenna
system) and 73.625(c)(3) (DTV coverage
of principal community and antenna
systems). These rule sections provide
similar requirements regarding how
applicants should describe and
document antenna patterns submitted in
their applications. Some sections are
identical (specifically, § 73.625(c)(3)(iii)
is identical to § 73.6025(a)(3),
§ 73.625(c)(3)(iv) is identical to
§ 73.6025(a)(4), and § 73.625(c)(3)(vi) is
identical to § 73.6025(a)(5)), but in
others there are a few minor differences.
Specifically, comparing § 73.625(c)(3)(i)
with § 73.6025(a)(1), although two
sentences found in the latter concerning
descriptions of antenna systems are not
specifically contained in
§ 73.625(c)(3)(i), we believe these
sentences are explanatory and
sufficiently captured in the requirement
in § 73.625(c)(3)(i) that a ‘‘[c]omplete
description of the proposed antenna
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system’’ be included. Currently,
§ 73.625(c)(3)(ii) also differs slightly
from § 73.6025(a)(2) in that it specifies
a different orientation of the included
antenna plots, but is otherwise identical
and would provide the same
information to the Commission. We
propose to modify § 73.625(c)(3)(ii).
Finally, while there is no equivalent to
§ 73.625(c)(3)(v) in § 73.6025; that
subpart merely describes the format of
the otherwise-required tabulations. We
propose to modify § 73.625(c)(3)(v). We
are also proposing in this NPRM to add
new §§ 73.625(c)(3)(vii) and (viii) to
account for stations submitting
elevation or matrix patterns. See id. We
find that the very minor distinctions
between the language in the two
sections are insignificant and that no
purpose is served by having two
essentially duplicative rules in part 73.
Class A licensees are required to comply
with all part 73 regulations except for
those that cannot apply for technical or
other reasons. Class A Report and
Order, 15 FCC Rcd at 6365, para. 23.
Section 73.625(c)(3) is clearly a rule
with which they can comply. We
instead propose to also cross-reference
§ 73.625(c)(3) in § 73.6025(a),
eliminating the duplication but making
clear that the requirements in
§ 73.625(c)(3) continue to apply to Class
A television stations. We seek comment
on this proposal.
Minimum Video Program
Requirements. As noted above, we
propose to delete much of § 73.624(b).
Section 73.6026 (Broadcast regulations
applicable to Class A television stations)
lists section 73.624 as a rule applicable
to Class A stations. It also includes a
note stating that ‘‘Section 73.624(b) will
apply only to the extent that such
stations must also transmit at least one
over-the-air video program signal at no
direct charge to viewers of the digital
Class A station.’’ Such language is also
included in 73.624(b) and so we
propose to remove that text in 73.6026
as duplicative. We also propose to
clarify that this change would mandate
the use of a minimum 480i video
resolution by Class A stations. This
requirement is consistent with fullpower and LPTV/translator stations (as
proposed in the Part 74 NPRM), and we
believe it is reasonable to also apply it
consistently to Class A stations. See Part
74 NPRM at para. 25. We seek comment
on this conclusion.
Transmitting Antenna Site. Section
73.683(c)(1), which we propose to move
to new § 73.619(a)(1), refers to the
estimation of a station’s coverage area
based on a ‘‘particular transmitter site.’’
We note that our application forms do
not request information about the
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location of a station transmitter but of
its antenna instead. Therefore, we
propose to modify the language in the
rule to refer instead to a ‘‘particular
transmitting antenna site.’’ We believe
this proposal is consistent with
language that has been used in other
parts of the rules (see e.g., 47 CFR
73.622(d)), and with a proposal made in
the Part 74 NPRM. See Part 74 NPRM
at para. 24 (‘‘Because the antenna
location, rather than the transmitter
location, is the relevant consideration in
determining interference, service, and
loss, as required by the Commission’s
rules and policies, we propose to delete
§ 74.751(b)(6) entirely regarding the
transmitter’s location, as it is not
relevant in this analysis.’’). Accordingly,
we seek comment on this proposal.
Corrections To Inadvertent Oversights
From Prior Rulemakings. In § 73.616(e),
which we propose to relocate to new
§ 73.620(d) (Interference calculation and
protection of TV broadcast services), the
rule text appears to be incomplete and
contradictory. Paragraph (1) indicates
the OET Bulletin No. 69 method of
determining coverage and interference
shall be used, then indicates that ‘‘[t]he
threshold levels at which interference is
considered to occur are:’’ but none
follow. Paragraph (2) implies the use of
contour analysis to determine protection
of Class A television stations, but does
so while making use of the unspecified
threshold levels from paragraph (1).
Paragraph (3) indicates that a request for
a waiver of the interference protection
requirements of the rule may be made
using the Longley-Rice terrain
dependent propagation methods
contained in OET Bulletin No. 69, in
contradiction to paragraph (1) which
specifies that OET Bulletin No. 69 shall
be used. Because these elements make
the requirements of the rule difficult to
decipher, we propose to remove
paragraphs (1), (2), and (3) entirely and
streamline the remaining paragraph (e)
as a new § 73.620(d), replacing the
description of the OET Bulletin No. 69
in paragraph (1) with a cross-reference
to paragraphs (a) and (b) of the new
§ 73.620, which specifies the same
method. We seek comment on this
proposal.
In the October 2021 Order, the
Commission deleted § 73.623(g) as
obsolete because it addressed the digital
transition. See October 2021 Order at
para. 13, n.44. Deletion of the section,
however, inadvertently eliminated from
the rules the allowance for negotiated
agreements on interference among
applicants and licensees. We propose to
restore this allowance that was
previously contained in § 73.623(g),
modify the language to delete language
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referring to stations operating on
channels allotted in § 73.622(b), the
initial DTV Table, and place it in a new
§ 73.620(e). This would clarify in our
rules that stations may continue to
negotiate agreements on interference
consistent with past and present
practice. We seek comment on this
proposal.
In the Part 74 Order, the Commission
revised or removed certain paragraphs
of § 74.787 to reflect the LPTV and
translator transition from analog to
digital operations, clean up duplicate
sections that were contained in both the
analog and digital portions of part 74,
and provide accurate information about
current Commission forms. See Part 74
Order at paras. 6–7, nn. 22 and 25–28.
The Part 74 Order revised
§ 74.787(a)(5)(i) regarding applications
for analog-to-digital replacement
translators (DRTs) and digital-to-digital
replacement television translators
(DTDRTs) to state that ‘‘[a]pplications
for new DRTs and DTDRTs are no
longer accepted.’’ The Part 74 Order
also removed the first sentence of
paragraph (a)(5)(v). We propose to
further amend the text of the rule by
clarifying in the now first sentence of
paragraph (a)(5)(v) that the pre-auction
digital service area is the noise-limited
contour of the full power station that
was protected in the incentive auction
repacking process and removing
reference to a 2015 public notice. See 47
CFR 74.787(a)(5)(v) (Licensing); see also
Incentive Auction Task Force Releases
Revised Baseline Data and Prices for
Reverse Auction; Announces Revised
Filing Window Dates, Public Notice, DA
15–1296, 30 FCC Rcd 12559 (Nov. 12,
2015). Because we no longer allow
applications for new applications for
DTDRTs, we believe the reference to the
public notice data is no longer necessary
and the inclusion of the additional
explanation of the pre-auction digital
service area for stations that already
hold DTDRTs provides a clearer
definition. We seek comment on this
proposal.
Cost-Benefit and Diversity, Equity and
Inclusion Analysis
Finally, we seek comment on the
benefits and costs associated with
adopting the proposals set forth in this
NPRM. In addition to any benefits to the
public at large, are there also benefits to
industry through adoption of any of our
proposals? We also seek comment on
any potential costs that would be
imposed on licensees, regulatees, and
the public if we adopt the proposals
contained in this NPRM. Comments
should be accompanied by specific data
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and analysis supporting claimed costs
and benefits.
As part of our continuing effort to
advance digital equity for all, including
people of color, persons with
disabilities, persons who live in rural or
Tribal areas, and others who are or have
been historically underserved,
marginalized, or adversely affected by
persistent poverty or inequality, we
invite comment on how the proposals
set forth in this NPRM can advance
equity in the provision of broadcast
services for all people of the United
States, without discrimination on the
basis of race, color, religion, national
origin, sex, or disability. Specifically,
we seek comment on how our proposals
may promote or inhibit advances in
diversity, equity, inclusion, and
accessibility, as well the scope of the
Commission’s relevant legal authority.
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Initial Regulatory Flexibility Act
Analysis
As required by the Regulatory
Flexibility Act of 1980, as amended
(RFA), pursuant to 5 U.S.C. 605(b), the
Commission has prepared this Initial
Regulatory Flexibility Act Analysis
(IRFA) of the possible significant
economic impact on a substantial
number of small entities by the policies
and rules proposed in this notice of
proposed rulemaking (NPRM). Written
public comments are requested on this
IRFA. Comments must be identified as
responses to the IRFA and must be filed
by the deadlines for comments specified
in the DATES section of this NPRM. The
Commission will send a copy of this
NPRM, including this IRFA, to the Chief
Counsel for Advocacy of the Small
Business Administration (SBA). In
addition, this NPRM and IRFA (or
summaries thereof) will be published in
the Federal Register.
Need for, and Objectives of, the
Proposed Rules
This NPRM seeks comment on a
number of proposals as part of the
Commission’s effort to update its rules
following the transition from analog to
digital-only operations and the postincentive auction transition to a smaller
television band with fewer channels.
This NPRM proposes to delete, update,
or otherwise revise Commission rules
that no longer have any practical effect
given these historic changes. This
NPRM also seeks to restructure subpart
E of part 73 of the Commission’s rules
(47 CFR subchapter C, part 73), which
largely consists of the technical
licensing, operating, and interference
rules for full power television. Finally,
this NPRM proposes additional
amendments to the full power and Class
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A rules, including technical updates
and proposals to delete, update, and/or
amend outdated rules.
This NPRM proposes to adopt
revisions to part 73 to reflect that all
television services have ceased analog
operations, and the conversion to digital
television technology. Similarly, this
NPRM proposes to amend rule section
headings and language in part 73 to
remove references to DTV and digital
television service since all television
services have transitioned from analog
to digital operations and thus, there is
no further need to differentiate between
two separate kinds of service. In
addition, this NPRM proposes to delete
outdated rules that are no longer valid
given changes in Commission-adopted
policy. This NPRM also proposes to
update Commission rules to reference
the current designation for form
numbers, require electronic filing in
LMS, and remove obsolete forms. In
addition, this NPRM proposes to make
a number of other corrections and
updates to the full power television and
Class A rules, including to correct
inadvertent oversights in prior
rulemakings.
In addition, this NPRM seeks to add
an explanatory note to § 73.623 to
reference and explain the existence of a
granted waiver with respect to the
community of Los Angeles, California.
Section 73.623 of the rules requires
television stations to protect certain
channels for use by the land mobile
radio service in thirteen U.S. cities
listed in the rule. In 2008, the
Commission’s Public Safety and
Homeland Security Bureau granted a
waiver pursuant to § 337(c) of the
Communications Act, as amended,
allowing the County of Los Angeles to
use channel 15 in Los Angeles for
public safety communications. Because
this channel is adjacent to two channels
contained in § 73.623, this NPRM
asserts that the public interest is served
by including a Note explaining the
existence of the 2008 waiver.
To reflect the fact that the postincentive auction closed on April 13,
2017, this NPRM proposes to amend
§ 73.3700(a)(2) to add the citation to the
Channel Reassignment Public Notice
that was released by the Commission’s
Media and Wireless
Telecommunications Bureaus and
Incentive Auction Task Force
announcing the completion of the
auction and deadlines for stations
assigned new channels through the
repacking process to terminate
operations on pre-auction channels.
This NPRM also proposes to delete as
obsolete certain definitions that relate to
the bid options that were available to
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full power and Class A television
broadcasters eligible to participate in
the incentive auction. This NPRM
proposes to delete as obsolete
procedural rules that governed the postincentive auction period for stations to
transition off their pre-auction channel,
which ended on July 13, 2020,
including the portions of the rule
pertaining to the special post-incentive
auction displacement filing window
which closed on June 1, 2018, and
applied to low power television and
television translator stations (‘‘LPTV/TV
translators’’) displaced by the auction.
Regarding the listing of FCC policies
in §§ 73.4000 et seq., which provide
certain FCC policies and citations
related to all broadcast stations for the
purpose of reference and convenience,
this NPRM proposes to amend a number
of rules that are now otherwise obsolete
or require updates. For example, this
NPRM proposes to update rules to
reflect the availability of newer versions
of procedures and Commission orders
such as the ‘‘The Public and
Broadcasting’’ procedure manual.
This NPRM proposes to delete
obsolete language due to the passage of
time and other changes in Commission
policy, including language related to the
protection of pre-transition DTV
applications filed before December 31,
1999, or between December 31, 1999,
and May 1, 2000, certain waiver
requests related to the incentive auction,
displacements of Class A stations due to
digital channel allotment changes by
full power television stations that have
since been resolved, the period of
construction for an original construction
permit which tolled for certain reasons
of international coordination during the
DTV transition, the certification of
equipment that the Commission no
longer accepts, and references to
mutually exclusive renewal proceedings
for applications filed prior to May 1,
1995. This NPRM also proposes to
delete past license renewal application
filing dates for all radio and television
broadcast stations, and provide updated
dates.
During the course of the transition to
from analog to digital television, the
Commission adopted a number of rules,
many of which were temporary and
meant to be effective only during the
transition. Others, however, had more
long term application to digital
operations. Because the more long term
rules were adopted at the same time as
temporary rules, the long term rules are
currently not organized in a straight
forward or user-friendly manner. As a
result, this NPRM seeks to reorganize
subpart E of part 73, including creating
cross-references to the rules reorganized
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for ease, in order to make the rules more
practical and easier to find.
This NPRM also seeks comment on
updating the coordinates found in
§ 73.623(e) from North American Datum
(‘‘NAD’’) 27 to NAD 83 and otherwise
conforming the values with the
coordinate system used in the
Commission’s Licensing and
Management System (‘‘LMS’’) database
and with those found in § 90.303(b) of
the rules, which define the service that
§ 73.623(e) protects.
In addition, this NPRM proposes to
amend § 73.1620(a)(1) to remind full
power and Class A television stations on
channel 14 of the requirement found in
§ 73.687(e)(4)(iii) that they request
Program Test Authority (‘‘PTA’’) prior to
commencing operation of new or
modified facilities. This NPRM also
proposes to amend the rule to require
LPTV and translator stations on channel
14 to request PTA prior to beginning
operation of new or modified facilities.
This NPRM also proposes a number of
changes to the rules which are obsolete,
unnecessary, and are otherwise
superseded by the software based tools
that the Commission and industry use to
prepare and process applications. Also,
§ 73.625 specifies a number of paper
maps which should be used to prepare
the profile graphs and to determine the
location and height above sea level of
the antenna height. This NPRM
proposes to remove those references to
outmoded paper maps and replace them
with a reference to the National
Elevation Dataset and other similar bald
earth terrain datasets which are used by
modern automated software currently
used by the Commission and industry.
This NPRM proposes to clarify that
Commission staff generally expects
these calculations to be done via
computer, versus the preference for
paper calculations that was specified
previously, and then indicate that to the
extent a submission to the Commission
uses sources different from those
officially reflected in the Commission’s
rules, those sources should be clearly
identified in the submission.
This NPRM proposes to clarify, in
§ 73.625(c)(3)(ii) of the rules, that the
horizontal power is to be higher than or
equal to the vertical power in all
directions, and require documentation
that the antenna meets this requirement.
This NPRM also proposes to update the
rule to reflect that the LMS filing system
permits an alternate method of
specifying mechanically beam tilted
facilities. The proposed rule indicates
the alternate method is preferable
because it provides a three-dimensional
representation of the antenna, allowing
for more accurate predictions with OET
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Bulletin No. 69. But the Commission
continues to allow the previous method
in order to avoid imposing any
additional burden on stations that were
previously authorized using the
previous mechanical beam tilt method.
Section 73.625(c)(3)(v) currently
requires that horizontal plane patterns
be plotted ‘‘to the largest scale possible
on unglazed letter-size polar coordinate
paper.’’ This requirement is outdated
and not consistent with current licensee
and Commission staff practices. This
NPRM proposes to instead require
licensees to submit patterns in the form
of a .pdf attachment to an application
filed in LMS, and propose to clarify that
similar plots are required for elevation
or matrix patterns submitted in the LMS
form. This approach would provide
flexibility to applicants and conform to
modern practices.
With the elimination of analog
service, there are no full power
television stations operating pursuant to
the subscription television (‘‘STV’’)
rules, which allowed analog stations to
offer a subscription television service
‘‘for a fee or charge’’ given that there are
no full power television stations
operating pursuant to the STV rules and
digital television stations are permitted
to provide STV-type services on an
ancillary or supplementary basis to their
primary digital television service, and
LMS does not permit the filing of
applications or requests to operate in an
STV mode. Accordingly, §§ 73.641
through 73.644, 73.4247, 73.6026, and
74.732(e) are obsolete and we propose to
eliminate them.
In 2000, the Commission adopted a
needs based test in § 73.622(a) for future
rulemakings allowing noncommercial
educational (NCE) entities to request
that ‘‘non-reserved channels not already
in the Table of Allotments be added and
reserved for NCE use.’’ This NPRM
proposes to amend § 73.622(a) to
remove this language as Commission
staff does not believe it serves a
practical purpose in the current
environment. Commission staff does not
intend, however, to eliminate the ability
of an NCE entity to reserve one of the
few vacant television channels currently
in the Table of TV Allotments. An NCE
entity may still file a rulemaking
petition to request that the Commission
reserve the channel for noncommercial
educational use, without being required
to rely on the special process
enumerated in § 73.622(a).
Section 73.3543 provides that no new
special service authorizations may be
issued after 1958, however, renewals or
modifications will be considered in
certain circumstances. The Commission
staff is unaware of any such
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authorizations today, and the
Commission tentatively concludes the
rule is obsolete and can be deleted. This
NPRM proposes to delete the rule and
seeks comment on this proposal.
Section 0.434 refers to the Broadcast
Application Processing System (BAPS),
which is a legacy database system that
has not been in use at the Commission
for many years. The NPRM proposes to
update the rule to reflect the current
application television filing and
processing databases and methods for
viewing the databases.
In January 2021, the Commission
adopted updated rules in § 73.626
relating to Distributed Transmission
Systems (‘‘DTS’’). Since that time,
questions have arisen about how the
rules are to be applied. To make the
intent and application of the rule less
ambiguous, this NPRM proposes to
modify language in 73.626(b) and (f)(2)
to define certain terms and make
clarifications that will better reflect the
method described in the 2021 DTS
Order and used in processing such
applications.
All full-power and Class A TV
stations are assigned a transport stream
ID (‘‘TSID’’), which is required to be
transmitted in order to provide the
Program and System Information
Protocol (‘‘PSIP’’) data required by
§ 73.682(d). Consistent with that rule,
this NPRM proposes to clarify that all
such stations must broadcast with their
assigned TSID during their hours of
operation. For the same reason, the
NPRM proposes the same requirement
with respect to a station’s bit stream ID
(‘‘BSID’’), which has the same function
as the TSID, but in the ATSC 3.0
context.
The Commission’s rules require
coordination of applications in border
regions with the neighboring countries’
appropriate regulatory officials. Under
the Exchange of Coordination Letters
with IFT Regarding DTV Transition and
Reconfiguration of 600 MHz Spectrum,
signed between the FCC and Mexico’s
Instituto Federal de
Telecomunicaciones (‘‘IFT’’) in July
2015, Class A stations approved by
Mexico are grouped with full-service
stations. It is the Media Bureau staff’s
experience that IFT routinely requests
that applications submitted for
coordination of Class A stations specify
a full-service emission mask, and if such
applications do not initially specify the
full-service emission mask, IFT asks for
it to be included in an amendment. This
two-step process increases the
processing burdens on the FCC, IFT,
and stations, and results in delays in
granting applications. Therefore, this
NPRM proposes to amend § 73.6024(d)
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to require Class A stations within 275
kilometers of the US-Mexico border to
specify a full-service emission mask in
any modification application.
This NPRM proposes to delete
language in § 73.6025(a) that is almost
identical to that in § 73.625(c)(3). These
rule sections provide similar
requirements regarding how applicants
should describe and document antenna
patterns submitted in their applications.
This NPRM proposes to cross-reference
§ 73.625(c)(3) in § 73.6025(a),
eliminating the duplication but making
clear that the requirements in
§ 73.625(c)(3) continue to apply to Class
A television stations. We seek comment
on this proposal.
Section 73.6026 lists § 73.624 as a rule
applicable to Class A stations. It also
includes a note stating that ‘‘Section
73.624(b) will apply only to the extent
that such stations must also transmit at
least one over-the-air video program
signal at no direct charge to viewers of
the digital Class A station.’’ Such
language is also included in § 73.624(b)
and so this NPRM proposes to remove
that text in § 73.6026 as duplicative.
This NPRM also proposes to clarify that
this change would mandate the use of
a minimum 480i video resolution by
Class A stations, consistent with our
proposal with respect to full power and
LPTV/translator stations in our earlier
adopted Part 74 NPRM, FCC 22–58, (rel.
July 13, 2022).
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Legal Basis
The proposed action is authorized
under sections 1, 4, 301, 303, 307, 308,
309, 310, 316, 319, and 336 of the
Communications Act of 1934, as
amended, 47 U.S.C. 151, 154, 301, 303,
307, 308, 309, 310, 316, 319, 336.
Description and Estimate of the Number
of Small Entities to Which the Proposed
Rules Will Apply
The RFA directs agencies to provide
a description of, and where feasible, an
estimate of the number of small entities
that may be affected by the proposed
rules, if adopted. The RFA generally
defines the term ‘‘small entity’’ as
having the same meaning as the terms
‘‘small business,’’ ‘‘small organization,’’
and ‘‘small governmental jurisdiction.’’
In addition, the term ‘‘small business’’
has the same meaning as the term
‘‘small business concern’’ under the
Small Business Act (SBA). 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.
Below, we provide a description of
the impacted small entities, as well as
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17:07 Feb 08, 2023
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an estimate of the number of such small
entities, where feasible.
Television Broadcasting. This
industry is comprised of
‘‘establishments primarily engaged in
broadcasting images together with
sound.’’ These establishments operate
television broadcast 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
studio, from an affiliated network, or
from external sources. The SBA small
business size standard for this industry
classifies businesses having $41.5
million or less in annual receipts as
small. The 2017 U.S. Census Bureau
data indicate that 744 firms in this
industry operated for the entire year. Of
that number, 657 firms had revenue of
less than $25,000,000. Based on this
data we estimate that the majority of
television broadcasters are small entities
under the SBA small business size
standard.
The Commission estimates that as of
June 2022, there were 1,372 licensed
commercial television stations. Of this
total, 1,280 stations (or 93.2%) had
revenues of $41.5 million or less in
2021, according to Commission staff
review of the BIA Kelsey Inc. Media
Access Pro Television Database (BIA) on
June 1, 2022, and therefore these
licensees qualify as small entities under
the SBA definition. In addition, the
Commission estimates that as of June
2022, there were 384 licensed
noncommercial educational (NCE)
television stations, 383 Class A TV
stations, 1,865 LPTV stations and 3,224
TV translator stations. The Commission,
however, does not compile and
otherwise does not have access to
financial information for these
television broadcast stations that would
permit it to determine how many of
these stations qualify as small entities
under the SBA small business size
standard. Nevertheless, given the SBA’s
large annual receipts threshold for this
industry and the nature of these
television station licensees, we presume
that all of these entities qualify as small
entities under the above SBA small
business size standard.
Radio Stations. This industry is
comprised of ‘‘establishments primarily
engaged in broadcasting aural programs
by radio to the public.’’ Programming
may originate in their own studio, from
an affiliated network, or from external
sources. The SBA small business size
standard for this industry classifies
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firms having $41.5 million or less in
annual receipts as small. U.S. Census
Bureau data for 2017 show that 2,963
firms operated in this industry during
that year. Of this number, 1,879 firms
operated with revenue of less than $25
million per year. Based on this data and
the SBA’s small business size standard,
we estimate a majority of such entities
are small entities.
The Commission estimates that as of
June 30, 2022, there were 4,498 licensed
commercial AM radio stations and 6,689
licensed commercial FM radio stations,
for a combined total of 11,187
commercial radio stations. Of this total,
11,185 stations (or 99.98%) had
revenues of $41.5 million or less in
2021, according to Commission staff
review of the BIA Kelsey Inc. Media
Access Pro Database (BIA) on June 1,
2022, and therefore these licensees
qualify as small entities under the SBA
definition. In addition, the Commission
estimates that as of June 30, 2022, there
were 4,184 licensed noncommercial
(NCE) FM radio stations, 2,034 low
power FM (LPFM) stations, and 8,951
FM translators and boosters. The
Commission however does not compile,
and otherwise does not have access to
financial information for these radio
stations that would permit it to
determine how many of these stations
qualify as small entities under the SBA
small business size standard.
Nevertheless, given the SBA’s large
annual receipts threshold for this
industry and the nature of radio station
licensees, we presume that all of these
entities qualify as small entities under
the above SBA small business size
standard.
We note, however, that in assessing
whether a business concern qualifies as
‘‘small’’ under the above definition,
business (control) affiliations 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. In
addition, another element of the
definition of ‘‘small business’’ requires
that an 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
radio or television broadcast station is
dominant in its field of operation.
Accordingly, the estimate of small
businesses to which the rules may apply
does not exclude any radio or television
station from the definition of a small
business on this basis and is therefore
possibly over-inclusive. An additional
element of the definition of ‘‘small
business’’ is that the entity must be
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Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 / Proposed Rules
independently owned and operated.
Because it is difficult to assess these
criteria in the context of media entities,
the estimate of small businesses to
which the rules may apply does not
exclude any radio or television station
from the definition of a small business
on this basis and similarly may be overinclusive.
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Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
The NPRM proposes modified
reporting requirements. The
Commission seeks comment on whether
television stations should be able to
now make certain required notifications
through filings procedures in LMS as
opposed to by letter, as has been the
case. Similarly, the Commission seeks
comment on its proposals to update
Commission rules to reference the
current designation for form numbers,
require electronic filing in LMS, and
remove obsolete forms. Should the
Commission ultimately decide to adopt
these requirements, they would result in
a modified paperwork obligation. The
Commission anticipates that this option
will lessen the physical burden on small
entities. The Commission will have to
consider the benefits and costs of
allowing television stations to submit
certain notifications in LMS. If adopted,
the Commission will seek approval and
the corresponding burdens to account
for this modified reporting requirement.
We expect the comments we receive
from the parties in the proceeding,
including cost and benefit analyses, will
help the Commission to identify and
evaluate compliance costs and burdens
for small businesses that may result
from the matters discussed in the
NPRM.
Steps Taken To Minimize Significant
Economic Impact on Small Entities, and
Significant Alternatives Considered
The RFA requires an agency to
describe any significant alternatives,
specifically small business, 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 such 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 such small entities. See 5
U.S.C. 603(c)(1)–(4).
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This NPRM seeks comment on a
number of proposals that would codify
Commission staff’s current practices or
better reflect technological
advancements in the industry. The
Commission does not have supporting
data at this time to determine if there
will or will not be an economic impact
on small businesses as a result of the
proposed rule amendments and/or
deletions. However, the Commission
anticipates that the proposed rule
updates and reorganization generally
will lessen the burdens on small
entities. For example, § 73.625(b)(5)
specifies a number of paper maps which
should be used to prepare the profile
graphs described in paragraph (b)(4),
and to determine the location and
height above sea level of the antenna
height. Commission staff believes that
multiple references to various sources of
paper maps contained in the rule are
outdated methods to make these types
of calculations. This NPRM therefore
proposes to remove those references to
outmoded paper maps and replace them
with a reference to the National
Elevation Dataset and other similar bald
earth terrain datasets which are used by
modern automated software currently
used by the Commission and industry.
Moreover, § 73.625(b)(4) describes how
to plot certain radials on a graph and
provides a range of options for the
number of points of elevation to use in
each radial. This NPRM proposes to
conform the requirement to reference
the TVStudy software currently used for
preparing and processing applications,
and specify the use of 10 points per
kilometer in all circumstances
consistent with present practice found
in the TVStudy software used by the
Commission and licensees to process
and prepare applications. These
proposals are an attempt to simplify,
streamline, and modernize existing
rules and procedures that will enable
television stations to more easily
comply with licensing requirements
through familiar and low cost measures.
In addition, this NPRM seeks to avoid
imposing additional burdens on
television stations where practicable.
For example, this NPRM proposes to
update § 73.625(c)(3)(ii) to reflect that
the LMS filing system permits an
alternate method of specifying
mechanically beam tilted facilities. The
proposed rule indicates the alternate
method is preferable because it provides
a three-dimensional representation of
the antenna, allowing for more accurate
predictions with OET Bulletin No. 69.
But Commission staff continues to allow
the previous method in order to avoid
imposing any additional burden on
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8655
stations that were previously authorized
using the previous mechanical beam tilt
method.
Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rule
None.
Report to Congress
The Commission will send a copy of
this NPRM including the IRFA, in a
report to be sent to Congress pursuant
to the Congressional Review Act. In
addition, the Commission will send a
copy of the NPRM including the IRFA,
to the Chief Counsel for Advocacy of the
SBA. A copy of this NPRM and IRFA (or
summaries thereof) will also be
published in the Federal Register.
List of Subjects
47 CFR Parts 0
Authority delegations (Government
agencies), Organization and functions
(Government agencies)
47 CFR Part 27
Communications common carriers.
47 CFR Part 73
Full power TV, Class A TV,
Incorporated by reference.
47 CFR Part 74
Low power TV, TV translator stations.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Regulations
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
parts 0, 27, 73, and 74 to read as
follows:
PART 0—COMMISSION
ORGANIZATION
1. The authority citation for part 0
continues to read as follows:
■
Authority: 47 U.S.C. 151, 154(i), 154(j),
155, 225, and 409, unless otherwise noted.
■
2. Revise § 0.434 to read as follows:
§ 0.434 Data bases and lists of authorized
broadcast stations and pending broadcast
applications.
The FCC makes available its data
bases, Consolidated Database System
(CDBS) and Licensing and Management
System (LMS), containing information
about authorized broadcast stations,
pending applications for such stations,
and rulemaking proceedings involving
amendments to the TV and FM Table of
Allotments. CDBS and LMS contain
frequencies, station locations, and other
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particulars. CDBS and LMS may be
viewed at the Commission’s website at
www.fcc.gov under Media Bureau.
PART 27—MISCELLANEOUS
WIRELESS COMMUNICATIONS
SERVICE
3. The authority citation for part 27
continues to read as follows:
■
Authority: 47 U.S.C. 154, 301, 302a, 303,
307, 309, 332, 336, 337, 1403, 1404, 1451,
and 1452, unless otherwise noted.
§ 27.60
■
[Removed and Reserved]
4. Remove and reserve § 27.60.
§ 27.1310
■
[Removed and Reserved]
9. Remove and reserve § 73.613.
10. Amend § 73.614 by:
■ a. Revising paragraphs (a), (b)
introductory text, (b)(1) through (3);
■ b. Removing and reserving paragraphs
(b)(4) and (5);
■ c. Revising paragraph (b)(6); and
■ d. Removing paragraph (b)(7).
The revisions read as follows:
■
6. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
7. Section 73.611 is added to read as
follows:
■
Emission levels and mask filter.
(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:
Formula 1 to paragraph (a)
Attenuation in dB = ¥11.5(Df + 3.6);
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Where:
Df = 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.
■ 8. Section 73.612 is revised to read as
follows:
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[Removed and Reserved]
■
PART 73—RADIO BROADCAST
SERVICES
VerDate Sep<11>2014
Protection from interference.
(a) Permittees and licensees of TV
broadcast stations are not protected
from any interference which may be
caused by the grant of a new station or
of authority to modify the facilities of an
existing station in accordance with the
provisions of this subpart. The nature
and extent of the protection from
interference accorded to TV broadcast
stations is limited solely to the
protection which results from the
interference protection requirements set
forth in this subpart.
(b) [Reserved]
§ 73.613
5. Remove and reserve § 27.1310.
§ 73.611
§ 73.612
§ 73.614 Power and antenna height
requirements.
(a) Minimum requirements.
Applications will not be accepted for
filing if they specify less than 100 watts
horizontally polarized visual effective
radiated power (ERP) in any horizontal
direction. No minimum antenna height
above average terrain (HAAT) is
specified. For stations requesting DTS
operation pursuant to § 73.626, this
requirement applies to at least one site
in the DTS.
(b) Maximum power. Applications for
new full power television stations, for
changes in authorized full power
television stations, and petitions for
changes to the Table of TV Allotments,
will not be accepted for filing if they
specify a power which exceeds the
maximum permitted boundaries
specified in the following formulas:
(1) A TV station that operates on a
channel 2–6 allotment will be allowed
a maximum ERP of 10 kW if its antenna
HAAT is at or below 305 meters and it
is located in Zone I or a maximum ERP
of 45 kW if its antenna HAAT is at or
below 305 meters and it is located in
Zone II or Zone III.
(i) At higher HAAT levels, such TV
stations will be allowed to operate with
lower maximum ERP levels in
accordance with the following table and
formulas (the allowable maximum ERP
for intermediate values of HAAT is
determined using linear interpolation
based on the units employed in the
table):
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TABLE 1 TO PARAGRAPH (b)(1)(i)—
MAXIMUM ALLOWABLE ERP AND ANTENNA HEIGHT FOR TV STATIONS IN
ZONES II OR III ON CHANNELS 2–6
Antenna HAAT
(meters)
610
580
550
520
490
460
425
395
365
335
305
ERP
(kW)
................................................
................................................
................................................
................................................
................................................
................................................
................................................
................................................
................................................
................................................
................................................
10
11
12
14
16
19
22
26
31
37
45
(ii) For TV stations located in Zone I
that operate on channels 2–6 with an
HAAT that exceeds 305 meters, the
allowable maximum ERP expressed in
decibels above 1 kW (dBk) is
determined using the following formula,
with HAAT expressed in meters:
ERPmax = 92.57¥33.24 * log10(HAAT)
(iii) For TV stations located in Zone
II or III that operate on channels 2–6
with an HAAT that exceeds 610 meters,
the allowable maximum ERP expressed
in decibels above 1 kW (dBk) is
determined using the following formula,
with HAAT expressed in meters:
ERPmax = 57.57¥17.08 * log10(HAAT)
(2) A TV station that operates on a
channel 7–13 allotment will be allowed
a maximum ERP of 30 kW if its antenna
HAAT is at or below 305 meters and it
is located in Zone I or a maximum ERP
of 160 kW if its antenna HAAT is at or
below 305 meters and it is located in
Zone II or Zone III.
(i) At higher HAAT levels, such TV
stations will be allowed to operate with
lower maximum ERP levels in
accordance with the following table and
formulas (the allowable maximum ERP
for intermediate values of HAAT is
determined using linear interpolation
based on the units employed in the
table):
TABLE 2 TO PARAGRAPH (b)(2)(i)—
MAXIMUM ALLOWABLE ERP AND ANTENNA HEIGHT FOR TV STATIONS IN
ZONES II OR III ON CHANNELS 7–13
Antenna HAAT
(meters)
610
580
550
520
490
460
425
395
................................................
................................................
................................................
................................................
................................................
................................................
................................................
................................................
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ERP
(kW)
30
34
40
47
54
64
76
92
Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 / Proposed Rules
8657
determined using the following formula,
The revisions read as follows:
TABLE 2 TO PARAGRAPH (b)(2)(i)—
MAXIMUM ALLOWABLE ERP AND AN- with HAAT expressed in meters:
§ 73.616 References to TV station
ERPmax = 72.57–17.08 * log10(HAAT)
TENNA HEIGHT FOR TV STATIONS IN
interference protection methodology.
ZONES II OR III ON CHANNELS 7– Where:
*
*
*
*
*
13—Continued
ERPMax = Maximum Effective Radiated Power
Antenna HAAT
(meters)
ERP
(kW)
measured in decibels above 1 kW (dBk).
HAAT = Height Above Average Terrain
measured in meters.
(4) [Reserved]
(5) [Reserved]
(6) The effective radiated power in
any horizontal or vertical direction may
not exceed the maximum values
(ii) For TV stations located in Zone I
permitted by this section, except that
that operate on channels 7–13 with an
licensees and permittees may request an
HAAT that exceeds 305 meters, the
increase in either ERP in some
allowable maximum ERP expressed in
azimuthal direction or antenna HAAT,
decibels above 1 kW (dBk) is
determined using the following formula, or both, up to the maximum permissible
limits on TV power set forth in
with HAAT expressed in meters:
paragraph (b)(1), (2), or (3) of this
ERPmax = 97.35–33.24 * log10(HAAT)
section, as appropriate, up to that
(iii) For TV stations located in Zone
needed to provide the same geographic
II or III that operate on channels 7–13
coverage area as the largest station
with an HAAT that exceeds 610 meters, within their market. Such requests must
the allowable maximum ERP expressed
be accompanied by a technical showing
in decibels above 1 kW (dBk) is
that the increase complies with the
determined using the following formula, technical criteria in § 73.620, and
with HAAT expressed in meters:
thereby will not result in new
interference exceeding the de minimis
ERPmax = 62.34–17.08 * log10(HAAT)
standard set forth in that section, or
(3) A TV station that operates on a
statements agreeing to the change from
channel 14–36 allotment will be
any co-channel or adjacent channel
allowed a maximum ERP of 1,000 kW if stations that might be affected by
its antenna HAAT is at or below 365
potential new interference, in
meters.
accordance with § 73.620(e). For the
(i) At higher HAAT levels, such TV
purposes of this paragraph:
stations will be allowed to operates with
(i) The maximum ERP value shall not
lower maximum ERP levels in
exceed the maximum permitted at any
accordance with the following table and height within the relevant zone
formulas (the allowable maximum ERP
consistent with the values permitted in
for intermediate values of HAAT is
paragraph (b)(1), (2), or (3) of this
determined using linear interpolation
section. The associated maximum
based on the units employed in the
height for that given ERP may be
table):
exceeded.
(ii) Stations in the same Nielsen DMA
TABLE 3 TO PARAGRAPH (b)(3)(i)—
are considered to be in the same market.
MAXIMUM ALLOWABLE ERP AND AN(iii) ‘‘Geographic coverage area’’ is
TENNA HEIGHT FOR TV STATIONS defined as the number of square
kilometers found within a station’s
ON CHANNELS 14–36, ALL ZONES
F(50,90) contour as calculated in
Antenna HAAT
ERP
§ 73.619. A station taking advantage of
(meters)
(kW)
this provision need not specify coverage
that is congruent with or encompassed
610 ................................................
316
580 ................................................
350 by the largest station in the market.
*
*
*
*
550 ................................................
400 *
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365 ................................................
335 ................................................
305 ................................................
520
490
460
425
395
365
................................................
................................................
................................................
................................................
................................................
................................................
110
132
160
460
540
630
750
900
1,000
(ii) For TV stations located in Zone I,
II or III that operate on channels 14–36
with an HAAT that exceeds 610 meters,
the allowable maximum ERP expressed
in decibels above 1 kW (dBk) is
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17:07 Feb 08, 2023
Jkt 259001
§ 73.615
[Removed and Reserved]
11. Remove and reserve § 73.615.
12. Section 73.616 is amended by:
a. Revising the section heading;
b. Removing and reserving paragraphs
(a), (b), and (c), and the introductory
text to paragraph (d);
■ c. Revising the introductory text to
paragraph (d)(1); and
■ d. Removing and reserving paragraphs
(d)(2), (e) and (g).
■
■
■
■
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Sfmt 4702
(d) [Reserved]
(1) For evaluating compliance with
the requirements of this paragraph,
interference to populations served is to
be predicted based on the most recent
official decennial U.S. Census
population data as identified by the
Media Bureau in a Public Notice issued
not less than 60 days prior to use of the
data for a specific year in application
processing and otherwise according to
the procedure set forth in OET Bulletin
No. 69: ‘‘Longley-Rice Methodology for
Evaluating TV Coverage and
Interference’’ (February 6, 2004)
(incorporated by reference, see
§ 73.8000), including population served
within service areas determined in
accordance with § 73.619, consideration
of whether F(50,10) undesired signals
will exceed the following desired-toundesired (D/U) signal ratios, assumed
use of a directional receiving antenna,
and use of the terrain dependent
Longley-Rice point-to-point propagation
model. Applicants may request the use
of a cell size other than the default of
2.0 km per side, but only requests for
cell sizes of 1.0 km per side or 0.5 km
per side will be considered. The
threshold levels at which interference is
considered to occur are:
*
*
*
*
*
13. Section 73.617 is added to read as
follows:
■
§ 73.617 Interference protection of other
services.
(a) Protection of land mobile
operations on channels 14–20. The
Commission will not accept petitions to
amend the Table of TV Allotments,
applications for new TV stations, or
applications to change the channel or
location of authorized TV stations that
would use channels 14–20 where the
distance between the TV reference
coordinates as defined in § 73.622(d),
would be located less than 250 km from
the city center of a co-channel land
mobile operation or 176 km from the
city center of an adjacent channel land
mobile operation. Such filings that do
not meet the minimum TV-to-land
mobile spacing standards will, however,
be considered where all affected land
mobile licensees consent to the
requested action. Land mobile
operations are authorized on these
channels in the following markets:
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TABLE 1 TO PARAGRAPH (a)—LAND MOBILE OPERATIONS TO BE PROTECTED
City
Channels
Boston, MA ......................................................................................................................
Chicago, IL .......................................................................................................................
Cleveland, OH .................................................................................................................
Dallas, TX ........................................................................................................................
Detroit, MI ........................................................................................................................
Houston, TX .....................................................................................................................
Los Angeles, CA ..............................................................................................................
Miami, FL .........................................................................................................................
New York, NY ..................................................................................................................
Philadelphia, PA ..............................................................................................................
Pittsburgh, PA ..................................................................................................................
San Francisco, CA ...........................................................................................................
Washington, DC ...............................................................................................................
khammond on DSKJM1Z7X2PROD with PROPOSALS3
Note 1 to paragraph (a). The Chief, Public
Safety and Homeland Security Bureau,
waived the rules to allow channel 15 to be
used for land mobile operation in Los
Angeles County, CA (DA 08–2823; adopted
December 30, 2008). Notwithstanding the
channels listed in paragraph (a) of this
section, the waiver requires television
stations to protect this land mobile operation.
(b) Protection of land mobile
operations below channel 14. (1) TV
broadcast stations operating on Channel
14 must take special precautions to
avoid interference to adjacent spectrum
land mobile radio service facilities.
Where a TV station is authorized and
operating prior to the authorization and
operation of the land mobile facility, a
Channel 14 station must attenuate its
emissions within the frequency range
467 to 470 MHz if necessary to permit
reasonable use of the adjacent
frequencies by land mobile licensees.
(2) The requirements listed below
apply to permittees authorized to
construct a new station on TV Channel
14, and to licensees authorized to
change the channel of an existing
station to Channel 14, to increase
effective radiated power (ERP)
(including any change in directional
antenna characteristics that results in an
increase in ERP in any direction), or to
change the transmitting location of an
existing station.
(i) For the purposes of this paragraph
(b), a protected land mobile facility is a
receiver that is intended to receive
transmissions from licensed land mobile
stations within the frequency band
below 470 MHz, and is associated with
one or more land mobile stations for
which a license has been issued by the
Commission, or a proper application has
been received by the Commission prior
to the date of the filing of the TV
construction permit application.
However, a land mobile facility will not
be protected if it is proposed in an
application that is denied or dismissed
and that action is no longer subject to
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14, 16
14, 15
14, 15
16
15, 16
17
14, 16, 20
14
14, 15, 16
19, 20
14, 18
16, 17
17, 18
Commission review. Further, if the land
mobile station is not operating when the
TV facility commences operation and it
does not commence operation within
the time permitted by its authorization
in accordance with part 90 of this
chapter, it will not be protected.
(ii) A TV permittee must take steps
before construction to identify potential
interference to normal land mobile
operation that could be caused by TV
emissions outside the authorized
channel, land mobile receiver
desensitization or intermodulation. It
must install filters and take other
precautions as necessary, and submit
evidence that no interference is being
caused before it will be permitted to
transmit programming on the new
facilities pursuant to the provisions of
§ 73.1615 or § 73.1620 of this part. A TV
permittee must reduce its emissions
within the land mobile channel of a
protected land mobile facility that is
receiving interference caused by the TV
emission producing a vertically
polarized signal and a field strength in
excess of 17 dBu at the land mobile
receiver site on the land mobile
frequency. The TV emission should be
measured with equipment set to a 30
kHz measurement bandwidth including
the entire applicable land mobile
channel. A TV permittee must correct a
desensitization problem if its
occurrence can be directly linked to the
start of the TV operation and the land
mobile station is using facilities with
typical desensitization rejection
characteristics. A TV permittee must
identify the source of an
intermodulation product that is
generated when the TV operation
commences. If the intermodulation
source is under its control, the TV
permittee must correct the problem. If
the intermodulation source is beyond
the TV permittee’s control, it must
cooperate in the resolution of the
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Latitude
42°21′24.4″
41°52′28.1″
41°29′51.2″
32°47′09.5″
42°19′48.1″
29°45′26.8″
34°03′15.0″
25°46′38.4″
40°45′06.4″
39°56′58.4″
40°26′19.2″
37°46′38.7″
38°53′51.4″
Longitude
71°03′23.2″
87°38′22.2″
81°49′49.5″
96°47′38.0″
83°02′56.7″
95°21′37.8″
118°14′31.3″
80°11′31.2″
73°59′37.5″
75°09′19.6″
79°59′59.2″
122°24′43.9″
77°00′31.9″
problem and should provide whatever
technical assistance it can.
(c) Channel 6 Protection of FM radio
stations. Parties requesting new
allotments on channel 6 be added to the
Table of TV Allotments must submit an
engineering study demonstrating that no
interference would be caused to existing
FM radio stations on FM channels 200–
220.
(d) Blanketing interference. Present
information is not sufficiently complete
to establish blanketing interference
areas for television broadcast stations.
Blanketing interference is interference
in an area adjacent to a transmitter in
which the reception of other stations is
subject to interference due to the strong
signal from this station. The
authorization of station construction in
areas where blanketing interference is
found to be excessive will be on the
basis that the applicant will assume full
responsibility for the adjustment of
reasonable complaints arising from
excessively strong signals of the
applicant’s station or take other
corrective action.
(e) Medical telemetry device
notification condition. Stations should
be aware that a condition is placed on
all TV broadcast station authorizations
that result in a change in coverage area,
or all authorizations for new stations,
which requires TV broadcasters to
identify and notify hospital and other
health care facilities within the station’s
coverage area to avoid interference to
medical telemetry devices.
■ 14. Section 73.618 is added to read as
follows:
§ 73.618 Antenna location and principal
community coverage.
(a) The TV antenna location shall be
chosen so that, on the basis of the
effective radiated power (ERP) and
antenna height above average terrain
(HAAT) employed, the following
minimum F(50,90) field strength in dB
above one uV/m will be provided over
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value will be greater than the contour
value because the power in dBk is
negative. Locate the difference value
TABLE 1 TO PARAGRAPH (a)—MINIMUM obtained on the vertical scale at the left
FIELD STRENGTH REQUIRED OVER edge of the appropriate F (50,50) chart
for the TV station’s channel. Follow the
PRINCIPAL COMMUNITY
horizontal line for that value into the
chart to the point of intersection with
dBu
the vertical line above the height of the
Channels 2–6 ...............................
35 antenna above average terrain for the
Channels 7–13 .............................
43 appropriate azimuth located on the
Channels 14–36 ...........................
48 scale at the bottom of the chart. If the
point of intersection does not fall
(b) The location of the antenna must
exactly on a distance curve, interpolate
be so chosen that there is not a major
between the distance curves below and
obstruction in the path over the
above the intersection point. The
principal community to be served.
distance values for the curves are
(c) For the purposes of this section,
located along the right edge of the chart.
coverage is to be determined in
Using the appropriate F (50,10) chart for
accordance with § 73.619(b). Under
the DTV station’s channel, locate the
actual conditions, the true coverage may
point where the distance coincides with
vary from these estimates because the
the vertical line above the height of the
terrain over any specific path is
antenna above average terrain for the
expected to be different from the
appropriate azimuth located on the
average terrain on which the field
scale at the bottom of the chart. Follow
strength charts were based. Further, the
a horizontal line from that point to the
actual extent of service will usually be
left edge of the chart to determine the
less than indicated by these estimates
F (50,10) difference value. Add the
due to interference from other stations.
power value in dBk to this difference
Because of these factors, the predicted
value to determine the F (50,10) contour
field strength contours give no
value in dBu. Subtract the F (50,50)
assurance of service to any specific
contour value in dBu from this F (50,10)
percentage of receiver locations within
contour value in dBu. Subtract this
the distances indicated.
difference from the F (50,50) contour
■ 15. Section 73.619 is added to read as
value in dBu to determine the F (50,90)
follows:
contour value in dBu at the pertinent
distance along the pertinent radial.
§ 73.619 Contours and service areas.
(2)(i) The effective radiated power to
(a) Purposes of the field strength
be used is that radiated at the vertical
contours. The field strength contours
angle corresponding to the depression
will be considered for the following
angle between the transmitting antenna
purposes only:
center of radiation and the radio horizon
(1) In the estimation of coverage
as determined individually for each
resulting from the selection of a
azimuthal direction concerned. The
particular transmitting antenna site by
depression angle is based on the
an applicant for a TV station.
difference in elevation of the antenna
(2) In connection with problems of
center of radiation above the average
coverage arising out of application of
terrain and the radio horizon, assuming
§ 73.3555.
a smooth spherical earth with a radius
(3) In determining compliance with
of 8,495.5 kilometers (5,280 miles) and
§ 73.618(a) concerning the minimum
shall be determined by the following
field strength to be provided over the
equation:
principal community to be served.
Equation 1 to paragraph (b)(2)(i)
(b) Determining coverage. (1) In
A = 0.0277 square root of H
predicting the distance to the field
strength contours, the F (50,50) field
Where:
strength charts (Figures 9, 10 and 10b of A is the depression angle in degrees.
§ 73.699 of this part) and the F (50,10)
H is the height in meters of the transmitting
field strength charts (Figures 9a, 10a and
antenna radiation center above average
terrain of the 3.2–16.1 kilometers (2–10
10c of § 73.699 of this part) shall be
miles) sector of the pertinent radial.
used. To use the charts to predict the
distance to a given F (50,90) contour,
(ii) This equation is empirically
the following procedure is used:
derived for the limited purpose
Convert the effective radiated power in
specified here of determining distance
kilowatts for the appropriate azimuth
to filed strength contours for coverage.
into decibel value referenced to 1 kW
Its use for any other purpose may be
(dBk). Subtract the power value in dBk
inappropriate.
from the contour value in dBu. Note that
(3) Applicants for new TV stations or
for power less than 1 kW, the difference changes in the facilities of existing TV
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the entire principal community to be
served:
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stations must submit to the FCC a
showing as to the location of their
stations’ or proposed stations’ contour.
This showing is to include a map
showing this contour, except where
applicants have previously submitted
material to the FCC containing such
information and it is found upon careful
examination that the contour locations
indicated therein would not change, on
any radial, when the locations are
determined under this section. In the
latter cases, a statement by a qualified
engineer to this effect will satisfy this
requirement and no contour maps need
be submitted.
(4) The antenna height to be used
with these charts is the height of the
radiation center of the antenna above
the average terrain along the radial in
question. In determining the average
elevation of the terrain, the elevations
between 3.2–16.1 kilometers (2–10
miles) from the antenna site are
employed. Path profiles shall be
determined for 8 radials beginning at
the antenna site and extending 16.1
kilometers (10 miles) therefrom. The
radials should be determined for each
45 degrees of azimuth starting with True
North. 10 points per kilometer of
elevation (uniformly spaced) should be
used for each radial. It is not necessary
to take the curvature of the earth into
consideration in this procedure, as this
factor is taken care of in the charts
showing signal strengths. The average
elevation of the 12.9 kilometer (8 miles)
distance between 3.2–16.1 kilometers
(2–10 miles) from the antenna site
should then be determined from the
path profile for each radial. In directions
where the terrain is such that negative
antenna heights or heights below 30.5
meters (100 feet) for the 3.2 to 16.1
kilometers (2 to 10 mile) sector are
obtained, an assumed height of 30.5
meters (100 feet) shall be used for the
prediction of coverage. Actual
calculated values should be used for
computation of height above average
terrain.
(5) In the preparation of the path
profiles previously described, and in
determining the location and height
above sea level of the antenna site, the
elevation or contour intervals shall be
taken from a high quality bald earth
terrain map or dataset such as the
United States Geological Survey
Topographic Quadrangle Maps or the
National Elevation Dataset. If a dataset
is used, the data must be processed for
intermediate points along each radial
using linear interpolation techniques.
(6) It is anticipated that many of these
calculations may be done using
computer software and with
computerized datasets. If software or
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applicable to these pairs of channels
(see § 73.603(a)).
(b) Interference is to be predicted
based on the procedures found in
§ 73.616(d)(1). (c) An application will
not be accepted if it is predicted to
cause interference to more than an
additional 0.5 percent of the population
served by another TV station. For this
purpose, the population served by the
station receiving additional interference
does not include portions of the
population within the noise-limited
service contour of that station that are
predicted to receive interference from
the TV allotment facilities of the
applicant or portions of that population
receiving masking interference from any
other station.
TABLE 1 TO PARAGRAPH (C)(1)—
(d) A petition to add a new channel
NOISE LIMITED SERVICE LEVELS
to the TV Table or any application to
modify an existing TV station or
dBu
allotment will not be accepted if it is
Channels 2–6 ...............................
28 predicted to cause more than 0.5
Channels 7–13 .............................
36 percent new interference, consistent
Channels 14–36 ...........................
41 with paragraphs (a) and (b) of this
section, to a Class A TV station
(2) Within this contour, service is
authorized pursuant to subpart J of this
considered available at locations where
part, within the protected contour
the station’s signal strength, as
defined in § 73.6010.
predicted using the terrain dependent
(e) Negotiated agreements on
Longley-Rice point-to-point propagation interference. TV stations may operate
model, exceeds the levels above.
with increased effective radiated power
Guidance for evaluating coverage areas
(ERP) and/or antenna height above
using the Longley-Rice methodology is
average terrain (HAAT) that would
provided in OET Bulletin No. 69. For
result in more than 0.5 percent
availability of OET Bulletin No. 69
additional interference to another TV
(which is incorporated by reference
station if that station agrees, in writing,
elsewhere in this part), contact FCC (see to accept the additional interference.
§ 73.8000 for contact information).
Such agreements must be submitted
(d) Protected facilities of an allotment. with the application for authority to
The protected facilities of a TV
construct or modify the affected TV
allotment shall be the facilities (effective station. Negotiated agreements under
this paragraph can include the exchange
radiated power, antenna height and
of money or other considerations from
antenna directional radiation pattern, if
one station to another, including
any) authorized by a construction
payments to and from noncommercial
permit or license, or, where such an
television stations assigned to reserved
authorization is not available for
channels. Applications submitted
establishing reference facilities, the
pursuant to the provisions of this
facilities designated in the FCC order
paragraph will be granted only if the
creating or modifying the Table of TV
Commission finds that such action is
Allotments.
consistent with the public interest.
■ 16. Section 73.620 is added to read as
(f) The interference protection
follows:
requirements contained in this section
§ 73.620 Interference calculation and
apply to television station operations
protection of TV broadcast services.
under both the TV transmission
(a) Due to the frequency spacing that
standard in § 73.682(d) and the Next
exists between Channels 4 and 5,
Gen TV transmission standard in
between Channels 6 and 7, and between § 73.682(f).
Channels 13 and 14, the minimum
■ 17. Section 73.621 is amended by
adjacent channel technical criteria
removing and reserving paragraphs (g)
specified in this section shall not be
and (h) and revising paragraph (j).
khammond on DSKJM1Z7X2PROD with PROPOSALS3
datasets besides those officially adopted
by the FCC are utilized, the alternate
software or data must be identified.
(c) TV Service Areas. (1) The service
area of a TV 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. The noiselimited contour is the area in which the
predicted F(50,90) field strength of the
station’s signal, in dB above 1 microvolt
per meter (dBu) as determined using the
method in § 73.619(b) exceeds the
following levels (these are the levels at
which reception of TV service is limited
by noise):
§ 73.621 Noncommercial educational TV
stations.
*
*
*
*
*
(j) The requirements of this section
apply to the entire digital bitstream of
noncommercial educational television
stations, including the provision of
ancillary or supplementary services.
■ 18. Revise § 73.622 to read as follows:
§ 73.622
Table of TV allotments.
(a) General. The following table of TV
allotments contains the television
channel allotments designated for the
listed communities in the United States,
its Territories, and possessions.
Requests for addition of new TV
allotments, or requests to change the
channels allotted to a community, must
be made in a petition for rule making to
amend the Table of TV Allotments. A
request to amend the Table of TV
Allotments to add an allotment or
change the channel of an allotment in
the Table will be evaluated for technical
acceptability using engineering criteria
set forth in §§ 73.617, 73.618, and
73.620. A request to amend the TV table
to add a new allotment will be
evaluated for technical acceptability
using the geographic spacing criteria set
forth in § 73.622(k) and the engineering
criteria set forth in §§ 73.614, 73.617,
73.618, and 73.620(a) and (d). TV
allotments designated with an asterisk
are assigned for use by non-commercial
educational broadcast stations only.
Rules governing noncommercial
educational TV stations are contained in
§ 73.621.
(b)[Reserved]
(c) [Reserved]
(d) Reference points and distance
computations.
(1) [Reserved]
(2) The reference coordinates of a TV
allotment shall be the coordinates of the
authorized facility. Where such a
transmitter site is not available for use
as reference coordinates, such as a new
allotment, the coordinates shall be those
designated in the FCC order modifying
the Table of TV Allotments.
(e) [Reserved]
(f) [Reserved]
(g) [Reserved]
(h) [Reserved]
(i) [Reserved]
(j) Table of TV Allotments.
Community
Channel No.
Alabama:
Anniston ................................................................................................................................
Bessemer ..............................................................................................................................
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Community
Channel No.
Birmingham ...........................................................................................................................
Demopolis .............................................................................................................................
Dothan ..................................................................................................................................
Dozier ...................................................................................................................................
Florence ................................................................................................................................
Gadsden ...............................................................................................................................
Gulf Shores ...........................................................................................................................
Homewood ............................................................................................................................
Hoover ..................................................................................................................................
Huntsville ..............................................................................................................................
Louisville ...............................................................................................................................
Mobile ...................................................................................................................................
Montgomery ..........................................................................................................................
Mount Cheaha ......................................................................................................................
Opelika ..................................................................................................................................
Ozark ....................................................................................................................................
Selma ....................................................................................................................................
Troy .......................................................................................................................................
Tuscaloosa ...........................................................................................................................
Tuskegee ..............................................................................................................................
Vernon ..................................................................................................................................
Alaska:
Anchorage ............................................................................................................................
Bethel ....................................................................................................................................
Fairbanks ..............................................................................................................................
Juneau ..................................................................................................................................
Ketchikan ..............................................................................................................................
North Pole .............................................................................................................................
Sitka ......................................................................................................................................
Arizona:
Douglas .................................................................................................................................
Flagstaff ................................................................................................................................
Green Valley .........................................................................................................................
Holbrook ...............................................................................................................................
Kingman ................................................................................................................................
Mesa .....................................................................................................................................
Phoenix .................................................................................................................................
Prescott .................................................................................................................................
Sierra Vista ...........................................................................................................................
Tolleson ................................................................................................................................
Tucson ..................................................................................................................................
Yuma ....................................................................................................................................
Arkansas:
Arkadelphia ...........................................................................................................................
Camden ................................................................................................................................
El Dorado ..............................................................................................................................
Eureka Springs .....................................................................................................................
Fayetteville ............................................................................................................................
Fort Smith .............................................................................................................................
Harrison ................................................................................................................................
Hot Springs ...........................................................................................................................
Jonesboro .............................................................................................................................
Little Rock .............................................................................................................................
Mountain View ......................................................................................................................
Pine Bluff ..............................................................................................................................
Rogers ..................................................................................................................................
Springdale .............................................................................................................................
California:
Anaheim ................................................................................................................................
Arcata ...................................................................................................................................
Avalon ...................................................................................................................................
Bakersfield ............................................................................................................................
Bishop ...................................................................................................................................
Calipatria ...............................................................................................................................
Ceres ....................................................................................................................................
Chico .....................................................................................................................................
Clovis ....................................................................................................................................
Concord ................................................................................................................................
Corona ..................................................................................................................................
Cotati ....................................................................................................................................
El Centro ...............................................................................................................................
Eureka ..................................................................................................................................
Fort Bragg .............................................................................................................................
Fremont ................................................................................................................................
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*19
21, 36
*10
2, *22
26
27
21
33
15, 17, 18, 19, *24
*30
9, 15, 18, 20, 23, *30
8, 22, *27, 28, 31
*12
17
33
25, 34
19
6, 36
18
*4
7, *8, 10, 12, 20, *26, 28, 33
*3
7, *9, 18, 26
*10, 11
13
20
7
36
13, 22, 32
34
*11
19
18
*8, 10, 15, 17, 20, 24, 26, 27, 29, 33
7
21
31
9, 16, 19, 23, 25, *28, *30, 32
11, 13
*13
18
*10, 27
25
*9, 15
18, 21, 27
31
16
18, *20, 27
*7, 12, 22, 28, 30, 32, *36
*13
24, 34
33
29
12
22
S
10, 25, 26, 33
20
36
*15
20, 36
27
S
25
*5
9, 22
3, *11, 17, 28
* 4, 8
S
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Community
Channel No.
Fresno ...................................................................................................................................
Garden Grove .......................................................................................................................
Hanford .................................................................................................................................
Huntington Beach .................................................................................................................
Inglewood .............................................................................................................................
Long Beach ..........................................................................................................................
Los Angeles ..........................................................................................................................
Merced ..................................................................................................................................
Modesto ................................................................................................................................
Monterey ...............................................................................................................................
Oakland ................................................................................................................................
Ontario ..................................................................................................................................
Palm Springs ........................................................................................................................
Palo Alto ...............................................................................................................................
Paradise ................................................................................................................................
Porterville ..............................................................................................................................
Rancho Palos Verdes ...........................................................................................................
Redding ................................................................................................................................
Riverside ...............................................................................................................................
Sacramento ..........................................................................................................................
Salinas ..................................................................................................................................
San Bernardino .....................................................................................................................
San Diego .............................................................................................................................
San Francisco .......................................................................................................................
San Jose ...............................................................................................................................
San Luis Obispo ...................................................................................................................
San Mateo ............................................................................................................................
Sanger ..................................................................................................................................
Santa Ana .............................................................................................................................
Santa Barbara ......................................................................................................................
Santa Maria ..........................................................................................................................
Stockton ................................................................................................................................
Twentynine Palms ................................................................................................................
Vallejo ...................................................................................................................................
Ventura .................................................................................................................................
Visalia ...................................................................................................................................
Watsonville ...........................................................................................................................
Colorado:
Boulder .................................................................................................................................
Broomfield .............................................................................................................................
Castle Rock ..........................................................................................................................
Colorado Springs ..................................................................................................................
Denver ..................................................................................................................................
Durango ................................................................................................................................
Fort Collins ...........................................................................................................................
Glenwood Springs ................................................................................................................
Grand Junction .....................................................................................................................
Greeley .................................................................................................................................
Longmont ..............................................................................................................................
Montrose ...............................................................................................................................
Pueblo ...................................................................................................................................
Steamboat Springs ...............................................................................................................
Sterling ..................................................................................................................................
Connecticut:
Bridgeport .............................................................................................................................
Hartford .................................................................................................................................
New Britain ...........................................................................................................................
New Haven ...........................................................................................................................
New London .........................................................................................................................
Norwich .................................................................................................................................
Stamford ...............................................................................................................................
Waterbury .............................................................................................................................
Delaware:
Dover ....................................................................................................................................
Seaford .................................................................................................................................
Wilmington ............................................................................................................................
District of Columbia:
Washington ...........................................................................................................................
Florida:
Boca Raton ...........................................................................................................................
Boynton Beach .....................................................................................................................
Bradenton .............................................................................................................................
Cape Coral ...........................................................................................................................
Clearwater ............................................................................................................................
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11
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32, S
31
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26, 28
S
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30
*9, 15
S
*9, 10, 21, 22, 24, 35
8, 11
*5, 24
8, 10, 17, 18, *19, 26
7, 12, 20, 28, 29, *30, 32, S, S, *S
13, 19, 33, 36, *S
15, 34
*27
36
33
21, 27
19
23, 25, 26
23
34
S
*22, 28
*25
32
*13
15
22, 24, 26
7, 9, 18, *20, 28, 31, *33, 34, 35, 36
15, *20, 33
21
23
2, 7, 12, 15, *18
17
29
13
*8, 25, 27
10
23
S
*30, 34, 36, S
31
10, S, *S
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*9
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*25
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Community
Channel No.
Clermont ...............................................................................................................................
Cocoa ...................................................................................................................................
Daytona Beach .....................................................................................................................
Destin ....................................................................................................................................
Fort Lauderdale ....................................................................................................................
Fort Myers ............................................................................................................................
Fort Pierce ............................................................................................................................
Fort Walton Beach ................................................................................................................
Gainesville ............................................................................................................................
High Springs .........................................................................................................................
Hollywood .............................................................................................................................
Jacksonville ..........................................................................................................................
Key West ..............................................................................................................................
Lake Worth ...........................................................................................................................
Lakeland ...............................................................................................................................
Leesburg ...............................................................................................................................
Live Oak ...............................................................................................................................
Marianna ...............................................................................................................................
Melbourne .............................................................................................................................
Miami ....................................................................................................................................
Naples ...................................................................................................................................
New Smyrna Beach ..............................................................................................................
Ocala ....................................................................................................................................
Orange Park .........................................................................................................................
Orlando .................................................................................................................................
Palm Beach ..........................................................................................................................
Panama City .........................................................................................................................
Panama City Beach ..............................................................................................................
Pensacola .............................................................................................................................
Sarasota ...............................................................................................................................
St. Petersburg .......................................................................................................................
Stuart ....................................................................................................................................
Tallahassee ..........................................................................................................................
Tampa ...................................................................................................................................
Tequesta ...............................................................................................................................
Tice .......................................................................................................................................
Venice ...................................................................................................................................
West Palm Beach .................................................................................................................
Georgia:
Albany ...................................................................................................................................
Athens ...................................................................................................................................
Atlanta ...................................................................................................................................
Augusta .................................................................................................................................
Bainbridge .............................................................................................................................
Baxley ...................................................................................................................................
Brunswick .............................................................................................................................
Chatsworth ............................................................................................................................
Cochran ................................................................................................................................
Columbus ..............................................................................................................................
Cordele .................................................................................................................................
Dalton ...................................................................................................................................
Dawson .................................................................................................................................
Macon ...................................................................................................................................
Monroe ..................................................................................................................................
Pelham ..................................................................................................................................
Perry .....................................................................................................................................
Rome ....................................................................................................................................
Savannah ..............................................................................................................................
Thomasville ...........................................................................................................................
Toccoa ..................................................................................................................................
Valdosta ................................................................................................................................
Waycross ..............................................................................................................................
Wrens ...................................................................................................................................
Hawaii:
Hilo ........................................................................................................................................
Honolulu ................................................................................................................................
Kailua ....................................................................................................................................
Kailua-Kona ..........................................................................................................................
Kaneohe ...............................................................................................................................
Wailuku .................................................................................................................................
Waimanalo ............................................................................................................................
Idaho:
Boise .....................................................................................................................................
Caldwell ................................................................................................................................
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9, 10, 21, 22, 23, *26, 27, 28, *29, 31, 32
28, 32
*24
31
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26, 27, 28, 33, *34, 35
7
9, 13, 16, *28
33
17, *24, 34, 35
24
10, 19, S
34
22, 24, 27, *32
9, 12, *13, 17, 20, *S
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25
12, 13, 35
10,
*7,
10, 19, *21, 25, 27, 31, 32, *34,
27, 28,
29
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*4
*9
*5, 11, 15, 24, 35
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*7
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*6
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*8, 16, 22, 23
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Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 / Proposed Rules
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Community
Channel No.
Coeur d’Alene .......................................................................................................................
Filer .......................................................................................................................................
Idaho Falls ............................................................................................................................
Lewiston ................................................................................................................................
Moscow .................................................................................................................................
Nampa ..................................................................................................................................
Pocatello ...............................................................................................................................
Sun Valley ............................................................................................................................
Twin Falls .............................................................................................................................
Illinois:
Aurora ...................................................................................................................................
Bloomington ..........................................................................................................................
Carbondale ...........................................................................................................................
Champaign ...........................................................................................................................
Charleston ............................................................................................................................
Chicago .................................................................................................................................
Decatur .................................................................................................................................
East St. Louis .......................................................................................................................
Freeport ................................................................................................................................
Galesburg .............................................................................................................................
Harrisburg .............................................................................................................................
Jacksonville ..........................................................................................................................
Joliet .....................................................................................................................................
Macomb ................................................................................................................................
Marion ...................................................................................................................................
Moline ...................................................................................................................................
Mount Vernon .......................................................................................................................
Naperville ..............................................................................................................................
Olney ....................................................................................................................................
Oswego .................................................................................................................................
Peoria ...................................................................................................................................
Quincy ...................................................................................................................................
Rock Island ...........................................................................................................................
Rockford ...............................................................................................................................
Springfield .............................................................................................................................
Urbana ..................................................................................................................................
Indiana:
Angola ...................................................................................................................................
Bloomington ..........................................................................................................................
Elkhart ...................................................................................................................................
Evansville ..............................................................................................................................
Fort Wayne ...........................................................................................................................
Gary ......................................................................................................................................
Hammond .............................................................................................................................
Indianapolis ...........................................................................................................................
Kokomo .................................................................................................................................
Lafayette ...............................................................................................................................
Marion ...................................................................................................................................
Muncie ..................................................................................................................................
Richmond ..............................................................................................................................
Salem ....................................................................................................................................
South Bend ...........................................................................................................................
Terre Haute ..........................................................................................................................
Vincennes .............................................................................................................................
Iowa:
Ames .....................................................................................................................................
Burlington ..............................................................................................................................
Cedar Rapids ........................................................................................................................
Council Bluffs ........................................................................................................................
Davenport .............................................................................................................................
Des Moines ...........................................................................................................................
Dubuque ...............................................................................................................................
Fort Dodge ............................................................................................................................
Iowa City ...............................................................................................................................
Mason City ............................................................................................................................
Newton ..................................................................................................................................
Ottumwa ...............................................................................................................................
Red Oak ...............................................................................................................................
Sioux City .............................................................................................................................
Waterloo ...............................................................................................................................
Kansas:
Colby .....................................................................................................................................
Derby ....................................................................................................................................
Dodge City ............................................................................................................................
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*8
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*30
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9
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*18
35
*36
30
*23, 31
13
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*23
10
24, 25, 26, *35
22, 32, *34
4
13, 16, 36
11, 15, 16
*9, 36
12
27, 28, *33, S
30
*9, 12, 22, 26, 28
*18, 20, 24, 32, 34
*17, S
21
7, 9, 13, *21, 22, *23, 25
15
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27, 29, *31, 36
10, 18, 35
*31
5, 23, *34
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*18, 24
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9, 14, *28, 30, 32
7, *35
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31
*21
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Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS3
Community
Channel No.
Ensign ...................................................................................................................................
Garden City ..........................................................................................................................
Goodland ..............................................................................................................................
Great Bend ...........................................................................................................................
Hays ......................................................................................................................................
Hoisington .............................................................................................................................
Hutchinson ............................................................................................................................
Lakin .....................................................................................................................................
Lawrence ..............................................................................................................................
Pittsburg ................................................................................................................................
Salina ....................................................................................................................................
Topeka ..................................................................................................................................
Wichita ..................................................................................................................................
Kentucky:
Ashland .................................................................................................................................
Beattyville .............................................................................................................................
Bowling Green ......................................................................................................................
Covington ..............................................................................................................................
Danville .................................................................................................................................
Elizabethtown .......................................................................................................................
Harlan ...................................................................................................................................
Hazard ..................................................................................................................................
Lexington ..............................................................................................................................
Louisville ...............................................................................................................................
Madisonville ..........................................................................................................................
Morehead ..............................................................................................................................
Murray ...................................................................................................................................
Newport ................................................................................................................................
Owensboro ...........................................................................................................................
Owenton ...............................................................................................................................
Paducah ................................................................................................................................
Pikeville .................................................................................................................................
Richmond ..............................................................................................................................
Somerset ..............................................................................................................................
Louisiana:
Alexandria .............................................................................................................................
Baton Rouge .........................................................................................................................
Columbia ...............................................................................................................................
Hammond .............................................................................................................................
Lafayette ...............................................................................................................................
Lake Charles ........................................................................................................................
Minden ..................................................................................................................................
Monroe ..................................................................................................................................
New Iberia ............................................................................................................................
New Orleans .........................................................................................................................
Shreveport ............................................................................................................................
Slidell ....................................................................................................................................
West Monroe ........................................................................................................................
Maine:
Augusta .................................................................................................................................
Bangor ..................................................................................................................................
Biddeford ..............................................................................................................................
Calais ....................................................................................................................................
Lewiston ................................................................................................................................
Orono ....................................................................................................................................
Poland Spring .......................................................................................................................
Portland ................................................................................................................................
Presque Isle ..........................................................................................................................
Waterville ..............................................................................................................................
Maryland:
Annapolis ..............................................................................................................................
Baltimore ...............................................................................................................................
Frederick ...............................................................................................................................
Hagerstown ...........................................................................................................................
Oakland ................................................................................................................................
Salisbury ...............................................................................................................................
Silver Spring .........................................................................................................................
Massachusetts:
Boston ...................................................................................................................................
Cambridge ............................................................................................................................
Foxborough ...........................................................................................................................
Lowell ....................................................................................................................................
Marlborough ..........................................................................................................................
New Bedford .........................................................................................................................
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*11, 12, 13, 16, 27
10, 15, 26, 28
13, *18,
21, 27,
8, 11, 14, *30, 32,
19,
13, *36
7
24, *29
*22
19
*23
S
20, *33
28, *35
*34, 36
*31
*30
*17
15
17
*24
*23, 25
*23
25
*17
26, 31, *33, 35
9, 13, 24, *25, 34
11
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10, 16, *23, 28
7, 18, *20
32
*13, 24
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15, 19, 21, *23, 26, 27, *28, 29, 33
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*20
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khammond on DSKJM1Z7X2PROD with PROPOSALS3
Community
Channel No.
Norwell ..................................................................................................................................
Pittsfield ................................................................................................................................
Springfield .............................................................................................................................
Woburn .................................................................................................................................
Worcester .............................................................................................................................
Michigan:
Alpena ...................................................................................................................................
Ann Arbor .............................................................................................................................
Bad Axe ................................................................................................................................
Battle Creek ..........................................................................................................................
Bay City ................................................................................................................................
Cadillac .................................................................................................................................
Calumet ................................................................................................................................
Cheboygan ...........................................................................................................................
Detroit ...................................................................................................................................
East Lansing .........................................................................................................................
Escanaba ..............................................................................................................................
Flint .......................................................................................................................................
Grand Rapids .......................................................................................................................
Ishpeming .............................................................................................................................
Kalamazoo ............................................................................................................................
Lansing .................................................................................................................................
Manistee ...............................................................................................................................
Marquette ..............................................................................................................................
Mount Clemens ....................................................................................................................
Mount Pleasant .....................................................................................................................
Muskegon .............................................................................................................................
Onondaga .............................................................................................................................
Saginaw ................................................................................................................................
Sault Ste. Marie ....................................................................................................................
Traverse City ........................................................................................................................
Vanderbilt ..............................................................................................................................
Minnesota:
Alexandria .............................................................................................................................
Appleton ................................................................................................................................
Austin ....................................................................................................................................
Bemidji ..................................................................................................................................
Brainerd ................................................................................................................................
Chisholm ...............................................................................................................................
Crookston .............................................................................................................................
Duluth ...................................................................................................................................
Hibbing ..................................................................................................................................
Mankato ................................................................................................................................
Minneapolis ...........................................................................................................................
Redwood Falls ......................................................................................................................
Rochester .............................................................................................................................
St. Cloud ...............................................................................................................................
St. Paul .................................................................................................................................
Thief River Falls ...................................................................................................................
Walker ...................................................................................................................................
Worthington ..........................................................................................................................
Mississippi:
Biloxi .....................................................................................................................................
Booneville .............................................................................................................................
Bude .....................................................................................................................................
Columbus ..............................................................................................................................
Greenville ..............................................................................................................................
Greenwood ...........................................................................................................................
Gulfport .................................................................................................................................
Hattiesburg ...........................................................................................................................
Holly Springs ........................................................................................................................
Jackson .................................................................................................................................
Laurel ....................................................................................................................................
Magee ...................................................................................................................................
Meridian ................................................................................................................................
Mississippi State ...................................................................................................................
Natchez .................................................................................................................................
Oxford ...................................................................................................................................
Senatobia ..............................................................................................................................
Tupelo ...................................................................................................................................
Vicksburg ..............................................................................................................................
West Point ............................................................................................................................
Missouri:
Cape Girardeau ....................................................................................................................
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8, 10
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*10
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*8, 10, 18, 27, 33
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32, 36
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khammond on DSKJM1Z7X2PROD with PROPOSALS3
Community
Channel No.
Columbia ...............................................................................................................................
Hannibal ................................................................................................................................
Jefferson City ........................................................................................................................
Joplin ....................................................................................................................................
Kansas City ..........................................................................................................................
Kirksville ................................................................................................................................
Osage Beach ........................................................................................................................
Poplar Bluff ...........................................................................................................................
Sedalia ..................................................................................................................................
Springfield .............................................................................................................................
St. Joseph .............................................................................................................................
St. Louis ................................................................................................................................
Montana:
Billings ..................................................................................................................................
Bozeman ...............................................................................................................................
Butte .....................................................................................................................................
Glendive ................................................................................................................................
Great Falls ............................................................................................................................
Hardin ...................................................................................................................................
Havre ....................................................................................................................................
Helena ..................................................................................................................................
Kalispell ................................................................................................................................
Miles City ..............................................................................................................................
Missoula ................................................................................................................................
Nebraska:
Alliance .................................................................................................................................
Bassett ..................................................................................................................................
Grand Island .........................................................................................................................
Hastings ................................................................................................................................
Hayes Center ........................................................................................................................
Kearney ................................................................................................................................
Lexington ..............................................................................................................................
Lincoln ..................................................................................................................................
McCook .................................................................................................................................
Merriman ...............................................................................................................................
Missoula ................................................................................................................................
Norfolk ..................................................................................................................................
North Platte ...........................................................................................................................
Omaha ..................................................................................................................................
Scottsbluff .............................................................................................................................
Sidney ...................................................................................................................................
York ......................................................................................................................................
Nevada:
Elko .......................................................................................................................................
Ely .........................................................................................................................................
Henderson ............................................................................................................................
Las Vegas .............................................................................................................................
Laughlin ................................................................................................................................
Paradise ................................................................................................................................
Reno .....................................................................................................................................
Tonopah ................................................................................................................................
Winnemucca .........................................................................................................................
New Hampshire:
Concord ................................................................................................................................
Derry .....................................................................................................................................
Durham .................................................................................................................................
Keene ...................................................................................................................................
Littleton .................................................................................................................................
Manchester ...........................................................................................................................
Merrimack .............................................................................................................................
New Jersey:
Atlantic City ...........................................................................................................................
Camden ................................................................................................................................
Jersey City ............................................................................................................................
Linden ...................................................................................................................................
Middletown Township ...........................................................................................................
Millville ..................................................................................................................................
Montclair ...............................................................................................................................
Mount Laurel .........................................................................................................................
New Brunswick .....................................................................................................................
Newark ..................................................................................................................................
Newton ..................................................................................................................................
Paterson ...............................................................................................................................
Princeton ...............................................................................................................................
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10, *16, 19, 28
7, 21
14, *23, 24, 26, 31, 33, 35
11, *16, 18, 20
* 8, 27
15, 19, 20, 24
5
8, 17, * 21, 22, 26
22
9
29, 31
9, *15
3
7, *11, 20, 23
*13
*7
11
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6
18
*26
8, 10, *12, 15
12
*12
*11, 20, 23, 25
*19
2, *9
*17, 20, 22, 26, 29, 31
29
7
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10
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2, 7, *11, 13, 16, 22, 29
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Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS3
Community
Channel No.
Secaucus ..............................................................................................................................
Trenton .................................................................................................................................
Vineland ................................................................................................................................
Wildwood ..............................................................................................................................
New Mexico:
Albuquerque .........................................................................................................................
Carlsbad ...............................................................................................................................
Clovis ....................................................................................................................................
Farmington ............................................................................................................................
Hobbs ...................................................................................................................................
Las Cruces ...........................................................................................................................
Portales .................................................................................................................................
Roswell .................................................................................................................................
Santa Fe ...............................................................................................................................
Silver City .............................................................................................................................
New York:
Albany ...................................................................................................................................
Amsterdam ...........................................................................................................................
Batavia ..................................................................................................................................
Binghamton ...........................................................................................................................
Buffalo ...................................................................................................................................
Carthage ...............................................................................................................................
Corning .................................................................................................................................
Elmira ....................................................................................................................................
Garden City ..........................................................................................................................
Ithaca ....................................................................................................................................
Jamestown ............................................................................................................................
New Rochelle .......................................................................................................................
New York ..............................................................................................................................
Norwood ...............................................................................................................................
Plattsburgh ............................................................................................................................
Riverhead .............................................................................................................................
Rochester .............................................................................................................................
Saranac Lake .......................................................................................................................
Schenectady .........................................................................................................................
Smithtown .............................................................................................................................
Springville .............................................................................................................................
Syracuse ...............................................................................................................................
Utica ......................................................................................................................................
Watertown .............................................................................................................................
North Carolina:
Archer Lodge ........................................................................................................................
Asheville ...............................................................................................................................
Belmont .................................................................................................................................
Burlington ..............................................................................................................................
Chapel Hill ............................................................................................................................
Charlotte ...............................................................................................................................
Concord ................................................................................................................................
Durham .................................................................................................................................
Edenton ................................................................................................................................
Fayetteville ............................................................................................................................
Goldsboro .............................................................................................................................
Greensboro ...........................................................................................................................
Greenville ..............................................................................................................................
Hickory ..................................................................................................................................
High Point .............................................................................................................................
Jacksonville ..........................................................................................................................
Kannapolis ............................................................................................................................
Lexington ..............................................................................................................................
Linville ...................................................................................................................................
Lumberton .............................................................................................................................
Manteo ..................................................................................................................................
New Bern ..............................................................................................................................
Raleigh ..................................................................................................................................
Roanoke Rapids ...................................................................................................................
Rocky Mount .........................................................................................................................
Wake Forest .........................................................................................................................
Washington ...........................................................................................................................
Wilmington ............................................................................................................................
Winston-Salem .....................................................................................................................
North Dakota:
Bismarck ...............................................................................................................................
Devils Lake ...........................................................................................................................
Dickinson ..............................................................................................................................
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09FEP4
8669
Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS3
Community
Channel No.
Ellendale ...............................................................................................................................
Fargo ....................................................................................................................................
Grand Forks ..........................................................................................................................
Jamestown ............................................................................................................................
Minot .....................................................................................................................................
Pembina ................................................................................................................................
Valley City .............................................................................................................................
Williston ................................................................................................................................
Ohio:
Akron ....................................................................................................................................
Alliance .................................................................................................................................
Athens ...................................................................................................................................
Bowling Green ......................................................................................................................
Cambridge ............................................................................................................................
Canton ..................................................................................................................................
Chillicothe .............................................................................................................................
Cincinnati ..............................................................................................................................
Cleveland ..............................................................................................................................
Columbus ..............................................................................................................................
Dayton ..................................................................................................................................
Lima ......................................................................................................................................
London ..................................................................................................................................
Lorain ....................................................................................................................................
Mansfield ..............................................................................................................................
Oxford ...................................................................................................................................
Portsmouth ...........................................................................................................................
Sandusky ..............................................................................................................................
Shaker Heights .....................................................................................................................
Springfield .............................................................................................................................
Steubenville ..........................................................................................................................
Toledo ...................................................................................................................................
Youngstown ..........................................................................................................................
Zanesville ..............................................................................................................................
Oklahoma:
Ada .......................................................................................................................................
Bartlesville ............................................................................................................................
Cheyenne .............................................................................................................................
Claremore .............................................................................................................................
Eufaula ..................................................................................................................................
Lawton ..................................................................................................................................
Muskogee .............................................................................................................................
Norman .................................................................................................................................
Oklahoma City ......................................................................................................................
Okmulgee .............................................................................................................................
Shawnee ...............................................................................................................................
Tulsa .....................................................................................................................................
Woodward .............................................................................................................................
Oregon:
Bend .....................................................................................................................................
Coos Bay ..............................................................................................................................
Corvallis ................................................................................................................................
Eugene .................................................................................................................................
Grants Pass ..........................................................................................................................
Klamath Falls ........................................................................................................................
La Grande .............................................................................................................................
Medford .................................................................................................................................
Pendleton ..............................................................................................................................
Portland ................................................................................................................................
Roseburg ..............................................................................................................................
Salem ....................................................................................................................................
Pennsylvania:
Allentown ..............................................................................................................................
Altoona ..................................................................................................................................
Bethlehem .............................................................................................................................
Clearfield ...............................................................................................................................
Erie .......................................................................................................................................
Greensburg ...........................................................................................................................
Harrisburg .............................................................................................................................
Hazleton ................................................................................................................................
Jeannette ..............................................................................................................................
Johnstown .............................................................................................................................
Lancaster ..............................................................................................................................
Philadelphia ..........................................................................................................................
Pittsburgh ..............................................................................................................................
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09FEP4
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Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS3
Community
Channel No.
Red Lion ...............................................................................................................................
Scranton ...............................................................................................................................
Wilkes-Barre .........................................................................................................................
Williamsport ..........................................................................................................................
Willow Grove ........................................................................................................................
York ......................................................................................................................................
Rhode Island:
Newport ................................................................................................................................
Providence ............................................................................................................................
South Carolina:
Allendale ...............................................................................................................................
Anderson ..............................................................................................................................
Beaufort ................................................................................................................................
Charleston ............................................................................................................................
Columbia ...............................................................................................................................
Conway .................................................................................................................................
Florence ................................................................................................................................
Greenville ..............................................................................................................................
Greenwood ...........................................................................................................................
Hardeeville ............................................................................................................................
Myrtle Beach .........................................................................................................................
Rock Hill ...............................................................................................................................
Spartanburg ..........................................................................................................................
Sumter ..................................................................................................................................
South Dakota:
Aberdeen ..............................................................................................................................
Brookings ..............................................................................................................................
Eagle Butte ...........................................................................................................................
Florence ................................................................................................................................
Huron ....................................................................................................................................
Lead ......................................................................................................................................
Lowry ....................................................................................................................................
Martin ....................................................................................................................................
Mitchell ..................................................................................................................................
Pierre ....................................................................................................................................
Rapid City .............................................................................................................................
Reliance ................................................................................................................................
Sioux Falls ............................................................................................................................
Vermillion ..............................................................................................................................
Tennessee:
Chattanooga .........................................................................................................................
Cleveland ..............................................................................................................................
Cookeville .............................................................................................................................
Crossville ..............................................................................................................................
Franklin .................................................................................................................................
Greeneville ............................................................................................................................
Hendersonville ......................................................................................................................
Jackson .................................................................................................................................
Jellico ....................................................................................................................................
Johnson City .........................................................................................................................
Kingsport ...............................................................................................................................
Knoxville ...............................................................................................................................
Lebanon ................................................................................................................................
Lexington ..............................................................................................................................
Memphis ...............................................................................................................................
Murfreesboro ........................................................................................................................
Nashville ...............................................................................................................................
Sneedville .............................................................................................................................
Tazewell ................................................................................................................................
Texas:
Abilene ..................................................................................................................................
Alvin ......................................................................................................................................
Amarillo .................................................................................................................................
Arlington ................................................................................................................................
Austin ....................................................................................................................................
Baytown ................................................................................................................................
Beaumont .............................................................................................................................
Belton ....................................................................................................................................
Big Spring .............................................................................................................................
Blanco ...................................................................................................................................
Borger ...................................................................................................................................
Bryan ....................................................................................................................................
College Station .....................................................................................................................
Conroe ..................................................................................................................................
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Community
Channel No.
Corpus Christi .......................................................................................................................
Dallas ....................................................................................................................................
Decatur .................................................................................................................................
Del Rio ..................................................................................................................................
Denton ..................................................................................................................................
Eagle Pass ...........................................................................................................................
El Paso .................................................................................................................................
Farwell ..................................................................................................................................
Fort Worth .............................................................................................................................
Fredericksburg ......................................................................................................................
Galveston ..............................................................................................................................
Garland .................................................................................................................................
Greenville ..............................................................................................................................
Harlingen ..............................................................................................................................
Houston ................................................................................................................................
Irving .....................................................................................................................................
Jacksonville ..........................................................................................................................
Katy .......................................................................................................................................
Kerrville .................................................................................................................................
Killeen ...................................................................................................................................
Lake Dallas ...........................................................................................................................
Laredo ...................................................................................................................................
Llano .....................................................................................................................................
Longview ...............................................................................................................................
Lubbock ................................................................................................................................
Lufkin ....................................................................................................................................
McAllen .................................................................................................................................
Midland .................................................................................................................................
Nacogdoches ........................................................................................................................
Odessa .................................................................................................................................
Port Arthur ............................................................................................................................
Rio Grande ...........................................................................................................................
Rosenberg ............................................................................................................................
San Angelo ...........................................................................................................................
San Antonio ..........................................................................................................................
Sherman ...............................................................................................................................
Snyder ..................................................................................................................................
Sweetwater ...........................................................................................................................
Temple ..................................................................................................................................
Texarkana .............................................................................................................................
Tyler ......................................................................................................................................
Uvalde ...................................................................................................................................
Victoria ..................................................................................................................................
Waco .....................................................................................................................................
Weslaco ................................................................................................................................
Wichita Falls .........................................................................................................................
Wolfforth ...............................................................................................................................
Utah:
Cedar City .............................................................................................................................
Logan ....................................................................................................................................
Ogden ...................................................................................................................................
Price ......................................................................................................................................
Provo ....................................................................................................................................
Richfield ................................................................................................................................
Salt Lake City .......................................................................................................................
St. George ............................................................................................................................
Vernal ...................................................................................................................................
Vermont:
Burlington ..............................................................................................................................
Montpelier .............................................................................................................................
Rutland .................................................................................................................................
St. Johnsbury ........................................................................................................................
Windsor .................................................................................................................................
Virginia:
Arlington ................................................................................................................................
Ashland .................................................................................................................................
Bristol ....................................................................................................................................
Charlottesville .......................................................................................................................
Culpeper ...............................................................................................................................
Danville .................................................................................................................................
Grundy ..................................................................................................................................
Hampton ...............................................................................................................................
Hampton-Norfolk ...................................................................................................................
Harrisonburg .........................................................................................................................
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09FEP4
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Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS3
Community
Channel No.
Lynchburg .............................................................................................................................
Manassas .............................................................................................................................
New Market ..........................................................................................................................
Norfolk ..................................................................................................................................
Petersburg ............................................................................................................................
Portsmouth ...........................................................................................................................
Richmond ..............................................................................................................................
Roanoke ...............................................................................................................................
Spotsylvania .........................................................................................................................
Staunton ...............................................................................................................................
Virginia Beach ......................................................................................................................
Washington:
Bellevue ................................................................................................................................
Bellingham ............................................................................................................................
Centralia ...............................................................................................................................
Everett ..................................................................................................................................
Kennewick ............................................................................................................................
Pasco ....................................................................................................................................
Pullman .................................................................................................................................
Richland ................................................................................................................................
Seattle ...................................................................................................................................
Spokane ................................................................................................................................
Tacoma .................................................................................................................................
Vancouver .............................................................................................................................
Walla Walla ...........................................................................................................................
Yakima ..................................................................................................................................
West Virginia:
Bluefield ................................................................................................................................
Charleston ............................................................................................................................
Clarksburg ............................................................................................................................
Grandview .............................................................................................................................
Huntington ............................................................................................................................
Lewisburg .............................................................................................................................
Martinsburg ...........................................................................................................................
Morgantown ..........................................................................................................................
Oak Hill .................................................................................................................................
Parkersburg ..........................................................................................................................
Weston ..................................................................................................................................
Wheeling ...............................................................................................................................
Wisconsin:
Antigo ....................................................................................................................................
Appleton ................................................................................................................................
Chippewa Falls .....................................................................................................................
Crandon ................................................................................................................................
Eagle River ...........................................................................................................................
Eau Claire .............................................................................................................................
Fond du Lac .........................................................................................................................
Green Bay ............................................................................................................................
Janesville ..............................................................................................................................
Kenosha ................................................................................................................................
La Crosse .............................................................................................................................
Madison ................................................................................................................................
Mayville .................................................................................................................................
Menomonie ...........................................................................................................................
Milwaukee .............................................................................................................................
Park Falls ..............................................................................................................................
Racine ...................................................................................................................................
Rhinelander ..........................................................................................................................
Superior ................................................................................................................................
Suring ...................................................................................................................................
Wausau .................................................................................................................................
Wittenberg ............................................................................................................................
Wyoming:
Casper ..................................................................................................................................
Cheyenne .............................................................................................................................
Jackson .................................................................................................................................
Lander ...................................................................................................................................
Laramie .................................................................................................................................
Rawlins .................................................................................................................................
Riverton ................................................................................................................................
Rock Springs ........................................................................................................................
Sheridan ...............................................................................................................................
Guam:
Haga˚tn˜a ................................................................................................................................
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09FEP4
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Federal Register / Vol. 88, No. 27 / Thursday, February 9, 2023 / Proposed Rules
Community
Channel No.
khammond on DSKJM1Z7X2PROD with PROPOSALS3
Tamuning ..............................................................................................................................
Puerto Rico:
Aguada .................................................................................................................................
Aguadilla ...............................................................................................................................
Arecibo ..................................................................................................................................
Bayamo´n ...............................................................................................................................
Caguas .................................................................................................................................
Carolina ................................................................................................................................
Fajardo ..................................................................................................................................
Guayama ..............................................................................................................................
Humacao ..............................................................................................................................
Mayagu¨ez .............................................................................................................................
Naranjito ...............................................................................................................................
Ponce ....................................................................................................................................
San Juan ..............................................................................................................................
San Sebastia´n ......................................................................................................................
Toa Baja ...............................................................................................................................
Yauco ....................................................................................................................................
U.S. Virgin Islands:
Charlotte Amalie ...................................................................................................................
Christiansted .........................................................................................................................
(k) Minimum geographic spacing
requirements for new TV allotments. No
petition to add a new channel to the
Table of TV Allotments will be accepted
unless it shows compliance with the
requirements of this paragraph.
(1) Requests filed pursuant to this
paragraph must demonstrate
compliance with the principal
community coverage requirements of
§ 73.618.
(2) Requests filed pursuant to this
paragraph must meet the following
requirements for geographic spacing
with regard to all other TV stations and
allotments:
(i) For VHF channels 2–13 in Zone I,
co-channel allotments must be
separated by 244.6 km, and no adjacentchannel allotments are permitted
between 20 km and 110 km.
(ii) For UHF channels 14–36 in Zone
I, co-channel allotments must be
separated by 196.3 km, and no adjacentchannel allotments are permitted
between 24 km and 110 km.
(iii) For VHF channels 2–13 in Zones
II and III, co-channel allotments must be
separated by 273.6 km, and no adjacentchannel allotments are permitted
between 23 km and 110 km.
(iv) For UHF channels 14–36 in Zones
II and III, co-channel allotments must be
separated by 223.7 km, and no adjacentchannel allotments are permitted
between 24 km and 110 km.
(3) Zones are defined in § 73.609. The
minimum distance separation between a
TV station in one zone and TV station
in another zone shall be that of the zone
requiring the lower separation.
(4) Due to the frequency spacing that
exists between Channels 4 and 5,
between Channels 6 and 7, and between
Channels 13 and 14, the minimum
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geographic spacing requirements
specified in paragraph (k)(2) of this
section shall not be applicable to these
pairs of channels (§ 73.603(a)).
■ 19. Revise § 73.623 to read as follows:
§ 73.623
TV application processing.
(a) General. Applications for new TV
broadcast stations or for changes in
authorized TV stations filed pursuant to
this section will not be accepted for
filing if they fail to comply with the
requirements of this section and
§§ 73.614, 73.617, 73.618, and 73.620.
(b) Availability of channels.
Applications may be filed to construct
TV broadcast stations only on the
channels designated in the Table of TV
Allotments set forth in § 73.622(j), and
only in the communities listed therein.
Applications that fail to comply with
this requirement, whether or not
accompanied by a petition to amend the
TV Table, will not be accepted for filing.
(c) through (g) [Reserved]
(h) TV application processing
priorities.
(1) [Reserved]
(2) TV applications for a construction
permit or a modified construction
permit:
(i) Shall be afforded the interference
protection set forth in § 73.620:
(A) through (C) [Reserved]
(D) By later-filed TV applications; and
(E) By later-filed rulemaking petitions
to amend the Table of TV Allotments;
(ii) Must demonstrate the requisite
interference protection set forth in
§ 73.620 to:
(A) TV licensed stations;
(B) TV construction permits;
(C) Earlier-filed TV applications;
(D) Existing TV allotments;
(E) Rulemaking petitions to amend the
Table of TV Allotments for which a
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21, *26, 27, 28, S
33
*S
S
17, 21, *36
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Notice of Proposed Rule Making has
been released and the comment
deadline specified therein has passed
prior to the filing date of the TV
application;
(F) through (J) [Reserved]
(iii) That do not provide the requisite
interference protection set forth § 73.620
to the following applications and
petitions will be deemed mutually
exclusive with those applications and
petitions:
(A) Other TV applications filed the
same day;
(B) Rulemaking petitions to amend
the Table of TV Allotments for which a
Notice of Proposed Rule Making had
been released and the comment
deadline specified therein had not
passed prior to the filing date of the TV
application; and
(C) Earlier-filed rulemaking petitions
to amend the Table of TV Allotments for
which a Notice of Proposed Rule
Making had not been released.
(3) TV applicants and TV rulemaking
petitioners that are mutually exclusive
pursuant to this section will be notified
by Public Notice and provided with a
90-day period of time to resolve their
mutual exclusivity via engineering
amendment or settlement. Those
applications and petitions that remain
mutually exclusive upon conclusion of
the 90-day settlement period will be
dismissed.
■ 20. Revise § 73.624 to read as follows:
§ 73.624
Television broadcast stations.
(a) Television broadcast stations are
assigned channels 6 MHz wide.
(b) Minimum programming
requirements. The TV service that is
provided pursuant to this paragraph (b)
must have a resolution of at least 480i
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(vertical resolution of 480 lines,
interlaced).
(1) TV licensees or permittees that
broadcast in ATSC 1.0 (using the
transmission standard in 73.682(d))
shall transmit at least one free over the
air video program signal at no direct
charge to viewers.
(2) [Reserved]
(3) TV licensees or permittees that
choose to broadcast an ATSC 3.0 signal
(using the Next Gen TV transmission
standard in § 73.682(f)) shall transmit at
least one free over the air video
programming stream on that signal that
requires at most the signal threshold of
a comparable received TV signal. TV
licensees or permittees that choose to
broadcast an ATSC 3.0 signal (using the
Next Gen TV transmission standard in
§ 73.682(f)) shall also simulcast the
primary video programming stream on
its ATSC 3.0 signal by broadcasting an
ATSC 1.0 signal (using the TV
transmission standard in § 73.682(d))
from another broadcast television
facility within its local market in
accordance with the local simulcasting
requirement in §§ 73.3801, 73.6029 and
74.782 of this chapter.
(c) Provided that TV broadcast
stations comply with paragraph (b) of
this section, TV broadcast stations are
permitted to offer services of any nature,
consistent with the public interest,
convenience, and necessity, on an
ancillary or supplementary basis. The
kinds of services that may be provided
include, but are not limited to computer
software distribution, data
transmissions, teletext, interactive
materials, aural messages, paging
services, audio signals, subscription
video, and any other services that do not
derogate TV broadcast stations’
obligations under paragraph (b) of this
section. Such services may be provided
on a broadcast, point-to-point or pointto-multipoint basis, provided, however,
that any video broadcast signal provided
at no direct charge to viewers shall not
be considered ancillary or
supplementary.
(1) TV licensees that provide ancillary
or supplementary services that are
analogous to other services subject to
regulation by the Commission must
comply with the Commission
regulations that apply to those services,
provided, however, that no ancillary or
supplementary service shall have any
rights to carriage under §§ 614 or 615 of
the Communications Act of 1934, as
amended, or be deemed a multichannel
video programming distributor for
purposes of section 628 of the
Communications Act of 1934, as
amended.
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(2) In all arrangements entered into
with outside parties affecting service
operation, the TV licensee or permittee
must retain control over all material
transmitted in a broadcast mode via the
station’s facilities, with the right to
reject any material in the sole judgement
of the permittee or licensee. The license
or permittee is also responsible for all
aspects of technical operation involving
such telecommunications services.
(3) In any application for renewal of
a broadcast license for a television
station that provides ancillary or
supplementary services, a licensee shall
establish that all of its program services
are in the public interest. Any violation
of the Commission’s rules applicable to
ancillary or supplementary services will
reflect on the licensee’s qualifications
for renewal of its license.
(d) through (f) [Reserved]
(g) Commercial TV licensees and
permittees, and low power television,
TV translator, and Class A licensees and
permittees, must annually remit a fee of
5 percent of the gross revenues derived
from all ancillary and supplementary
services, as defined by paragraph (c) of
this section, which are feeable, as
defined in paragraphs (g)(1)(i) and (ii) of
this section. Noncommercial TV
licensees and permittees must annually
remit a fee of 5 percent of the gross
revenues derived from all ancillary and
supplementary services, as defined by
paragraph (c) of this section, which are
feeable, as defined in paragraphs
(g)(1)(i) and (ii) of this section, except
that such licensees and permittees must
annually remit a fee of 2.5 percent of the
gross revenues from such ancillary or
supplementary services which are
nonprofit, noncommercial, and
educational.
(1)(i) All ancillary or supplementary
services for which payment of a
subscription fee or charge is required in
order to receive the service are feeable.
The fee required by this provision shall
be imposed on any and all revenues
from such services, including revenues
derived from subscription fees and from
any commercial advertisements
transmitted on the service.
(ii) Any ancillary or supplementary
service for which no payment is
required from consumers in order to
receive the service is feeable if the TV
licensee directly or indirectly receives
compensation from a third party in
return for the transmission of material
provided by that third party (other than
commercial advertisements used to
support broadcasting for which a
subscription fee is not required). The fee
required by this provision shall be
imposed on any and all revenues from
such services, other than revenues
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received from a third party in return for
the transmission of commercial
advertisements used to support
broadcasting for which a subscription
fee is not required.
(2) Payment of fees. (i) Each December
1, all commercial and noncommercial
TV licensees and permittees that
provided feeable ancillary or
supplementary services as defined in
this section at any point during the 12month period ending on the preceding
September 30 will electronically report,
for the applicable period:
(A) A brief description of the feeable
ancillary or supplementary services
provided;
(B) Gross revenues received from all
feeable ancillary and supplementary
services provided during the applicable
period; and
(C) The amount of bitstream used to
provide feeable ancillary or
supplementary services during the
applicable period. Licensees and
permittees will certify under penalty of
perjury the accuracy of the information
reported. Failure to file information
required by this section may result in
appropriate sanctions.
(ii) A commercial or noncommercial
TV licensee or permittee that has
provided feeable ancillary or
supplementary services at any point
during a 12-month period ending on
September 30 must additionally file the
FCC’s standard remittance form (Form
159) on the subsequent December 1.
Licensees and permittees will certify the
amount of gross revenues received from
feeable ancillary or supplementary
services for the applicable 12-month
period and will remit the payment of
the required fee.
(iii) The Commission reserves the
right to audit each licensee’s or
permittee’s records which support the
calculation of the amount specified on
line 23A of Form 159. Each licensee or
permittee, therefore, is required to retain
such records for three years from the
date of remittance of fees.
■ 21. Amend § 73.625 by:
■ a. Revising the section heading;
■ b. Removing and reserving paragraphs
(a) through (b);
■ c. Revising paragraphs (c)(3)(ii) and
(v);
■ d. Adding paragraphs (c)(3)(vii) and
(viii);
■ e. Revising paragraphs (c)(4)(i) and
(ii);
■ f. Adding paragraph (c)(4)(iii);
■ g. Revising paragraph (c)(5); and
■ h. Adding paragraph (d).
The revisions and additions read as
follows:
§ 73.625
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(c) * * *
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(3) * * *
(ii) Relative field horizontal plane
pattern (patterns for both horizontal and
vertical polarization should be included
if elliptical or circular polarization is
used consistent with paragraph (d) of
this section) of the proposed directional
antenna. A value of 1.0 should be used
for the maximum radiation in the
horizontal polarization. The plot of the
pattern should be oriented so that 0
degrees corresponds to true North.
Where mechanical beam tilt is intended,
the amount of tilt in degrees of the
antenna vertical axis and the orientation
of the downward tilt with respect to true
North must be specified. The horizontal
plane pattern must reflect the use of
mechanical beam tilt if no elevation
pattern is included, but it is preferable
to submit a separate unmodified
horizontal plane pattern with the
elevation pattern for mechanically-tilted
stations.
*
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*
(v) All horizontal plane patterns must
be plotted in a PDF attachment to the
application in a size sufficient to be
easily viewed.
*
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*
*
(vii) If an elevation pattern is
submitted in the application form,
similar tabulations and PDF attachments
shall be provided for the elevation
pattern.
(viii) If a matrix pattern is submitted
in the application form, similar
tabulations and PDF attachments shall
be provided as necessary to accurately
represent the pattern.
(4) * * *
(i) In cases where it is proposed to use
a tower of an AM broadcast station as
a supporting structure for a TV
broadcast antenna, an appropriate
application for changes in the radiating
system of the AM broadcast station must
be filed by the licensee thereof. A formal
application (FCC Form 301, or FCC
Form 340 for a noncommercial
educational station) will be required if
the proposal involves substantial change
in the physical height or radiation
characteristics of the AM broadcast
antennas; otherwise an informal
application will be acceptable. (In case
of doubt, an informal application (letter)
together with complete engineering data
should be submitted.) An application
may be required for other classes of
stations when the tower is to be used in
connection with a TV station.
(ii) When the proposed TV antenna is
to be mounted on a tower in the vicinity
of an AM station directional antenna
system and it appears that the operation
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of the directional antenna system may
be affected, an engineering study must
be filed with the TV application
concerning the effect of the TV antenna
on the AM directional radiation pattern.
Field measurements of the AM stations
may be required prior to and following
construction of the TV station antenna,
and readjustments made as necessary.
(iii) In any case, where the TV
licensee or permittee proposes to mount
its antenna on or near an AM tower, as
defined in § 1.30002, the TV licensee or
permittee must comply with § 1.30002
or § 1.30003, as applicable.
(5) Applications proposing the use of
electrical beam tilt must be
accompanied by the following:
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(d) It shall be standard to employ
horizontal polarization. However,
circular or elliptical polarization may be
employed if desired, in which case
clockwise (right hand) rotation, as
defined in the IEEE Standard Definition
42A65–3E2, and transmission of the
horizontal and vertical components in
time and space quadrature shall be
used. For either omnidirectional or
directional antennas the licensed
effective radiated power of the vertically
polarized component may not exceed
the licensed effective radiated power of
the horizontally polarized component.
For directional antennas, the maximum
effective radiated power of the vertically
polarized component shall not exceed
the maximum effective radiated power
of the horizontally polarized component
in any specified horizontal or vertical
direction.
■ 22. Section 73.626 is amended by
revising the section heading and
paragraphs (a)(b), (c)(1), (2), (d), (e),
(f)(2), (f)(2)(i) through (iii), (f)(4), (5), and
(6) to read as follows:
§ 73.626 TV distributed transmission
systems.
(a) Distributed transmission systems.
A TV station may be authorized to
operate multiple synchronized
transmitters on its assigned channel to
provide service consistent with the
requirements of this section. Such
operation is called a distributed
transmission system (DTS). Except as
expressly provided in this section, TV
stations operating a DTS facility must
comply with all rules applicable to TV
single-transmitter stations.
(b) Authorized service area. For
purposes of compliance with this
section, a station’s ‘‘authorized service
area’’ is defined as the area within its
predicted noise-limited service contour
determined using the facilities
authorized for the station in a license or
construction permit for non-DTS, single-
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transmitter-location operation (its
‘‘authorized facility’’).
(c) * * *
(1) TV station zones are defined in
§ 73.609.
(2) DTS reference point. A station’s
DTS reference point is established in the
FCC Order that created or made final
modifications to the Table of TV
Allotments, § 73.622(j), and the
corresponding facilities for the station’s
channel assignment as set forth in that
FCC Order.
(d) Determining DTS coverage. The
coverage for each DTS transmitter is
determined based on the F(50,90) field
strength given in the Table of Distances
(in paragraph (c) of this section),
calculated in accordance with
§ 73.619(b). The combined coverage of a
DTS station is the logical union of the
coverage of all DTS transmitters.
(e) DTS protection from interference.
A DTS station must be protected from
interference in accordance with the
criteria specified in § 73.620. To
determine compliance with the
interference protection requirements of
§ 73.620, the population served by a
DTS station shall be the population
within the station’s combined coverage
contour, excluding the population in
areas that are outside both the TV
station’s authorized service area and the
Table of Distances area (in paragraph (c)
of this section). Only population that is
predicted to receive service by the
method described in § 73.619(c)(2) from
at least one individual DTS transmitter
will be considered.
(f) * * *
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(2) Each DTS transmitter’s coverage is
contained within either the TV station’s
Table of Distances area (pursuant to
paragraph (c) of this section) or its
authorized service area, except where
such extension of coverage meets the
following criteria:
(i) In no event shall the F(50,50)
service contour of any DTS transmitter
extend beyond that of its authorized
facility and its Table of Distances
F(50,50) area; and
(ii) In no event shall the F(50,10)
node-interfering contour of any DTS
transmitter, aside from one located at
the site of its authorized facility, extend
beyond the F(50,10) referenceinterfering contour of its authorized
facility and its Table of Distances
F(50,10) reference area; and
(iii) In no event shall the F(50,10)
reference-interfering contour of a facility
located at the site of its authorized
facility extend beyond the F(50,10)
reference-interfering contour of its
authorized facility;
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(4) The coverage from one or more
DTS transmitter(s) is shown to provide
principal community coverage as
required in § 73.618;
(5) The ‘‘combined field strength’’ of
all the DTS transmitters in a network
does not cause interference to another
station in excess of the criteria specified
in § 73.620, where the combined field
strength level is determined by a ‘‘rootsum-square’’ calculation, in which the
combined field strength level at a given
location is equal to the square root of
the sum of the squared field strengths
from each transmitter in the DTS
network at that location.
(6) Each DTS transmitter must be
located within either the TV station’s
Table of Distances area or its authorized
service area.
*
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§ 73.641
■
§ 73.642
■
[Removed and Reserved]
28. Remove and reserve § 73.653.
29. Revise § 73.664 to read as follows:
§ 73.664
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[Removed and Reserved]
27. Remove and reserve § 73.646.
§ 73.653
■
■
[Removed]
26. Remove § 73.644.
§ 73.646
■
[Removed]
25. Remove § 73.643.
§ 73.644
■
[Removed]
24. Remove § 73.642.
§ 73.643
■
[Removed]
23. Remove § 73.641.
Determining operating power.
(a) Required method. The operating
power of each TV transmitter shall
normally be determined by the direct
method.
(b) Direct method. The direct method
of power determination for a TV
transmitter uses the indications of a
calibrated transmission line meter
located at the RF output terminals of the
transmitter. The indications of the
calibrated meter are used to observe and
maintain the authorized operating
power of the transmitter. This meter
must be calibrated whenever any
component in the metering circuit is
repaired or replaced and as often as
necessary to ensure operation in
accordance with the provisions of
§ 73.1560 of this part. The following
calibration procedures are to be used:
(1) The transmission line meter is
calibrated by measuring the average
power at the output terminals of the
transmitter, including any filters which
may be used in normal operation. For
this determination the average power
output is measured while operating into
a dummy load of substantially zero
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reactance and a resistance equal to the
transmission line characteristic
impedance.
(2) If electrical devices are used to
determine the output power, such
devices must permit determination of
this power to within an accuracy of ±5%
of the power indicated by the full scale
reading of the electrical indicating
instrument of the device. If temperature
and coolant flow indicating devices are
used to determine the power output,
such devices must permit determination
of this power to within an accuracy of
±4% of measured average power output.
During this measurement the input
voltage and current to the final radio
frequency amplifier stage and the
transmission line meter are to be read
and compared with similar readings
taken with the dummy load replaced by
the antenna. These readings must be in
substantial agreement.
(3) The meter must be calibrated with
the transmitter operating at 80%, 100%,
and 110% of the authorized power as
often as may be necessary to maintain
its accuracy and ensure correct
transmitter operating power. In cases
where the transmitter is incapable of
operating at 110% of the authorized
power output, the calibration may be
made at a power output between 100%
and 110% of the authorized power
output. However, where this is done,
the output meter must be marked at the
point of calibration of maximum power
output, and the station will be deemed
to be in violation of this rule if that
power is exceeded. The upper and
lower limits of permissible power
deviation as determined by the
prescribed calibration, must be shown
upon the meter either by means of
adjustable red markers incorporated in
the meter or by red marks placed upon
the meter scale or glass face. These
markings must be checked and changed,
if necessary, each time the meter is
calibrated.
(c) Indirect method. The operating
power is determined by the indirect
method by applying an appropriate
factor to the input power to the final
radio-frequency amplifier stage of the
transmitter using the following formula:
Formula 1 to introductory text of
paragraph (c)
Transmitter output power = Ep × Ip × F
Where:
Ep = DC input voltage of the final radiofrequency amplifier stage.
Ip = DC input current of the final radiofrequency amplifier stage.
F = Efficiency factor.
(1) If the above formula is not
appropriate for the design of the
transmitter final amplifier, use a
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formula specified by the transmitter
manufacturer with other appropriate
operating parameters.
(2) The value of the efficiency factor,
F established for the authorized
transmitter output power is to be used
for maintaining the operating power,
even though there may be some
variation in F over the power operating
range of the transmitter.
(3) The value of F is to be determined
and a record kept thereof by one of the
following procedures listed in order of
preference:
(i) Using the most recent
measurement data for calibration of the
transmission line meter according to the
procedures described in paragraph (b) of
this section or the most recent
measurements made by the licensee
establishing the value of F. In the case
of composite transmitters or those in
which the final amplifier stages have
been modified pursuant to FCC
approval, the licensee must furnish the
FCC and also retain with the station
records the measurement data used as a
basis for determining the value of F.
(ii) Using measurement data shown
on the transmitter manufacturer’s test
data supplied to the licensee, provided
that measurements were made at the
authorized channel and transmitter
output power.
(iii) Using the transmitter
manufacturer’s measurement data.
§ 73.665
■
§ 73.667
■
[Removed and Reserved]
31. Remove and reserve § 73.667.
§ 73.669
■
■
[Removed and Reserved]
30. Remove and reserve § 73.665.
[Removed and Reserved]
32. Remove and reserve § 73.669.
33. Revise § 73.681 to read as follows:
§ 73.681
Definitions.
Antenna electrical beam tilt. The
shaping of the radiation pattern in the
vertical plane of a transmitting antenna
by electrical means so that maximum
radiation occurs at an angle below the
horizontal plane.
Antenna height above average terrain.
The average of the antenna heights
above the terrain from approximately
3.2 (2 miles) to 16.1 kilometers (10
miles) from the antenna for the eight
directions spaced evenly for each 45
degrees of azimuth starting with True
North. (In general, a different antenna
height will be determined in each
direction from the antenna. The average
of these various heights is considered
the antenna height above the average
terrain. Where circular or elliptical
polarization is employed, the antenna
height above average terrain shall be
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based upon the height of the radiation
center of the antenna which transmits
the horizontal component of radiation.
Antenna mechanical beam tilt. The
intentional installation of a transmitting
antenna so that its axis is not vertical,
in order to change the normal angle of
maximum radiation in the vertical
plane.
Antenna power gain. The square of
the ratio of the root-mean-square free
space field strength produced at 1
kilometer in the horizontal plane, in
millivolts per meter for one kW antenna
input power to 221.4 mV/m. This ratio
should be expressed in decibels (dB). (If
specified for a particular direction,
antenna power gain is based on the field
strength in that direction only.)
Aspect ratio. The ratio of picture
width to picture height as transmitted.
Auxiliary facility. An auxiliary facility
is an antenna separate a from the main
facility’s antenna, permanently installed
on the same tower or at a different
location, from which a station may
broadcast for short periods without
prior Commission authorization or
notice to the Commission while the
main facility is not in operation (e.g.,
where tower work necessitates turning
off the main antenna or where lightning
has caused damage to the main antenna
or transmission system) (See § 73.1675).
Effective radiated power. The product
of the antenna input power and the
antenna power gain. This product
should be expressed in kW and in dB
above 1 kW (dBk). (If specified for a
particular direction, effective radiated
power is based on the antenna power
gain in that direction only. The licensed
effective radiated power is based on the
maximum antenna power gain. When a
station is authorized to use a directional
antenna or an antenna beam tilt, the
direction of the maximum effective
radiated power will be specified.)
Where circular or elliptical polarization
is employed, the term effective radiated
power is applied separately to the
horizontally and vertically polarized
components of radiation. For
assignment purposes, only the effective
radiated power authorized for the
horizontally polarized component will
be considered.
Equivalent isotropically radiated
power (EIRP). The term ‘‘equivalent
isotropically radiated power’’ (also
known as ‘‘effective radiated power
above isotropic’’) means the product of
the antenna input power and the
antenna gain in a given direction
relative to an isotropic antenna.
Free space field strength. The field
strength that would exist at a point in
the absence of waves reflected from the
earth or other reflecting objects.
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Interlaced scanning. A scanning
process in which successively scanned
lines are spaced an integral number of
line widths, and in which the adjacent
lines are scanned during successive
cycles of the field frequency.
Polarization. The direction of the
electric field as radiated from the
transmitting antenna.
Standard television signal. A signal
which conforms to the television
transmission standards.
Synchronization. The maintenance of
one operation in step with another.
Television broadcast band. The
frequencies in the band extending from
54 to 608 megahertz which are
assignable to television broadcast
stations. These frequencies are 54 to 72
megahertz (channels 2 through 4), 76 to
88 megahertz (channels 5 and 6), 174 to
216 megahertz (channels 7 through 13),
and 470 to 608 megahertz (channels 14
through 36).
Television broadcast station. A station
in the television broadcast band
transmitting simultaneous visual and
aural signals intended to be received by
the general public.
Television channel. A band of
frequencies 6 MHz wide in the
television broadcast band and
designated either by number or by the
extreme lower and upper frequencies.
Television transmission standards.
The standards which determine the
characteristics of a television signal as
radiated by a television broadcast
station.
Television transmitter. The radio
transmitter or transmitters for the
transmission of both visual and aural
signals.
Vestigial sideband transmission. A
system of transmission wherein one of
the generated sidebands is partially
attenuated at the transmitter and
radiated only in part.
■ 34. Amend § 73.682 by:
■ a. Removing and reserving paragraphs
(a) through (c);
■ b. Revising paragraph (d);
■ c. Adding paragraph (e)(7); and
■ d. Removing the Note to § 73.682.
The revision and addition read as
follows:
(2) Although not incorporated by
reference, licensees may also consult:
(i) ATSC A/54A: ‘‘Recommended
Practice: Guide to Use of the ATSC
Digital Television Standard, including
Corrigendum No. 1,’’ (December 4, 2003,
Corrigendum No. 1 dated December 20,
2006, and
(ii) ATSC A/69: ‘‘Recommended
Practice PSIP Implementation
Guidelines for Broadcasters,’’ (June 25,
2002).
(iii) For availability of this material,
contact ATSC (see § 73.8000 for contact
information).
(e) * * *
(7) For additional information
regarding this requirement, see
Implementation of the Commercial
Advertisement Loudness Mitigation
(CALM) Act, FCC 11–182.
*
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*
■ 35. Amend § 73.683 by:
■ a. Revising the section heading and
paragraph (a);
■ b. Removing and reserving paragraphs
(b) and (c); and
■ c. Revising paragraph (d).
The revisions read as follows:
§ 73.682
§ 73.684
TV transmission standards.
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*
(d) Broadcast television transmission
standards. (1) Transmission of broadcast
television signals shall comply with the
standards (incorporated by reference,
see § 73.8000) for such transmissions set
forth in:
(i) ATSC A/52;
(ii) ATSC A/53, Parts 1–4 and 6: 2007
and ATSC A/53 Part 5:2010;, and
(iii) ATSC A/65C:.
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§ 73.683 Presumptive determination of
field strength at individual locations.
(a) See § 73.619(c). For purposes of
the cross-reference from § 90.307(b), the
Grade B contour is defined as the
F(50,50) contour at 64 dBu.
*
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(d) For purposes of determining the
eligibility of individual households for
satellite retransmission of distant
network signals under the copyright law
provisions of 17 U.S.C. 119(d)(10)(A),
field strength shall be determined by the
Individual Location Longley-Rice (ILLR)
propagation prediction model. Such
eligibility determinations shall consider
only the signals of network stations
located in the subscriber’s Designated
Market Area. Guidance for use of the
ILLR model in predicting the field
strength of television signals for such
determinations is provided in OET
Bulletin No. 73. For availability of OET
Bulletin No. 73, contact FCC (see
§ 73.8000 for contact information).
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■
[Removed and Reserved]
36. Remove and reserve § 73.684.
§ 73.685
[Removed and Reserved]
37. Remove and reserve § 73.685.
38. Amend § 73.686 by:
a. Revising paragraphs (c)(1)(i);
b. Removing and reserving paragraph
(d); and
■ c. Revising paragraph (e) introductory
text.
The revisions read as follows:
■
■
■
■
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Field strength measurements.
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(c) * * *
(1) * * *
(i) The population (P) of the
community, and its suburbs, if any, is
determined by reference to the most
recent official decennial U.S. Census
population data as identified by the
Media Bureau in a Public Notice. (See
§ 73.620(b)).
*
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(e) Collection of field strength data to
determine television signal intensity at
an individual location—cluster
measurements—
*
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*
■ 39. Amend § 73.687 by:
■ a. Removing and reserving paragraphs
(a) and (b);
■ b. Revising paragraph (c) introductory
text;
■ c. Removing and reserving paragraph
(c)(1); and
■ d. Removing paragraph (e).
The revisions read as follows:
§ 73.687 Transmission system
requirements.
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*
(c) Requirements applicable to
transmitters. (1) [Reserved].
*
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■ 40. Section 73.688 is amended by
revising paragraph (a) to read as follows:
§ 73.688
Indicating instruments.
(a) Each TV broadcast station shall be
equipped with indicating instruments
which conform with the specifications
described in § 73.1215 for measuring the
operating parameters of the last radio
stage of the transmitter, and with such
other instruments as are necessary for
the proper adjustment, operation, and
maintenance of the transmitting system.
*
*
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*
§ 73.691
■
§ 73.698
■
[Removed and Reserved]
41. Remove and reserve § 73.691.
[Removed and Reserved]
42. Remove and reserve § 73.698.
§ 73.699
[Amended]
43. Section 73.699 is amended by
removing Figures 5, 5(a), 6, 7, 8, 11, 12,
16, and 17.
■ 44. Section 73.1001 is amended to
revise paragraph (c) to read as follows:
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■
§ 73.1001
Scope.
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*
*
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*
(c) Certain provisions of this subpart
apply to International Broadcast
Stations (subpart F, part 73), LPFM
(subpart G, part 73), and Low Power TV
and TV Translator Stations (subpart G,
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part 74) where the rules for those
services so provide.
*
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*
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*
■ 45. Revise § 73.1015 to read as
follows:
§ 73.1015 Truthful written statements and
responses to Commission inquiries and
correspondence.
The Commission or its representatives
may, in writing, require from any
applicant, permittee, or licensee written
statements of fact relevant to a
determination whether an application
should be granted or denied, or to a
determination whether a license should
be revoked, or to any other matter
within the jurisdiction of the
Commission, or, in the case of a
proceeding to amend the Table of FM
Allotments or Table of TV Allotments,
require from any person filing an
expression of interest, written
statements of fact relevant to that
allotment proceeding. Any such
statements of fact are subject to the
provisions of § 1.17 of this chapter.
■ 46. Section 73.1020 is amended by
revising paragraphs (a)(1)(i) and (ii),
(2)(i) and (ii), (3)(1)(i) and (ii), (4)(1)(i)
and (ii), (5)(1)(i) and (ii), (6)(1)(i) and
(ii), (7)(1)(i) and (ii), (8)(1)(i) and (ii),
(9)(1)(i) and (ii), (10)(1)(i) and (ii),
(11)(1)(i) and (ii), (12)(1)(i) and (ii),
(13)(1)(i) and (ii), (14)(1)(i) and (ii),
(15)(1)(i) and (ii), (16)(1)(i) and (ii),
(17)(1)(i) and (ii), (18)(1)(i) and (ii) and
(b) to read as follows:
§ 73.1020
Station license period.
(a) * * *
(1) * * *
(i) Radio stations, October 1, 2027.
(ii) Television stations, October 1,
2028.
(2) * * *
(i) Radio stations, December 1, 2027.
(ii) Television stations, December 1,
2028.
(3) * * *
(i) Radio stations, February 1, 2028.
(ii) Television stations, February 1,
2029.
(4) * * *
(i) Radio stations, April 1, 2028.
(ii) Television stations, April 1, 2029.
(5) * * *
(i) Radio stations, June 1, 2028.
(ii) Television stations, June 1, 2029.
(6) * * *
(i) Radio stations, August 1, 2028.
(ii) Television stations, August 1,
2029.
(7) * * *
(i) Radio stations, October 1, 2028.
(ii) Television stations, October 1,
2029.
(8) * * *
(i) Radio stations, December 1, 2028.
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(ii) Television stations, December 1,
2029.
(9) * * *
(i) Radio stations, February 1, 2029.
(ii) Television stations, February 1,
2030.
(10) * * *
(i) Radio stations, April 1, 2029.
(ii) Television stations, April 1, 2030.
(11) * * *
(i) Radio stations, June 1, 2029.
(ii) Television stations, June 1, 2030.
(12) * * *
(i) Radio stations, August 1, 2029.
(ii) Television stations, August 1,
2030.
(13) * * *
(i) Radio stations, October 1, 2029.
(ii) Television stations, October 1,
2022.
(14) * * *
(i) Radio stations, December 1, 2029.
(ii) Television stations, December 1,
2022.
(15) * * *
(i) Radio stations, February 1, 2030.
(ii) Television stations, February 1,
2023.
(16) * * *
(i) Radio stations, April 1, 2030.
(ii) Television stations, April 1, 2023.
(17) * * *
(i) Radio stations, June 1, 2030.
(ii) Television stations, June 1, 2023.
(18) * * *
(i) Radio stations, August 1, 2030.
(ii) Television stations, August 1,
2023.
(b) For the deadline for filing petitions
to deny renewal applications, see
§ 73.3516(e).
*
*
*
*
*
■ 47. Section 73.1030 is amended by
revising paragraphs (a)(1) and (b)(2) to
read as follows:
§ 73.1030 Notifications concerning
interference to radio astronomy, research
and receiving installations.
(a) ***(1) Radio astronomy and radio
research installations. In order to
minimize harmful interference at the
National Radio Astronomy Observatory
site located at Green, Pocahontas
County, West Virginia, and at the Naval
Radio Research Observatory at Sugar
Grove, Pendleton County, West Virginia,
a licensee proposing to operate a shortterm broadcast auxiliary station
pursuant to § 74.24, and any applicant
for authority to construct a new
broadcast station, or for authority to
make changes in the frequency, power,
antenna height, or antenna directivity of
an existing station within the area
bounded by 39°15′ N on the north,
78°30′ W on the east, 37°30′ N on the
south, and 80°30′ W on the west, shall
notify the Interference Office, National
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Radio Astronomy Observatory, P.O. Box
2, Green Bank, West Virginia 24944.
Telephone: (304) 456–2011; Email:
nrqz@nrao.edu. * * *
*
*
*
*
*
(b) * * *
(2) Applicants concerned are urged to
communicate with the Radio Frequency
Management Coordinator, Institute for
Telecommunication Sciences, 325
Broadway, Boulder, CO 80305;
telephone (303) 497–4220, email
frequencymanager@ntia.gov, in advance
of filing their applications with the
Commission.
■ 48. Amend § 73.1201 by:
■ a. Revising paragraph (b)(1);
■ b. Removing and reserving paragraph
(d); and
■ c. Adding paragraph (e):
The revisions and additions read as
follows:
§ 73.1201
Station identification.
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*
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(b) * * *
(1) Official station identification shall
consist of the station’s call letters
immediately followed by the
community or communities specified in
its license as the station’s location;
Provided, That the name of the licensee,
the station’s frequency, the station’s
channel number, as stated on the
station’s license, and/or the station’s
network affiliation may be inserted
between the call letters and station
location. TV stations, or DAB Stations,
choosing to include the station’s
channel number in the station
identification must use the station’s
major channel number and may
distinguish multicast program streams.
For example, a TV station with major
channel number 26 may use 26.1 to
identify an HDTV program service and
26.2 to identify an SDTV program
service. A TV station that is devoting
one of its multicast streams to transmit
the programming of another television
licensee must identify itself and may
also identify the licensee that it is
transmitting. If a TV station in this
situation chooses to identify the station
that is the source of the programming it
is transmitting, it must use the following
format: Station WYYY, community of
license (call sign and community of
license of the station whose multicast
stream is transmitting the
programming), bringing you WXXX,
community of license (call sign and
community of license of the licensee
providing the programming). The
transmitting station may insert between
its call letters and its community of
license the following information: the
frequency of the transmitting station,
the channel number of the transmitting
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station, the name of the licensee of the
transmitting station and the licensee
providing the programming, and/or the
name of the network of either station.
Where a multicast station is carrying the
programming of another station and is
identifying that station as the source of
the programming, using the format
described above, the identification may
not include the frequency or channel
number of the program source. A radio
station operating in DAB hybrid mode
or extended hybrid mode shall identify
its digital signal, including any free
multicast audio programming streams,
in a manner that appropriately alerts its
audience to the fact that it is listening
to a digital audio broadcast. No other
insertion between the station’s call
letters and the community or
communities specified in its license is
permissible.
*
*
*
*
*
(e) Transport Stream ID (TSID) values
are identification numbers assigned to
stations by the FCC and stored in the
Commission’s online database. Two
sequential values are assigned to each
station.
(1) All TV and Class A TV stations
shall transmit their assigned oddnumbered TSID.
(2) In ATSC 3.0, a similar value is
used called a Bit Stream ID (BSID).
Stations operating in ATSC 3.0 mode
shall utilize their assigned evennumbered TSID as their BSID,
consistent with paragraph (1) of this
section.
■ 49. Section 73.1207 is amended by
revising paragraph (b)(2) to read as
follows:
§ 73.1207
Rebroadcasts.
*
*
*
*
*
(b) * * *
*
*
*
*
*
(2) Permission must be obtained from
the originating station to rebroadcast
any subsidiary communications
transmitted by means of a multiplex
subcarrier.
*
*
*
*
*
■ 50. Section 73.1216 is amended by
adding paragraphs (a)(1) through (3) and
(d), and removing Notes 1, 2 and 3 to
read as follows:
§ 73.1216
Licensee-conducted contests.
(a) * * *
(1) A contest is a scheme in which a
prize is offered or awarded, based upon
chance, diligence, knowledge or skill, to
members of the public;
(2) Material terms include those
factors which define the operation of the
contest and which affect participation
therein. Although the material terms
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may vary widely depending upon the
exact nature of the contest, they will
generally include: How to enter or
participate; eligibility restrictions; entry
deadline dates; whether prizes can be
won; when prizes can be won; the
extent, nature and value of prizes; basis
for valuation of prizes; time and means
of selection of winners; and/or tiebreaking procedures.
(3) In general, the time and manner of
disclosure of the material terms of a
contest are within the licensee’s
discretion. However, the obligation to
disclose the material terms arises at the
time the audience is first told how to
enter or participate and continues
thereafter.
*
*
*
*
*
(d) This section is not applicable to
licensee-conducted contests not
broadcast or advertised to the general
public or to a substantial segment
thereof, to contests in which the general
public is not requested or permitted to
participate, to the commercial
advertisement of non-licenseeconducted contests, or to a contest
conducted by a non-broadcast division
of the licensee or by a non-broadcast
company related to the licensee.
■ 51. Revise § 73.1217 to read as
follows:
§ 73.1217
Broadcast hoaxes.
(a) No licensee or permittee of any
broadcast station shall broadcast false
information concerning a crime or a
catastrophe if:
(1) The licensee knows this
information is false;
(2) It is foreseeable that broadcast of
the information will cause substantial
public harm, and
(3) Broadcast of the information does
in fact directly cause substantial public
harm.
(b) Any programming accompanied by
a disclaimer will be presumed not to
pose foreseeable harm if the disclaimer
clearly characterizes the program as a
fiction and is presented in a way that is
reasonable under the circumstances.
(c) For purposes of this rule, ‘‘public
harm’’ must begin immediately, and
cause direct and actual damage to
property or to the health or safety of the
general public, or diversion of law
enforcement or other public health and
safety authorities from their duties. The
public harm will be deemed foreseeable
if the licensee could expect with a
significant degree of certainty that
public harm would occur. A ‘‘crime’’ is
any act or omission that makes the
offender subject to criminal punishment
by law. A ‘‘catastrophe’’ is a disaster or
imminent disaster involving violent or
sudden event affecting the public.
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52. Section 73.1250 is amended by
revising paragraph (e) to read as follows:
■
§ 73.1250 Broadcasting emergency
information.
*
*
*
*
*
(e) Immediately upon cessation of an
emergency during which broadcast
facilities were used for the transmission
of point-to-point messages under
paragraph (b) of this section, or when
daytime facilities were used during
nighttime hours by an AM station in
accordance with paragraph (f) of this
section, a report in letter form shall be
forwarded to the FCC’s main office
indicated in 47 CFR 0.401(a) setting
forth the nature of the emergency, the
dates and hours of the broadcasting of
emergency information, and a brief
description of the material carried
during the emergency. A certification of
compliance with the
noncommercialization provision of
paragraph (f) of this section must
accompany the report where daytime
facilities are used during nighttime
hours by an AM station, together with
a detailed showing, under the
provisions of that paragraph, that no
other broadcast service existed or was
adequate.
*
*
*
*
*
■ 53. Section 73.1350 is amended by
removing and reserving paragraph (f)(3)
and revising paragraph (h) to read as
follows:
§ 73.1350
Transmission system operation.
*
*
*
*
*
(h) Whenever a transmission system
control point is established at a location
other than the main studio or
transmitter, a letter of notification of
that location must be sent to the FCC via
a Change of Control Point Notice in
LMS, within 3 days of the initial use of
that point. The letter should include a
list of all control points in use, for
clarity. This notification is not required
if responsible station personnel can be
contacted at the transmitter or studio
site during hours of operation.
*
*
*
*
*
■ 54. Section 73.1540 is amended by
revising paragraph (a) to read as follows:
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§ 73.1540 Carrier frequency
measurements.
(a) The carrier frequency of each AM
and FM station shall be measured or
determined as often as necessary to
ensure that they are maintained within
the prescribed tolerances.
*
*
*
*
*
§ 73.1545
[Amended]
55. Section 73.1545 is amended by
removing and reserving paragraph (c),
■
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and removing paragraph (e) and the
Note to paragraph (e).
■ 56. Amend § 73.1560 by:
■ a. Revising paragraphs (a)(1) and
(c)(1);
■ b. Removing and reserving paragraph
(c)(2); and
■ c. Revising paragraph (d).
The revisions read as follows:
§ 73.1560 Operating power and mode
tolerances.
(a) * * *
(1) Except for AM stations using
modulation dependent carrier level
(MDCL) control technology, or as
provided for in paragraph (d) of this
section, the antenna input power of an
AM station, as determined by the
procedures specified in § 73.51, must be
maintained as near as practicable to the
authorized antenna input power and
may not be less than 90 percent nor
greater than 105 percent of the
authorized power. AM stations may,
without prior Commission authority,
commence MDCL control technology
use, provided that within 10 days after
commencing such operation, the
licensee submits an electronic
notification of commencement of MDCL
control operation using FCC Form 2100
Schedule 338. The transmitter of an AM
station operating using MDCL control
technology, regardless of the MDCL
control technology employed, must
achieve full licensed power at some
audio input level or when the MDCL
control technology is disabled. MDCL
control operation must be disabled
before field strength measurements on
the station are taken.
*
*
*
*
*
(c) * * *
(1) Except as provided in paragraph
(d) of this section, the output power of
a TV or Class A TV transmitter, as
determined by the procedures specified
in § 73.664, must be maintained as near
as is practicable to the authorized
transmitter output power and may not
be less than 80% nor more than 110%
of the authorized power.
*
*
*
*
*
(d) Reduced power operation. In the
event it becomes technically impossible
to operate at authorized power, a
broadcast station may operate at
reduced power for a period of not more
than 30 days without specific authority
from the FCC. If operation at reduced
power will exceed 10 consecutive days,
notification must be made to the FCC in
a Reduced Power Notification via LMS,
not later than the 10th day of the lower
power operation. In the event that
normal power is restored within the 30
day period, the licensee must notify the
FCC of the date that normal operation
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was restored. If causes beyond the
control of the licensee prevent
restoration of the authorized power
within 30 days, a request for Special
Temporary Authority (see § 73.1635)
must be made to the FCC via LMS for
additional time as may be necessary.
§ 73.1570
Modulation levels: AM and FM.
57. Section 73.1570 is amended by
revising the section heading to read as
set forth above and removing and
reserving paragraph (b)(3).
■
§ 73.1590
[Amended]
58. Section 73.1590 is amended by
removing and reserving paragraphs
(a)(5), (c)(1), and (3).
■ 59. Section 73.1615 is amended by
revising paragraphs (b)(3) and (c)(1) to
read as follows:
■
§ 73.1615
facilities.
Operating during modification of
*
*
*
*
*
(b) * * *
(3) Operate in a nondirectional mode
during the presently licensed hours of
directional operation with power
reduced to 25% or less of the nominal
licensed power, or whatever higher
power, not exceeding licensed power,
will insure that the radiated field
strength specified by the license is not
exceeded at any given azimuth for the
corresponding hours of directional
operation, or
*
*
*
*
*
(c) * * *
(1) Should it be necessary to continue
the procedures in either paragraph (a) or
(b) of this section beyond 30 days, a
Silent STA application or an
Engineering STA application must be
filed via LMS.
*
*
*
*
*
■ 60. Section 73.1620 is amended by
revising paragraphs (a)(1) through (3),
and removing paragraphs (f) and (g) to
read as follows:
§ 73.1620
Program tests.
(a) * * *
(1) The permittee of a nondirectional
AM or FM station, or a nondirectional
or directional TV or Class A TV station,
may begin program tests upon
notification to the FCC in a ‘‘Program
Test Authority’’ filing via LMS provided
that within 10 days thereafter, an
application for a license is filed with the
FCC in Washington, DC. Television,
Class A, TV translator, and low power
television broadcast stations authorized
on channel 14 must comply with
§ 73.617(b)(2)(ii).
(2) The permittee of an FM station
with a directional antenna system must
file an application for license on FCC
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Form 2100 Schedule 302–FM in LMS
requesting authority to commence
program test operations at full power.
This license application must be filed at
least 10 days prior to the date on which
full power operations are desired to
commence. The application for license
must contain any exhibits called for by
conditions on the construction permit.
The staff will review the license
application and the request for program
test authority and issue a letter notifying
the applicant whether full power
operation has been approved. Upon
filing of the license application and
related exhibits, and while awaiting
approval of full power operation, the
FM permittee may operate the
directional antenna at one half (50%) of
the authorized effective radiated power.
Alternatively, the permittee may
continue operation with its existing
licensed facilities pending the issuance
of program test authority at the full
effective radiated power by the staff.
(3) FM licensees replacing a
directional antenna pursuant to
§ 73.1690 (c)(2) without changes which
require a construction permit (see
§ 73.1690(b)) may immediately
commence program test operations with
the new antenna at one half (50%) of the
authorized ERP upon installation. If the
directional antenna replacement is an
EXACT duplicate of the antenna being
replaced (i.e., same manufacturer,
antenna model number, and measured
composite pattern), program tests may
commence with the new antenna at the
full authorized power upon installation.
The licensee must file a modification of
license application on FCC Form 2100
Schedule 302–FM within 10 days of
commencing operations with the newly
installed antenna, and the license
application must contain all of the
exhibits required by § 73.1690(c)(2).
After review of the modification-oflicense application to cover the antenna
change, the Commission will issue a
letter notifying the applicant whether
program test operation at the full
authorized power has been approved for
the replacement directional antenna.
*
*
*
*
*
■ 61. Section 73.1635 is amended by
revising paragraphs (a)(2), (3), and (5) to
read as follows:
§ 73.1635 Special temporary
authorizations (STA).
(a) * * *
(2) The request is to be filed
electronically in LMS using the
‘‘Engineering STA Application’’ and
shall fully describe the proposed
operation and the necessity for the
requested STA. Such letter requests
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shall be signed by the licensee or the
licensee’s representative.
(3) A request for a STA necessitated
by unforeseen equipment damage or
failure may be made without regard to
the procedural requirements of this
section (e.g., via email or telephone).
Any request made pursuant to this
paragraph shall be followed by a written
confirmation request conforming to the
requirements of paragraph (a)(2) of this
section. Confirmation requests shall be
submitted within 24 hours. (See also
§ 73.1680 Emergency Antennas).
*
*
*
*
*
(5) Certain rules specify special
considerations and procedures in
situations requiring an STA or permit
temporary operation at variance without
prior authorization from the FCC when
notification is filed as prescribed in the
particular rules. See § 73.62, Directional
antenna system tolerances; § 73.157,
Antenna testing during daytime;
§ 73.158, Directional antenna
monitoring points; § 73.1250,
Broadcasting emergency information;
§ 73.1350, Transmission system
operation; § 73.1560, Operating power
and mode tolerances; § 73.1570,
Modulation levels: AM, and FM;
§ 73.1615, Operation during
modification of facilities; § 73.1680,
Emergency antennas; and § 73.1740,
Minimum operating schedule.
*
*
*
*
*
■ 62. Section 73.1675 is amended by
revising paragraphs (a)(1)(iii) and (b) to
read as follows:
§ 73.1675
Auxiliary antennas.
(a) * * *
(1) * * *
(iii) TV stations: The noise limited
contour as defined in § 73.619(c).
*
*
*
*
*
(b) An application for a construction
permit to install a new auxiliary
antenna, or to make changes in an
existing auxiliary antenna for which
prior FCC authorization is required (see
§ 73.1690), must be filed electronically
in LMS using FCC Form 2100 (see
§ 73.3500 for Schedules) for TV and FM
stations, or on FCC Form 2100,
Schedule 340 for noncommercial
educational FM stations, and on FCC
Form 301 for AM stations.
*
*
*
*
*
■ 63. Section 73.1690 is amended by
revising paragraphs (b) introductory
text, (b)(3), and (c)(3) to read as follows:
§ 73.1690
systems.
Modification of transmission
*
*
*
*
*
(b) The following changes may be
made only after the grant of a
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construction permit application on FCC
Form 2100 (see § 73.3500 for Schedules)
for TV and FM stations, Form 301 for
AM stations, or Form 2100, Schedule
340 for noncommercial educational
stations:
*
*
*
*
*
(3) Any change which would require
an increase along any azimuth in the
composite directional antenna pattern of
an FM station from the composite
directional antenna pattern authorized
(see § 73.316), or any increase from the
authorized directional antenna pattern
for a TV broadcast (see § 73.625) or
Class A TV station (see § 73.6025).
*
*
*
*
*
(c) * * *
(3) A directional TV on Channels 2
through 13 or 22 through 36 or a
directional Class A TV on Channels 2
through 13 or 22 through 36, or a
directional TV or Class A TV station on
Channels 15 through 21 which is in
excess of 341 km (212 miles) from a
cochannel land mobile operation or in
excess of 225 km (140 miles) from a
first-adjacent channel land mobile
operation (see § 74.709(a) and (b) of this
chapter for tables of urban areas and
reference coordinates of potentially
affected land mobile operations), may
replace a directional TV or Class A TV
antenna by a license modification
application, if the proposed horizontal
theoretical directional antenna pattern
does not exceed the licensed horizontal
directional antenna pattern at any
azimuth and where no change in
effective radiated power will result. The
modification of license application on
Form 2100 (see § 73.3500 for Schedules)
must contain all of the data set forth in
§ 73.625(c)(3) or § 73.6025(a), as
applicable.
*
*
*
*
*
■ 64. Section 73.1740 is amended by
revising paragraph (a)(4) to read as
follows:
§ 73.1740
Minimum operating schedule.
(a) * * *
(4) In the event that causes beyond the
control of a licensee make it impossible
to adhere to the operating schedule of
this section or to continue operating, the
station may limit or discontinue
operation for a period of not more than
30 days without further authority from
the FCC. A ‘‘Reduced Power’’ or
‘‘Suspension of Operation’’ Notification
must be made via LMS not later than the
10th day of limited or discontinued
operation. During such period, the
licensee shall continue to adhere to the
requirements in the station license
pertaining to the lighting of antenna
structures. In the event normal
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operation is restored prior to the
expiration of the 30 day period, the
licensee will so notify the FCC of this
date. If the causes beyond the control of
the licensee make it impossible to
comply within the allowed period,
informal written request shall be made
to the FCC no later than the 30th day for
such additional time as may be deemed
necessary.
*
*
*
*
*
■ 65. Revise § 73.1750 to read as
follows:
§ 73.1750
Discontinuance of operation.
The licensee of each station shall
provide notification to the FCC in a
‘‘Cancellation Application’’ via LMS of
the permanent discontinuance of
operation at least two days before
operation is discontinued. Immediately
after discontinuance of operation, the
licensee shall forward the station
license and other instruments of
authorization to the FCC, Attention:
Audio Division (radio) or Video
Division (television), Media Bureau, for
cancellation. The license of any station
that fails to transmit broadcast signals
for any consecutive 12 month period
expires as a matter of law at the end of
that period, notwithstanding any
provision, term, or condition of the
license to the contrary. If a licensee
surrenders its license pursuant to an
interference reduction agreement, and
its surrender is contingent on the grant
of another application, the licensee
must identify in its notification the
contingencies involved.
■ 66. Section 73.2080 is amended by
revising paragraphs (c)(6) and (f)(1)
through (5) to read as follows:
§ 73.2080
(EEO).
Equal employment opportunities
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*
*
*
*
(c) * * *
(6) Annually, on the anniversary of
the date a station is due to file its
renewal application, the station shall
place in its public file, maintained
pursuant to § 73.3526 or § 73.3527, and
on its website, if it has one, an EEO
public file report containing the
following information (although if any
broadcast licensee acquires a station
pursuant to FCC Form 2100 Schedule
314 or FCC Form 2100 Schedule 315
during the twelve months covered by
the EEO public file report, its EEO
public file report shall cover the period
starting with the date it acquired the
station):
*
*
*
*
*
(f) * * *
(1) All broadcast stations, including
those that are part of an employment
unit with fewer than five full-time
employees, shall file a Broadcast Equal
Employment Opportunity Program
Report (Form 2100 Schedule 396) with
their renewal application. Form 2100
Schedule 396 is filed on the date the
station is due to file its application for
renewal of license. If a broadcast
licensee acquires a station pursuant to
FCC Form 2100 Schedule 314 or FCC
Form 2100 Schedule 315 during the
period that is to form the basis for the
Form 2100 Schedule 396, information
provided on its Form 2100 Schedule
396 should cover the licensee’s EEO
recruitment activity during the period
starting with the date it acquired the
station. Stations are required to
maintain a copy of their Form 2100
Schedule 396 in the station’s public file
in accordance with the provisions of
§§ 73.3526 and 73.3527.
(2) The Commission will conduct a
mid-term review of the employment
practices of each broadcast television
station that is part of an employment
unit of five or more full-time employees
and each radio station that is part of an
employment unit of eleven or more fulltime employees, four years following
the station’s most recent license
expiration date as specified in
§ 73.1020. If a broadcast licensee
acquires a station pursuant to FCC Form
2100 Schedule 314 or FCC Form 2100
Schedule 315 during the period that is
to form the basis for the mid-term
review, that review will cover the
licensee’s EEO recruitment activity
during the period starting with the date
it acquired the station.
(3) If a station is subject to a time
brokerage agreement, the licensee shall
file Form 2100 Schedule 396 and EEO
public file reports concerning only its
own recruitment activity. If a licensee is
a broker of another station or stations,
the licensee-broker shall include its
recruitment activity for the brokered
station(s) in determining the bases of
Form 2100 Schedule 396 and the EEO
public file reports for its own station. If
a licensee-broker owns more than one
station, it shall include its recruitment
activity for the brokered station in the
Form 2100 Schedule 396 and EEO
public file reports filed for its own
station that is most closely affiliated
with, and in the same market as, the
brokered station. If a licensee-broker
does not own a station in the same
market as the brokered station, then it
shall include its recruitment activity for
the brokered station in the Form 2100
Schedule 396 and EEO public file
reports filed for its own station that is
geographically closest to the brokered
station.
(4) Broadcast stations subject to this
section shall maintain records of their
recruitment activity necessary to
demonstrate that they are in compliance
with the EEO rule. Stations shall ensure
that they maintain records sufficient to
verify the accuracy of information
provided in Form 2100 Schedule 396
and EEO public file reports. To
determine compliance with the EEO
rule, the Commission may conduct
inquiries of licensees at random or if it
has evidence of a possible violation of
the EEO rule. In addition, the
Commission will conduct random
audits. Specifically, each year
approximately five percent of all
licensees in the television and radio
services will be randomly selected for
audit, ensuring that, even though the
number of radio licensees is
significantly larger than television
licensees, both services are represented
in the audit process. Upon request,
stations shall make records available to
the Commission for its review.
(5) The public may file complaints
throughout the license term based on
the contents of a station’s public file.
Provisions concerning filing,
withdrawing, or non-filing of informal
objections or petitions to deny license
renewal, assignment, or transfer
applications are delineated in
§§ 73.3584 and 73.3587–3589 of the
Commission’s rules.
*
*
*
*
*
■ 67. Section 73.3500 is amended by
revising paragraphs (a) and (b) and
removing paragraph (b)(1) to read as
follows:
§ 73.3500
Application and report forms.
(a) Following are the FCC broadcast
application and report forms, listed by
number.
Form No.
Title
175 ..................................................
301 ..................................................
Application to Participate in an FCC Auction.
Application for Construction Permit for a Commercial Broadcast Station. (the Form 301 is used for new AM
construction permits or AM station modifications).
Application for Authority to Construct or Make Changes in a TV Commercial Broadcast/Noncommercial
Educational Broadcast Station.
2100 Schedule A ............................
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Form No.
Title
2100 Schedule 301–FM ..................
302–AM ...........................................
2100 Schedule E ............................
2100 Schedule 302–FM ..................
2100 Schedule B ............................
2100 Schedule F .............................
2100 Schedule 303–S ....................
Application for Commercial FM Station Construction Permit.
Application for AM Broadcast Station License.
Application for Class A Television Broadcasting Station Construction Permit.
Application for FM Station License.
Application for Television Broadcast Station License.
Application for Class A Television Broadcast Station License.
Application for Renewal of License for Commercial or Noncommercial AM, FM, TV, Class A TV, FM Translator, TV Translator, LPTV, or LPFM Station.
Application for Permit to Deliver Programs to Foreign Broadcast Stations.
Application for Authority to Construct or Make Changes in an International or Experimental Broadcast Station.
Application for an International or Experimental Broadcast Station License.
Application for Renewal of an International or Experimental Broadcast Station License.
Application for Consent to Assignment of Broadcast Station Construction Permit or License.
Application for Consent to Transfer of Control of Entity Holding Broadcast Station Construction Permit or
License.
Application for Consent to Assign Broadcast Station Construction Permit or License or Transfer Control of
Entity Holding Broadcast Station Construction Permit or License.
Application for Low Power FM Station Construction Permit.
Application for Low Power FM Station License.
Ownership Report for Commercial Broadcast Stations.
Ownership Report for Noncommercial Educational Broadcast Stations.
Application for Noncommercial Educational FM Station Construction Permit.
Application for Consent to Assign Construction Permit or License for TV or FM Translator or Low Power
TV Station, or to Transfer Control of Entity Holding TV or FM Translator or Low Power TV Station.
Application for Authority to Construct or Make Changes in a Low Power TV or TV Translator Station.
Application for a Low Power TV or TV Translator Station License.
Application for FM Translator or FM Booster Station Construction Permit.
Application for FM Translator or FM Booster Station License.
Annual Employment Report and instructions.
Broadcast Equal Employment Opportunity Program Report.
Broadcast Equal Employment Opportunity Model Program Report.
Children’s Television Programming Report.
FCC Application for Wireless Telecommunications Bureau Radio Service Authorization.
FCC Wireless Telecommunications Bureau Application for Assignments of Authorization and Transfers of
Control.
308 ..................................................
309 ..................................................
310 ..................................................
311 ..................................................
2100 Schedule 314 .........................
2100 Schedule 315 .........................
2100 Schedule 316 .........................
2100 Schedule 318 .........................
2100 Schedule 319 .........................
323 ..................................................
323–E ..............................................
2100 Schedule 340 .........................
2100 Schedule 345 .........................
2100 Schedule C ............................
2100 Schedule D ............................
2100 Schedule 349 .........................
2100 Schedule 350 .........................
395–B ..............................................
2100 Schedule 396 .........................
2100 Schedule 396–A ....................
2100 Schedule H ............................
601 ..................................................
603 ..................................................
(b) Any application on Form 2100
must be filed electronically.
■ 68. Section 73.3516 is amended by
revising paragraphs (e) introductory text
and (e)(1) to read as follows:
§ 73.3516
Specification of facilities.
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(e) A petition to deny an application
for renewal of license of an existing
broadcast station will be considered as
timely filed if it is tendered for filing by
the end of the first day of the last full
calendar month of the expiring license
term.
(1) If the license renewal application
is not timely filed as prescribed in
§ 73.3539, the deadline for filing
petitions to deny thereto is the 90th day
after the FCC gives public notice that it
has accepted the late-filed renewal
application for filing.
*
*
*
*
*
■ 69. Section 73.3519 is amended by
revising paragraph (a) to read as follows:
§ 73.3519
Repetitious applications.
(a) Where the FCC has denied an
application for a new station or for any
modification of services or facilities, or
dismissed such application with
prejudice, no like application involving
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service of the same kind for
substantially the same area by
substantially the same applicant, or his
successor or assignee, or on behalf or for
the benefit of the original parties in
interest, may be filed within 12 months
from the effective date of the FCC’s
action.
*
*
*
*
*
■ 70. Revise § 73.3521 to read as
follows:
§ 73.3521 Mutually exclusive applications
for low power television, and television
translator stations.
When there is a pending application
for a new low power television or
television translator station, or for major
changes in an existing station, no other
application which would be directly
mutually exclusive with the pending
application may be filed by the same
applicant or by any applicant in which
any individual in common with the
pending application has any interest,
direct or indirect, except that interests
or less than 1% will not be considered.
§ 73.3523
[Removed and Reserved]
71. Remove and reserve § 73.3523.
72. Section 73.3525 is amended by
revising paragraphs (a) introductory text
■
■
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and (b) and removing the Note to read
as follows:
§ 73.3525 Agreements for removing
application conflicts.
(a) Whenever applicants for a
construction permit for a broadcast
station enter into an agreement to
procure the removal of a conflict
between applications pending before the
FCC by withdrawal or amendment of an
application or by its dismissal pursuant
to § 73.3568, all parties thereto shall,
within 5 days after entering into the
agreement, file with the FCC a joint
request for approval of such agreement.
The joint request shall be accompanied
by a copy of the agreement, including
any ancillary agreements, and an
affidavit of each party to the agreement
setting forth:
*
*
*
*
*
(b) Except where a joint request is
filed pursuant to paragraph (a) of this
section, any applicant filing an
amendment pursuant to § 73.3522(b)(1)
and (c), or a request for dismissal
pursuant to § 73.3568(b)(1) and (c),
which would remove a conflict with
another pending application; or a
petition for leave to amend pursuant to
§ 73.3522(b)(2) which would permit a
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grant of the amended application or an
application previously in conflict with
the amended application; or a request
for dismissal pursuant to
§ 73.3568(b)(2), shall file with it an
affidavit as to whether or not
consideration (including an agreement
for merger of interests) has been
promised to or received by such
applicant, directly or indirectly, in
connection with the amendment,
petition or request. Although § 74.780 of
the Rules makes this section generally
applicable to low power TV and TV
translators stations, paragraph (b) of this
section shall not be applicable to such
stations.
*
*
*
*
*
■ 73. Amend § 73.3533 by:
■ a. Revising paragraphs (a)(1), (4)
through (7);
■ b. Adding paragraph (a)(8); and
■ c. Revising paragraph (b).
The revisions and additions read as
follows:
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§ 73.3533 Application for construction
permit or modification of construction
permit.
(a) * * *
(1) FCC Form 2100, Schedule A (TV);
FCC Form 2100, Schedule 301–FM
(FM), ‘‘Application for Authority to
Construct or Make Changes in an
Existing Commercial Broadcast
Station.’’
*
*
*
*
*
(4) FCC Form 2100, Schedule A (TV);
FCC Form 2100, Schedule 340 (FM),
‘‘Application for Authority to Construct
or Make Changes in a Noncommercial
Educational Broadcast Station.’’
(5) FCC Form 2100, Schedule C,
‘‘Application for Authority to Construct
or Make Changes in a Low Power TV or
TV Translator Station.’’
(6) FCC Form 2100, Schedule 349,
‘‘Application for Authority to Construct
or Make Changes in an FM Translator or
FM Booster Station.’’
(7) FCC Form 2100, Schedule 318,
‘‘Application for Construction Permit
for a Low Power FM Broadcast Station.’’
(8) FCC Form 2100, Schedule E,
‘‘Application for Authority to Make
Changes in a Class A TV Station.’’
(b) The filing of an application for
modification of construction permit
does not extend the expiration date of
the construction permit.
*
*
*
*
*
■ 74. Section 73.3536 is amended by
revising paragraphs (b)(1)(ii) and (iii),
(b)(4) through (6), and (c) to read as
follows:
§ 73.3536 Application for license to cover
construction permit.
*
*
*
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(b) * * *
(1) * * *
(ii) Form 2100, Schedule 302–FM for
FM stations, ‘‘Application for FM
Station License.’’
(iii) Form 2100, Schedule B for
television stations, ‘‘Application for TV
Station Broadcast License.’’
*
*
*
*
*
(4) FCC Form 2100, Schedule D,
‘‘Application for a Low Power TV or TV
Translator Station License.’’
(5) FCC Form 2100, Schedule 350,
‘‘Application for an FM Translator or
FM Booster Station License.’’
(6) FCC Form 2100, Schedule 319,
‘‘Application for a Low Power FM
Broadcast Station License.’’
(c) Eligible low power television
stations which have been granted a
certificate of eligibility may file FCC
Form 2100, Schedule F, ‘‘Application
for Class A Television Broadcast Station
License.’’
■ 75. Section 73.3540 is amended by
revising paragraphs (c) through (e), and
(f) introductory text to read as follows:
(f) The following assignment or
transfer applications may be filed on
FCC Form 2100 Schedule 316:
*
*
*
*
*
■ 76. Section 73.3541 is amended by
revising paragraph (b) to read as follows:
§ 73.3540 Application for voluntary
assignment or transfer of control.
§ 73.3544 Application to obtain a modified
station license.
*
*
*
*
*
*
(c) Application for consent to the
assignment of construction permit or
license must be filed on FCC Form 2100
Schedule 314 ‘‘Assignment of License or
Construction Permit’’ or FCC Form 2100
Schedule 316 (See paragraph (f) of this
section). For International Broadcast
Stations, the application shall be filed
electronically in the International
Bureau Filing System (IBFS).
(d) Application for consent to the
transfer of control of an entity holding
a construction permit or license must be
filed on FCC Form 2100 Schedule 315
‘‘Transfer of Control’’ or FCC Form 2100
Schedule 316 (see paragraph (f) of this
section). For International Broadcast
Stations, applications shall be filed
electronically in IBFS.
(e) Application for consent to the
assignment of construction permit or
license or to the transfer of control of an
entity licensee or permittee for an FM or
TV translator station, a low power TV
station and any associated auxiliary
station, such as translator microwave
relay stations and UHF translator
booster stations, only must be filed on
FCC Form 2100 Schedule 345
‘‘Application for Consent to Assign
Construction Permit or License for TV
or FM Translator or Low Power TV
Station or to Transfer Control of Entity
Holding TV or FM Translator, or a Low
Power TV Station.’’
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§ 73.3541 Application for involuntary
assignment of license or transfer of control.
*
*
*
*
*
(b) Within 30 days after the
occurrence of such death or legal
disability, an application on FCC Form
2100 Schedule 316 shall be filed
requesting consent to involuntary
assignment of such permit or license or
for involuntary transfer of control of the
entity holding such permit or license, to
a person or entity legally qualified to
succeed to the foregoing interests under
the laws of the place having jurisdiction
over the estate involved.
§ 73.3543
[Removed]
77. Remove § 73.3543.
78. Section 73.3544 is amended by
revising paragraphs (b) introductory text
and paragraph (c) to read as follows:
■
■
*
*
*
*
(b) An electronic filing via LMS of an
Administrative Update, see § 73.3511(b),
may be filed with the FCC, to cover the
following changes:
*
*
*
*
*
(c) A change in the name of the
licensee where no change in ownership
or control is involved may be
accomplished by electronically filing
via LMS an Administrative Update.
■ 79. Revise § 73.3549 to read as
follows:
§ 73.3549 Requests for extension of time
to operate without required monitors,
indicating instruments, and EAS encoders
and decoders.
Requests for extension of authority to
operate without required monitors,
transmission system indicating
instruments, or encoders and decoders
for monitoring and generating the EAS
codes and Attention Signal should be
made to the FCC by electronically filing
via LMS a STA. Such requests must
contain information as to when and
what steps were taken to repair or
replace the defective equipment and a
brief description of the alternative
procedures being used while the
equipment is out of service.
■ 80. Section 73.3550 is amended by
revising paragraphs (a), (b), (f), (i)
through (k), and (m) to read as follows:
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§ 73.3550 Requests for new or modified
call sign assignments.
(a) All requests for new or modified
call sign assignments for radio and
television broadcast stations shall be
made via LMS with the FCC. Licensees
and permittees may utilize LMS to
determine the availability and licensing
status of any call sign; to select an initial
call sign for a new station; to change a
station’s currently assigned call sign; to
modify an existing call sign by adding
or deleting an ‘‘-FM,’’ ‘‘-TV,’’ or ‘‘-DT’’
suffix; to exchange call signs with
another licensee or permittee in the
same service; or to reserve a different
call sign for a station being transferred
or assigned.
(b) No request for an initial call sign
assignment will be accepted from a
permittee for a new radio or full-service
television station until the FCC has
granted a construction permit. Each
such permittee shall request the
assignment of its station’s initial call
sign expeditiously following the grant of
its construction permit. All initial
construction permits for low power TV
stations will be issued with a low power
TV call sign in accordance with
§ 74.791(a) of this chapter.
*
*
*
*
*
(f) Only four-letter call signs (plus an
LP, FM, TV, DT, or CA suffix, if used)
will be assigned. The four letter call sign
for LPFM stations will be followed by
the suffix ‘‘-LP.’’ However, subject to the
other provisions of this section, a call
sign of a station may be conformed to
a commonly owned station holding a
three-letter call assignment (plus FM,
TV, DT, CA or LP suffixes, if used).
*
*
*
*
*
(i) The provisions of this section shall
not apply to International broadcast
stations or to stations authorized under
part 74 of this chapter (except as
provided in § 74.791).
(j) A change in call sign assignment
will be made effective on the date
specified in the Call Sign Request
Authorization generated by LMS
acknowledging the assignment of the
requested new call sign and authorizing
the change. Unless the requested change
in call sign assignment is subject to a
pending transfer or assignment
application, the requester is required to
include in its on-line call sign request
a specific effective date to take place
within 45 days of the submission of its
electronic call sign request.
Postponement of the effective date will
be granted only in response to a timely
request and for only the most
compelling reasons.
(k) Four-letter combinations
commencing with ‘‘W’’ or ‘‘K’’ which
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are assigned as call signs to ships or to
other radio services are not available for
assignment to broadcast stations, with
or without the ‘‘-FM,’’ ‘‘-TV,’’ or ‘‘-DT’’
suffix.
*
*
*
*
*
(m) Where a requested call sign,
without the ‘‘-FM,’ ‘‘-TV,’’ ‘‘-CA,’’ ‘‘DT,’’ or ‘‘-LP’’ suffix, would conform to
the call sign of any other non-commonly
owned station(s) operating in a different
service, an applicant utilizing the online reservation and authorization
system will be required to certify that
consent to use the secondary call sign
has been obtained from the holder of the
primary call sign.
■ 81. Section 73.3555 is amended by
revising paragraph (b)(1)(i) to read as
follows:
§ 73.3555
Multiple ownership.
*
*
*
*
*
(b) * * *
(1) * * *
(i) The digital noise limited service
contours of the stations (computed in
accordance with § 73.619(c)) do not
overlap; or
*
*
*
*
*
■ 82. Amend § 73.3572 by:
■ a. Revising the section heading,
paragraphs (a)(2) through (3);
■ b. Removing and reserving paragraph
(a)(4);
■ c. Revising paragraphs (c) and (f); and
■ d. Removing paragraphs (g) and (h).
The revisions read as follows:
§ 73.3572 Processing of TV broadcast,
Class A TV broadcast, low power TV, and
TV translators applications.
(a) * * * (2) In the case of Class A TV
stations authorized under subpart J of
this part and low power TV and TV
translator stations authorized under part
74 of this chapter, a major change is any
change in:
*
*
*
*
*
(3) Other changes will be considered
minor, including changes made to
implement a channel sharing
arrangement, provided they comply
with the other provisions of this section.
*
*
*
*
*
(c) Amendments to Class A TV, low
power TV and TV translator stations, or
non-reserved television applications,
which would require a new file number
pursuant to paragraph (b) of this section,
are subject to competitive bidding
procedures and will be dismissed if
filed outside a specified filing period.
See 47 CFR 73.5002(a). When an
amendment to an application for a
reserved television allotment would
require a new file number pursuant to
paragraph (b) of this section, the
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applicant will have the opportunity to
withdraw the amendment at any time
prior to designation for a hearing if
applicable; and may be afforded, subject
to the discretion of the Administrative
Law Judge, an opportunity to withdraw
the amendment after designation for a
hearing.
*
*
*
*
*
(f) Applications for minor
modification of Class A TV, low power
TV and TV translator stations may be
filed at any time, unless restricted by
the FCC, and will be processed on a
‘‘first-come/first-served’’ basis, with the
first acceptable application cutting off
the filing rights of subsequent,
competing applicants. Provided,
however, that applications for minor
modifications of Class A TV and those
of TV broadcast stations may become
mutually exclusive until grant of a
pending Class A TV or TV broadcast
minor modification application.
■ 83. Section 73.3578 is amended by
revising paragraph (b) to read as follows:
§ 73.3578 Amendments to applications for
renewal, assignment or transfer of control.
*
*
*
*
*
(b) Any amendment to an application
for assignment of construction permit or
license, or consent to the transfer of
control of an entity holding such a
construction permit or license, shall be
considered to be a minor amendment,
except that any amendment which seeks
a change in the ownership interest of
the proposed assignee or transferee
which would result in a change in
control, or any amendment which
would require the filing of FCC Form
2100 Schedules 314, 315, or 345 (see
§ 73.3500), if the changes sought were
made in an original application for
assignment or transfer of control, shall
be considered to be a major amendment.
However, the FCC may, within 15 days
after the acceptance for filing of any
other amendment, advise the applicant
that the amendment is considered to be
a major amendment and therefore is
subject to the provisions of § 73.3580.
■ 84. Section 73.3584 is amended by
revising paragraphs (a) and (c) to read as
follows:
§ 73.3584
deny.
Procedure for filing petitions to
(a) For mutually exclusive
applications subject to selection by
competitive bidding (non-reserved
channels) or fair distribution/point
system (reserved channels), petitions to
deny may be filed only against the
winning bidders or tentative selectee(s),
and such petitions will be governed by
§§ 73.5006 and 73.7004, respectively.
For all other applications the following
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rules will govern. Except in the case of
applications for new low power TV and
TV translator stations, for major changes
in the existing facilities of such stations,
or for applications for a change in
output channel tendered by displaced
low power TV and TV translator
stations pursuant to § 73.3572(a)(1), any
party in interest may file with the
Commission a Petition to Deny any
application (whether as originally filed
or if amended so as to require a new file
number pursuant to § 73.3571(j),
§ 73.3572(b), § 73.3573(b), § 73.3574(b)
or § 73.3578) for which local notice
pursuant to § 73.3580 is required,
provided such petitions are filed prior
to the day such applications are granted
or designated for hearing; but where the
FCC issues a public notice pursuant to
the provisions of § 73.3571(c),
§ 73.3572(c) or § 73.3573(d), establishing
a ‘‘cut-off’’ date, such petitions must be
filed by the date specified. In the case
of applications for transfers and
assignments of construction permits or
station licenses, Petitions to Deny must
be filed not later than 30 days after
issuance of a public notice of the
acceptance for filing of the applications.
In the case of applications for renewal
of license, Petitions to Deny may be
filed at any time up to the deadline
established in § 73.3516(e). Requests for
extension of time to file Petitions to
Deny applications for new broadcast
stations or major changes in the
facilities of existing stations or
applications for renewal of license will
not be granted unless all parties
concerned, including the applicant,
consent to such requests, or unless a
compelling showing can be made that
unusual circumstances make the filing
of a timely petition impossible and the
granting of an extension warranted.
*
*
*
*
*
(c) In the case of applications for new
low power TV and TV translator
stations, for major changes in the
existing facilities of such stations, or for
applications for a change in output
channel tendered by displaced low
power TV and TV translator stations
pursuant to § 73.3572(a)(1), any party in
interest may file with the FCC a Petition
to Deny any application (whether as
originally filed or if amended so as to
require a new file number pursuant to
§ 73.3572(b)) for which local notice
pursuant to § 73.3580 is required,
provided such petitions are filed within
30 days of the FCC Public Notice
proposing the application for grant
(applicants may file oppositions within
15 days after the Petition to Deny is
filed); but where the FCC selects a
tentative permittee pursuant to Section
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1.1601 et seq., Petitions to Deny shall be
accepted only if directed against the
tentative selectee and filed after
issuance of and within 15 days of FCC
Public Notice announcing the tentative
selectee. The applicant may file an
opposition within 15 days after the
Petition to Deny is filed. In cases in
which the minimum diversity
preference provided for in § 1.1623(f)(1)
has been applied, an ‘‘objection to
diversity claim’’ and opposition thereto,
may be filed against any applicant
receiving a diversity preference, within
the same time period provided herein
for Petitions and Oppositions. In all
pleadings, allegations of fact or denials
thereof shall be supported by
appropriate certification. However, the
FCC may announce, by the Public
Notice announcing the acceptance of the
last-filed mutually exclusive
application, that a notice of Petition to
Deny will be required to be filed no later
than 30 days after issuance of the Public
Notice.
*
*
*
*
*
■ 85. Revise § 73.3587 to read as
follows:
§ 73.3587 Procedure for filing informal
objections.
Before FCC action on any application
for an instrument of authorization, any
person may file informal objections to
the grant in LMS. Such objections may
be submitted in letter form (without
extra copies) and shall be signed. The
limitation on pleadings and time for
filing pleadings provided for in § 1.45 of
the rules shall not be applicable to any
objections duly filed under this section.
■ 86. Amend § 73.3598 by:
■ a. Revising paragraphs (a)
introductory text;
■ b. Removing and reserving paragraph
(b)(3); and
■ c. Revising paragraph (c).
The revisions read as follows:
§ 73.3598
Period of construction.
(a) Except as provided in the last two
sentences of this paragraph (a), each
original construction permit for the
construction of a new TV, AM, FM or
International Broadcast; low power TV;
low power FM; TV translator; FM
translator; or FM booster station, or to
make changes in such existing stations,
shall specify a period of three years
from the date of issuance of the original
construction permit within which
construction shall be completed and
application for license filed. An eligible
entity that acquires an issued and
outstanding construction permit for a
station in any of the services listed in
this paragraph (a) shall have the time
remaining on the construction permit or
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eighteen months from the
consummation of the assignment or
transfer of control, whichever is longer,
within which to complete construction
and file an application for license. For
purposes of the preceding sentence, an
‘‘eligible entity’’ shall include any entity
that qualifies as a small business under
the Small Business Administration’s
size standards for its industry grouping,
as set forth in 13 CFR parts 121 through
201, at the time the transaction is
approved by the FCC, and holds:
*
*
*
*
*
*
*
*
*
*
(c) A permittee must notify the
Commission as promptly as possible
and, in any event, within 30 days, of
any pertinent event covered by
paragraph (b) of this section, and
provide supporting documentation. All
notifications must be filed in LMS and
must be placed in the station’s local
public file. For authorizations to
construct stations in the Low Power FM
service, on FM channels reserved for
noncommercial educational use, and for
noncommercial educational full power
television stations, the Commission will
identify and grant an initial period of
tolling when the grant of a construction
permit is encumbered by administrative
or judicial review under the
Commission’s direct purview (e.g.,
petitions for reconsideration and
applications for review of the grant of a
construction permit pending before the
Commission and any judicial appeal of
any Commission action thereon), a
request for international coordination
under paragraph (b)(4) of this section, or
failure of a condition under paragraph
(b)(5) of this section. When a permit is
encumbered by administrative or
judicial review outside of the
Commission’s direct purview (e.g.,
local, state, or non-FCC Federal
requirements), the permittee is required
to notify the Commission of such tolling
events.
*
*
*
*
*
■ 87. Section 73.3700 is amended by
revising paragraphs (a)(2) and removing
and reserving paragraphs (a)(6), (7), (17),
(b)(1) through (4), removing paragraph
(c)(6), and removing and reserving
paragraphs (d), (g)(1) through (3), to read
as follows:
§ 73.3700 Post-incentive auction licensing
and operation.
(a) * * *
*
*
*
*
(2) Channel reassignment public
notice. For purposes of this section,
Channel Reassignment Public Notice
means the public notice released upon
*
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the completion of the broadcast
television spectrum incentive auction
conducted under section 6403 of the
Spectrum Act specifying the new
channel assignments and technical
parameters of any broadcast television
stations that are reassigned to new
channels. Incentive Auction Closing and
Channel Reassignment Public Notice:
The Broadcast Television Incentive
Auction Closes; Reverse Auction and
Forward Auction Results Announced;
Final Television Band Channel
Assignments Announced; Post-Auction
Deadlines Announced, GN Docket No.
12–268, Public Notice, 32 FCC Rcd 2786
(WTB/MB 2017).
*
*
*
*
*
■ 88. Revise § 73.4000 to read as
follows:
§ 73.4000
Listing of FCC policies.
The following sections list, solely for
the purpose of reference and
convenience, certain Policies of the
FCC. The present listing of FCC policies
and citations thereto should not be
relied upon as an all-inclusive list.
Failure to include a policy in this list
does not affect its validity. In addition,
documents listed may be revised by
subsequent decisions and the inclusion
of a document on this list does not
necessarily reflect that it is currently
valid. Each section bears the title of one
Policy and the citations which will
direct the user to the specific
document(s) pertaining to that Policy.
■ 89. Revise § 73.4017 to read as
follows:
Class A television and television
broadcast are also subject to competitive
bidding. The general competitive
bidding procedures set forth in part 1,
subpart Q of this chapter will apply
unless otherwise provided in part 73 or
part 74 of this chapter.
*
*
*
*
*
■ 102. Section 73.5005 is amended by
revising paragraph (a) to read as follows:
§ 73.4101
stations.
§ 73.5005
Financial qualifications, TV
See Public Notice, FCC 79–299, dated
May 11, 1979. 72 F.C.C. 2d 784; 44 FR
29160, May 18, 1979. See also Revision
of Application for Construction Permit
for Commercial Broadcast Station (FCC
Form 301), Memorandum Opinion and
Order, 50 R.R.2d 381, para. 6 (1981) and
Certification of Financial Qualification
by Applicants for Broadcast Station
Construction Permits, Public Notice, 2
FCC Rcd 2122 (1987), 52 FR 17333 (May
7, 1987).
§ 73.4107
■
[Removed and Reserved]
95. Remove and reserve § 73.4107.
§ 73.4108
[Removed and Reserved]
96. Remove and reserve § 73.4108.
97. Revise § 73.4210 to read as
follows:
■
■
§ 73.4210 Procedure Manual: ‘‘The Public
and Broadcasting’’.
See The Public and Broadcasting, a
copy of which is available at: https://
www.fcc.gov/media/radio/public-andbroadcasting.
§ 73.4247
[Removed and Reserved]
See §§ 73.5000 through 73.5009.
90. Revise § 73.4055 to read as
follows:
98. Remove and reserve § 73.4247.
99. Section 73.4267 is amending by
revising paragraphs (a) and (b) and
removing paragraph (c) to read as
follows:
§ 73.4055
§ 73.4267
■
Cigarette advertising.
See 15 U.S.C. 1335; 15 U.S.C. 4402(c).
■ 91. Revise § 73.4060 to read as
follows:
§ 73.4060
Citizens agreements.
(a) See Report and Order, Docket
20495, FCC 75–1359, adopted December
10, 1975. 57 F.C.C. 2d 42; 40 FR 459730,
December 30, 1975.
*
*
*
*
*
§ 73.4082
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Permit for Commercial Broadcast
Station (FCC Form 301), Memorandum
Opinion and Order, 50 R.R.2d 381, para.
6 (1981) and Certification of Financial
Qualification by Applicants for
Broadcast Station Construction Permits,
Public Notice, 2 FCC Rcd 2122 (1987),
52 FR 17333 (May 7, 1987).
■ 94. Revise § 73.4101 to read as
follows:
■
■
§ 73.4017 Application processing:
Commercial FM stations.
92. Remove and reserve § 73.4082.
93. Revise § 73.4100 to read as
follows:
■
■
§ 73.4100 Financial qualifications; new AM
and FM stations.
See Public Notice, FCC 78–556, dated
August 2, 1978. 69 FCC 2d 407; 43 FR
34841, August 7, 1978. See also
Revision of Application for Construction
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Time brokerage.
(a) See Report and Order, MM Docket
Nos. 94–150, 92–51, 87–154, FCC 99–
207, adopted August 5, 1999, 64 FR
50622 (Sept. 17, 1999).
(b) See § 73.3555, Note 2(j).
§ 73.4247
[Removed and Reserved]
100. Remove and reserve § 73.4247.
101. Section 73.5000 is amended by
revising paragraph (a) to read as follows:
■
■
§ 73.5000
bidding.
[Removed and Reserved]
8687
Services subject to competitive
(a) Mutually exclusive applications
for new facilities and for major changes
to existing facilities in the following
broadcast services are subject to
competitive bidding: AM; FM; FM
translator; television; low-power
television; television translator; and
Class A television. Mutually exclusive
applications for minor modifications of
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Filing of long-form applications.
(a) Within thirty (30) days following
the close of bidding and notification to
the winning bidders, unless a longer
period is specified by public notice,
each winning bidder must submit an
appropriate long-form application (FCC
Form 2100) for each construction permit
or license for which it was the high
bidder. Long-form applications filed by
winning bidders shall include the
exhibits required by § 1.2107(d) of this
chapter (concerning any bidding
consortia or joint bidding
arrangements); § 1.2110(j) of this chapter
(concerning designated entity status, if
applicable); and § 1.2112 of this chapter
(concerning disclosure of ownership
and real party in interest information,
and, if applicable, disclosure of gross
revenue information for small business
applicants).
*
*
*
*
*
■ 103. Section 73.5006 is amended by
revising paragraph (b) to read as follows:
§ 73.5006 Filing of petitions to deny
against long-form applications.
*
*
*
*
*
(b) Within ten (10) days following the
issuance of a public notice announcing
that a long-form application for an AM,
FM or television construction permit
has been accepted for filing, petitions to
deny that application may be filed in
LMS. Within fifteen (15) days following
the issuance of a public notice
announcing that a long-form application
for a low-power television, television
translator or FM translator construction
permit has been accepted for filing,
petitions to deny that application may
be filed. Any such petitions must
contain allegations of fact supported by
affidavit of a person or persons with
personal knowledge thereof.
*
*
*
*
*
■ 104. Section 73.5007 is amended by
revising paragraph (b)(2)(iii), (3)(iv), and
(v) to read as follows:
§ 73.5007
Designated entity provisions.
*
*
*
*
*
(b) * * *
(2) * * *
(iii) Television broadcast station—the
noise limited contour (see § 73.619(c));
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(3) * * *
(iv) Television broadcast station—the
noise limited contour (see § 73.619(c)).
(v) Low power television or television
translator station—predicted, protected
contour (see § 74.792(a) of this chapter).
*
*
*
*
*
■ 105. Amend § 73.6000 by revising the
definition for ‘‘Locally-produced
programming’’ to read as follows:
§ 73.6000
Definitions.
*
*
*
*
*
Locally produced programming is
programming produced within the
predicted noise-limited contour (see
§ 73.619(c)) of a Class A station
broadcasting the program or within the
contiguous predicted noise-limited
contours of any of the Class A stations
in a commonly owned group.
*
*
*
*
*
■ 106. Section 73.6010 is amended by
removing and reserving paragraph (b)
and by revising paragraph (d) to read as
follows:
§ 73.6010
contour.
Class A TV station protected
*
*
*
*
*
(d) The Class A TV station protected
contour is calculated from the effective
radiated power and antenna height
above average terrain, using the F(50,90)
signal propagation method specified in
§ 73.619(b)(1) of this part.
§ 73.6012
■
§ 73.6013
■
[Removed and Reserved]
107. Remove and reserve § 73.6012.
[Removed and Reserved]
[Removed and Reserved]
109. Remove and reserve § 73.6014.
110. Revise § 73.6017 to read as
follows:
■
■
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§ 73.6017 Class A TV station protection of
Class A TV stations.
An application to change the facilities
of a Class A TV station will not be
accepted if it fails to protect authorized
Class A stations in accordance with the
requirements of § 74.793 (b) through (d)
and § 74.793(g) of this chapter. This
protection must be afforded to
applications for changes in other
authorized Class A stations filed prior to
the date the Class A application is filed.
■ 111. Revise § 73.6018 to read as
follows:
§ 73.6018 Class A TV station protection of
TV stations.
Class A TV stations must protect the
TV service that would be provided by
the facilities specified in the Table of
TV Allotments in § 73.622(j), by
authorized TV stations, and by
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§ 73.6019 Class A TV station protection of
low power TV and TV translator stations.
An application to change the facilities
of a Class A TV station will not be
accepted if it fails to protect authorized
low power TV and TV translator
stations in accordance with the
requirements of § 74.793(b) through (d)
and (h) of this chapter. This protection
must be afforded to applications for
changes filed prior to the date the Class
A station application is filed.
■ 113. Revise § 73.6020 to read as
follows:
§ 73.6020 Protection of stations in the land
mobile radio service.
An application to change the facilities
of an existing Class A TV station will
not be accepted if it fails to protect
stations in the land mobile radio service
pursuant to the requirements specified
in § 74.709 of this chapter.
■ 114. Section 73.6022 is revised to read
as follows:
§ 73.6022
108. Remove and reserve § 73.6013.
§ 73.6014
applications that propose to expand TV
stations’ allotted or authorized coverage
contour in any direction. Protection of
these allotments, stations, and
applications must be based on meeting
the requirements of § 74.793 (b) through
(e) of this chapter. An application to
change the facilities of a Class A TV
station will not be accepted if it fails to
protect these TV allotments, stations,
and applications in accordance with
this section.
■ 112. Revise § 73.6019 to read as
follows:
Negotiated interference.
(a) Notwithstanding the technical
criteria in this subpart, Subpart E of this
part, and Subpart G of part 74 of this
chapter regarding interference
protection to and from Class A TV
stations, Class A TV stations may
negotiate agreements with parties of
authorized and proposed TV, LPTV, TV
translator, Class A TV stations or other
affected parties to resolve interference
concerns; provided, however, other
relevant requirements are met with
respect to the parties to the agreement.
A written and signed agreement must be
submitted with each application or
other request for action by the
Commission. Negotiated agreements
under this paragraph can include the
exchange of money or other
considerations from one entity to
another. Applications submitted
pursuant to the provisions of this
paragraph will be granted only if the
Commission finds that such action is
consistent with the public interest.
(b) [Reserved]
■ 115. Revise § 73.6023 to read as
follows:
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§ 73.6023
systems.
Distributed transmission
Station licensees may operate a
commonly owned group of digital Class
A stations with contiguous predicted TV
noise-limited contours (pursuant to
§ 73.619(c)) on a common television
channel in a distributed transmission
system.
■ 116. Section 73.6024 is amended by
revising paragraphs (b), removing and
reserving paragraph (c) and revising
paragraph (d) to read as follows:
§ 73.6024 Transmission standards and
system requirements.
*
*
*
*
*
(b) A Class A TV station may continue
to operate with the transmitter operated
under its previous LPTV license,
provided such operation does not cause
any condition of uncorrectable
interference due to radiation of radio
frequency energy outside of the assigned
channel. Such operation must continue
to meet the requirements of § 74.750 of
this chapter.
(c) [Reserved]
(d) A Class A station must meet the
emission requirements of § 74.794 of
this chapter. Stations within 275
kilometers of the US-Mexico border
shall specify the full-service emission
mask.
■ 117. Amend § 73.6025 by:
■ a. Revising paragraph (a) introductory
text;
■ b. Removing paragraphs (a)(1) through
(5);
■ c. Removing and reserving paragraph
(b); and
■ d. Revising paragraph (d).
The revisions read as follows:
§ 73.6025
location.
Antenna system and station
(a) Applications for modified Class A
TV facilities proposing the use of
directional antenna systems must
include all appropriate documentation
specified in § 73.625(c)(3).
*
*
*
*
*
(d) Class A TV stations are subject to
the provisions in § 73.617(d) regarding
blanketing interference.
■ 118. Revise § 73.6026 to read as
follows:
§ 73.6026 Broadcast regulations
applicable to Class A television stations.
The following rules are applicable to
Class A television stations:
(a) § 73.603 Numerical designation of
television channels.
(b) § 73.624(b), (c) and (g) Television
broadcast stations.
(c) § 73.658 Affiliation agreements
and network program practice;
territorial exclusivity in non-network
program arrangements.
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(d) § 73.664 Determining operating
power.
(e) § 73.670 Commercial limits in
children’s programs.
(f) § 73.671 Educational and
informational programming for
children.
(g) § 73.673 Public information
initiatives regarding educational and
informational programming for
children.
(h) § 73.688 Indicating instruments.
(i) § 73.1030 Notifications concerning
interference to radio astronomy,
research and receiving installations.
(j) § 73.3615(a) and (g) Ownership
reports.
§ 73.6027
[Removed and Reserved]
119. Remove and reserve § 73.6027.
120. Section 73.8000 is revised to read
as follows:
■
■
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§ 73.8000
Incorporation by reference.
Certain material is incorporated by
reference into this part with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. To enforce any edition
other than that specified in this section,
the Federal Communications
Commission (FCC) must publish a
document in the Federal Register and
the material must be available to the
public. All approved incorporation by
reference (IBR) material is available for
inspection at the FCC and at the
National Archives and Records
Administration (NARA). Contact the
FCC at: Federal Communications
Commission’s Reference Information
Center, located at the address of the
FCC’s main office indicated in 47 CFR
0.401(a). For information on the
availability of this material at NARA,
visit www.archives.gov/federal-register/
cfr/ibr-locations.html or email
fr.inspection@nara.gov. The material
may be obtained from the following
sources:(a) Advanced Television
Systems Committee (ATSC), 1300 I
Street NW, Suite 400E, Washington, DC
20005; website: www.atsc.org/
standards.html.
(1) ATSC A/52: ‘‘ATSC Standard
Digital Audio Compression (AC–3),’’
1995, IBR approved for § 73.682.
(2) ATSC A/53 Parts 1–4 and 6: 2007
‘‘ATSC Digital Television Standard,’’
(January 3, 2007) and ATSC A/53 Part
5: 2010 ‘‘ATSC Digital Television
Standard: Part 5—AC–3 Audio System
Characteristic,’’ (July 6, 2010); IBR
approved for § 73.682. as listed below:
(i) A/53, Part 1:2007, ‘‘Digital
Television System’’ (January 3, 2007),.
(ii) A/53, Part 2:2007, ‘‘RF/
Transmission System Characteristics’’
(January 3, 2007).
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(iii) A/53, Part 3:2007, ‘‘Service
Multiplex and Transport Subsystem
Characteristics’’ (January 3, 2007).
(iv) A/53, Part 4:2007, ‘‘MPEG–2
Video System Characteristics’’ (January
3, 2007), except for § 6.1.2 of A/53 Part
4: 2007, and the phrase ‘‘see Table 6.2’’
in section 6.1.1 Table 6.1 and section
6.1.3 Table 6.3.
(v) A/53, Part 5: 2010, ‘‘AC–3 Audio
System Characteristics’’ (July 6, 2010).
(vi) A/53, Part 6:2007, ‘‘Enhanced
AC–3 Audio System Characteristics’’
(January 3, 2007).
(3) ATSC A/65C: ‘‘ATSC Program and
System Information Protocol for
Terrestrial Broadcast and Cable,
Revision C With Amendment No. 1
dated May 9, 2006,’’ (January 2, 2006),
IBR approved for §§ 73.682.
(4) ATSC A/85:2013 ‘‘ATSC
Recommended Practice: Techniques for
Establishing and Maintaining Audio
Loudness for Digital Television,’’
(March 12, 2013) (‘‘ATSC A/85 RP’’),
IBR approved for § 73.682.
(5) ATSC A/321:2016, ‘‘System
Discovery and Signaling’’ (March 23,
2016), IBR approved for § 73.682.
(6) ATSC A/322:2017 ‘‘Physical Layer
Protocol’’ (June 6, 2017), IBR approved
for § 73.682.
(b) Federal Communications
Commission (FCC), Reference
Information Center, located at the
address of the FCC’s main office
indicated in 47 CFR 0.401(a), or at the
FCC’s Office of Engineering and
Technology (OET) website:
www.fcc.gov/oet/info/documents/
bulletins/.
(1) OET Bulletin No. 69: ‘‘LongleyRice Methodology for Evaluating TV
Coverage and Interference’’ (February 6,
2004), IBR approved for § 73.616.
(2) [Reserved]
PART 74—EXPERIMENTAL RADIO,
AUXILIARY, SPECIAL BROADCAST
AND OTHER PROGRAM
DISTRIBUTIONAL SERVICES
121. The authority for Part 74
continues to read as follows:
■
Authority: 47 U.S.C. 154, 302a, 303, 307,
309, 310, 325, 336, and 554.
122. Section 74.701 is amended by
revising paragraph (f) to read as follows:
8689
123. Section 74.732 is amended by
revising paragraph (e) to read as follows:
■
§ 74.732 Eligibility and licensing
requirements.
*
*
*
*
*
(e) A proposal to change the primary
TV station being retransmitted or an
application of a licensed translator
station to include low power TV station
operation, i.e., program origination will
be subject only to a notification
requirement.
*
*
*
*
*
■ 124. Section 74.787 is amended by
revising paragraph (a)(5)(v) to read as
follows:
§ 74.787
Licensing.
(a) * * *
(5) * * *
*
*
*
*
*
(v) Pre-auction digital service area is
the geographic area within the full
power station’s noise-limited contour
that was protected in the incentive
auction repacking process. The service
area of the digital-to-digital replacement
translator shall be limited to only the
demonstrated loss area within the full
power station’s pre-auction digital
service area, provided that an applicant
for a digital-to-digital replacement
television translator may propose a de
minimis expansion of its full power preauction digital service area upon
demonstrating that the expansion is
necessary to replace a loss in its preauction digital service area.
*
*
*
*
*
■ 125. Section 74.792 is amended by
revising paragraph (b) to read as follows:
§ 74.792 Low power TV and TV translator
station protected contour.
*
*
*
*
*
(b) The low power TV or TV translator
protected contour is calculated from the
authorized effective radiated power and
antenna height above average terrain,
using the F(50,90) signal propagation
method specified in § 73.619(b)(1) of
this chapter.
■ 126. Section 74.793 is amended by
revising paragraphs (b), (e), (g), and (h)
to read as follows:
■
§ 74.701
Definitions.
*
*
*
*
*
*
(f) Low power TV station. A station
authorized under the provisions of this
subpart that may retransmit the
programs and signals of a TV broadcast
station and that may originate
programming in any amount greater
than 30 seconds per hour.
*
*
*
*
*
PO 00000
Frm 00055
Fmt 4701
§ 74.793 Low power TV and TV translator
station protection of broadcast stations.
Sfmt 4702
*
*
*
*
(b) Except as provided in this section,
interference prediction analysis is based
on the interference thresholds (D/U
signal strength ratios) and other criteria
and methods specified in § 73.620 of
this chapter.
*
*
*
*
*
(e) Protection to the authorized
facilities of TV broadcast stations shall
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be based on not causing predicted
interference to the population within
the service area defined and described
in § 73.619(c) of this chapter, except that
a low power TV or TV translator station
must not cause a loss of service to 0.5
percent or more of the population
predicted to receive service from the
authorized TV facilities.
*
*
*
*
*
(g) Protection to the authorized
facilities of Class A TV stations shall be
based on not causing predicted
interference to the population within
the service area defined and described
in § 73.6010 of this chapter,
respectively, except that a low power
TV or TV translator station must not
cause a loss of service to 0.5 percent or
more of the population predicted to
receive service from the authorized
Class A TV facilities.
(h) Protection to the authorized
facilities of low power TV and TV
translator stations shall be based on not
causing predicted interference to the
population within the service area
defined and described in § 74.792,
except that a low power TV or TV
translator station must not cause a loss
VerDate Sep<11>2014
17:07 Feb 08, 2023
Jkt 259001
of service to 2.0 percent or more of the
population predicted to receive service
from the authorized low power TV or
TV translator station.
*
*
*
*
*
■ 127. Section 74.794 is amended by
revising the section heading, paragraphs
(b) introductory text, (b)(1) and (2) to
read as follows:
§ 74.794
Emissions.
*
*
*
*
*
(b) In addition to meeting the
emission attenuation requirements of
the simple or stringent mask (including
attenuation of radio frequency
harmonics), low power TV and TV
translator stations authorized to operate
on TV channels 22–24, (518–536 MHz),
32–36 (578–608 MHz), 38 (614–620
MHz), and 65–69 (776–806 MHz) must
provide specific ‘‘out of band’’
protection to Radio Navigation Satellite
Services in the bands: L5 (1164–1215
MHz); L2 (1215–1240 MHz) and L1
(1559–1610 MHz).
(1) An FCC-certificated transmitter
specifically certified for use on one or
more of the above channels must
include filtering with an attenuation of
PO 00000
Frm 00056
Fmt 4701
Sfmt 9990
not less than 85 dB in the GPS bands,
which will have the effect of reducing
harmonics in the GPS bands from what
is produced by the transmitter, and this
attenuation must be demonstrated as
part of the certification application to
the Commission.
(2) For an installation on one of the
above channels with a transmitter not
specifically FCC-certificated for the
channel, a low pass filter or equivalent
device rated by its manufacturer to have
an attenuation of at least 85 dB in the
GPS bands, which will have the effect
of reducing harmonics in the GPS bands
from what is produced by the
transmitter, and must be installed in a
manner that will prevent the harmonic
emission content from reaching the
antenna. A description of the low pass
filter or equivalent device with the
manufacturer’s rating or a report of
measurements by a qualified individual
shall be retained with the station
license. Field measurements of the
second or third harmonic output of a
transmitter so equipped are not
required.
[FR Doc. 2022–24751 Filed 2–8–23; 8:45 am]
BILLING CODE 6712–01–P
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]]>Agencies
[Federal Register Volume 88, Number 27 (Thursday, February 9, 2023)]
[Proposed Rules]
[Pages 8636-8690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24751]
[[Page 8635]]
Vol. 88
Thursday,
No. 27
February 9, 2023
Part IV
Federal Communications Commission
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47 CFR Parts 0, 27, 73, et al.
Establishing Rules for Full Power Television and Class A Television
Stations; Proposed Rule
Federal Register / Vol. 88 , No. 27 / Thursday, February 9, 2023 /
Proposed Rules
[[Page 8636]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 27, 73, and 74
[MB Docket No. 22-227, FCC 22-73; FR ID 109687]
Establishing Rules for Full Power Television and Class A
Television Stations
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission
(Commission or FCC) seeks comment on comprehensively deleting,
updating, or otherwise revising Commission rules for full power
television and Class A television stations that no longer have any
practical effect given the completion of the transition from analog to
digital-only operations and the post incentive auction transition to a
smaller television band with fewer channels. This NPRM also seeks
comment on a restructuring of the Commission's full power television
rules, which largely consist of the technical licensing, operating, and
interference rules for full power television.
DATES:
Comment date: April 10, 2023.
Reply comment date: April 25, 2023.
ADDRESSES: You may submit comments, identified by MB Docket No. 22-227,
FCC 22-73, by any of the following methods:
[ssquf] Federal Communications Commission's Website: https://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.
[ssquf] Mail: Office of the Secretary, Federal Communications
Commission, 45 L Street NE, Washington, DC 20554.
[ssquf] People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] 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.
FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at
[email protected], Emily Harrison, Media Bureau, at
[email protected], or Mark Colombo, Media Bureau, at
[email protected].
SUPPLEMENTARY INFORMATION: Pursuant to Sec. Sec. 1.415 and 1.419 of
the Commission's rules, 47 CFR 1.415, 1.419, interested parties may
file comments and reply comments on or before the dates indicated on
the first page of this document. Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS). 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://apps.fcc.gov/ecfs/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
Filings can be sent by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express,
and Priority mail must be addressed to 45 L Street NE, Washington, DC
20554.
Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to [email protected] or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
Paperwork Reduction Act of 1995 Analysis: This document proposes
new or modified information collection requirements. The Commission, as
part of its continuing effort to reduce paperwork burdens and pursuant
to the Paperwork Reduction Act of 1995, Public Law 104-13, invites the
general public and the Office of Management and Budget (OMB) to comment
on these information collection requirements. 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.
Synopsis
Incorporation by Reference
The Commission's proposals are limited to the incorporation by
reference of standards that are associated with full power and Class A
television services. Incorporation by reference is the process that
Federal agencies use when referring to materials published elsewhere to
give those materials the same force and effect of law in the Code of
Federal Regulations as if the materials' text had actually been
published in the Federal Register. 5 U.S.C. 552(a)(1) and Office of the
Federal Register, IBR Handbook 1 (July 2018), available at https://www.archives.gov/files/federal-register/write/handbook/ibr.pdf. By
using incorporation by reference, the Commission gives effect to
technical instructions, testing methodologies, and other process
documents that are developed and owned by standards development
organizations. Referencing these documents in the Commission's rules
substantially reduces the volume of material that would otherwise be
published in the Federal Register and the Code of Federal Regulations.
It also permits the Commission to more efficiently implement future
standards updates. Once the Commission completes any necessary notice-
and-comment rulemaking proceedings and applies agency expertise to
ensure that any standards adopted are sound and appropriate, the
Commission need only update the references to the standards in its
rules.
The following standards have previously been approved for IBR as
specified in 47 CFR 73.8000: (i) ATSC A/52; (ii) ATSC A/53; Parts 1-4
and 6: 2007; (iii) ATSC A/53 Part 5: 2010; (iv) ATSC A/65C; (v) ATSC A/
85:2013; (vi) ATSC A/321:2016; (vii) ATSC A/322:2017; and (viii) OET
Bulletin No. 69: ``Longley-Rice Methodology for Evaluating TV Coverage
and Interference'' (February 6, 2004); IBR approved for 47 CFR 73.616.
Background
The Commission proposes to adopt revisions to rules in part 0, part
27, subparts E, H, I, J, and L of part 73, and certain parts of parts
74 and 90 in light of the fact that all television services have ceased
analog operations. Given the conversion from analog to digital
television technology, we propose to eliminate entire rules and
portions of rules that provide for analog-to-analog
[[Page 8637]]
and analog-to-digital interference protection requirements and other
analog operating requirements. We similarly propose to amend section
headings and language in rules to remove references to DTV, digital,
and analog television service, as these distinctions are no longer
necessary. We also propose to delete outdated rules that are no longer
valid given changes in Commission-adopted policy, such as the
elimination of the comparative hearing process to award and renew
broadcast licenses. We also propose to adopt other non-substantive,
technical revisions as set forth in Appendix A and further described
below, for example, to update previously-adopted station license
periods and to delete obsolete rules governing the post-incentive
auction transition period. We also propose to update our rules to
reference the current designation for form numbers (e.g., FCC Form
2100) and by requiring electronic filing in the Commission's Licensing
and Management System (LMS). We also propose to make corrections or
updates, inter alia, to section headings, spelling, contact
information, and rule cross-references, or to language inadvertently
omitted from a rule.
Deletion of Obsolete Rules and Language Recognizing the Full Power and
Class A Digital Transition
Full power television stations were required to terminate all
analog operations no later than June 12, 2009 and Class A stations
September 1, 2015. Accordingly, we propose to eliminate entire rules,
and portions of rules, that provide for analog-to-analog and analog-to-
digital interference protection requirements and other analog operating
requirements from subpart E (Television Broadcast Stations), subpart H
(Rules Applicable to All Broadcast Stations), subpart I (Procedures for
Competitive Bidding and for Applications for Noncommercial Educational
Broadcast Stations on Non-Reserved Channels), and subpart J (Class A
Televisions Broadcast Stations). The rules we propose to amend are
related to analog operations (i.e., rules that reference ``NTSC,''
``analog'' (see 47 CFR 73.622(d)(1) (Digital television table of
allotments) (removing text of this rule that refers to analog
stations); 73.623(d) (removing analog technical references and
reformatting remaining digital technical references into (d)(2)(i)-(iv)
and (h) (DTV applications and changes to DTV allotments); 73.624(b) and
(c)(3) (Digital television broadcast stations) (removing text of this
rule that refers to analog stations); 73.683(d) (Field strength
contours and presumptive determination of field strength at individual
locations) (removing text of this rule that refers to analog stations);
and 73.686(d) (Field strength measurements) (removing text of this rule
that refers to analog stations). In addition, regarding Sec.
73.5000(a) (Services subject to competitive bidding), we propose to
delete the word ``analog'' where it is appears in the rule because
there is no need to differentiate between analog and digital television
services.), Grade A, Grade B, city grade contours, or F(50,50) curves
(see 47 CFR 73.683(a)-(b) (Field strength contours and presumptive
determination of field strength at individual locations);
73.1675(a)(1)(iii) (Auxiliary antennas) (delete analog contour and
replace with digital noise limited contour); 73.5007(b)(2)(iii) and
(b)(3)(iv) (Designated entity provisions); 73.6000 (Definitions); and
73.6010(b) (Class A TV station protected contour). The one exception is
47 CFR 73.626(f)(2)(i) (DTV distributed transmission systems), which
states that the F(50,50) service contour of a DTS transmitter shall not
extend beyond that of its reference facility, which will be retained.
We separately propose to add text in 47 CFR 73.683(a) (Field strength
contours and presumptive determination of field strength at individual
locations) to provide guidance for those reviewing the cross-reference
to this section found in 47 CFR 90.307(b) (Protection criteria)), with
the corresponding digital contours defined in Sec. Sec. 73.625(a),
73.622(e), 73.6010, and/or 74.792. As part of our reorganization of
subpart E, we note that we propose to relocate 47 CFR 73.625(a)
(Transmitter location) and 73.622(e) (DTV Service Areas) to new 47 CFR
73.618 and 73.619(c), respectively. We are not proposing to move Sec.
73.6010 or Sec. 74.792 as part of the reorganization. We note that
NTSC is an abbreviation for the National Television Standards
Committee, an association of engineers and scientists interested in the
development of television in the analog era, many of which were
employees of companies engaged in the manufacturing of television
equipment, that developed the black and white and subsequently color
television systems used in the United States. See generally Amendment
of the Commission's Rules Governing Color Television Transmissions,
Docket No. 10637, Report and Order, 41 F.C.C. 658 (1953). We also
propose to amend rules that reference peak power, visual or aural
carriers, or carrier frequencies because these are technical
engineering terms related to analog television and the rules are
related to analog television operations (see 47 CFR 73.653 (Operation
of TV aural and visual transmitters); 73.664(a)-(c) (Determining
operating power); 73.665 (Use of TV aural baseband subcarriers); 73.667
(TV subsidiary communications services); 73.669 (TV stereophonic aural
and multiplex subcarrier operation); 73.681 (Definitions) (we propose
to delete the following definitions relating to analog operations:
``Aural center frequency;'' ``Aural transmitter;'' ``Baseband;''
``Frequency departure;'' ``Frequency deviation;'' ``Frequency swing;''
``Main channel;'' ``Multiplex Transmission (Aural);'' ``Peak power;''
``Visual transmitter power''); 73.682(c) (TV transmission standards);
73.687(a), (b), (c) introductory text, (c)(1), and (e)(2) (Transmission
system requirements); 73.688(a) (Indicating instruments); 73.691
(Visual modulation monitoring); 73.699 (TV engineering charts) Figure12
(Figure 12 is referenced only by 73.687(b), which we propose to
delete); 73.1350(f)(3) (Transmission system operation); 73.1540(a)
(Carrier frequency measurements); 73.1545(c), (e), and Note to (e)
(Carrier frequency departure tolerances); 73.1560 (c)(1)-(2) (Operating
power and mode tolerances); 73.1570 (updating section heading) and
(b)(3) (Modulation levels: AM, FM, TV and Class A TV aural);
73.1635(a)(5) (Special temporary authorizations (STA)); and 73.6024(c)
(Transmission standards and system requirements). We note that 47 CFR
73.653 was raised in the ``FM6'' proceeding (In the Matter of
Amendments of Parts 73 and 74 of the Commission's Rules for Digital Low
Power Television and Television Translator Stations, MB Docket No. 03-
185, Fifth Notice of Proposed Rulemaking (rel. June 7, 2022), 87 FR
36440 (rel. June 17, 2022), and should dependence on this rule be
required in that proceeding, we would intend to add a separate rule
specific to FM6 stations rather than retain this generally-applicable
but clearly outdated rule)) and digital TV signals do not have specific
visual or aural carriers. See generally 47 CFR 73.682(d) (Digital
broadcast television transmission standard); see also 47 CFR 73.8000
(Incorporation by reference) (each of the several standards listed in
the rule relate to DTV). We similarly propose to amend rules and
figures which reference the vertical blanking interval, stereophonic
sound transmission, modulation, subcarriers of any kind, components of
the picture such as chrominance or color, or the sound or picture
itself beyond the lines of resolution. These references are technical
engineering terms related to analog television
[[Page 8638]]
operations since they are related to the picture derived from an analog
visual carrier or the sound derived from an analog aural carrier. See
47 CFR 73.621(g) (Noncommercial educational TV stations--referencing
Telecommunications Service on the Vertical Blanking Interval and in the
Visual Signal); 73.646 (Telecommunications Service on the Vertical
Blanking Interval and in the Visual Signal); 73.681 (Definitions)
(proposing to delete definitions and the Note for ``Amplitude
modulation (AM);'' ``BTSC;'' ``Blanking level;'' ``Chrominance;''
``Chrominance subcarrier;'' ``Color transmission;'' ``Field;''
``Frame;'' ``Frequency modulation (FM);'' ``IRE standard scale;''
``Luminance;'' ``Monochrome transmission;'' ``Multichannel Television
Sound (MTS);'' ``Negative transmission;'' ``Percentage modulation;''
``Pilot subcarrier;'' ``Program related data signal;'' ``Reference
black level;'' ``Reference white level of the luminance signal;''
``Scanning;'' ``Scanning line;'' ``Visual carrier frequency;'' ``Visual
transmitter''); 73.699 (TV engineering charts) (Figures 5, 5(a), 6, 7,
8, 13, 14, 15, 16, and 17); 73.1207(b)(2) (Rebroadcasts--referencing
multiplex subcarrier or telecommunications service on the vertical
blanking interval); and 73.1590(a)(5) (``TV stereophonic or subcarrier
transmission equipment''), (c)(1), and (c)(3) (Equipment performance
measurements). Section 73.699, Figure 11 (Assumed Ideal Detector
Output) is no longer referenced anywhere else in the rules, and appears
to have been inadvertently overlooked during a 1984 rule modification
which deleted the sole reference to it from Sec. 73.687(a) (see 49 FR
48305, 48312 (Dec. 12, 1984)), and we thus propose to delete it. While
47 CFR 73.621(h) (Noncommercial educational TV stations), which refers
to the transmission of non-program related data service on ``Line 21,''
does not specifically use the term ``visual blanking interval,'' ``Line
21'' refers to part of the vertical blanking interval, and thus we
propose to delete it. To the extent such analog rules are superseded by
related requirements for digital operations, the digital rules are
found in the digital broadcast television standard documents
incorporated by reference in Sec. 73.682(d). In addition, a number of
rules we propose to amend have a digital equivalent elsewhere in the
rules. See Sec. 73.613 (Protection of Class A TV stations) relates to
analog because Class A protections for digital stations are in Sec.
73.616(e), which we are proposing to move to Sec. 73.620(d). Sections
73.682(a)(2)-(13) and (15)-(24) (TV transmission standards) are
replaced by Sec. 73.682(d). Section 73.684 (Prediction of coverage) is
in Sec. 73.625 (DTV coverage of principal community and antenna
system), some of which we are proposing to move into other rule parts
in the proposed reorganization of our rules; reference in Sec. 73.681
updated accordingly. The digital equivalent of Sec. 73.685(a)-(c)
(Transmitter location and antenna system) is found in Sec.
73.625(a)(1)-(3). The digital equivalent of Sec. 73.685(f)
(Transmitter location and antenna system) is contained in 73.625(c)(3),
which applies also to Sec. Sec. 73.1690(b)(3) and (c)(3) (Modification
of transmission systems). The digital equivalent of Sec. 73.687(e)(1)
(Transmission system requirements) is replaced by Sec. 73.622(h),
which we are proposing to move to Sec. 73.611. The digital equivalent
of Sec. 73.698 (Tables) is replaced by Sec. 73.623(d)(2), which we
are proposing to move to Sec. 73.622(k). Section 73.3550(b) (Requests
for new or modified call sign assignments) has a reference to Sec.
74.783(d), but Sec. 74.791(a) is the equivalent digital rule.
Accordingly, we are proposing to replace the reference to 74.783(d)
with 74.791(a). The digital equivalent of Sec. 73.3572(a)(4)
(Processing of TV broadcast, Class A TV broadcast, low power TV, TV
translators, and TV booster applications) is replaced by Sec.
74.787(a)(4). The digital equivalent of Sec. 73.6012 (Protection of
Class A TV, low power TV and TV translator stations) is found in
Sec. Sec. 73.6017 and 73.6019. The digital equivalent of Sec. 73.6013
(Protection of DTV stations) is found in Sec. 73.6018 (Digital Class A
TV station protection of DTV stations). The digital equivalent of Sec.
73.6014 (Protection of digital Class A TV stations) is found in Sec.
73.6017. For all of these cases, we propose to either modify the analog
reference to specify a digital equivalent, or delete the analog-related
rule entirely. We seek comment on these proposals.
We also propose to amend rule section headings and rules in subpart
E, subpart H, and subpart J, to remove references to DTV and digital
television service since all television services have transitioned from
analog to digital operations and thus, there is no further need to
differentiate between two separate kinds of service. For subpart E, see
47 CFR 73.616(a)-(e) and (g) (Post-transition DTV station interference
protection); 73.621(j) (Noncommercial educational TV stations);
73.622(a) introductory text and (a)(2) (also delete reference to out-
of-core-channels), (c)(1), (e)(1), (f)(6), (f)(7), (f)(8) (also delete
references to out-of-core channels) (Digital television table of
allotments); 73.623 (updating section heading), (a)-(f) and (h); (DTV
applications and changes to DTV allotments); 73.624 (updating section
heading), (a)-(c) and (g) (Digital television broadcast stations);
73.625 (updating section heading), (a)(1), (b)(1), (b)(3), (c)(4)(i)-
(ii) (DTV coverage of principle community and antenna system); 73.626
(updating section heading), (a), (c)(1), (e), (f)(2), (f)(6) (DTV
distributed transmission systems); 73.686(e) (Field strength
measurements). For subpart H, see 47 CFR 73.1201(b)(1) (Station
identification). And for subpart J, see 47 CFR 73.6010(c) and (d)
(Class A TV station protection contour); 73.6017 (Digital Class A TV
station protection of Class A TV and digital Class A TV stations);
73.6018 (Digital Class A TV station protection of DTV stations);
73.6019 (Digital Class A TV protection of low power TV, TV translator,
digital low power TV and digital TV translator stations); 73.6022(a)
(Negotiated interference and relocations agreements); 73.6020
(Protection of stations in the land mobile radio service); 73.6023
(Distributed transmission systems); and 73.6024(d) (Transmission
standards and system requirements). We also propose to amend Sec.
73.6024(d) (Transmission standards and system requirements) to require
stations in the Mexican border zone to specify a full-service emission
mask in any modification applications requiring coordination. We also
propose to eliminate provisions of rules and amend section headings and
language that are obsolete due to the conversion from analog to digital
television technology, including references to the analog television
booster service in subpart E and subpart H, since these services were
not carried over into digital operations. See Part 74 Order at para. 6
and n.24. For subpart E, see 47 CFR 73.622(d)(1)-(2), Note to (e)(2),
(e)(3), (f)(5), (f)(6), (f)(7), and (f)(8) (Digital television table of
allotments); 73.623(a)-(b), (c)(2), (c)(3), (c)(5), (d), and (h) (DTV
applications and changes to DTV allotments); 73.624(a), (b)(1)-(2),
(d)-(f) (refer to pre-DTV transition procedures) (Digital television
broadcast stations); and 73.626(c)(2) (DTV distributed transmission
systems). Section 73.622(c)(2) states that an application may be filed
for a channel or community not specified in the DTV Table of Allotments
(formerly Sec. 73.622(b)) if it is consistent with the rules and
policies established in Service Rules for the 746-764 and 776-794 MHz
[[Page 8639]]
Bands, and Revisions to Part 27 of the Commission's Rules, WT Docket
No. 99-168, Third Report and Order, 16 FCC Rcd 2703, 2717-18, paras.
34-36 (2001) (stating that the Commission would allow stations on
channels 59 through 69 to enter into voluntary agreements to
temporarily relocate to channels 52 through 58). Because Sec.
73.622(b) has been deleted and channels 52 through 58 reallocated for
non-broadcast use, we propose to delete this section of the rule.
Similarly, we propose to delete the last five sentences of Sec.
73.622(c)(1), which discuss procedures for filing applications for
channel changes made in the deleted paragraph (b), DTV Table of
Allotments, citing the MO&O on Reconsideration of the Sixth R&O, 13 FCC
Rcd 7418, (1998), and analog channel swaps. For subpart H, see 47 CFR
73.1001(c) (Scope); 73.3521 (Mutually exclusive applications for low
power television, television translators and television booster
stations); 73.3525 (Note) (Agreements for removing application
conflicts); 73.3533(a)(5) (Application for construction permit or
modification of construction permit); 73.3584(a), (c) (Procedure for
filing petitions to deny); 73.3572 (section heading, (a)(2), (c) and
(f)-(g)) (Processing of TV broadcast, Class A TV broadcast, low power
TV, TV translators, and TV booster applications); and 73.3598(a)
introductory text (Period of construction). We propose to amend Sec.
73.6026 (Broadcast regulations applicable to Class A television
stations) to remove references to analog-only rules applicable to Class
A television stations, consistent with proposals above. See 47 CFR
73.6026 (delete reference to Sec. 73.635 (Use of common antenna site);
73.646 (Telecommunications Service on the Vertical Blanking Interval
and in the Visual Signal); 73.653 (Operation of TV aural and visual
transmitters); 73.665 (Use of TV aural baseband subcarriers); 73.667
(TV subsidiary communications services); 73.669 (TV stereophonic aural
and multiplex subcarrier operation); and 73.691 (Visual modulation
monitoring). As discussed infra, we propose to delete the rules related
to the Subscription Television Service as unnecessary and no longer in
use, and amend 47 CFR 73.664 (Determining operating power), to remove
references to measurement techniques we believe no longer have any use
in the processing of applications to determine interference to other
stations or previously filed applications. We seek comment on these
proposals.
We also propose to remove from certain part 74 rules inadvertent
references to DTV and digital television service, overlooked in the
Part 74 Order, since, with rare exception, all part 74 television
services have transitioned from analog to digital operations and thus,
there is no further need to differentiate between two separate kinds of
service. See 47 CFR 74.792(b) (Low power TV and TV translator station
protected contour); 74.793(e), (g)-(h) (Low power TV and TV translator
station protection of broadcast stations); and 74.794 (section heading,
paragraph (b) introductory text, (b)(1), and (b)(2) (Digital
emissions). We also propose to delete the second sentence in 47 CFR
74.793(b) (Low power TV and TV translator station protection of
broadcast stations), given the fact that we propose to delete the
analog threshold interference levels in 47 CFR 73.623(c)(2) (DTV
applications and changes to DTV allotments) and therefore there is no
need to distinguish digital operations. We note that a small number of
TV translator stations licensed to the State of Alaska (the Alaska
translator stations) remain operating in analog pursuant to a
Commission waiver of the analog termination date. See State of Alaska--
Request for Waiver of Section 74.731(m) of the Commission's Rules, 36
FCC Rcd 10765 (2021); see also Letter to State of Alaska from Barbara
A. Kreisman, Chief, Video Division (Jan. 26, 2022), a copy of which is
available at LMS File Nos. 0000179529, 0000179531, 0000179528,
0000179535, 0000179536, 0000179527, 0000179526, 0000179534, and
0000179533; see also Letter to State of Alaska from Barbara A.
Kreisman, Chief, Video Division (July 15, 2022), a copy of which is
available at LMS File Nos. 0000194718, 0000194713, 0000194714,
0000194717, 0000194716, 0000194712, and 0000194715 (extending the
tolling through October 3, 2022). We understand the licensee of these
translator stations is actively transitioning and anticipates
terminating analog service in the near future. In the event any of the
Alaska translator stations have not completed their digital transition
by the effective date of these rule changes discussed herein, we direct
the Media Bureau to follow appropriate procedures to impose any
necessary conditions on the station's authorization to continue analog
operations.
We also propose to remove references to an element of the Table of
Allotments that has been previously updated. Applicants for full power
digital broadcast stations may only apply to construct on channels
designated in a codified Table of Allotments and only in the
communities listed therein. See 47 CFR 73.622(c)(1). To accommodate the
analog to digital television transition, the Commission adopted Sec.
73.622(b) (DTV Table of Allotments) in 1997 to allot a paired DTV
channel to each analog television licensee and permittee. See 47 CFR
73.622(b) (2018) (DTV Table of Allotments); Advanced Television Systems
and Their Impact Upon the Existing Television Broadcast Service, MM
Docket No. 87-268, Sixth Report and Order, 12 FCC Rcd 14588 (1997)
(Sixth Report and Order), Memorandum Opinion and Order on
Reconsideration of the Sixth Report and Order, 13 FCC Rcd 7418 (1998)
(MO&O on Reconsideration of the Sixth R&O). The Commission later
deleted Sec. 73.622(b), as well as the analog TV Table of Allotments
previously found in Sec. 73.606, when it adopted Sec. 73.622(i)
(Post-Transition Table of Allotment). See 47 CFR 73.622(i); Amendment
of Parts 27, 54, 73, 74, and 76 of the Commission's Rules to Delete
Rules Made Obsolete by the Digital Television Transition, MB Docket No.
17-105, Order, 33 FCC Rcd 863 (2018). The rules, however, continue to
refer to ``Appendix B,'' which specified the service area that must be
protected for each channel allotted in Sec. 73.622(b) during most of
the transition period, and set forth the maximum effective radiated
power (ERP) and antenna height above average terrain (HAAT) for each
allotment in the ``initial'' DTV table, i.e., Sec. 73.622(b). We
therefore propose to remove references to ``Appendix B'' in our rules.
Appendix B, and a description of its use and contents, is in the Sixth
Report and Order, 12 FCC Rcd at 14693-754. Corrections were made to
Table 2 of Appendix B in the MO&O on Reconsideration. We note that
Sec. 73.622(f)(3)(i) and (ii) both refer to policies specific to
Appendix B, and thus propose to delete them. We seek comment on these
proposals.
We propose to amend Sec. 73.612 to remove references to distance
separations, which outside of new allotment proceedings are not used in
digital TV. See 47 CFR 73.612(a)-(b) and Note (Protection from
interference). This rule is obsolete, as TV stations are now protected
using OET Bulletin No. 69. See 47 CFR 73.616(d) (Post-transition DTV
station interference protection). We propose to delete Sec. 73.615
because the Commission staff's current practice provides additional
precision beyond what the text of the current rule requires since the
staff now issues authorizations
[[Page 8640]]
based on the more precise kW value as opposed to dBk and does not round
HAAT values as described in this rule. See 47 CFR 73.615
(Administrative changes in authorizations). For example, a station
authorized at 30 dBk (decibels above 1 kW) would operate at 1000 kW,
while a station at 29.9 dBk consistent with the current rule would
operate at approximately 977 kW. The Media Bureau (Bureau), however,
authorizes stations today based on kW, allowing a station to be
authorized at an intermediate value such as 990 kW. The Bureau's
current practice therefore provides more precision. For the same
reason, we propose to remove the dBk reference in Sec. 73.614(a)
(Power and antenna height requirements). We propose to delete Sec.
73.622(g)(2), which pertains to protection of analog TV signals by an
upper-adjacent digital signal. See Advanced Television Systems and
Their Impact Upon the Existing Television Broadcast Service, MM Docket
No. 87-268, Memorandum Opinion and Order on Reconsideration of the
Sixth Report and Order, 13 FCC Rcd 7418, 7467, para. 120 (1998). We
propose to delete Sec. 73.1620(f) (Program tests) since it refers to a
policy of allowing 1000 watt UHF translators on vacant allotments, a
policy which was ended prior to 1984 (see Low Power Television and
Television Translator Service, MM Docket No. 83-1350, Report and Order,
102 F.C.C.2d 295, 311 (1984) (indicating that Sec. 73.3516(c) should
have been modified at the time when LPTV rules were adopted, which is
the rule part that 73.1620(f) refers to), and to delete from Sec.
73.6024(b) (Transmission standards and system requirements) a reference
to Sec. 74.736, as that section was recently eliminated by the
Commission in the Part 74 Order. See Part 74 Order. We also propose to
delete Sec. Sec. 73.685(g) (Transmitter location and antenna system)
and 73.6025(b) (Antenna system and station location) because these
rules were adopted many decades ago for the analog era and are not
relevant to or used in the digital environment. See 28 FR 13572, 13678-
79 (rel. Dec. 14, 1963) (Sec. 73.685 (1963)). We seek comment on these
proposals.
Updates and Corrections to the Full Power and Class A Rules
We also propose to make other updates and corrections to the full
power and Class A rules. We propose to update the reference to the 2000
census population data found in Sec. 73.616(d)(1) to reflect a
reference to the most recent official decennial U.S. Census population
data, which conforms paragraph (d)(1) to the language in Sec.
73.616(e)(1). See 47 CFR 73.616(d)(1) (Post-transition DTV station
interference protection). This language was inadvertently not included
in paragraph (d)(1). See Authorizing Permissive Use of the ``Next
Generation'' Broadcast Television Standard, GN Docket No. 16-142,
Notice of Proposed Rulemaking, 32 FCC Rcd 1670, 1696-97, para. 59
(2017) (in proposing to adopt Sec. 73.616(e)(1), the Commission stated
that ``[w]e propose to update the Commission's rules regarding
acceptable levels for interference resulting from a broadcaster's
application for new or modified facilities''); Authorizing Permissive
Use of the ``Next Generation'' Broadcast Television Standard, GN Docket
No. 16-142, Report and Order and Further Notice of Proposed Rulemaking,
32 FCC Rcd 9930, 9986-88, para. 114 (2017) (in adopting the rule, the
Commission stated that ``[a]fter the repacking process is complete, any
broadcast television service or interference calculations will be based
on the 2010 U.S. Census statistics, until after 2020, when the next
U.S. Census statistics are scheduled to become available and the Media
Bureau subsequently announces the date of application of such data'').
We also propose to make a similar revision in 47 CFR 73.686(c)(1)(i) to
conform the rule to 47 CFR 73.616. As part of our reorganization, we
propose to relocate Sec. 73.616(d) (Post-transition DTV station
interference protection) into a new Sec. 73.620. We propose to amend
references to the ``Table of Allotments'' in Sec. 73.622(j) to the
``Table of TV Allotments'' in all places where it is referenced in
subpart E (see 47 CFR 73.622 (section heading and (a)) (Digital
television table of allotments); 73.623(d), (f), and (h) (DTV
applications and changes to DTV allotments)) and in subpart H, for
continuity. See 47 CFR 73.1015 (Truthful written statements and
responses to Commission inquiries and correspondence). We also propose
to update the reference to FM Table of Allotments to ``Table of FM
Allotments'' in 47 CFR 73.1015 to reflect the name of the table in 47
CFR 73.202(b). We propose to amend Sec. 73.622(j) to reflect a channel
substitution previously adopted upon notice and comment rulemaking that
was adopted shortly before the current version of the Table of TV
Allotments was adopted. On June 12, 2021, the Media Bureau issued a
Notice of Proposed Rulemaking in response to a petition filed by KTUL
Licensee, LLC, the licensee of KTUL, Tulsa, Oklahoma, requesting the
substitution of channel 14 for channel 10 at Tulsa in Sec. 73.622(i),
the DTV Table of Allotments. Amendment of Section 73.622(i), Post-
Transition Table of DTV Allotments, Television Broadcast Stations
(Tulsa, Oklahoma), MB Docket No. 21-9, Notice of Proposed Rulemaking,
36 FCC Rcd 157 (Vid. Div. 2021) (Tulsa NPRM). In the Tulsa NPRM, the
Bureau noted that the Commission had completed the incentive auction
and broadcast television spectrum repacking authorized by the Spectrum
Act and that the Bureau would amend the rules to reflect all new full
power channel assignments in a revised Table of Allotments. Because the
Table had not yet been amended, however, the Bureau continued to refer
to Sec. 73.622(i) for the purpose of the Tulsa proceeding. Id. at 157,
n.1. The Bureau adopted a Report and Order amending Sec. 73.622(i) to
substitute channel 14 at Tulsa, Amendment of Section 73.622(i), Post-
Transition Table of DTV Allotments, Television Broadcast Stations
(Tulsa, Oklahoma), MB Docket No. 21-9, Report and Order, DA 21-1161
(rel. Sept. 16, 2021), and shortly thereafter the Commission adopted
the Table of TV Allotments, which superseded Sec. 73.622(i). October
2021 Order at para. 8. The amendment to Sec. 73.622(j) reflects this
channel substitution. We propose to amend certain rules in subpart E to
add common abbreviations used elsewhere in the Commission's rules and
forms. See, e.g., 47 CFR 73.614(a) (adding abbreviations for ``ERP''
and ``HAAT'') (Power and antenna height requirements); and 73.625(a)(1)
(adding abbreviations for ``ERP'' and ``HAAT'') (DTV coverage of
principal community and antenna system). We propose to amend certain
rules in subpart H and subpart I to provide full power and Class A
licensees and permittees with accurate information about current
Commission forms and filing procedures, including the removal of
obsolete forms. See 47 CFR 73.1250(e) (Broadcasting emergency
information); 73.1350(h) (Transmission system operation); 73.1560(a)(1)
and (d) (Operating power and mode tolerances); 73.1615(c) (Operation
during modification of facilities); 73.1620(a)(1)-(3) (Program tests);
73.1635(a)(2)-(3) (Special temporary authorizations (STA)); 73.1675(b)
(Auxiliary antennas); 73.1690(b) and (c)(3) (Modification of
transmission systems); 73.1740(a)(4) (Minimum operating schedule);
73.1750 (Discontinuance of operation); 73.2080(c)(6) and (f) (deleting
the references to obsolete Form 397 and updated the names of forms)
(Equal employment opportunities (EEO)); 73.3500 (Application and report
forms); 73.3533(a)(1) and (a)(4)-(a)(7)
[[Page 8641]]
(Application for construction permit or modification of construction
permit); 73.3536(b)-(c) (Application for license to cover construction
permit); 73.3540(c)-(f) (Application for voluntary assignment or
transfer of control); 73.3541(b) (Application for involuntary
assignment of license or transfer of control); 73.3544(b)-(c)
(Application to obtain a modified station license); 73.3578(b)
(Amendments to applications for renewal, assignment or transfer of
control); 73.3587 (Procedure for filing informal objections); 73.3549
(Requests for extension of time to operate without required monitors,
indicating instruments, and EAS encoders and decoders); 73.3550(a) and
(j) (also adding ``-DT'' suffix in (a), (f), (k), and (m) (Requests for
new or modified call sign assignments). The Commission has acknowledged
the use of the ``-DT'' suffix in prior rulemakings. In 2004, the
Commission permitted stations simulcasting their analog programming on
their digital channel to make station identification announcements
simultaneously for both stations as long as the identification included
both call signs ``(e.g., ``WXXX-TV and WXXX-DT'').'' See Second
Periodic Review of the Commission's Rules and Polices Affecting the
Conversion to Digital Television, MB Docket No. 03-15, Report and
Order, 19 FCC Rcd 18279, 18355, para. 173 (2004) (subsequent citations
omitted) (Second Periodic Review); see also Digital Transition Call
Sign Procedures, Public Notice, 24 FCC Rcd 7617 (MB 2009). We also
propose to update 47 CFR 73.3598(c) (Period of construction);
73.5005(a) (Filing of long-form applications); and 73.5006(b) (Filing
of petitions to deny against long-form applications). We note that the
numbering of our forms has changed with the transition of the
Commission's broadcast licensing database from the Consolidated
Database System (CDBS) to the Licensing and Management System (LMS).
We propose to update Sec. 73.1030 to reflect updated contact
information for the National Radio Astronomy Observatory site and the
Radio Frequency Management Coordinator. See 47 CFR 73.1030(a)(1) and
(b)(2) (Notifications concerning interference to radio astronomy,
research and receiving installations). We propose to delete Sec.
73.682(a)(1) as duplicative of Sec. 73.624(a) and thus, unnecessary.
See 47 CFR 73.682(a)(1) (TV transmission standards) and 47 CFR
73.624(a) (Digital television broadcast stations) (both noting the
width of a television channel is 6 MHz). We seek comment on these
proposals.
We also propose to make amendments to correct typographical errors
in words and cross-references that contain incorrect rule citations. 47
CFR 73.616(e)(1) (Post-transition DTV station interference protection);
73.622(c)(1) (Digital television table of allotments);
73.623(c)(5)(iii), (d)(1), (d)(4) (DTV applications and changes to DTV
allotments); 73.624(g) (Digital television broadcast stations);
73.625(c)(5) (cites to 73.622(f)(4) which is irrelevant to electrical
beam tilt) (DTV coverage of principal community and antenna system);
73.626(c)(2) (DTV distributed transmission systems); 73.681 (definition
for ``Antenna height above average terrain'' corrected to update rule
cross-reference) (Definitions); 73.682(d) (TV transmission standards);
73.683(c)(3) (Field strength contours and presumptive determination of
field strength at individual locations); 73.1217 (Broadcast hoaxes);
73.1250 (Broadcasting emergency information); 73.1615(b)(3) (Operation
during modification of facilities); 73.1690(b)(3) and (c)(3)
(Modification of transmission systems); 73.3550(b) and (i) (Requests
for new or modified call sign assignments); 73.5007(b)(3)(v)
(Designated entity provisions); 73.3578(b) (Amendments to applications
for renewal, assignment or transfer of control); 73.6018 (Digital Class
A TV station protection of DTV stations); 74.793(g) (Low power TV and
TV translator station protection of broadcast stations); and 73.4060(a)
(Citizens agreements). We propose to delete repetitive language within
a rule. See 47 CFR 73.623(e) (DTV applications and changes to DTV
allotments). We also propose to revise Sec. 73.682(d) to break the
existing paragraph into paragraphs, without altering its content, in
order to make the paragraph more accessible to licensees and the
public. See proposed 47 CFR 73.682(d)(1)-(4) (TV transmission
standards). We also propose to remove citations to sections of the
Communications Act in proposed Sec. 73.682(d)(3)(ii) relating to the
organization and functions of the Commission that we believe were
inadvertently included in the rule, as well as the physical address of
ATSC in favor of solely providing an updated web address (https://www.atsc.org/documents/atsc-1-0-standards/). We also propose to update
the physical address of ATSC in 47 CFR 73.8000 (Incorporation by
reference). In addition, we propose to eliminate notes to rules and
shift the language into the text of the relevant rule to conform to the
publishing conventions of the Administrative Committee of the Federal
Register. See 47 CFR 73.682 (TV transmission standards); 73.1216
(Licensee-conducted contests); 73.1217 (Broadcast hoaxes); and 73.3525
(Agreements for removing application conflicts). We seek comment on
these proposals.
We propose to delete Sec. 73.685(e) (Transmitter location and
antenna system) because it is redundant with Sec. 73.625(c)(2)
(antenna system), and contains certain requirements regarding
directional antennas which are no longer in use. We propose to delete
Sec. 73.622(f)(2) as obsolete, since all applications are now
evaluated for interference using OET Bulletin No. 69. See 47 CFR
73.622(f)(2) (Digital television table of allotments). See also 47 CFR
73.616(d) (Post-transition DTV station interference protection), which
requires applications to pass an analysis with OET Bulletin No. 69. We
also propose to delete Sec. 73.6027 as duplicative and unnecessary.
That rule provides that Class A television station must comply with
Sec. 73.1030 of the rules. See 47 CFR 73.6027 (Class A TV
notifications concerning interference to radio astronomy, research and
receiving installations). Section 73.1030, however, is already
applicable to Class A stations. See 47 CFR 73.1030 (Notifications
concerning interference to radio astronomy, research and receiving
installations). Class A licensees are required to comply with all part
73 regulations except for those that cannot apply for technical or
other reasons. Establishment of a Class A Television Service, MM Docket
No. 00-10, Report and Order, 15 FCC Rcd 6355, 6365, para. 23 (2000)
(Class A Report and Order). We also propose to place a reference to
Sec. 73.1030 in Sec. 73.6026 (Broadcast regulations applicable to
Class A television stations), which lists rules that apply to Class A
by reference. We similarly propose to delete the last sentence of
73.6020 (Protection of stations in the land mobile radio service) with
respect to land mobile radio service (LMRS) operations on channel 16 in
New York, as it is duplicative of the reference to Sec. 74.709 in the
first sentence of 73.6020, since Sec. 74.709 requires protection of
channel 16 in New York. We also propose to streamline Sec. 73.6000 by
amending the rule, after deleting the analog content, to simplify and
shorten the language without further altering the meaning or content.
See 47 CFR 73.6000 (Definitions--because we propose to delete paragraph
(1) supra, we propose to delete the number (2), but retain the
[[Page 8642]]
text). We seek comment on these proposals.
We also seek to add an explanatory note to Sec. 73.623 to
reference and explain the existence of a granted waiver with respect to
the community of Los Angeles, California. See 47 CFR 73.623 (DTV
applications and changes to DTV allotments). A similar explanatory note
was added to Sec. 74.709 in the Commission's Part 74 Order at para. 8.
Section 73.623 requires television stations to protect certain channels
for use by LMRS in thirteen U.S. cities listed in the rule. In 2008,
the Commission's Public Safety and Homeland Security Bureau (PSHSB)
granted a waiver pursuant to Sec. 337(c) of the Communications Act, as
amended, allowing the County of Los Angeles to use channel 15 in Los
Angeles for public safety communications. See Request for Waiver of the
Commission's Rules to Authorize Public Safety Communications in the
476-482 MHz Band (County of Los Angeles, California), Order, 23 FCC Rcd
18389 (PSHSB 2008). Because this channel is adjacent to two channels
contained in Sec. 73.623, we believe the public interest is served by
including a note explaining the existence of the 2008 waiver. We seek
comment on these proposals.
Post-Incentive Auction Licensing and Operation (Sec. 73.3700)
Section 73.3700(a)(2) includes licensing and procedural rules for
television stations during the post-incentive auction transition. The
incentive auction closed on April 13, 2017 (Incentive Auction Closing
and Channel Reassignment Public Notice: The Broadcast Television
Incentive Auction Closes; Reverse Auction and Forward Auction Results
Announced; Final Television Band Channel Assignments Announced; Post-
Auction Deadlines Announced, GN Docket No. 12-268, Public Notice, 32
FCC Rcd 2786 (WTB/MB 2017) (Channel Reassignment Public Notice), and
thus, we propose to amend Sec. 73.3700(a)(2) to add the citation to
the Channel Reassignment Public Notice that was released by the
Commission's Media and Wireless Telecommunications Bureaus and
Incentive Auction Task Force announcing the completion of the auction
and deadlines for stations assigned new channels through the repacking
process to terminate operations on pre-auction channels. See 47 CFR
73.3700(a) (Definitions), and (a)(2) (Channel reassignment public
notice). We also propose to delete as obsolete certain definitions that
relate to the bid options that were available to full power and Class A
television broadcasters eligible to participate in the incentive
auction that closed on April 13, 2017. See 47 CFR 73.3700(a)
(Definitions), (6) (High-VHF-to-Low-VHF station), (7) (License
relinquishment station), and (17) (UHF-to-VHF station). We also propose
to delete as obsolete procedural rules that governed the post-incentive
auction period for stations to transition off their pre-auction
channel, which ended on July 13, 2020, including the portions of the
rule pertaining to the special post-incentive auction displacement
filing window which closed on June 1, 2018 and applied to low power
television and television translator stations displaced by the auction.
See 47 CFR 73.3700(b) (Post-auction licensing), (c) (Consumer education
for transitioning stations), (d) (Notice to MVPDs), and (g) (Low Power
TV and TV translator stations).We retain those portions of the rule
pertaining to the small number of stations that are still engaged in
constructing final facilities on their post-auction channel assignments
and to the TV Broadcaster Relocation Fund. See 47 U.S.C. 1452(j)(1)(A)-
(B); see also Incentive Auction Task Force and Media Bureau Report on
the Status of the Post-Incentive Auction Transition and Reimbursement
Program; Announce a Further Allocation from the Relocation Fund; and
Announce Procedures for Eligible Entities to Close Out Accounts in the
Fund, Public Notice, 34 FCC Rcd 304, 312, para. 26 (2019); Expanding
the Economic and Innovation Opportunities of Spectrum Through Incentive
Auctions, Report and Order, 29 FCC Rcd 6567, 6825-26, paras. 632-36
(2014). We seek comment on these proposals.
Updates to Listing of FCC Policies
Sections 73.4000 et seq provide certain FCC policies and citations
related to all broadcast stations for the purpose of reference and
convenience. Section 73.4000 addresses the fact that the present
listing of FCC policies and citations contained in 73.4000 et seq may
not be an all-inclusive list. We propose to also include cautionary
language in the rule to note that subsequent decisions or actions may
exist. We seek comment on this proposal. We also propose to amend a
number of rules in Sec. Sec. 73.4000 et seq that are now obsolete or
otherwise require updates. For instance, the Commission no longer uses
comparative hearings to award commercial broadcast licenses so Sec.
73.4082 related to such proceedings is obsolete. See 47 CFR 73.4082
(Comparative broadcast hearings--specialized programming formats). The
Commission no longer resolves mutually exclusive broadcast applications
through comparative hearings but rather now uses competitive bidding
procedures. See 47 CFR 73.5000 et seq (procedures for competitive
bidding); Implementation of Section 309(j) of the Communications Act;
Competitive Bidding for Commercial Broadcast and Instructional
Television Fixed Service, MM Docket No. 97-234, First Report and Order,
13 FCC Rcd 15920 (1998) (subsequent citations omitted) (Competitive
Bidding First R&O). We propose to remove or update rules that implicate
audio services that are obsolete or require updates. Section 73.4017 is
proposed to be removed because these policies have been replaced by
competitive bidding procedures in Sec. Sec. 73.5000-73.5009. See 47
CFR 73.4017 (Application processing: Commercial FM stations); 47 CFR
73.5000-73.5009; Competitive Bidding First R&O, at 15972, para. 137
(1998). Section 73.4100 and Sec. 73.4101 are proposed to be retained
and amended to add a more recent policy pronouncement from 1981 and
1987. See 47 CFR 73.4100 (Financial qualifications; new AM and FM
stations) and 73.4101 (Financial qualifications, TV stations); Revision
of Application for Construction Permit for Commercial Broadcast Station
(FCC Form 301), Memorandum Opinion and Order, 50 R.R.2d 381, para. 6
(1981) and Certification of Financial Qualification by Applicants for
Broadcast Station Construction Permits, Public Notice, 2 FCC Rcd 2122
(1987). Section 73.4107 is proposed to be eliminated as the cited
documents refer to a completed proceeding. All of the cited documents
concern the rollout and implementation of Docket 80-90 and the 689 FM
allotments adopted therein. The allotments have been established, the
proceeding is terminated, and we believe there is no public interest
served by listing the cited documents in the policy statement. See 47
CFR 73.4107 (FM broadcast assignments, increasing availability of). We
also propose to eliminate Sec. 73.4108 because this requirement was
eliminated for FM stations. See 47 CFR 73.4108 (FM transmitter site map
submissions); 1998 Biennial Regulatory Review--Streamlining of Mass
Media Applications, Rules, and Processes, MM Docket Nos. 98-43 and 94-
149, Report and Order, 13 FCC Rcd 23056, 23082, para. 60 (1998)
(rejecting the suggestion that the Commission continue to require the
filing of site maps, finding it to be an ``unnecessary expense for
applicants'' ``in most instances''). And we propose to update rules to
reflect the
[[Page 8643]]
availability of newer versions of procedures and Commission orders. See
47 CFR 73.4210 (Procedure Manual: ``The Public and Broadcasting'') (The
rule is tentatively updated to reflect a newer version of the procedure
manual, which is available at: https://www.fcc.gov/media/radio/public-and-broadcasting); 73.4267 (Time brokerage) (The revisions to the rule
propose to remove outdated citations and add citations to reflect
current policy). See Review of the Commission's Regulations Governing
Attribution of Broadcast and Cable/MDS Interests, MM Docket Nos. 94-
150, 92-51, 87-154, Report and Order, 14 FCC Rcd 12559 (1999). See also
47 CFR 73.3555, Note 2(j). We also propose to update certain rules to
reflect the subsequent passage of legislation and the later Commission
revision of the relevant policy. See 47 CFR 73.4055 (Cigarette
advertising) (tentatively updated to reflect that in 1986, Congress
extended the ban to include advertisements for smokeless tobacco
products. See 15 U.S.C. 4402(c)). We seek comment on these proposals.
Deletion of Obsolete Language Due to Passage of Time and Changes in
Commission Policy
The Class A television service was authorized by passage of the
Community Broadcasters Protection Act of 1999 (CBPA), pursuant to which
eligible LPTV stations could obtain partial qualified primary status.
See Community Broadcasters Protection Act of 1999, Public Law 106-113,
113 Stat. Appendix I at pp. 1501A-594--1501A-598 (1999), codified at 47
U.S.C. 336(f) (CBPA). The CBPA was enacted on December 31, 1999, and in
implementing the Act in 2000, the Commission gave eligible stations
until May 1, 2000, to file an application for a Class A license. Class
A Report and Order; Memorandum Opinion and Order on Reconsideration, 16
FCC Rcd 8244 (2001). Stations that were authorized or applications that
were no longer subject to the filing of competing applications prior to
passage of the CBPA were not required to protect analog LPTV stations
that became Class A stations with passage of the CBPA on November 29,
1999. All of the LPTV stations that became analog Class A stations and
are still operating are now digital Class A stations. Accordingly, this
note to Sec. 73.613(a) is now obsolete and we propose to delete it.
See 47 CFR 73.613 (Note to 73.613(a)) (Protection of Class A TV
Stations). Section 73.6018 provides, in part, that Class A television
stations were required to protect any pre-transition DTV applications
filed before December 31, 1999, or between December 31, 1999 and May 1,
2000. Because the time for filing such pre-transition DTV applications
is long past and none remain pending, we tentatively conclude that we
should delete this language. See 47 CFR 73.6018 (Digital Class A TV
protection of DTV stations). We also propose to delete references to
digital and DTV. In addition, now that May 1, 2000 is past, the final
sentence in 73.623(c)(5) is rendered obsolete through the passage of
time and we propose to delete it. 47 CFR 73.623(c)(5) (DTV applications
and changes to DTV allotments). We believe this deletion is further
supported by the fact that the Commission previously stated ``Section
73.623 is amended by revising paragraph (a) as follows and deleting
paragraphs (c) and (g).'' (emphasis added). This was also reflected in
the Federal Register publication, 86 FR 66193 (Nov. 22, 2021), which
states ``Section 73.623 is amended by revising paragraph (a) and by
removing and reserving paragraphs (c) and (g).'' (emphasis added). 86
FR 66193, 66209 (Nov. 22, 2021). While references to the section were
deleted, the paragraph remains in the rules. We seek comment on these
proposals.
Section 73.6019 provides, in part, that Class A stations that were
reassigned a new channel in connection with the incentive auction were
not required to protect low power television or TV translator stations
in the applications they filed for a construction permit for the
channel specified in the April 13, 2017 Channel Reassignment Public
Notice. 47 CFR 73.6019 (Digital Class A TV station protection of low
power TV, TV translator, digital low power TV and digital TV translator
stations), citing Sec. 73.3700(b)(1). Those applications were required
to be filed by July 12, 2017, absent a waiver. Channel Reassignment
Public Notice, 32 FCC Rcd at 2809, para. 70. Such waiver requests were
required to be submitted no later than June 12, 2017 and all such
requests have been disposed of in decisions that are now final. Id.
Thus, we propose to delete that portion of the rule as obsolete. We
seek comment on this proposal.
Section 73.6022 provides that Class A stations displaced by channel
allotment changes by a DTV station could negotiate to exchange channels
with the DTV station, subject to certain conditions. 47 CFR 73.6022
(section heading and (b)) (Negotiated interference and relocation
agreements). Class A stations were subject to displacement only as the
result of ``engineering solutions'' by full power television stations
to resolve ``technical problems'' in replicating or maximizing the full
power television station's digital service area during the digital
transition. See Freeze on the Filing of Applications for Digital
Replacement Translator Stations and Displacement Applications, Public
Notice, 29 FCC Rcd 6063 (2014), citing Class A Report and Order, 15 FCC
Rcd at 6380-81, paras. 61-64 (subsequent citations omitted). Because
the digital transition is complete, any such displacements were
necessarily already identified and resolved. Accordingly, we
tentatively conclude that we should delete paragraph (b) of the rule as
obsolete. We seek comment on that tentative conclusion.
We also propose to amend Sec. 73.1020(a) to delete dates in the
past and include the applicable dates for future license renewal
cycles. Section 73.1020(a) provides, in part, the default time of
expiration for initial and renewal broadcast licenses by state.
Specifically, the default time of expiration for such licenses will be
3 a.m., local time, on certain enumerated dates and thereafter at 8-
year intervals for radio and TV broadcast stations depending on
location. Because the dates specified in the current rule for filing
such renewal applications are now in the past, we propose to amend the
rule to update the license expiration dates for the next renewal cycle.
We seek comment on that proposal. In addition, we propose to remove as
obsolete language from Sec. 73.1020(b) that refers to the cutoff date
for the filing of applications mutually exclusive with renewal
applications that are filed on or before May 1, 1995 and no such
applications are on file. See 47 CFR 73.1020(b) (Station license
period). See also Reading Broadcasting, Inc., for Renewal of License of
Station WTVE(TV), Channel 51 Reading, Pennsylvania and Adams
Communications Corporation, for Construction Permit for a New
Television Station to Operate on Channel 51, Reading, Pennsylvania, MM
Docket No. 99-153, 17 FCC Rcd 14001, para. 1 (2002) (In this decision,
the Commission explained that it was ``dispos[ing] of the last
remaining ``comparative renewal'' proceeding, in which an incumbent
licensee faces a comparative challenge from a construction permit
applicant for the same facilities. Congress, by Act of February 8,
1996, Public Law 104-104, 110 Stat. 56, codified as 47 CFR 309(k)(4),
prohibited the comparative consideration of renewal applicants filed
after May 1, 1995.''). We seek comment on this proposal.
Similarly, we propose to remove as obsolete due to the passage of
time Sec. 73.3598(b)(3), which provides that the
[[Page 8644]]
period of construction for an original construction permit will toll
for certain reasons of international coordination during the DTV
transition, which is now complete. We propose to delete language in
proposed Sec. 73.682(d)(1) that specifies that digital standards
incorporated by reference into the Commission rules became effective
October 11, 2011, as the specific start date is now obsolete. See
proposed Sec. 73.682(d)(1) (TV transmission standards). We also delete
references to DTV and digital. We also propose to remove as obsolete
the portion of Sec. 73.3572(a)(3) that provided a window that expired
October 1, 2000 for certain proposed minor change applications. We also
propose to delete provisions that reference the comparative hearing
process, which no longer exists. See 47 CFR 73.1620 (Program tests)
(g)(1)-(3) (Reports required); 73.3519(a) (Repetitious applications)
(the last sentence of paragraph (a) that applicants whose applications
have been denied in a comparative hearing may apply immediately for
another available facility); and Sec. 73.4082 (Comparative broadcast
hearings--specialized programming formats). We also propose to delete
Sec. 73.3523, the first sentence of Sec. 73.3516(e), and the second
sentence of Sec. 73.3516(e)(1), which deal with obsolete procedures
regarding mutually exclusive proceedings for renewal applications filed
prior to May 1, 1995. We also propose to delete the first clause of 47
CFR 73.3525(a) (Agreements for removing application conflicts), which
cross-references Sec. 73.3523. In addition, we propose to delete the
second sentence of Sec. 73.3533(b), which discusses an obsolete
procedure for filing construction permit extension applications.
Specifically, that rule refers to Sec. 73.3534, which specified three
factors that could justify an extension of a construction permits. See
47 CFR 73.3534. See also Application of Mansfield Christian School, 10
FCC Rcd 12589, 12590, para. 5 (1995). That section, however, was
deleted in 2004. See 69 FR 72043 (Dec. 10, 2004). We seek comment on
these proposals.
We propose to delete obsolete language in Sec. 73.664(c)(3)(iii)
concerning the certification of equipment. The FCC no longer ``type
accepts'' equipment, having overhauled the process to allow private
parties to verify such equipment meets FCC requirements, and the
results of such verifications do not need to be submitted to the FCC.
See 47 CFR 73.664(c)(3)(iii) (Determining operating power). Currently,
there are two procedures used for RF device equipment authorization:
SDoC and Certification. See 47 CFR 2.906 (Supplier's Declaration of
Conformity) and 2.907 (Certification); see also Office of Engineering &
Technology (OET), Equipment Authorization, https://www.fcc.gov/engineering-technology/laboratory-division/general/equipment-authorization (last visited Aug. 9, 2022). On July 14, 2017, the
Commission amended its radiofrequency equipment authorization rules.
Amendment of Parts 0, 1, 2, 15, and 18 of the Commission's Rules
Regarding Authorization of Radiofrequency Equipment, ET Docket No. 15-
170, First Report and Order, 32 FCC Rcd 8746 (2017) (SDoC Order). The
adopted rules phased out the Verification and Declaration of Conformity
equipment authorization procedures and replaced them with a new
equipment authorization procedure, the SDoC. Federal Communications
Commission, Authorization of Radiofrequency Equipment, 82 FR 50820
(Nov. 2, 2017). A device authorized under previously accepted
procedures remains authorized and may be marketed or used if it
continues to meet the requirements attendant to that authorization. We
also propose to modify text throughout Sec. 73.664 in order to remove
references to analog operations such as references to the visual
transmitter and to peak power. We propose to retain the remainder of
this section that continues to provide important information for
measuring transmitter operating power even in the post-transition
context. We similarly propose to retain Sec. 73.688 while removing
similar references to the visual transmitter. We seek comment on these
proposals.
We propose to delete Sec. Sec. 27.60 (TV/DTV interference
protection criteria) and 27.1310 (Protection of Broadcast Television
Service in the 600 MHz band from wireless operations), which concern
the protection of TV stations on certain channels by wireless services.
All of these protections are for channels above channel 37, and thus
are no longer relevant because the completion of the digital TV
transition and the incentive auction and repacking process reassigned
channels in that range for wireless use. We seek comment on this
proposal.
Reorganization of Subpart E--Television Broadcast Stations
Full power television began to transition to digital with the
passage of the Telecommunications Act of 1996, and ended on June 12,
2009, when full power television stations commenced digital-only
operations. See Advanced Television Systems and Their Impact upon the
Existing Television Broadcast Service, MM Docket No. 87-268, 12 FCC Rcd
12809 (1997) (Implementing television broadcast portions of the
Telecommunications Act of 1996) (subsequent citations omitted); see
Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56
(1996)). During the transition, the Commission was required to adopt a
number of rules dealing with, inter alia, special relaxed digital to
digital interference standards necessary to take into account that most
stations were operating both an analog and digital channel during the
transition, digital construction deadlines, minimum digital operating
schedules, analog to digital and digital to analog interference rules,
and digital to digital interference rules post-transition. For an
overview of the numerous rulemaking proceedings, see Review of the
Commission's Rules and Policies Affecting the Conversion to Digital
Television, MB Docket No. 00-39, Report and Order and Further Notice of
Proposed Rulemaking, 16 FCC Rcd 5946 (2001) (subsequent citations
omitted); Second Periodic Review, 19 FCC Rcd 18279 (2004); Third
Periodic Review of the Commission's Rules and Policies Affecting the
Conversion to Digital Television, MB Docket No. 07-91, Report and
Order, 23 FCC Rcd 2994 (2007) (subsequent citations omitted). Many of
these rules were temporary and meant to be effective only during the
DTV transition. For example, Sec. 73.623(c)(2) (Minimum technical
criteria for modification of DTV allotments included in the initial DTV
Table of Allotments and for applications filed pursuant to this
section) allowed petitioners and applicants to specify facilities that
would result in an increase of up to an additional 2 percent of the
population served by another station, provided that the station would
not receive more than 10 percent interference in the aggregate. Post-
transition, however, the level of permissible interference dropped to
0.5%, the rounding tolerance for zero. See 47 CFR 73.616(d). Others,
however, had more long term application to digital operations. Because
the more long term rules were adopted at the same time as temporary
rules, the long term rules are currently not organized in a straight
forward or user-friendly manner. For example, Sec. 73.623(d) (Minimum
geographic spacing requirements for new TV allotments) is in the rule
section dealing with TV applications and changes to TV allotments. This
paragraph, however, deals with new allotments, and might
[[Page 8645]]
more logically belong in Sec. 73.622 (Table of TV Allotments). In
addition, there are instances where the rules are duplicative. For
example, 47 CFR 73.616(d) and (e) (Post-transition DTV station
interference protection) and 73.623(c)(2)-(5) (DTV applications and
changes to DTV allotments) both require the use of OET Bulletin No. 69.
Some of the specific parameters in Sec. 73.623(c) are outdated (such
as those that refer to the 2 percent and 10 percent aggregate pre-
transition interference standard), but most of the remaining rule text
is directly duplicative of Sec. 73.616(d) and (e) (for example, both
discuss how to determine DTV to DTV interference using OET Bulletin 69,
that the minimum adjacent channel technical criteria does not apply to
channels 4 and 5, 6 and 7, and 13 and 14, because of unique spacing
between these channel, and how to determine interference to Class A
television stations). Thus, as stated above, we propose deleting
paragraphs 73.623(c)(2)-(5). In addition, there are cases where an
analog rule and a digital rule are both found in the rules with similar
text, such as Sec. Sec. 73.625 (DTV coverage of principal community
and antenna system) and 73.685 (Transmitter location and antenna
system).
To make the organization of the rules more practical and the rules
easier to find, we propose to reorganize subpart E, while also offering
some minor clarifications and amendments to some of the rules. First,
we propose to create a new Sec. 73.611 (Emission levels and mask
filters) which would relocate, verbatim, the language from Sec.
73.622(h)(1) and (2), which is currently part of the Table of TV
Allotments section. These rules involve the permissible level of
emissions outside the authorized channel of operation and how
attenuation of emission levels is to be measured at the output
terminals of the transmitter, including any filters that may be
employed. See Advanced Television Systems and Their Impact upon the
Existing Television Broadcast Service, MM Docket No. 87-268, Sixth
Report and Order, 12 FCC Rcd 14588, 14676-77, para. 195 (1997). We
believe this change will improve the organization of the rules because
this technical rule has little direct relationship to the Table of TV
Allotments. We seek comment on moving this language to a separate
stand-alone rule for easier reference.
We propose to remove the analog power limits from Sec. 73.614(b)
(Power and antenna height requirements) and replace them with the
digital power limits currently found in Sec. 73.622(f)(5)-(8) (Table
of TV allotments), and we propose to clarify that all applications for
new full power television stations, applications for changes in
authorized full power television stations, and petitions for changes to
the Table of TV Allotments must comply with these requirements. 47 CFR
73.614(b) (Power and antenna height requirements). This would make
Sec. 73.622(f)(4) redundant, as Sec. 73.622(f)(8) also contains a
1000 kW limit for UHF stations, and we thus propose to delete Sec.
73.622(f)(4). The portions of the rule in Sec. 73.622(f)(5)-(8) focus
on power and antenna height requirements. Sections 73.622(f)(6)-(8) set
forth the digital power limits and (f)(5) sets forth an exception which
is commonly referred to as the ``largest station in the market rule.''
While these power and antenna height requirements are sometimes
referred to in Table of Allotment proceedings, they are also frequently
considered in processing applications, and so we believe including
these provisions in a separate paragraph will make them easier to
reference regardless of whether an allotment or an application is being
considered. We also propose to clarify in the newly placed Sec.
73.614(b)(6), that the largest station in the market provision only
allows a station to exceed the maximum height for a given channel and
zone, and not the maximum power for that channel and zone. This
addition to the rule is consistent with a clarification adopted by the
Commission in 2001. See Review of the Commission's Rules and Policies
Affecting the Conversion to Digital Television, MM Docket No. 00-39,
Report and Order and Further Notice of Proposed Rulemaking, 16 FCC Rcd
5946 (2001) (subsequent history omitted). Specifically, the Commission
clarified that under Sec. 73.622(f)(5), ``the maximum ERP limits . . .
may not be exceeded.'' Id. at 5974, para. 74. Instead, ``[t]he `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.'' Id. We also propose to delete Sec.
73.614(b)(7) (Power and antenna height requirements) as duplicative of
Sec. 73.625(c)(1) (DTV coverage of principal community and antenna
system). See 47 CFR 73.614(b)(7) and 73.625(c)(1). We further propose
to retain for digital operations a requirement that existed for analog
operations that applications will not be accepted for filing if they
specify less than a minimum effective radiated power of 100 watts
because the Media Bureau staff already applies this minimum level in
routine processing and we do not believe it is in the public interest
for full power television stations to operate with what is essentially
a low power facility. See 47 CFR 73.614(a) (Minimum power). Finally, we
propose that for stations requesting DTS operation pursuant to Sec.
73.626 (DTV distributed transmission systems) that this requirement
apply to at least one site in the DTS. We seek comment on these
proposals.
We also propose to collect provisions on related matters that are
currently spread over various rules and group them together. First, we
propose to create a new Sec. 73.617 (Interference protection of other
services) which collects provisions from Sec. Sec. 73.623(e)
(Protection of land mobile operations on channels 14-20), 73.687(e)(3)-
(4) (this section requires stations operating on channel 14 to take
special precautions to avoid adjacent LMRS facilities and sets forth
various steps stations should take to identify and resolve potential
interference. See also Resolution of Interference Between UHF Channels
14 and 69 and Adjacent-Channel Land Mobile Operations, MM Docket No.
87-465, Report and Order, 6 FCC Rcd 5148 (1991)) 73.623(f) (``Parties
requesting new allotments on channel 6 be added to DTV Table must
submit an engineering study demonstrating that no interference would be
caused to existing FM radio stations on FM channels 200-220''), and
73.685(d) (we also propose to change ``blanket area'' to
``blanketing,'' which reflects the updated term now used by
stakeholders.). We propose to amend the rule to add a note to reference
and explain the existence of a granted waiver with respect to the
community of Los Angeles, California allowing the County of Los Angeles
to use channel 15 in Los Angeles for public safety communications, and
propose to update the city center coordinates supra. Most of these
rules are used for both licensing and allotments and we believe they
will be easier to identify and use if gathered into one section rather
than scattered among various rules. We seek comment on this proposed
restructuring. We also propose to include a new paragraph 73.617(e) to
codify a long standing Commission practice to place a condition on all
television broadcast station authorizations that result in a change in
coverage area, and all authorizations for new stations, which requires
TV broadcasters to identify and notify hospital and other health care
[[Page 8646]]
facilities within the station's coverage area to avoid interference to
medical telemetry devices. Such devices are authorized under 47 CFR
15.242 (Operation in the bands 174-216 MHz and 470-668 MHz) and 47 CFR
part 95 subpart H. This condition is consistent with a current practice
agreed to between the Commission and the Food and Drug Administration
in 1998 and we believe codifying this practice in our rules will ensure
that all licensees are aware of this requirement to avoid interference
to medical telemetry devices. See Joint Statement of the Federal
Communications Commission and the Food and Drug Administration
Regarding Avoidance of Interference Between Digital Television and
Medical Telemetry Devices, https://transition.fcc.gov/Bureaus/Engineering_Technology/News_Releases/1998/nret8003.html (Mar. 25,
1998). We seek comment on this proposal.
We propose to create a new Sec. 73.618 (Antenna location and
principal community coverage), which would relocate, verbatim, the
language from 73.625(a) (DTV coverage of principal community and
antenna system). We also propose to centralize multiple existing rules
into one rule that would include instructions on how to determine the
protected facilities of a television allotment (47 CFR 73.616(c) (Post-
transition DTV station interference protection), as amended), the
noise-limited contour level of a television station (47 CFR 73.622(e)
(Digital television table of allotments), as amended supra), how the
noise-limited contour is determined (47 CFR 73.625(b) (DTV coverage of
principal community and antenna system), as amended infra), and the
purposes for which field strength contours are used (47 CFR 73.683(c)
(Field strength contours and presumptive determination of field
strength at individual locations)). We therefore propose to include
these existing requirements in a new Sec. 73.619 (Contour and service
areas), and update the section heading of Sec. 73.683 to ``Presumptive
determination of field strength at individual locations,'' in order to
remove reference to portions of the rule that are relocated to the new
Sec. 73.619. Similarly, we propose to create a new Sec. 73.620
(Interference calculation and protection of TV broadcast services) that
will include the requirements currently spread throughout multiple
rules in Sec. 73.623(c) (describes the minimum technical criteria for
modification of DTV allotments included in the initial DTV Table of
Allotments and for applications filed pursuant to this section, as
amended supra) and Sec. Sec. 73.616(d) and (e) (merged into a new
Sec. 73.620(a)-(d)). See 47 CFR 73.616 (Post-transition DTV station
interference protection) as amended supra. Additionally, we propose to
move the rule from Sec. 73.616(g) to a new Sec. 73.620(f). See 47 CFR
73.616(g) (relating to interference protection of ATSC 3.0 stations).
We believe that this revised organization of these requirements will
make the rules easier to identify and use, and eliminate duplicate
versions of some of these rules. We seek comment on these proposals.
We propose to modify Sec. Sec. 73.622 (Television table of
allotments) and 73.623 (TV application processing) to separate out
rules specific to the Table of TV Allotments and application processing
procedures into separate sections. In Sec. 73.622(a), we propose to
modify the language to clarify the rule sections specific to petitions
to modify the Table of TV Allotments. Due to this change, Sec.
73.616(a) (TV station interference protection) becomes largely
duplicative of this proposed Sec. 73.622(a) and we thus propose to
delete Sec. 73.616(a). We also propose to remove (a)(1) and (a)(2) as
redundant with the content of Sec. 73.603 (Numerical designation of
television channels). We propose to redesignate the language in Sec.
73.622(d)(2) as Sec. 73.622(d), clarify the rule text to indicate this
paragraph applies to all allotments, and clarify that the ``reference
coordinates'' for each allotment are those of the authorized facility,
or for new allotments, the coordinates given in the order amending the
Table of TV Allotments. Section 73.616(b) is duplicative of this
proposed Sec. 73.622(d) and we thus propose to delete Sec. 73.616(b).
We also propose editorial changes for clarity in Sec. 73.622(d).
Finally, we propose to relocate the text from Sec. 73.623(d), relating
to the minimum distance separations for new TV allotments, to a new
Sec. 73.622(k). In Sec. 73.623(a), we propose to modify the language
to clarify the rule sections specific to application processing and
remove discussion of modifications to the Table of TV Allotments. We
propose to relocate the text from Sec. 73.622(c), regarding the
availability of channels for application, into Sec. 73.623(b).
Finally, we propose to update cross-references found in Sec. 73.623(h)
and update the section heading to ``TV application processing
priorities'' in order to clarify its purpose. We seek comment on these
proposals.
We propose to reorganize Sec. 73.624(b) (Television broadcast
stations) for clarity by splitting some of the text in subpart (b) into
a new subpart (b)(1) (requiring stations broadcasting in ATSC 1.0 to
transmit an over the air signal at no direct charge to viewers). We
note that nothing in this proposal alters the application of this rule
to ATSC 3.0. We propose to relocate Sec. 73.685(h) (Transmitter
location and antenna system), pertaining to AM stations, to become new
Sec. 73.625(c)(4)(iii) (TV coverage of principal community and antenna
system). We also propose to relocate Sec. 73.682(a)(14) (TV
transmission standards), regarding the use of elliptically- and
circularly-polarized antennas, to become a new Sec. 73.625(d) (TV
coverage of principal community and antenna system). While the rest of
Sec. 73.682(a) related specifically to analog station operations, we
believe this specific subpart of (a)(14) applies to all stations and
note that its content is consistent with the functions in LMS
applicable to applications. Thus, we tentatively conclude it should be
relocated to make it easier to identify by users of our rules. We seek
comment on these proposals.
While the current rule structure has become disjointed over the
years, and is only exacerbated by the deletion of obsolete portions of
the rules, we understand that the structure is also familiar to many
users and we recognize that many licensees, counsel, and other users of
our rules may have concerns about a reorganization to our rules that
have been in the same location or under the same section number for
many years. We propose to mitigate that concern by updating cross-
references to the rules reorganized as described herein, and in Table
1: Cross-references below, as well as providing cross-references to the
new location of a rule that has been relocated in the location it was
previously found. The Commission has previously added cross references
to its rule sections within its rules. See, e.g., October 2021 Order at
para. 12 (``We also amend Sec. 73.606 of our rules by . . . adding a
cross-reference to ``Sec. 73.622(j)'', which sets forth the updated
Table of Allotments adopted in this Order.''). We believe that
providing these cross-references would make it easier for users to
become accustomed to the new structure. We seek comment on this
proposal.
Table 1--Cross-References
------------------------------------------------------------------------
Instead of referencing . . . Reference . . .
------------------------------------------------------------------------
Sec. 73.614(b)(7).................... Sec. 73.625(c)(1).
Sec. 73.616(a)....................... Sec. 73.622(a).
Sec. 73.616(b)....................... Sec. 73.622(d).
Sec. 73.616(c)....................... Sec. 73.619(d).
[[Page 8647]]
Sec. 73.616(e)....................... Sec. 73.620(d).
Sec. 73.616(g)....................... Sec. 73.620(f).
Sec. 73.622(b)....................... Sec. 73.622(j).
Sec. 73.622(c)....................... Sec. 73.623(b).
Sec. 73.622(e)....................... Sec. 73.619(c).
Sec. 73.622(f)(5).................... Sec. 73.614(b)(6).
Sec. 73.622(f)(6).................... Sec. 73.614(b)(1).
Sec. 73.622(f)(7).................... Sec. 73.614(b)(2).
Sec. 73.622(f)(8).................... Sec. 73.614(b)(3).
Sec. 73.622(h)....................... Sec. 73.611.
Sec. 73.622(i)....................... Sec. 73.622(j).
Sec. 73.623(c)(1).................... Sec. 73.618(a).
Sec. 73.623(c)(2).................... Sec. 73.620.
Sec. 73.623(c)(3).................... Sec. 73.620(b).
Sec. 73.623(c)(4).................... Sec. 73.620(a).
Sec. 73.623(c)(5).................... Sec. 73.620(d).
Sec. 73.623(d)....................... Sec. 73.622(k).
Sec. 73.623(e)....................... Sec. 73.617(a).
Sec. 73.623(f)....................... Sec. 73.617(c).
Sec. 73.623(g)....................... Sec. 73.620(e).
Sec. 73.625(a)....................... Sec. 73.618.
Sec. 73.625(b)....................... Sec. 73.619(b).
Sec. 73.683(c)....................... Sec. 73.619(a).
Sec. 73.685(b)....................... Sec. 73.618.
Sec. 73.685(d)....................... Sec. 73.617(d).
Sec. 73.685(f)....................... Sec. 73.625(c).
Sec. 73.687(e)....................... Sec. 73.617(b).
------------------------------------------------------------------------
Protection of Land Mobile Radio Service
Section 73.623(e) of the rules requires full power and Class A
television stations to protect certain channels for use by LMRS in
thirteen U.S. cities. 47 CFR 73.623(e) (Protection of land mobile
operations on channels 14-20). In the proposed reorganization, this
would be moved to new Sec. 73.617(a). For television stations that use
or would use channels 14 through 20, the rule specifies a distance of
250 kilometers from the city center of a co-channel land mobile
operation, or 176 kilometers from the city center of an adjacent
channel land mobile operation. The set of coordinates for the city
centers were calculated based on the 1927 North American Datum (``NAD
27''). As a result of improvements in technology and measuring
capabilities, NAD 27 has been superseded by the 1983 North American
Datum (``NAD 83''). The Commission's Office of Engineering and
Technology and Office of the Managing Director have previously
explained that ``[g]eodetic datum is a set of constants specifying the
coordinate system used for calculating the coordinates of points on the
Earth. NAD 83 was developed based on satellite and remote-sensing
measurement techniques, and provides greater accuracy than the older
NAD 27.'' Amendment of Parts 1, 2, 25, 73, 74, 90, and 97 of the
Commission's Rules to Make Non-Substantive Editorial Revisions to the
Table of Frequency Allocations and to Various Service Rules, Memorandum
Opinion and Order, 23 FCC Rcd 3775, 3796, para. 61, n.101 (OET/OMD
2008). Because it provides greater accuracy and the older NAD 27 is
outdated, we propose to amend the rule to use NAD 83 for purposes of
specifying these coordinates. Id. We further tentatively conclude that
updating the coordinates in the rule to NAD 83 would serve the public
interest by conforming the values with the coordinate system used in
the Commission's LMS database and with those found in Sec. 90.303(b)
of the rules, which define the service that Sec. 73.623(e) protects.
Section 90.303(b) (Availability of frequencies) defines the specific
center points used to permit land mobile operations, which represent
the specific locations that Sec. 73.623(e) is designed to protect. See
47 CFR 90.303(a) (stating that ``coordinates are referenced to the
North American Datum 1983 (NAD83)'') and (b). As such, our proposal to
conform the values in these rules would help to ensure that land mobile
operations are more appropriately considered and protected from full
power and Class A operations. We made a similar proposal in the Part 74
NPRM at para. 12. We seek comment on this proposal.
We also propose to amend Sec. 73.1620(a)(1) (Program tests) to
remind full power and Class A television stations on channel 14 of the
requirement found in Sec. 73.687(e)(4)(iii) that they request Program
Test Authority (``PTA'') prior to commencing operation of new or
modified facilities. We further propose to move 47 CFR 73.687(e)(3)-(4)
to 73.617(b). We also propose to include a new sentence codifying the
practice of requiring LPTV and translator stations on channel 14 to
request PTA prior to beginning operation of new or modified facilities.
We believe that adding rule text reflecting this practice consistently
across all television services will better reflect the purpose of the
requirement to protect existing land mobile operations. We seek comment
on these proposed changes.
Coverage Area--Determining Coverage
Section 73.625(b) of the Commission's rules describes how coverage
and height above average terrain (HAAT) are to be calculated or
determined. 47 CFR 73.625(b) (DTV coverage of principal community and
antenna system--Determining coverage). In the proposed reorganization,
this would be moved to Sec. 73.619(b) (Contours and service areas--
Determining coverage). This rule is largely derived from what was
formerly Sec. 73.684(d) and (f) adopted by the Commission in December
1963. See 28 FR 13572, 13678-79 (rel. Dec. 14, 1963) (Sec. 73.684
(1963)). We propose changes to certain procedures contained in Sec.
73.625(b) which we believe are obsolete, unnecessary, and are otherwise
superseded by the software based tools that the FCC and industry use to
prepare and process applications.
We propose to remove the second sentence of paragraph (b)(2), which
indicates that when the relative field strength at a depression angle
is 90% or greater, the 100% value should be used. This would create a
discontinuity in the contour, and is inconsistent with how software-
based tools used to process and prepare applications function. We seek
comment on this proposal.
We propose to eliminate the requirement to produce and submit
profile graphs and to streamline the section in order to bring it into
line with modern software-based tools used to determine contours and
HAAT today. Specifically, the fifth and sixth sentences in paragraph
(b)(4) of Sec. 73.625 discuss the creation and submission of a radial
in the direction of the community of license. See Sec. 73.684(d)
(1963) (Sec. 73.625(b)(4) was largely adapted from Sec. 73.684(d),
and Sec. 73.684(d) itself had been condensed since the 1963 version of
the rule. The 1963 version more clearly details the purpose and
execution of the rule than the current text.). The rule does not
require the use of a radial in the direction of the community of
license in any other calculations, so with the elimination of the
requirement to produce and submit profile graphs of radials, a rule
that requires the calculation of this radial becomes unnecessary.
Moreover, the software-based tools the Commission and industry use to
process and prepare applications do not produce this radial. As such,
we propose to delete the language. Paragraph (b)(4) also contains
similar detail in the seventh and eighth sentences explaining how and
when to produce and submit a profile graph for radials over water or
foreign territory. Id. Again, with the elimination of the requirement
to produce and submit profile graphs of radials, we believe this
calculation for radials over water or foreign territory is unnecessary.
The rule itself does not require the radials to be used in any other
calculations and automated software used by the Commission and industry
does not do this. As such, we propose to delete this language. We also
propose to delete the companion language in Sec. 73.681 in the
definition of ``antenna height above average terrain.'' We seek comment
on these proposals.
[[Page 8648]]
Next, paragraph (b)(4) describes how to plot the radials on a graph
and provides a range of options for the number of points of elevation
to use in each radial. We propose to conform the requirement to
reference the TVStudy software currently used for preparing and
processing applications, and specify the use of 10 points per kilometer
in all circumstances consistent with present practice found in the
TVStudy software used by the Commission and licensees to process and
prepare applications. See Federal Communications Commission, Office of
Engineering and Technology, TVStudy Interference Analysis Software,
https://www.fcc.gov/oet/tvstudy (the ``FCC Contours'' screen in the
``Parameters'' tab of TVStudy provides a default value of 10 points per
kilometer using the default Interference Check template). We seek
comment on this proposal.
We propose additional deletions in the rule that we believe are
also unnecessary. There are several sentences in paragraph (b)(4) which
describe how such graphs should be formatted for submission to the FCC.
For example, the rule specifies that the graphs may be plotted on
``rectangular coordinate paper'' or on ``special paper which shows the
curvature of the earth.'' See also Sec. 73.684(d) (1963). Because we
propose to eliminate the requirement to submit profile graphs, we also
propose to delete the formatting requirements. The rule also provides
multiple options on how to obtain elevation points. The software
currently used by the Commission and industry, however, simply averages
the points as provided in the first option. We propose to delete that
text on options to obtain elevation points and clarify the use of the
average of points elsewhere in the paragraph. Finally, we propose to
add a sentence clarifying that actual calculated values are used to
determine the HAAT, and to eliminate the final two sentences of
paragraph (b)(4) which are no longer used with the conversion from
analog to digital. Specifically, this language is no longer necessary
due to the change from the requirements of providing a city grade
strength signal of 74-80 dBu, depending on channel, to a principal
community strength signal of 35-48 dBu depending on channel. The last
two sentences of Sec. 73.625(b)(4) are derived from the last two
sentences of Sec. 73.684(f) (1963), which addressed a situation where
the adopted predictive coverage methodology would result in a negative
HAAT or an HAAT below 100 feet at a number of radials at two and 10
mile intervals. In that case, an applicant could make a supplemental
showing. As an example, when a supplemental showing could be made, the
rule explained that ``a mountain ridge may indicate the practical limit
of service although the prediction method may indicate otherwise. In
such cases the prediction method should be followed but a supplemental
showing may be made concerning the contour distances as determined by
other means.'' To give an example why the last two sentences of Sec.
73.625(b)(4) are obsolete, the standard contour prediction method would
show that the television stations in Juneau, Alaska, had a negative
HAAT due to surrounding terrain even though the stations' transmission
facilities are located in Juneau, which is surrounded by mountains.
With the conversion from analog to digital, the use of the city grade
contour to determine community coverage was replaced with the use of
the minimum service level contour, which tends to be significantly
larger, making the issue of an inability to reach the community of
license that this rule was designed to capture significantly less
likely. We see comment on these proposals.
Section 73.625(b)(5) specifies a number of paper maps which should
be used to prepare the profile graphs described in paragraph (b)(4),
and to determine the location and height above sea level of the antenna
height. See 47 CFR 73.625(b)(5). This rule is largely derived from
Sec. 73.684(g) (1963). We believe that multiple references to various
sources of paper maps contained in the rule are outdated methods to
make these types of calculations. We therefore propose to remove those
references to outmoded paper maps and replace them with a reference to
the National Elevation Dataset and other similar bald earth terrain
datasets which are used by modern automated software currently used by
the Commission and industry. In a new paragraph (b)(6), we propose to
clarify that we generally expect these calculations to be done via
computer, versus the preference for paper calculations that was
specified previously, and then indicate that to the extent a submission
to the Commission uses sources different from those officially
reflected in our rules, those sources should be clearly identified in
the submission. For example, community coverage is demonstrated by
providing a map, which applicants sometimes produce using software like
V-Soft Probe. Applicants should clearly identify the software being
used to produce their engineering showings. We seek comment on these
proposals.
Antenna Patterns
We propose to clarify, in Sec. 73.625(c)(3)(ii) of the rules, that
the horizontal power is to be higher than or equal to the vertical
power in all directions, and require documentation that the antenna
meets this requirement. This proposed requirement is consistent with
stations being primarily horizontal, with a possible vertical component
less than or equal to the horizontal component. Most stations already
submit this documentation in their applications. This clarification is
consistent with the requirements contained in Sec. 73.682(a)(14). See
47 CFR 73.682(a)(14) (TV transmission standards) (``It shall be
standard to employ horizontal polarization.''). See also 47 CFR
73.316(a) (FM antenna systems). We also propose to update the rule to
reflect that the LMS filing system permits an alternate method of
specifying mechanically beam tilted facilities. The proposed rule
indicates the alternate method is preferable because it provides a
three-dimensional representation of the antenna, allowing for more
accurate predictions with OET Bulletin No. 69. But we continue to allow
the previous method in order to avoid imposing any additional burden on
stations that were previously authorized using the previous mechanical
beam tilt method. We seek comment on these proposals.
Section 73.625(c)(3)(v) currently requires that horizontal plane
patterns be plotted ``to the largest scale possible on unglazed letter-
size polar coordinate paper.'' This requirement is outdated and not
consistent with current licensee and Commission staff practices. We
propose to instead require licensees to submit patterns in the form of
a .pdf attachment to an application filed in LMS, and propose to
clarify that similar plots are required for elevation or matrix
patterns submitted in the LMS form. See proposed Sec. Sec.
73.625(c)(3)(vi) and 73.625(c)(3)(vii). This approach would provide
flexibility to applicants and conform to modern practices. We seek
comment on this proposal.
Subscription TV (STV) Rules
Sections 73.641 through 73.644, 73.4247, 73.6026, and 74.732(e)
contain the rules that allowed analog full power, Class A, and low
power television stations to offer a subscription television service
``for a fee or charge.'' See 47 CFR 73.641(b). See generally Amendment
of Part 73 of the Commission's Rules and Regulations in Regard to
Section 73.642(a)(3) and other Aspects of the Subscription Television
Service, Docket No. 21502, Fourth Report and Order, 95
[[Page 8649]]
FCC 2d 457 (1983) and other Commission Orders and Notices in Docket No.
21502 at nn.1-3. Under these rules, analog stations could offer
television services during part of the broadcast day, usually during
the evening hours, on a subscription basis by sending scrambled signals
through the air that could be decoded by a device that the subscriber
used and had installed by the STV provider at their television
receiver. Amendment of Part 73 of the Commission's Rules and
Regulations in Regard to Section 73.642(a)(3) and Other Aspects of the
Subscription Television Service, Docket No. 21502, Third Report and
Order, 90 FCC 2d 341, 344-5, para. 9 (1982).
As of May 1, 1982, there were 27 analog stations that were
operating in an STV mode in 18 different markets serving over 1,300,000
subscribers. Id. at 344, para. 8. Upon transitioning to digital in 2009
however, digital television stations are required to transmit one over-
the-air video program signal at no direct charge to viewers on their 6
MHz channel and are permitted to provide STV-type services on an
ancillary or supplementary basis to their primary digital television
service. See 47 CFR 73.624(a) and (c) (Digital television broadcast
stations); 74.790(i) (Permissible service of TV translator and LPTV
stations) (television stations are permitted to offer services of any
nature, consistent with the public interest, convenience, and
necessity, on an ancillary or supplementary basis, including
``subscription video''). With the elimination of analog service, there
are no full power television stations operating pursuant to the STV
rules and LMS does not permit the filing of applications or requests to
operate in an STV mode. Sections 73.642(b) (Subscription TV service)
and 74.732(e) (Eligibility and licensing requirements) require that
stations notify the Commission when they commence STV operations, and
that full power and Class A stations notify the Commission when they
discontinue STV operations or change their encoding equipment. The
Bureau has not received any such filings in at least the past 25 years.
Accordingly, these STV rules are obsolete and we propose to eliminate
them. See 47 CFR 73.641 (Subscription TV definitions), 73.642
(Subscription TV service), 73.643 (Subscription TV operating
requirements), 73.644 (Subscription TV transmission systems), and
73.4247 (STV: Competing applications). We seek comment on this
proposal.
If we adopt this proposal, we would also amend part 73 and part 74
rules to remove references to STV and ``subscription television
service.'' See 47 CFR 73.1201(d) (Station identification for
subscription television stations); 74.701(f) (Low power TV station);
73.682(b) (Subscription TV technical systems); 73.6026 (deleting cross-
references to 73.642-73.644) (Broadcast regulations applicable to Class
A television stations); and 74.732(e) (Eligibility and licensing
requirements). We seek comment on this proposal.
Special Criteria for Converting Vacant Commercial Channels to Reserved
Status
In 2000, the Commission adopted a needs based test for future
rulemakings allowing noncommercial educational (NCE) entities to
request that ``non-reserved channels not already in the Table of
Allotments be added and reserved for NCE use.'' See Reexamination of
the Comparative Standards for Noncommercial Educational Applicants, MM
Docket No. 95-31, Report and Order, 15 FCC Rcd 7386, 7434, para. 114
(2000); Reexamination of the Comparative Standard for Noncommercial
Educational Applicants, MM Docket No. 95-31, Second Report and Order,
18 FCC Rcd 6691 (2003). This needs-based test is reflected in Sec.
73.622(a). 47 CFR 73.622(a) states in relevant part:
Where there is only one technically available channel available
in a community, an entity that would be eligible to operate a
noncommercial educational broadcast station may, prior to
application, initiate a rulemaking proceeding requesting that an
unoccupied or new channel in the community be changed or added as
reserved only for noncommercial educational broadcasting upon
demonstrating that the noncommercial educational proponent would
provide a first or second noncommercial educational TV service to
2,000 or more people who constitute 10% of the population within the
proposed allocation's noise limited contour.
Since the Commission adopted this needs based test in 2000, the
Media Bureau has never been asked to apply it to television stations.
Further, the television band has been reallocated and repacked from
channels 2-69 to channels 2-36, significantly decreasing the number of
available channels. We therefore propose to amend Sec. 73.622(a) to
remove this language as we do not believe it serves a practical purpose
in the current environment. We do not intend, however, to eliminate the
ability of an NCE entity to reserve one of the few vacant television
channels currently in the Table of TV Allotments. We note that there
remain nine channels in the Table of TV Allotments that are allotted
but not currently licensed. These channels were recently offered in
Auction 112 but none of the channels received any bid offers and they
were returned to the Commission. See Auction of Construction Permits
For Full Power Television Stations Closes, Public Notice, DA 22-659
(rel. June 23, 2022). We note that an NCE entity may still file a
rulemaking petition to request that the Commission reserve the channel
for noncommercial educational use, without being required to rely on
the special process enumerated in Sec. 73.622(a). We seek comment on
this proposal.
Other Technical and Miscellaneous Updates
Special Service Authorization. Section 73.3543 (Application for
renewal or modification of special service authorization) provides that
no new special service authorizations may be issued after 1958,
however, renewals or modifications will be considered in certain
circumstances. The Media Bureau is unaware of any such authorizations
today, and thus we tentatively conclude the rule is obsolete and can be
deleted. We therefore propose to delete the rule and seek comment on
this proposal.
Broadcast Data Bases. Section 0.434 (Data bases and lists of
authorized broadcast stations and pending broadcast applications)
refers to Broadcast Application Processing System (BAPS), which is a
legacy database system that has not been in use at the Commission for
many years. The Media Bureau currently uses LMS for application
processing, which replaced the prior Consolidated Database System
(CDBS) system over the past few years (except with respect to certain
AM operations), which itself replaced BAPS around the year 2000. Thus,
the reference to BAPS is obsolete and we propose to delete it and seek
comment on this proposal. We additionally propose to remove the word
``periodically'' since an updated LMS download is provided daily,
remove the link to ``ftp.fcc.gov'' since LMS data is not provided
there, and update the reference to ``mass media services'' to instead
specify ``Media Bureau.'' We also propose to delete the sentences
stating that paper copies of lists of stations and applications are
available for inspection at the Commission or on microfiche at the
Commission's Reference Information Center. We further propose to delete
the sentence that lists can be purchased from the FCC's duplicating
contractor since the Commission has not contracted with a commercial
duplicating firm pursuant to Sec. 0.465(a) of the rules for a number
[[Page 8650]]
of years. We seek comment on these proposals.
Distributed Transmission System Rule Clarification. In January
2021, the Commission adopted updated rules in Sec. 73.626 relating to
Distributed Transmission Systems. See Rules Governing the Use of
Distributed Transmission System Technologies Authorizing Permissive Use
of the ``Next Generation'' Broadcast Television Standard, MB Docket No.
20-74 and GN Docket No. 16-142, Report and Order, 36 FCC Rcd 1227
(2021) (2021 DTS Order). Since that time, questions have arisen about
how the rules are to be applied. For example, the rule text makes
several references to the term ``reference facility'' without defining
that term, and appears to inaccurately conflate the reference point
with the coordinates of the facility which produces the authorized
service area. To make the intent and application of the rule less
ambiguous, we propose to modify language in Sec. 73.626(b) and (f)(2).
We propose to define the term ``authorized facility'' (the proposed
Sec. 73.626(b) states that ``For purposes of compliance with this
section, a station's `authorized service area' is defined as the area
within its predicted noise-limited service contour determined using the
facilities authorized for the station in a license or construction
permit for non-DTS, single-transmitter-location operation (its
``authorized facility'').'') and then replace all uses of the term
``reference facility'' with the term ``authorized facility'' in the
appropriate locations. See proposed Sec. 73.626(f)(2)(i)-(iii). The
proposed Sec. 73.626(b) states that ``For purposes of compliance with
this section, a station's `authorized service area' is defined as the
area within its predicted noise-limited service contour determined
using the facilities authorized for the station in a license or
construction permit for non-DTS, single-transmitter-location operation
(its ``authorized facility'').'' We further propose to replace the term
``reference point'' with ``site of its authorized facility'' in places
where the term ``reference point'' is improperly used. See proposed
Sec. 73.626(f)(2)(ii)-(iii). Finally, we propose to clarify when
specifically the Table of Distances values should be applied. See
proposed Sec. 73.626(f)(2)(i)-(ii).We believe this clarifying language
will better reflect the method described in the 2021 DTS Order and used
in processing such applications. We also propose to remove language
from Sec. 73.626(f)(2) which is improperly specific to the station's
authorized service area. As written, the language incorrectly implies
that the Table of Distances circle is not applicable here. We seek
comment on these proposals.
Transport Stream ID. All full-power and Class A TV stations are
assigned a unique transport stream ID (TSID), which is required to be
transmitted in order to provide the Program and System Information
Protocol (PSIP) data required by Sec. 73.682(d) (Broadcast television
transmission standard). Consistent with that rule, we propose to
clarify that all such stations must broadcast with their assigned TSID
during their hours of operation. See proposed Sec. 73.1201 (Station
identification); see also proposed Sec. 74.783(d) in the Part 74 NPRM
at para. 17. In its Second Periodic Review, the Commission stated that
``broadcasters are required to transmit the TSIDs assigned for their
stations in their digital transmission.'' See Second Periodic Review,
19 FCC Rcd at 18347-48, para. 153. We believe that it is in the public
interest to move this requirement into a separate rule for ease of
reference. Similarly, we propose the same requirement with respect to a
station's bit stream ID (BSID), which has the same function as the
TSID, but in the ATSC 3.0 context, in order to promote consistency. We
seek comment on these proposals.
Class A U.S.-Mexico Border Zone. Full power television stations are
required to use full service masks to attenuate the power level of
emissions outside their authorized channel of operation in specified
amounts expressed in decibels (dB). See 47 CFR 73.622(h) (describing
required attenuated power limits of emissions of frequencies outside
the authorized channel of operation for full power television
stations). Section 74.794, which allows LPTV/TV translators to specify
use of a simple, stringent, or full service mask, also applies to Class
A television stations. See 47 CFR 73.6024(d) and 74.794(a)(2). Section
74.794(a)(2)(i)-(iii) defines the required attenuated power limits of
emissions outside the authorize channel of operation for each type of
mask. The Commission's rules require coordination of applications in
border regions with the neighboring countries' appropriate regulatory
officials. Under the Exchange of Coordination Letters with IFT
Regarding DTV Transition and Reconfiguration of 600 MHz Spectrum,
signed between the FCC and Mexico's Instituto Federal de
Telecomunicaciones (IFT) in July 2015, the use of Tables 1 and 6 were
approved for television station realignment. See Letter to Ricardo
Casta[ntilde]eda Alvarez Director General de Ingenieria y Estudios
T[eacute]cnicos, IFT, from Mindel De La Torre, Chief, International
Bureau (July 15, 2015) and Letter to Mindel De La Torre, Chief,
International Bureau, from Alejandro Navarrete Torres, IFT (July 15,
2015) (collectively, ``Exchange of Coordination Letters with IFT
Regarding DTV Transition and Reconfiguration of 600 MHz Spectrum'').
See International Agreements, available at: https://www.fcc.gov/general/international-agreements. Class A stations approved by Mexico
in Table 6 are grouped with full-service stations. There is no
allowance for use of a simple or stringent emission mask for any
operation within these Tables; however, Sec. 73.6024(d) applies to
coordination of stations in proximity of the U.S. border with Mexico.
It is the Media Bureau staff's experience that IFT routinely requests
that applications submitted for coordination of Class A stations
specify a full-service emission mask, and if such applications do not
initially specify the full-service emission mask, IFT asks for it to be
included in an amendment. This two-step process increases the
processing burdens on the FCC, IFT, and stations, and results in delays
in granting applications. Therefore, we propose to amend Sec.
73.6024(d) to require Class A stations within 275 kilometers of the US-
Mexico border to specify a full-service emission mask in any
modification application. We seek comment on this proposal.
Class A Antenna System. We propose to delete language in Sec.
73.6025(a) that we find is almost identical to that in Sec.
73.625(c)(3). 47 CFR 73.6025(a) (Antenna system and station location)
(setting forth required showing when proposing to use a directional
antenna system) and 73.625(c)(3) (DTV coverage of principal community
and antenna systems). These rule sections provide similar requirements
regarding how applicants should describe and document antenna patterns
submitted in their applications. Some sections are identical
(specifically, Sec. 73.625(c)(3)(iii) is identical to Sec.
73.6025(a)(3), Sec. 73.625(c)(3)(iv) is identical to Sec.
73.6025(a)(4), and Sec. 73.625(c)(3)(vi) is identical to Sec.
73.6025(a)(5)), but in others there are a few minor differences.
Specifically, comparing Sec. 73.625(c)(3)(i) with Sec. 73.6025(a)(1),
although two sentences found in the latter concerning descriptions of
antenna systems are not specifically contained in Sec.
73.625(c)(3)(i), we believe these sentences are explanatory and
sufficiently captured in the requirement in Sec. 73.625(c)(3)(i) that
a ``[c]omplete description of the proposed antenna
[[Page 8651]]
system'' be included. Currently, Sec. 73.625(c)(3)(ii) also differs
slightly from Sec. 73.6025(a)(2) in that it specifies a different
orientation of the included antenna plots, but is otherwise identical
and would provide the same information to the Commission. We propose to
modify Sec. 73.625(c)(3)(ii). Finally, while there is no equivalent to
Sec. 73.625(c)(3)(v) in Sec. 73.6025; that subpart merely describes
the format of the otherwise-required tabulations. We propose to modify
Sec. 73.625(c)(3)(v). We are also proposing in this NPRM to add new
Sec. Sec. 73.625(c)(3)(vii) and (viii) to account for stations
submitting elevation or matrix patterns. See id. We find that the very
minor distinctions between the language in the two sections are
insignificant and that no purpose is served by having two essentially
duplicative rules in part 73. Class A licensees are required to comply
with all part 73 regulations except for those that cannot apply for
technical or other reasons. Class A Report and Order, 15 FCC Rcd at
6365, para. 23. Section 73.625(c)(3) is clearly a rule with which they
can comply. We instead propose to also cross-reference Sec.
73.625(c)(3) in Sec. 73.6025(a), eliminating the duplication but
making clear that the requirements in Sec. 73.625(c)(3) continue to
apply to Class A television stations. We seek comment on this proposal.
Minimum Video Program Requirements. As noted above, we propose to
delete much of Sec. 73.624(b). Section 73.6026 (Broadcast regulations
applicable to Class A television stations) lists section 73.624 as a
rule applicable to Class A stations. It also includes a note stating
that ``Section 73.624(b) will apply only to the extent that such
stations must also transmit at least one over-the-air video program
signal at no direct charge to viewers of the digital Class A station.''
Such language is also included in 73.624(b) and so we propose to remove
that text in 73.6026 as duplicative. We also propose to clarify that
this change would mandate the use of a minimum 480i video resolution by
Class A stations. This requirement is consistent with full-power and
LPTV/translator stations (as proposed in the Part 74 NPRM), and we
believe it is reasonable to also apply it consistently to Class A
stations. See Part 74 NPRM at para. 25. We seek comment on this
conclusion.
Transmitting Antenna Site. Section 73.683(c)(1), which we propose
to move to new Sec. 73.619(a)(1), refers to the estimation of a
station's coverage area based on a ``particular transmitter site.'' We
note that our application forms do not request information about the
location of a station transmitter but of its antenna instead.
Therefore, we propose to modify the language in the rule to refer
instead to a ``particular transmitting antenna site.'' We believe this
proposal is consistent with language that has been used in other parts
of the rules (see e.g., 47 CFR 73.622(d)), and with a proposal made in
the Part 74 NPRM. See Part 74 NPRM at para. 24 (``Because the antenna
location, rather than the transmitter location, is the relevant
consideration in determining interference, service, and loss, as
required by the Commission's rules and policies, we propose to delete
Sec. 74.751(b)(6) entirely regarding the transmitter's location, as it
is not relevant in this analysis.''). Accordingly, we seek comment on
this proposal.
Corrections To Inadvertent Oversights From Prior Rulemakings. In
Sec. 73.616(e), which we propose to relocate to new Sec. 73.620(d)
(Interference calculation and protection of TV broadcast services), the
rule text appears to be incomplete and contradictory. Paragraph (1)
indicates the OET Bulletin No. 69 method of determining coverage and
interference shall be used, then indicates that ``[t]he threshold
levels at which interference is considered to occur are:'' but none
follow. Paragraph (2) implies the use of contour analysis to determine
protection of Class A television stations, but does so while making use
of the unspecified threshold levels from paragraph (1). Paragraph (3)
indicates that a request for a waiver of the interference protection
requirements of the rule may be made using the Longley-Rice terrain
dependent propagation methods contained in OET Bulletin No. 69, in
contradiction to paragraph (1) which specifies that OET Bulletin No. 69
shall be used. Because these elements make the requirements of the rule
difficult to decipher, we propose to remove paragraphs (1), (2), and
(3) entirely and streamline the remaining paragraph (e) as a new Sec.
73.620(d), replacing the description of the OET Bulletin No. 69 in
paragraph (1) with a cross-reference to paragraphs (a) and (b) of the
new Sec. 73.620, which specifies the same method. We seek comment on
this proposal.
In the October 2021 Order, the Commission deleted Sec. 73.623(g)
as obsolete because it addressed the digital transition. See October
2021 Order at para. 13, n.44. Deletion of the section, however,
inadvertently eliminated from the rules the allowance for negotiated
agreements on interference among applicants and licensees. We propose
to restore this allowance that was previously contained in Sec.
73.623(g), modify the language to delete language referring to stations
operating on channels allotted in Sec. 73.622(b), the initial DTV
Table, and place it in a new Sec. 73.620(e). This would clarify in our
rules that stations may continue to negotiate agreements on
interference consistent with past and present practice. We seek comment
on this proposal.
In the Part 74 Order, the Commission revised or removed certain
paragraphs of Sec. 74.787 to reflect the LPTV and translator
transition from analog to digital operations, clean up duplicate
sections that were contained in both the analog and digital portions of
part 74, and provide accurate information about current Commission
forms. See Part 74 Order at paras. 6-7, nn. 22 and 25-28. The Part 74
Order revised Sec. 74.787(a)(5)(i) regarding applications for analog-
to-digital replacement translators (DRTs) and digital-to-digital
replacement television translators (DTDRTs) to state that
``[a]pplications for new DRTs and DTDRTs are no longer accepted.'' The
Part 74 Order also removed the first sentence of paragraph (a)(5)(v).
We propose to further amend the text of the rule by clarifying in the
now first sentence of paragraph (a)(5)(v) that the pre-auction digital
service area is the noise-limited contour of the full power station
that was protected in the incentive auction repacking process and
removing reference to a 2015 public notice. See 47 CFR 74.787(a)(5)(v)
(Licensing); see also Incentive Auction Task Force Releases Revised
Baseline Data and Prices for Reverse Auction; Announces Revised Filing
Window Dates, Public Notice, DA 15-1296, 30 FCC Rcd 12559 (Nov. 12,
2015). Because we no longer allow applications for new applications for
DTDRTs, we believe the reference to the public notice data is no longer
necessary and the inclusion of the additional explanation of the pre-
auction digital service area for stations that already hold DTDRTs
provides a clearer definition. We seek comment on this proposal.
Cost-Benefit and Diversity, Equity and Inclusion Analysis
Finally, we seek comment on the benefits and costs associated with
adopting the proposals set forth in this NPRM. In addition to any
benefits to the public at large, are there also benefits to industry
through adoption of any of our proposals? We also seek comment on any
potential costs that would be imposed on licensees, regulatees, and the
public if we adopt the proposals contained in this NPRM. Comments
should be accompanied by specific data
[[Page 8652]]
and analysis supporting claimed costs and benefits.
As part of our continuing effort to advance digital equity for all,
including people of color, persons with disabilities, persons who live
in rural or Tribal areas, and others who are or have been historically
underserved, marginalized, or adversely affected by persistent poverty
or inequality, we invite comment on how the proposals set forth in this
NPRM can advance equity in the provision of broadcast services for all
people of the United States, without discrimination on the basis of
race, color, religion, national origin, sex, or disability.
Specifically, we seek comment on how our proposals may promote or
inhibit advances in diversity, equity, inclusion, and accessibility, as
well the scope of the Commission's relevant legal authority.
Initial Regulatory Flexibility Act Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), pursuant to 5 U.S.C. 605(b), the Commission has prepared this
Initial Regulatory Flexibility Act Analysis (IRFA) of the possible
significant economic impact on a substantial number of small entities
by the policies and rules proposed in this notice of proposed
rulemaking (NPRM). Written public comments are requested on this IRFA.
Comments must be identified as responses to the IRFA and must be filed
by the deadlines for comments specified in the DATES section of this
NPRM. The Commission will send a copy of this NPRM, including this
IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration (SBA). In addition, this NPRM and IRFA (or summaries
thereof) will be published in the Federal Register.
Need for, and Objectives of, the Proposed Rules
This NPRM seeks comment on a number of proposals as part of the
Commission's effort to update its rules following the transition from
analog to digital-only operations and the post-incentive auction
transition to a smaller television band with fewer channels. This NPRM
proposes to delete, update, or otherwise revise Commission rules that
no longer have any practical effect given these historic changes. This
NPRM also seeks to restructure subpart E of part 73 of the Commission's
rules (47 CFR subchapter C, part 73), which largely consists of the
technical licensing, operating, and interference rules for full power
television. Finally, this NPRM proposes additional amendments to the
full power and Class A rules, including technical updates and proposals
to delete, update, and/or amend outdated rules.
This NPRM proposes to adopt revisions to part 73 to reflect that
all television services have ceased analog operations, and the
conversion to digital television technology. Similarly, this NPRM
proposes to amend rule section headings and language in part 73 to
remove references to DTV and digital television service since all
television services have transitioned from analog to digital operations
and thus, there is no further need to differentiate between two
separate kinds of service. In addition, this NPRM proposes to delete
outdated rules that are no longer valid given changes in Commission-
adopted policy. This NPRM also proposes to update Commission rules to
reference the current designation for form numbers, require electronic
filing in LMS, and remove obsolete forms. In addition, this NPRM
proposes to make a number of other corrections and updates to the full
power television and Class A rules, including to correct inadvertent
oversights in prior rulemakings.
In addition, this NPRM seeks to add an explanatory note to Sec.
73.623 to reference and explain the existence of a granted waiver with
respect to the community of Los Angeles, California. Section 73.623 of
the rules requires television stations to protect certain channels for
use by the land mobile radio service in thirteen U.S. cities listed in
the rule. In 2008, the Commission's Public Safety and Homeland Security
Bureau granted a waiver pursuant to Sec. 337(c) of the Communications
Act, as amended, allowing the County of Los Angeles to use channel 15
in Los Angeles for public safety communications. Because this channel
is adjacent to two channels contained in Sec. 73.623, this NPRM
asserts that the public interest is served by including a Note
explaining the existence of the 2008 waiver.
To reflect the fact that the post-incentive auction closed on April
13, 2017, this NPRM proposes to amend Sec. 73.3700(a)(2) to add the
citation to the Channel Reassignment Public Notice that was released by
the Commission's Media and Wireless Telecommunications Bureaus and
Incentive Auction Task Force announcing the completion of the auction
and deadlines for stations assigned new channels through the repacking
process to terminate operations on pre-auction channels. This NPRM also
proposes to delete as obsolete certain definitions that relate to the
bid options that were available to full power and Class A television
broadcasters eligible to participate in the incentive auction. This
NPRM proposes to delete as obsolete procedural rules that governed the
post-incentive auction period for stations to transition off their pre-
auction channel, which ended on July 13, 2020, including the portions
of the rule pertaining to the special post-incentive auction
displacement filing window which closed on June 1, 2018, and applied to
low power television and television translator stations (``LPTV/TV
translators'') displaced by the auction.
Regarding the listing of FCC policies in Sec. Sec. 73.4000 et
seq., which provide certain FCC policies and citations related to all
broadcast stations for the purpose of reference and convenience, this
NPRM proposes to amend a number of rules that are now otherwise
obsolete or require updates. For example, this NPRM proposes to update
rules to reflect the availability of newer versions of procedures and
Commission orders such as the ``The Public and Broadcasting'' procedure
manual.
This NPRM proposes to delete obsolete language due to the passage
of time and other changes in Commission policy, including language
related to the protection of pre-transition DTV applications filed
before December 31, 1999, or between December 31, 1999, and May 1,
2000, certain waiver requests related to the incentive auction,
displacements of Class A stations due to digital channel allotment
changes by full power television stations that have since been
resolved, the period of construction for an original construction
permit which tolled for certain reasons of international coordination
during the DTV transition, the certification of equipment that the
Commission no longer accepts, and references to mutually exclusive
renewal proceedings for applications filed prior to May 1, 1995. This
NPRM also proposes to delete past license renewal application filing
dates for all radio and television broadcast stations, and provide
updated dates.
During the course of the transition to from analog to digital
television, the Commission adopted a number of rules, many of which
were temporary and meant to be effective only during the transition.
Others, however, had more long term application to digital operations.
Because the more long term rules were adopted at the same time as
temporary rules, the long term rules are currently not organized in a
straight forward or user-friendly manner. As a result, this NPRM seeks
to reorganize subpart E of part 73, including creating cross-references
to the rules reorganized
[[Page 8653]]
for ease, in order to make the rules more practical and easier to find.
This NPRM also seeks comment on updating the coordinates found in
Sec. 73.623(e) from North American Datum (``NAD'') 27 to NAD 83 and
otherwise conforming the values with the coordinate system used in the
Commission's Licensing and Management System (``LMS'') database and
with those found in Sec. 90.303(b) of the rules, which define the
service that Sec. 73.623(e) protects.
In addition, this NPRM proposes to amend Sec. 73.1620(a)(1) to
remind full power and Class A television stations on channel 14 of the
requirement found in Sec. 73.687(e)(4)(iii) that they request Program
Test Authority (``PTA'') prior to commencing operation of new or
modified facilities. This NPRM also proposes to amend the rule to
require LPTV and translator stations on channel 14 to request PTA prior
to beginning operation of new or modified facilities.
This NPRM also proposes a number of changes to the rules which are
obsolete, unnecessary, and are otherwise superseded by the software
based tools that the Commission and industry use to prepare and process
applications. Also, Sec. 73.625 specifies a number of paper maps which
should be used to prepare the profile graphs and to determine the
location and height above sea level of the antenna height. This NPRM
proposes to remove those references to outmoded paper maps and replace
them with a reference to the National Elevation Dataset and other
similar bald earth terrain datasets which are used by modern automated
software currently used by the Commission and industry. This NPRM
proposes to clarify that Commission staff generally expects these
calculations to be done via computer, versus the preference for paper
calculations that was specified previously, and then indicate that to
the extent a submission to the Commission uses sources different from
those officially reflected in the Commission's rules, those sources
should be clearly identified in the submission.
This NPRM proposes to clarify, in Sec. 73.625(c)(3)(ii) of the
rules, that the horizontal power is to be higher than or equal to the
vertical power in all directions, and require documentation that the
antenna meets this requirement. This NPRM also proposes to update the
rule to reflect that the LMS filing system permits an alternate method
of specifying mechanically beam tilted facilities. The proposed rule
indicates the alternate method is preferable because it provides a
three-dimensional representation of the antenna, allowing for more
accurate predictions with OET Bulletin No. 69. But the Commission
continues to allow the previous method in order to avoid imposing any
additional burden on stations that were previously authorized using the
previous mechanical beam tilt method.
Section 73.625(c)(3)(v) currently requires that horizontal plane
patterns be plotted ``to the largest scale possible on unglazed letter-
size polar coordinate paper.'' This requirement is outdated and not
consistent with current licensee and Commission staff practices. This
NPRM proposes to instead require licensees to submit patterns in the
form of a .pdf attachment to an application filed in LMS, and propose
to clarify that similar plots are required for elevation or matrix
patterns submitted in the LMS form. This approach would provide
flexibility to applicants and conform to modern practices.
With the elimination of analog service, there are no full power
television stations operating pursuant to the subscription television
(``STV'') rules, which allowed analog stations to offer a subscription
television service ``for a fee or charge'' given that there are no full
power television stations operating pursuant to the STV rules and
digital television stations are permitted to provide STV-type services
on an ancillary or supplementary basis to their primary digital
television service, and LMS does not permit the filing of applications
or requests to operate in an STV mode. Accordingly, Sec. Sec. 73.641
through 73.644, 73.4247, 73.6026, and 74.732(e) are obsolete and we
propose to eliminate them.
In 2000, the Commission adopted a needs based test in Sec.
73.622(a) for future rulemakings allowing noncommercial educational
(NCE) entities to request that ``non-reserved channels not already in
the Table of Allotments be added and reserved for NCE use.'' This NPRM
proposes to amend Sec. 73.622(a) to remove this language as Commission
staff does not believe it serves a practical purpose in the current
environment. Commission staff does not intend, however, to eliminate
the ability of an NCE entity to reserve one of the few vacant
television channels currently in the Table of TV Allotments. An NCE
entity may still file a rulemaking petition to request that the
Commission reserve the channel for noncommercial educational use,
without being required to rely on the special process enumerated in
Sec. 73.622(a).
Section 73.3543 provides that no new special service authorizations
may be issued after 1958, however, renewals or modifications will be
considered in certain circumstances. The Commission staff is unaware of
any such authorizations today, and the Commission tentatively concludes
the rule is obsolete and can be deleted. This NPRM proposes to delete
the rule and seeks comment on this proposal.
Section 0.434 refers to the Broadcast Application Processing System
(BAPS), which is a legacy database system that has not been in use at
the Commission for many years. The NPRM proposes to update the rule to
reflect the current application television filing and processing
databases and methods for viewing the databases.
In January 2021, the Commission adopted updated rules in Sec.
73.626 relating to Distributed Transmission Systems (``DTS''). Since
that time, questions have arisen about how the rules are to be applied.
To make the intent and application of the rule less ambiguous, this
NPRM proposes to modify language in 73.626(b) and (f)(2) to define
certain terms and make clarifications that will better reflect the
method described in the 2021 DTS Order and used in processing such
applications.
All full-power and Class A TV stations are assigned a transport
stream ID (``TSID''), which is required to be transmitted in order to
provide the Program and System Information Protocol (``PSIP'') data
required by Sec. 73.682(d). Consistent with that rule, this NPRM
proposes to clarify that all such stations must broadcast with their
assigned TSID during their hours of operation. For the same reason, the
NPRM proposes the same requirement with respect to a station's bit
stream ID (``BSID''), which has the same function as the TSID, but in
the ATSC 3.0 context.
The Commission's rules require coordination of applications in
border regions with the neighboring countries' appropriate regulatory
officials. Under the Exchange of Coordination Letters with IFT
Regarding DTV Transition and Reconfiguration of 600 MHz Spectrum,
signed between the FCC and Mexico's Instituto Federal de
Telecomunicaciones (``IFT'') in July 2015, Class A stations approved by
Mexico are grouped with full-service stations. It is the Media Bureau
staff's experience that IFT routinely requests that applications
submitted for coordination of Class A stations specify a full-service
emission mask, and if such applications do not initially specify the
full-service emission mask, IFT asks for it to be included in an
amendment. This two-step process increases the processing burdens on
the FCC, IFT, and stations, and results in delays in granting
applications. Therefore, this NPRM proposes to amend Sec. 73.6024(d)
[[Page 8654]]
to require Class A stations within 275 kilometers of the US-Mexico
border to specify a full-service emission mask in any modification
application.
This NPRM proposes to delete language in Sec. 73.6025(a) that is
almost identical to that in Sec. 73.625(c)(3). These rule sections
provide similar requirements regarding how applicants should describe
and document antenna patterns submitted in their applications. This
NPRM proposes to cross-reference Sec. 73.625(c)(3) in Sec.
73.6025(a), eliminating the duplication but making clear that the
requirements in Sec. 73.625(c)(3) continue to apply to Class A
television stations. We seek comment on this proposal.
Section 73.6026 lists Sec. 73.624 as a rule applicable to Class A
stations. It also includes a note stating that ``Section 73.624(b) will
apply only to the extent that such stations must also transmit at least
one over-the-air video program signal at no direct charge to viewers of
the digital Class A station.'' Such language is also included in Sec.
73.624(b) and so this NPRM proposes to remove that text in Sec.
73.6026 as duplicative. This NPRM also proposes to clarify that this
change would mandate the use of a minimum 480i video resolution by
Class A stations, consistent with our proposal with respect to full
power and LPTV/translator stations in our earlier adopted Part 74 NPRM,
FCC 22-58, (rel. July 13, 2022).
Legal Basis
The proposed action is authorized under sections 1, 4, 301, 303,
307, 308, 309, 310, 316, 319, and 336 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154, 301, 303, 307, 308, 309, 310,
316, 319, 336.
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act (SBA). 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.
Below, we provide a description of the impacted small entities, as
well as an estimate of the number of such small entities, where
feasible.
Television Broadcasting. This industry is comprised of
``establishments primarily engaged in broadcasting images together with
sound.'' These establishments operate television broadcast 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 studio, from an affiliated
network, or from external sources. The SBA small business size standard
for this industry classifies businesses having $41.5 million or less in
annual receipts as small. The 2017 U.S. Census Bureau data indicate
that 744 firms in this industry operated for the entire year. Of that
number, 657 firms had revenue of less than $25,000,000. Based on this
data we estimate that the majority of television broadcasters are small
entities under the SBA small business size standard.
The Commission estimates that as of June 2022, there were 1,372
licensed commercial television stations. Of this total, 1,280 stations
(or 93.2%) had revenues of $41.5 million or less in 2021, according to
Commission staff review of the BIA Kelsey Inc. Media Access Pro
Television Database (BIA) on June 1, 2022, and therefore these
licensees qualify as small entities under the SBA definition. In
addition, the Commission estimates that as of June 2022, there were 384
licensed noncommercial educational (NCE) television stations, 383 Class
A TV stations, 1,865 LPTV stations and 3,224 TV translator stations.
The Commission, however, does not compile and otherwise does not have
access to financial information for these television broadcast stations
that would permit it to determine how many of these stations qualify as
small entities under the SBA small business size standard.
Nevertheless, given the SBA's large annual receipts threshold for this
industry and the nature of these television station licensees, we
presume that all of these entities qualify as small entities under the
above SBA small business size standard.
Radio Stations. This industry is comprised of ``establishments
primarily engaged in broadcasting aural programs by radio to the
public.'' Programming may originate in their own studio, from an
affiliated network, or from external sources. The SBA small business
size standard for this industry classifies firms having $41.5 million
or less in annual receipts as small. U.S. Census Bureau data for 2017
show that 2,963 firms operated in this industry during that year. Of
this number, 1,879 firms operated with revenue of less than $25 million
per year. Based on this data and the SBA's small business size
standard, we estimate a majority of such entities are small entities.
The Commission estimates that as of June 30, 2022, there were 4,498
licensed commercial AM radio stations and 6,689 licensed commercial FM
radio stations, for a combined total of 11,187 commercial radio
stations. Of this total, 11,185 stations (or 99.98%) had revenues of
$41.5 million or less in 2021, according to Commission staff review of
the BIA Kelsey Inc. Media Access Pro Database (BIA) on June 1, 2022,
and therefore these licensees qualify as small entities under the SBA
definition. In addition, the Commission estimates that as of June 30,
2022, there were 4,184 licensed noncommercial (NCE) FM radio stations,
2,034 low power FM (LPFM) stations, and 8,951 FM translators and
boosters. The Commission however does not compile, and otherwise does
not have access to financial information for these radio stations that
would permit it to determine how many of these stations qualify as
small entities under the SBA small business size standard.
Nevertheless, given the SBA's large annual receipts threshold for this
industry and the nature of radio station licensees, we presume that all
of these entities qualify as small entities under the above SBA small
business size standard.
We note, however, that in assessing whether a business concern
qualifies as ``small'' under the above definition, business (control)
affiliations 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. In addition,
another element of the definition of ``small business'' requires that
an 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 radio or television broadcast station is dominant in
its field of operation. Accordingly, the estimate of small businesses
to which the rules may apply does not exclude any radio or television
station from the definition of a small business on this basis and is
therefore possibly over-inclusive. An additional element of the
definition of ``small business'' is that the entity must be
[[Page 8655]]
independently owned and operated. Because it is difficult to assess
these criteria in the context of media entities, the estimate of small
businesses to which the rules may apply does not exclude any radio or
television station from the definition of a small business on this
basis and similarly may be over-inclusive.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
The NPRM proposes modified reporting requirements. The Commission
seeks comment on whether television stations should be able to now make
certain required notifications through filings procedures in LMS as
opposed to by letter, as has been the case. Similarly, the Commission
seeks comment on its proposals to update Commission rules to reference
the current designation for form numbers, require electronic filing in
LMS, and remove obsolete forms. Should the Commission ultimately decide
to adopt these requirements, they would result in a modified paperwork
obligation. The Commission anticipates that this option will lessen the
physical burden on small entities. The Commission will have to consider
the benefits and costs of allowing television stations to submit
certain notifications in LMS. If adopted, the Commission will seek
approval and the corresponding burdens to account for this modified
reporting requirement. We expect the comments we receive from the
parties in the proceeding, including cost and benefit analyses, will
help the Commission to identify and evaluate compliance costs and
burdens for small businesses that may result from the matters discussed
in the NPRM.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
The RFA requires an agency to describe any significant
alternatives, specifically small business, 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 such 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 such small
entities. See 5 U.S.C. 603(c)(1)-(4).
This NPRM seeks comment on a number of proposals that would codify
Commission staff's current practices or better reflect technological
advancements in the industry. The Commission does not have supporting
data at this time to determine if there will or will not be an economic
impact on small businesses as a result of the proposed rule amendments
and/or deletions. However, the Commission anticipates that the proposed
rule updates and reorganization generally will lessen the burdens on
small entities. For example, Sec. 73.625(b)(5) specifies a number of
paper maps which should be used to prepare the profile graphs described
in paragraph (b)(4), and to determine the location and height above sea
level of the antenna height. Commission staff believes that multiple
references to various sources of paper maps contained in the rule are
outdated methods to make these types of calculations. This NPRM
therefore proposes to remove those references to outmoded paper maps
and replace them with a reference to the National Elevation Dataset and
other similar bald earth terrain datasets which are used by modern
automated software currently used by the Commission and industry.
Moreover, Sec. 73.625(b)(4) describes how to plot certain radials on a
graph and provides a range of options for the number of points of
elevation to use in each radial. This NPRM proposes to conform the
requirement to reference the TVStudy software currently used for
preparing and processing applications, and specify the use of 10 points
per kilometer in all circumstances consistent with present practice
found in the TVStudy software used by the Commission and licensees to
process and prepare applications. These proposals are an attempt to
simplify, streamline, and modernize existing rules and procedures that
will enable television stations to more easily comply with licensing
requirements through familiar and low cost measures.
In addition, this NPRM seeks to avoid imposing additional burdens
on television stations where practicable. For example, this NPRM
proposes to update Sec. 73.625(c)(3)(ii) to reflect that the LMS
filing system permits an alternate method of specifying mechanically
beam tilted facilities. The proposed rule indicates the alternate
method is preferable because it provides a three-dimensional
representation of the antenna, allowing for more accurate predictions
with OET Bulletin No. 69. But Commission staff continues to allow the
previous method in order to avoid imposing any additional burden on
stations that were previously authorized using the previous mechanical
beam tilt method.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
None.
Report to Congress
The Commission will send a copy of this NPRM including the IRFA, in
a report to be sent to Congress pursuant to the Congressional Review
Act. In addition, the Commission will send a copy of the NPRM including
the IRFA, to the Chief Counsel for Advocacy of the SBA. A copy of this
NPRM and IRFA (or summaries thereof) will also be published in the
Federal Register.
List of Subjects
47 CFR Parts 0
Authority delegations (Government agencies), Organization and
functions (Government agencies)
47 CFR Part 27
Communications common carriers.
47 CFR Part 73
Full power TV, Class A TV, Incorporated by reference.
47 CFR Part 74
Low power TV, TV translator stations.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Regulations
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 0, 27, 73, and
74 to read as follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for part 0 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, and 409,
unless otherwise noted.
0
2. Revise Sec. 0.434 to read as follows:
Sec. 0.434 Data bases and lists of authorized broadcast stations and
pending broadcast applications.
The FCC makes available its data bases, Consolidated Database
System (CDBS) and Licensing and Management System (LMS), containing
information about authorized broadcast stations, pending applications
for such stations, and rulemaking proceedings involving amendments to
the TV and FM Table of Allotments. CDBS and LMS contain frequencies,
station locations, and other
[[Page 8656]]
particulars. CDBS and LMS may be viewed at the Commission's website at
www.fcc.gov under Media Bureau.
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICE
0
3. The authority citation for part 27 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336,
337, 1403, 1404, 1451, and 1452, unless otherwise noted.
Sec. 27.60 [Removed and Reserved]
0
4. Remove and reserve Sec. 27.60.
Sec. 27.1310 [Removed and Reserved]
0
5. Remove and reserve Sec. 27.1310.
PART 73--RADIO BROADCAST SERVICES
0
6. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
336, 339.
0
7. Section 73.611 is added to read as follows:
Sec. 73.611 Emission levels and mask filter.
(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:
Formula 1 to paragraph (a)
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.
0
8. Section 73.612 is revised to read as follows:
Sec. 73.612 Protection from interference.
(a) Permittees and licensees of TV broadcast stations are not
protected from any interference which may be caused by the grant of a
new station or of authority to modify the facilities of an existing
station in accordance with the provisions of this subpart. The nature
and extent of the protection from interference accorded to TV broadcast
stations is limited solely to the protection which results from the
interference protection requirements set forth in this subpart.
(b) [Reserved]
Sec. 73.613 [Removed and Reserved]
0
9. Remove and reserve Sec. 73.613.
0
10. Amend Sec. 73.614 by:
0
a. Revising paragraphs (a), (b) introductory text, (b)(1) through (3);
0
b. Removing and reserving paragraphs (b)(4) and (5);
0
c. Revising paragraph (b)(6); and
0
d. Removing paragraph (b)(7).
The revisions read as follows:
Sec. 73.614 Power and antenna height requirements.
(a) Minimum requirements. Applications will not be accepted for
filing if they specify less than 100 watts horizontally polarized
visual effective radiated power (ERP) in any horizontal direction. No
minimum antenna height above average terrain (HAAT) is specified. For
stations requesting DTS operation pursuant to Sec. 73.626, this
requirement applies to at least one site in the DTS.
(b) Maximum power. Applications for new full power television
stations, for changes in authorized full power television stations, and
petitions for changes to the Table of TV Allotments, will not be
accepted for filing if they specify a power which exceeds the maximum
permitted boundaries specified in the following formulas:
(1) A TV station that operates on a channel 2-6 allotment will be
allowed a maximum ERP of 10 kW if its antenna HAAT is at or below 305
meters and it is located in Zone I or a maximum ERP of 45 kW if its
antenna HAAT is at or below 305 meters and it is located in Zone II or
Zone III.
(i) At higher HAAT levels, such TV stations will be allowed to
operate with lower maximum ERP levels in accordance with the following
table and formulas (the allowable maximum ERP for intermediate values
of HAAT is determined using linear interpolation based on the units
employed in the table):
Table 1 to Paragraph (b)(1)(i)--Maximum Allowable ERP and Antenna Height
for TV Stations in Zones II or III on Channels 2-6
------------------------------------------------------------------------
Antenna HAAT (meters) ERP (kW)
------------------------------------------------------------------------
610.......................................................... 10
580.......................................................... 11
550.......................................................... 12
520.......................................................... 14
490.......................................................... 16
460.......................................................... 19
425.......................................................... 22
395.......................................................... 26
365.......................................................... 31
335.......................................................... 37
305.......................................................... 45
------------------------------------------------------------------------
(ii) For TV stations located in Zone I that operate on channels 2-6
with an HAAT that exceeds 305 meters, the allowable maximum ERP
expressed in decibels above 1 kW (dBk) is determined using the
following formula, with HAAT expressed in meters:
ERPmax = 92.57-33.24 * log10(HAAT)
(iii) For TV stations located in Zone II or III that operate on
channels 2-6 with an HAAT that exceeds 610 meters, the allowable
maximum ERP expressed in decibels above 1 kW (dBk) is determined using
the following formula, with HAAT expressed in meters:
ERPmax = 57.57-17.08 * log10(HAAT)
(2) A TV station that operates on a channel 7-13 allotment will be
allowed a maximum ERP of 30 kW if its antenna HAAT is at or below 305
meters and it is located in Zone I or a maximum ERP of 160 kW if its
antenna HAAT is at or below 305 meters and it is located in Zone II or
Zone III.
(i) At higher HAAT levels, such TV stations will be allowed to
operate with lower maximum ERP levels in accordance with the following
table and formulas (the allowable maximum ERP for intermediate values
of HAAT is determined using linear interpolation based on the units
employed in the table):
Table 2 to Paragraph (b)(2)(i)--Maximum Allowable ERP and Antenna Height
for TV Stations in Zones II or III on Channels 7-13
------------------------------------------------------------------------
Antenna HAAT (meters) ERP (kW)
------------------------------------------------------------------------
610.......................................................... 30
580.......................................................... 34
550.......................................................... 40
520.......................................................... 47
490.......................................................... 54
460.......................................................... 64
425.......................................................... 76
395.......................................................... 92
[[Page 8657]]
365.......................................................... 110
335.......................................................... 132
305.......................................................... 160
------------------------------------------------------------------------
(ii) For TV stations located in Zone I that operate on channels 7-
13 with an HAAT that exceeds 305 meters, the allowable maximum ERP
expressed in decibels above 1 kW (dBk) is determined using the
following formula, with HAAT expressed in meters:
ERPmax = 97.35-33.24 * log10(HAAT)
(iii) For TV stations located in Zone II or III that operate on
channels 7-13 with an HAAT that exceeds 610 meters, the allowable
maximum ERP expressed in decibels above 1 kW (dBk) is determined using
the following formula, with HAAT expressed in meters:
ERPmax = 62.34-17.08 * log10(HAAT)
(3) A TV station that operates on a channel 14-36 allotment will be
allowed a maximum ERP of 1,000 kW if its antenna HAAT is at or below
365 meters.
(i) At higher HAAT levels, such TV stations will be allowed to
operates with lower maximum ERP levels in accordance with the following
table and formulas (the allowable maximum ERP for intermediate values
of HAAT is determined using linear interpolation based on the units
employed in the table):
Table 3 to Paragraph (b)(3)(i)--Maximum Allowable ERP and Antenna Height
for TV Stations on Channels 14-36, All Zones
------------------------------------------------------------------------
Antenna HAAT (meters) ERP (kW)
------------------------------------------------------------------------
610.......................................................... 316
580.......................................................... 350
550.......................................................... 400
520.......................................................... 460
490.......................................................... 540
460.......................................................... 630
425.......................................................... 750
395.......................................................... 900
365.......................................................... 1,000
------------------------------------------------------------------------
(ii) For TV stations located in Zone I, II or III that operate on
channels 14-36 with an HAAT that exceeds 610 meters, the allowable
maximum ERP expressed in decibels above 1 kW (dBk) is determined using
the following formula, with HAAT expressed in meters:
ERPmax = 72.57-17.08 * log10(HAAT)
Where:
ERPMax = Maximum Effective Radiated Power measured in
decibels above 1 kW (dBk).
HAAT = Height Above Average Terrain measured in meters.
(4) [Reserved]
(5) [Reserved]
(6) The effective radiated power in any horizontal or vertical
direction may not exceed the maximum values permitted by this section,
except that licensees and permittees may request an increase in either
ERP in some azimuthal direction or antenna HAAT, or both, up to the
maximum permissible limits on TV power set forth in paragraph (b)(1),
(2), or (3) of this section, as appropriate, up to that needed to
provide the same geographic coverage area as the largest station within
their market. Such requests must be accompanied by a technical showing
that the increase complies with the technical criteria in Sec. 73.620,
and thereby will not result in new interference exceeding the de
minimis standard set forth in that section, or statements agreeing to
the change from any co-channel or adjacent channel stations that might
be affected by potential new interference, in accordance with Sec.
73.620(e). For the purposes of this paragraph:
(i) The maximum ERP value shall not exceed the maximum permitted at
any height within the relevant zone consistent with the values
permitted in paragraph (b)(1), (2), or (3) of this section. The
associated maximum height for that given ERP may be exceeded.
(ii) Stations in the same Nielsen DMA are considered to be in the
same market.
(iii) ``Geographic coverage area'' is defined as the number of
square kilometers found within a station's F(50,90) contour as
calculated in Sec. 73.619. A station taking advantage of this
provision need not specify coverage that is congruent with or
encompassed by the largest station in the market.
* * * * *
Sec. 73.615 [Removed and Reserved]
0
11. Remove and reserve Sec. 73.615.
0
12. Section 73.616 is amended by:
0
a. Revising the section heading;
0
b. Removing and reserving paragraphs (a), (b), and (c), and the
introductory text to paragraph (d);
0
c. Revising the introductory text to paragraph (d)(1); and
0
d. Removing and reserving paragraphs (d)(2), (e) and (g).
The revisions read as follows:
Sec. 73.616 References to TV station interference protection
methodology.
* * * * *
(d) [Reserved]
(1) For evaluating compliance with the requirements of this
paragraph, interference to populations served is to be predicted based
on the most recent official decennial U.S. Census population data as
identified by the Media Bureau in a Public Notice issued not less than
60 days prior to use of the data for a specific year in application
processing and otherwise according to the procedure set forth in OET
Bulletin No. 69: ``Longley-Rice Methodology for Evaluating TV Coverage
and Interference'' (February 6, 2004) (incorporated by reference, see
Sec. 73.8000), including population served within service areas
determined in accordance with Sec. 73.619, consideration of whether
F(50,10) undesired signals will exceed the following desired-to-
undesired (D/U) signal ratios, assumed use of a directional receiving
antenna, and use of the terrain dependent Longley-Rice point-to-point
propagation model. Applicants may request the use of a cell size other
than the default of 2.0 km per side, but only requests for cell sizes
of 1.0 km per side or 0.5 km per side will be considered. The threshold
levels at which interference is considered to occur are:
* * * * *
0
13. Section 73.617 is added to read as follows:
Sec. 73.617 Interference protection of other services.
(a) Protection of land mobile operations on channels 14-20. The
Commission will not accept petitions to amend the Table of TV
Allotments, applications for new TV stations, or applications to change
the channel or location of authorized TV stations that would use
channels 14-20 where the distance between the TV reference coordinates
as defined in Sec. 73.622(d), would be located less than 250 km from
the city center of a co-channel land mobile operation or 176 km from
the city center of an adjacent channel land mobile operation. Such
filings that do not meet the minimum TV-to-land mobile spacing
standards will, however, be considered where all affected land mobile
licensees consent to the requested action. Land mobile operations are
authorized on these channels in the following markets:
[[Page 8658]]
Table 1 to Paragraph (a)--Land Mobile Operations To Be Protected
----------------------------------------------------------------------------------------------------------------
City Channels Latitude Longitude
----------------------------------------------------------------------------------------------------------------
Boston, MA................................................ 14, 16 42[deg]21'24.4'' 71[deg]03'23.2''
Chicago, IL............................................... 14, 15 41[deg]52'28.1'' 87[deg]38'22.2''
Cleveland, OH............................................. 14, 15 41[deg]29'51.2'' 81[deg]49'49.5''
Dallas, TX................................................ 16 32[deg]47'09.5'' 96[deg]47'38.0''
Detroit, MI............................................... 15, 16 42[deg]19'48.1'' 83[deg]02'56.7''
Houston, TX............................................... 17 29[deg]45'26.8'' 95[deg]21'37.8''
Los Angeles, CA........................................... 14, 16, 20 34[deg]03'15.0'' 118[deg]14'31.3''
Miami, FL................................................. 14 25[deg]46'38.4'' 80[deg]11'31.2''
New York, NY.............................................. 14, 15, 16 40[deg]45'06.4'' 73[deg]59'37.5''
Philadelphia, PA.......................................... 19, 20 39[deg]56'58.4'' 75[deg]09'19.6''
Pittsburgh, PA............................................ 14, 18 40[deg]26'19.2'' 79[deg]59'59.2''
San Francisco, CA......................................... 16, 17 37[deg]46'38.7'' 122[deg]24'43.9''
Washington, DC............................................ 17, 18 38[deg]53'51.4'' 77[deg]00'31.9''
----------------------------------------------------------------------------------------------------------------
Note 1 to paragraph (a). The Chief, Public Safety and Homeland
Security Bureau, waived the rules to allow channel 15 to be used for
land mobile operation in Los Angeles County, CA (DA 08-2823; adopted
December 30, 2008). Notwithstanding the channels listed in paragraph
(a) of this section, the waiver requires television stations to
protect this land mobile operation.
(b) Protection of land mobile operations below channel 14. (1) TV
broadcast stations operating on Channel 14 must take special
precautions to avoid interference to adjacent spectrum land mobile
radio service facilities. Where a TV station is authorized and
operating prior to the authorization and operation of the land mobile
facility, a Channel 14 station must attenuate its emissions within the
frequency range 467 to 470 MHz if necessary to permit reasonable use of
the adjacent frequencies by land mobile licensees.
(2) The requirements listed below apply to permittees authorized to
construct a new station on TV Channel 14, and to licensees authorized
to change the channel of an existing station to Channel 14, to increase
effective radiated power (ERP) (including any change in directional
antenna characteristics that results in an increase in ERP in any
direction), or to change the transmitting location of an existing
station.
(i) For the purposes of this paragraph (b), a protected land mobile
facility is a receiver that is intended to receive transmissions from
licensed land mobile stations within the frequency band below 470 MHz,
and is associated with one or more land mobile stations for which a
license has been issued by the Commission, or a proper application has
been received by the Commission prior to the date of the filing of the
TV construction permit application. However, a land mobile facility
will not be protected if it is proposed in an application that is
denied or dismissed and that action is no longer subject to Commission
review. Further, if the land mobile station is not operating when the
TV facility commences operation and it does not commence operation
within the time permitted by its authorization in accordance with part
90 of this chapter, it will not be protected.
(ii) A TV permittee must take steps before construction to identify
potential interference to normal land mobile operation that could be
caused by TV emissions outside the authorized channel, land mobile
receiver desensitization or intermodulation. It must install filters
and take other precautions as necessary, and submit evidence that no
interference is being caused before it will be permitted to transmit
programming on the new facilities pursuant to the provisions of Sec.
73.1615 or Sec. 73.1620 of this part. A TV permittee must reduce its
emissions within the land mobile channel of a protected land mobile
facility that is receiving interference caused by the TV emission
producing a vertically polarized signal and a field strength in excess
of 17 dBu at the land mobile receiver site on the land mobile
frequency. The TV emission should be measured with equipment set to a
30 kHz measurement bandwidth including the entire applicable land
mobile channel. A TV permittee must correct a desensitization problem
if its occurrence can be directly linked to the start of the TV
operation and the land mobile station is using facilities with typical
desensitization rejection characteristics. A TV permittee must identify
the source of an intermodulation product that is generated when the TV
operation commences. If the intermodulation source is under its
control, the TV permittee must correct the problem. If the
intermodulation source is beyond the TV permittee's control, it must
cooperate in the resolution of the problem and should provide whatever
technical assistance it can.
(c) Channel 6 Protection of FM radio stations. Parties requesting
new allotments on channel 6 be added to the Table of TV Allotments must
submit an engineering study demonstrating that no interference would be
caused to existing FM radio stations on FM channels 200-220.
(d) Blanketing interference. Present information is not
sufficiently complete to establish blanketing interference areas for
television broadcast stations. Blanketing interference is interference
in an area adjacent to a transmitter in which the reception of other
stations is subject to interference due to the strong signal from this
station. The authorization of station construction in areas where
blanketing interference is found to be excessive will be on the basis
that the applicant will assume full responsibility for the adjustment
of reasonable complaints arising from excessively strong signals of the
applicant's station or take other corrective action.
(e) Medical telemetry device notification condition. Stations
should be aware that a condition is placed on all TV broadcast station
authorizations that result in a change in coverage area, or all
authorizations for new stations, which requires TV broadcasters to
identify and notify hospital and other health care facilities within
the station's coverage area to avoid interference to medical telemetry
devices.
0
14. Section 73.618 is added to read as follows:
Sec. 73.618 Antenna location and principal community coverage.
(a) The TV antenna location shall be chosen so that, on the basis
of the effective radiated power (ERP) and antenna height above average
terrain (HAAT) employed, the following minimum F(50,90) field strength
in dB above one uV/m will be provided over
[[Page 8659]]
the entire principal community to be served:
Table 1 to Paragraph (a)--Minimum Field Strength Required Over Principal
Community
------------------------------------------------------------------------
dBu
------------------------------------------------------------------------
Channels 2-6................................................. 35
Channels 7-13................................................ 43
Channels 14-36............................................... 48
------------------------------------------------------------------------
(b) The location of the antenna must be so chosen that there is not
a major obstruction in the path over the principal community to be
served.
(c) For the purposes of this section, coverage is to be determined
in accordance with Sec. 73.619(b). Under actual conditions, the true
coverage may vary from these estimates because the terrain over any
specific path is expected to be different from the average terrain on
which the field strength charts were based. Further, the actual extent
of service will usually be less than indicated by these estimates due
to interference from other stations. Because of these factors, the
predicted field strength contours give no assurance of service to any
specific percentage of receiver locations within the distances
indicated.
0
15. Section 73.619 is added to read as follows:
Sec. 73.619 Contours and service areas.
(a) Purposes of the field strength contours. The field strength
contours will be considered for the following purposes only:
(1) In the estimation of coverage resulting from the selection of a
particular transmitting antenna site by an applicant for a TV station.
(2) In connection with problems of coverage arising out of
application of Sec. 73.3555.
(3) In determining compliance with Sec. 73.618(a) concerning the
minimum field strength to be provided over the principal community to
be served.
(b) Determining coverage. (1) In predicting the distance to the
field strength contours, the F (50,50) field strength charts (Figures
9, 10 and 10b of Sec. 73.699 of this part) and the F (50,10) field
strength charts (Figures 9a, 10a and 10c of Sec. 73.699 of this part)
shall be used. To use the charts to predict the distance to a given F
(50,90) contour, the following procedure is used: Convert the effective
radiated power in kilowatts for the appropriate azimuth into decibel
value referenced to 1 kW (dBk). Subtract the power value in dBk from
the contour value in dBu. Note that for power less than 1 kW, the
difference value will be greater than the contour value because the
power in dBk is negative. Locate the difference value obtained on the
vertical scale at the left edge of the appropriate F (50,50) chart for
the TV station's channel. Follow the horizontal line for that value
into the chart to the point of intersection with the vertical line
above the height of the antenna above average terrain for the
appropriate azimuth located on the scale at the bottom of the chart. If
the point of intersection does not fall exactly on a distance curve,
interpolate between the distance curves below and above the
intersection point. The distance values for the curves are located
along the right edge of the chart. Using the appropriate F (50,10)
chart for the DTV station's channel, locate the point where the
distance coincides with the vertical line above the height of the
antenna above average terrain for the appropriate azimuth located on
the scale at the bottom of the chart. Follow a horizontal line from
that point to the left edge of the chart to determine the F (50,10)
difference value. Add the power value in dBk to this difference value
to determine the F (50,10) contour value in dBu. Subtract the F (50,50)
contour value in dBu from this F (50,10) contour value in dBu. Subtract
this difference from the F (50,50) contour value in dBu to determine
the F (50,90) contour value in dBu at the pertinent distance along the
pertinent radial.
(2)(i) The effective radiated power to be used is that radiated at
the vertical angle corresponding to the depression angle between the
transmitting antenna center of radiation and the radio horizon as
determined individually for each azimuthal direction concerned. The
depression angle is based on the difference in elevation of the antenna
center of radiation above the average terrain and the radio horizon,
assuming a smooth spherical earth with a radius of 8,495.5 kilometers
(5,280 miles) and shall be determined by the following equation:
Equation 1 to paragraph (b)(2)(i)
A = 0.0277 square root of H
Where:
A is the depression angle in degrees.
H is the height in meters of the transmitting antenna radiation
center above average terrain of the 3.2-16.1 kilometers (2-10 miles)
sector of the pertinent radial.
(ii) This equation is empirically derived for the limited purpose
specified here of determining distance to filed strength contours for
coverage. Its use for any other purpose may be inappropriate.
(3) Applicants for new TV stations or changes in the facilities of
existing TV stations must submit to the FCC a showing as to the
location of their stations' or proposed stations' contour. This showing
is to include a map showing this contour, except where applicants have
previously submitted material to the FCC containing such information
and it is found upon careful examination that the contour locations
indicated therein would not change, on any radial, when the locations
are determined under this section. In the latter cases, a statement by
a qualified engineer to this effect will satisfy this requirement and
no contour maps need be submitted.
(4) The antenna height to be used with these charts is the height
of the radiation center of the antenna above the average terrain along
the radial in question. In determining the average elevation of the
terrain, the elevations between 3.2-16.1 kilometers (2-10 miles) from
the antenna site are employed. Path profiles shall be determined for 8
radials beginning at the antenna site and extending 16.1 kilometers (10
miles) therefrom. The radials should be determined for each 45 degrees
of azimuth starting with True North. 10 points per kilometer of
elevation (uniformly spaced) should be used for each radial. It is not
necessary to take the curvature of the earth into consideration in this
procedure, as this factor is taken care of in the charts showing signal
strengths. The average elevation of the 12.9 kilometer (8 miles)
distance between 3.2-16.1 kilometers (2-10 miles) from the antenna site
should then be determined from the path profile for each radial. In
directions where the terrain is such that negative antenna heights or
heights below 30.5 meters (100 feet) for the 3.2 to 16.1 kilometers (2
to 10 mile) sector are obtained, an assumed height of 30.5 meters (100
feet) shall be used for the prediction of coverage. Actual calculated
values should be used for computation of height above average terrain.
(5) In the preparation of the path profiles previously described,
and in determining the location and height above sea level of the
antenna site, the elevation or contour intervals shall be taken from a
high quality bald earth terrain map or dataset such as the United
States Geological Survey Topographic Quadrangle Maps or the National
Elevation Dataset. If a dataset is used, the data must be processed for
intermediate points along each radial using linear interpolation
techniques.
(6) It is anticipated that many of these calculations may be done
using computer software and with computerized datasets. If software or
[[Page 8660]]
datasets besides those officially adopted by the FCC are utilized, the
alternate software or data must be identified.
(c) TV Service Areas. (1) The service area of a TV 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. The noise-limited contour is the area in which the
predicted F(50,90) field strength of the station's signal, in dB above
1 microvolt per meter (dBu) as determined using the method in Sec.
73.619(b) exceeds the following levels (these are the levels at which
reception of TV service is limited by noise):
Table 1 to Paragraph (c)(1)--Noise Limited Service Levels
------------------------------------------------------------------------
dBu
------------------------------------------------------------------------
Channels 2-6................................................. 28
Channels 7-13................................................ 36
Channels 14-36............................................... 41
------------------------------------------------------------------------
(2) Within this contour, service is considered available at
locations where the station's signal strength, as predicted using the
terrain dependent Longley-Rice point-to-point propagation model,
exceeds the levels above. Guidance for evaluating coverage areas using
the Longley-Rice methodology is provided in OET Bulletin No. 69. For
availability of OET Bulletin No. 69 (which is incorporated by reference
elsewhere in this part), contact FCC (see Sec. 73.8000 for contact
information).
(d) Protected facilities of an allotment. The protected facilities
of a TV allotment shall be the facilities (effective radiated power,
antenna height and antenna directional radiation pattern, if any)
authorized by a construction permit or license, or, where such an
authorization is not available for establishing reference facilities,
the facilities designated in the FCC order creating or modifying the
Table of TV Allotments.
0
16. Section 73.620 is added to read as follows:
Sec. 73.620 Interference calculation and protection of TV broadcast
services.
(a) Due to the frequency spacing that exists between Channels 4 and
5, between Channels 6 and 7, and between Channels 13 and 14, the
minimum adjacent channel technical criteria specified in this section
shall not be applicable to these pairs of channels (see Sec.
73.603(a)).
(b) Interference is to be predicted based on the procedures found
in Sec. 73.616(d)(1). (c) An application will not be accepted if it is
predicted to cause interference to more than an additional 0.5 percent
of the population served by another TV station. For this purpose, the
population served by the station receiving additional interference does
not include portions of the population within the noise-limited service
contour of that station that are predicted to receive interference from
the TV allotment facilities of the applicant or portions of that
population receiving masking interference from any other station.
(d) A petition to add a new channel to the TV Table or any
application to modify an existing TV station or allotment will not be
accepted if it is predicted to cause more than 0.5 percent new
interference, consistent with paragraphs (a) and (b) of this section,
to a Class A TV station authorized pursuant to subpart J of this part,
within the protected contour defined in Sec. 73.6010.
(e) Negotiated agreements on interference. TV stations may operate
with increased effective radiated power (ERP) and/or antenna height
above average terrain (HAAT) that would result in more than 0.5 percent
additional interference to another TV station if that station agrees,
in writing, to accept the additional interference. Such agreements must
be submitted with the application for authority to construct or modify
the affected TV station. Negotiated agreements under this paragraph can
include the exchange of money or other considerations from one station
to another, including payments to and from noncommercial television
stations assigned to reserved channels. Applications submitted pursuant
to the provisions of this paragraph will be granted only if the
Commission finds that such action is consistent with the public
interest.
(f) The interference protection requirements contained in this
section apply to television station operations under both the TV
transmission standard in Sec. 73.682(d) and the Next Gen TV
transmission standard in Sec. 73.682(f).
0
17. Section 73.621 is amended by removing and reserving paragraphs (g)
and (h) and revising paragraph (j).
Sec. 73.621 Noncommercial educational TV stations.
* * * * *
(j) The requirements of this section apply to the entire digital
bitstream of noncommercial educational television stations, including
the provision of ancillary or supplementary services.
0
18. Revise Sec. 73.622 to read as follows:
Sec. 73.622 Table of TV allotments.
(a) General. The following table of TV allotments contains the
television channel allotments designated for the listed communities in
the United States, its Territories, and possessions. Requests for
addition of new TV allotments, or requests to change the channels
allotted to a community, must be made in a petition for rule making to
amend the Table of TV Allotments. A request to amend the Table of TV
Allotments to add an allotment or change the channel of an allotment in
the Table will be evaluated for technical acceptability using
engineering criteria set forth in Sec. Sec. 73.617, 73.618, and
73.620. A request to amend the TV table to add a new allotment will be
evaluated for technical acceptability using the geographic spacing
criteria set forth in Sec. 73.622(k) and the engineering criteria set
forth in Sec. Sec. 73.614, 73.617, 73.618, and 73.620(a) and (d). TV
allotments designated with an asterisk are assigned for use by non-
commercial educational broadcast stations only. Rules governing
noncommercial educational TV stations are contained in Sec. 73.621.
(b)[Reserved]
(c) [Reserved]
(d) Reference points and distance computations.
(1) [Reserved]
(2) The reference coordinates of a TV allotment shall be the
coordinates of the authorized facility. Where such a transmitter site
is not available for use as reference coordinates, such as a new
allotment, the coordinates shall be those designated in the FCC order
modifying the Table of TV Allotments.
(e) [Reserved]
(f) [Reserved]
(g) [Reserved]
(h) [Reserved]
(i) [Reserved]
(j) Table of TV Allotments.
----------------------------------------------------------------------------------------------------------------
Community Channel No.
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Alabama:
Anniston..................................................... 9
Bessemer..................................................... 14
[[Page 8661]]
Birmingham................................................... 7, *10, 20, 29, 30
Demopolis.................................................... *19
Dothan....................................................... 21, 36
Dozier....................................................... *10
Florence..................................................... 2, *22
Gadsden...................................................... 26
Gulf Shores.................................................. 27
Homewood..................................................... 21
Hoover....................................................... 33
Huntsville................................................... 15, 17, 18, 19, *24
Louisville................................................... *30
Mobile....................................................... 9, 15, 18, 20, 23, *30
Montgomery................................................... 8, 22, *27, 28, 31
Mount Cheaha................................................. *12
Opelika...................................................... 17
Ozark........................................................ 33
Selma........................................................ 25, 34
Troy......................................................... 19
Tuscaloosa................................................... 6, 36
Tuskegee..................................................... 18
Vernon....................................................... *4
Alaska:
Anchorage.................................................... 7, *8, 10, 12, 20, *26, 28, 33
Bethel....................................................... *3
Fairbanks.................................................... 7, *9, 18, 26
Juneau....................................................... *10, 11
Ketchikan.................................................... 13
North Pole................................................... 20
Sitka........................................................ 7
Arizona:
Douglas...................................................... 36
Flagstaff.................................................... 13, 22, 32
Green Valley................................................. 34
Holbrook..................................................... *11
Kingman...................................................... 19
Mesa......................................................... 18
Phoenix...................................................... *8, 10, 15, 17, 20, 24, 26, 27, 29, 33
Prescott..................................................... 7
Sierra Vista................................................. 21
Tolleson..................................................... 31
Tucson....................................................... 9, 16, 19, 23, 25, *28, *30, 32
Yuma......................................................... 11, 13
Arkansas:
Arkadelphia.................................................. *13
Camden....................................................... 18
El Dorado.................................................... *10, 27
Eureka Springs............................................... 25
Fayetteville................................................. *9, 15
Fort Smith................................................... 18, 21, 27
Harrison..................................................... 31
Hot Springs.................................................. 16
Jonesboro.................................................... 18, *20, 27
Little Rock.................................................. *7, 12, 22, 28, 30, 32, *36
Mountain View................................................ *13
Pine Bluff................................................... 24, 34
Rogers....................................................... 33
Springdale................................................... 29
California:
Anaheim...................................................... 12
Arcata....................................................... 22
Avalon....................................................... S
Bakersfield.................................................. 10, 25, 26, 33
Bishop....................................................... 20
Calipatria................................................... 36
Ceres........................................................ *15
Chico........................................................ 20, 36
Clovis....................................................... 27
Concord...................................................... S
Corona....................................................... 25
Cotati....................................................... *5
El Centro.................................................... 9, 22
Eureka....................................................... 3, *11, 17, 28
Fort Bragg................................................... * 4, 8
Fremont...................................................... S
[[Page 8662]]
Fresno....................................................... 7, 20, 30, *32, 34
Garden Grove................................................. S
Hanford...................................................... 21
Huntington Beach............................................. *S
Inglewood.................................................... S
Long Beach................................................... 18
Los Angeles.................................................. 4, 7, 9, 11, 13, *28, 31, 34, 35, 36, *S
Merced....................................................... 11
Modesto...................................................... 18
Monterey..................................................... 32, S
Oakland...................................................... 31
Ontario...................................................... 29
Palm Springs................................................. 26, 28
Palo Alto.................................................... S
Paradise..................................................... 30
Porterville.................................................. 23
Rancho Palos Verdes.......................................... 30
Redding...................................................... *9, 15
Riverside.................................................... S
Sacramento................................................... *9, 10, 21, 22, 24, 35
Salinas...................................................... 8, 11
San Bernardino............................................... *5, 24
San Diego.................................................... 8, 10, 17, 18, *19, 26
San Francisco................................................ 7, 12, 20, 28, 29, *30, 32, S, S, *S
San Jose..................................................... 13, 19, 33, 36, *S
San Luis Obispo.............................................. 15, 34
San Mateo.................................................... *27
Sanger....................................................... 36
Santa Ana.................................................... 33
Santa Barbara................................................ 21, 27
Santa Maria.................................................. 19
Stockton..................................................... 23, 25, 26
Twentynine Palms............................................. 23
Vallejo...................................................... 34
Ventura...................................................... S
Visalia...................................................... *22, 28
Watsonville.................................................. *25
Colorado:
Boulder...................................................... 32
Broomfield................................................... *13
Castle Rock.................................................. 15
Colorado Springs............................................. 22, 24, 26
Denver....................................................... 7, 9, 18, *20, 28, 31, *33, 34, 35, 36
Durango...................................................... 15, *20, 33
Fort Collins................................................. 21
Glenwood Springs............................................. 23
Grand Junction............................................... 2, 7, 12, 15, *18
Greeley...................................................... 17
Longmont..................................................... 29
Montrose..................................................... 13
Pueblo....................................................... *8, 25, 27
Steamboat Springs............................................ 10
Sterling..................................................... 23
Connecticut:
Bridgeport................................................... S
Hartford..................................................... *30, 34, 36, S
New Britain.................................................. 31
New Haven.................................................... 10, S, *S
New London................................................... 28
Norwich...................................................... *9
Stamford..................................................... *21
Waterbury.................................................... 33
Delaware:
Dover........................................................ 5
Seaford...................................................... *24
Wilmington................................................... 2, *13, 34
District of Columbia:
Washington................................................... 7, 9, *31, *33, 34, 36, S, S
Florida:
Boca Raton................................................... *25
Boynton Beach................................................ *S
Bradenton.................................................... 29
Cape Coral................................................... 34
Clearwater................................................... 21
[[Page 8663]]
Clermont..................................................... 23
Cocoa........................................................ *30, 32
Daytona Beach................................................ 11, 15
Destin....................................................... 29
Fort Lauderdale.............................................. 30
Fort Myers................................................... 15, *22, 31
Fort Pierce.................................................. *18, 20
Fort Walton Beach............................................ 14, 21, 25
Gainesville.................................................. 8, 16, *36
High Springs................................................. 29
Hollywood.................................................... 24
Jacksonville................................................. *9, 13, 14, 18, 19, 20, *21
Key West..................................................... 3, 8
Lake Worth................................................... 36
Lakeland..................................................... 18
Leesburg..................................................... 7, *S
Live Oak..................................................... 17
Marianna..................................................... 26
Melbourne.................................................... 14, 22
Miami........................................................ 9, 10, 21, 22, 23, *26, 27, 28, *29, 31, 32
Naples....................................................... 28, 32
New Smyrna Beach............................................. *24
Ocala........................................................ 31
Orange Park.................................................. 10
Orlando...................................................... 26, 27, 28, 33, *34, 35
Palm Beach................................................... 7
Panama City.................................................. 9, 13, 16, *28
Panama City Beach............................................ 33
Pensacola.................................................... 17, *24, 34, 35
Sarasota..................................................... 24
St. Petersburg............................................... 10, 19, S
Stuart....................................................... 34
Tallahassee.................................................. 22, 24, 27, *32
Tampa........................................................ 9, 12, *13, 17, 20, *S
Tequesta..................................................... 16
Tice......................................................... 33
Venice....................................................... 25
West Palm Beach.............................................. 12, 13, 35
Georgia:
Albany....................................................... 10, 29
Athens....................................................... *7, 18
Atlanta...................................................... 10, 19, *21, 25, 27, 31, 32, *34, 36
Augusta...................................................... 27, 28, 36
Bainbridge................................................... 19
Baxley....................................................... 35
Brunswick.................................................... 24
Chatsworth................................................... *4
Cochran...................................................... *9
Columbus..................................................... *5, 11, 15, 24, 35
Cordele...................................................... 34
Dalton....................................................... 28
Dawson....................................................... *7
Macon........................................................ 13, 26, 30, 33
Monroe....................................................... 22
Pelham....................................................... *6
Perry........................................................ 23
Rome......................................................... 16
Savannah..................................................... *8, 16, 22, 23
Thomasville.................................................. 20
Toccoa....................................................... 24
Valdosta..................................................... 31
Waycross..................................................... *7
Wrens........................................................ *6
Hawaii:
Hilo......................................................... 9, 11, 13, 22, 23
Honolulu..................................................... 8, *11, *18, 19, 20, 22, 23, *26, 27, 31, 33,
35
Kailua....................................................... 29
Kailua-Kona.................................................. 25
Kaneohe...................................................... 32
Wailuku...................................................... 7, *10, 12, 16, 21, 24
Waimanalo.................................................... 15
Idaho:
Boise........................................................ 7, 15, 20, *21
Caldwell..................................................... 10
[[Page 8664]]
Coeur d'Alene................................................ *18
Filer........................................................ *18
Idaho Falls.................................................. 8, 20, 36
Lewiston..................................................... 32
Moscow....................................................... *12
Nampa........................................................ 13, 24
Pocatello.................................................... *17, 23, 31
Sun Valley................................................... 5
Twin Falls................................................... 11, *22, 34
Illinois:
Aurora....................................................... S
Bloomington.................................................. 28
Carbondale................................................... *8
Champaign.................................................... 32, 34
Charleston................................................... *30
Chicago...................................................... 12, 19, 22, 23, 24, *25, 33, 34, S
Decatur...................................................... 20, 22
East St. Louis............................................... 28
Freeport..................................................... 9
Galesburg.................................................... 8
Harrisburg................................................... 34
Jacksonville................................................. *18
Joliet....................................................... 35
Macomb....................................................... *36
Marion....................................................... 30
Moline....................................................... *23, 31
Mount Vernon................................................. 13
Naperville................................................... S
Olney........................................................ *23
Oswego....................................................... 10
Peoria....................................................... 24, 25, 26, *35
Quincy....................................................... 22, 32, *34
Rock Island.................................................. 4
Rockford..................................................... 13, 16, 36
Springfield.................................................. 11, 15, 16
Urbana....................................................... *9, 36
Indiana:
Angola....................................................... 12
Bloomington.................................................. 27, 28, *33, S
Elkhart...................................................... 30
Evansville................................................... *9, 12, 22, 26, 28
Fort Wayne................................................... *18, 20, 24, 32, 34
Gary......................................................... *17, S
Hammond...................................................... 21
Indianapolis................................................. 7, 9, 13, *21, 22, *23, 25
Kokomo....................................................... 15
Lafayette.................................................... 11
Marion....................................................... S
Muncie....................................................... 19
Richmond..................................................... S
Salem........................................................ 16
South Bend................................................... 27, 29, *31, 36
Terre Haute.................................................. 10, 18, 35
Vincennes.................................................... *31
Iowa:
Ames......................................................... 5, 23, *34
Burlington................................................... 21
Cedar Rapids................................................. 22, 27, 29, 32
Council Bluffs............................................... *33
Davenport.................................................... 17, 30, *34
Des Moines................................................... 8, *11, 13, 16, 19
Dubuque...................................................... 14
Fort Dodge................................................... *25
Iowa City.................................................... *12, 25
Mason City................................................... *18, 24
Newton....................................................... 36
Ottumwa...................................................... 15
Red Oak...................................................... *35
Sioux City................................................... 9, 14, *28, 30, 32
Waterloo..................................................... 7, *35
Kansas:
Colby........................................................ 17, *19
Derby........................................................ 31
Dodge City................................................... *21
[[Page 8665]]
Ensign....................................................... 6
Garden City.................................................. 11, 13
Goodland..................................................... 10
Great Bend................................................... 22
Hays......................................................... 7, *16
Hoisington................................................... 14
Hutchinson................................................... *8, 19, 35
Lakin........................................................ *8
Lawrence..................................................... 25
Pittsburg.................................................... 7, 13
Salina....................................................... 17
Topeka....................................................... *11, 12, 13, 16, 27
Wichita...................................................... 10, 15, 26, 28
Kentucky:
Ashland...................................................... 13, *36
Beattyville.................................................. 7
Bowling Green................................................ 13, *18, 24, *29
Covington.................................................... *22
Danville..................................................... 19
Elizabethtown................................................ *23
Harlan....................................................... S
Hazard....................................................... 20, *33
Lexington.................................................... 21, 27, 28, *35
Louisville................................................... 8, 11, 14, *30, 32, *34, 36
Madisonville................................................. *31
Morehead..................................................... *30
Murray....................................................... *17
Newport...................................................... 15
Owensboro.................................................... 17
Owenton...................................................... *24
Paducah...................................................... 19, *23, 25
Pikeville.................................................... *23
Richmond..................................................... 25
Somerset..................................................... *17
Louisiana:
Alexandria................................................... 26, 31, *33, 35
Baton Rouge.................................................. 9, 13, 24, *25, 34
Columbia..................................................... 11
Hammond...................................................... 35
Lafayette.................................................... 10, 16, *23, 28
Lake Charles................................................. 7, 18, *20
Minden....................................................... 32
Monroe....................................................... *13, 24
New Iberia................................................... 17
New Orleans.................................................. 15, 19, 21, *23, 26, 27, *28, 29, 33
Shreveport................................................... 16, *17, 23, 28, 34
Slidell...................................................... 17
West Monroe.................................................. 19, 22
Maine:
Augusta...................................................... *20
Bangor....................................................... 2, 7, 13
Biddeford.................................................... *36
Calais....................................................... *10
Lewiston..................................................... 24
Orono........................................................ *22
Poland Spring................................................ 8
Portland..................................................... 15, 31, 34
Presque Isle................................................. 8, *10
Waterville................................................... 17
Maryland:
Annapolis.................................................... *21
Baltimore.................................................... 11, 12, *22, 25, 26, 27, S
Frederick.................................................... *28
Hagerstown................................................... 23, *29
Oakland...................................................... *26
Salisbury.................................................... *16, 29, 32
Silver Spring................................................ S
Massachusetts:
Boston....................................................... *5, 20, 21, 22, *32, 33, 34, 35
Cambridge.................................................... S
Foxborough................................................... S
Lowell....................................................... *S
Marlborough.................................................. 27
New Bedford.................................................. 24, S
[[Page 8666]]
Norwell...................................................... 36
Pittsfield................................................... 7
Springfield.................................................. 11, *13, 26
Woburn....................................................... S
Worcester.................................................... 19
Michigan:
Alpena....................................................... 11, *24
Ann Arbor.................................................... 24
Bad Axe...................................................... *15
Battle Creek................................................. 17, 21
Bay City..................................................... 23, 30
Cadillac..................................................... 9, 32, *34
Calumet...................................................... 5
Cheboygan.................................................... 16
Detroit...................................................... 7, *20, 21, 25, 31, 32, 34
East Lansing................................................. *33
Escanaba..................................................... 32
Flint........................................................ 12, 16
Grand Rapids................................................. 7, *11, 13, 19
Ishpeming.................................................... 10
Kalamazoo.................................................... *5, 8, 22
Lansing...................................................... 14, 28, S
Manistee..................................................... *20
Marquette.................................................... *8, 19, 35
Mount Clemens................................................ 27
Mount Pleasant............................................... *26
Muskegon..................................................... 24
Onondaga..................................................... 10
Saginaw...................................................... 18, 36
Sault Ste. Marie............................................. 8, 10
Traverse City................................................ 29, 35
Vanderbilt................................................... 21
Minnesota:
Alexandria................................................... 7, 24
Appleton..................................................... *10
Austin....................................................... *20, 36
Bemidji...................................................... *9, 26
Brainerd..................................................... *28
Chisholm..................................................... 11
Crookston.................................................... *16
Duluth....................................................... *8, 10, 18, 27, 33
Hibbing...................................................... 13, *31
Mankato...................................................... 12
Minneapolis.................................................. 9, 22, 29, 30, 31, 32
Redwood Falls................................................ 27
Rochester.................................................... 10, 26
St. Cloud.................................................... 16
St. Paul..................................................... *23, *34, 35
Thief River Falls............................................ 10
Walker....................................................... 12
Worthington.................................................. *15
Mississippi:
Biloxi....................................................... *16, 32
Booneville................................................... *9
Bude......................................................... *18
Columbus..................................................... 27
Greenville................................................... 15
Greenwood.................................................... *25, 32
Gulfport..................................................... 25
Hattiesburg.................................................. 22
Holly Springs................................................ 26
Jackson...................................................... 12, 14, *20, 21, 23, 30
Laurel....................................................... 7
Magee........................................................ 34
Meridian..................................................... 13, 24, *28, 31
Mississippi State............................................ *8
Natchez...................................................... 15
Oxford....................................................... *36
Senatobia.................................................... *S
Tupelo....................................................... 11, 17
Vicksburg.................................................... 36
West Point................................................... 16
Missouri:
Cape Girardeau............................................... 32, 36
[[Page 8667]]
Columbia..................................................... 17, 27
Hannibal..................................................... 22
Jefferson City............................................... 20, 29
Joplin....................................................... 17, 23, *35
Kansas City.................................................. *18, 24, 29, 30, 31, 32, 34, 36
Kirksville................................................... 33
Osage Beach.................................................. 22
Poplar Bluff................................................. 15
Sedalia...................................................... 15
Springfield.................................................. 10, *16, 19, 28
St. Joseph................................................... 7, 21
St. Louis.................................................... 14, *23, 24, 26, 31, 33, 35
Montana:
Billings..................................................... 11, *16, 18, 20
Bozeman...................................................... * 8, 27
Butte........................................................ 15, 19, 20, 24
Glendive..................................................... 5
Great Falls.................................................. 8, 17, * 21, 22, 26
Hardin....................................................... 22
Havre........................................................ 9
Helena....................................................... 29, 31
Kalispell.................................................... 9, *15
Miles City................................................... 3
Missoula..................................................... 7, *11, 20, 23
Nebraska:
Alliance..................................................... *13
Bassett...................................................... *7
Grand Island................................................. 11
Hastings..................................................... 5, *28
Hayes Center................................................. 6
Kearney...................................................... 18
Lexington.................................................... *26
Lincoln...................................................... 8, 10, *12, 15
McCook....................................................... 12
Merriman..................................................... *12
Missoula..................................................... *11, 20, 23, 25
Norfolk...................................................... *19
North Platte................................................. 2, *9
Omaha........................................................ *17, 20, 22, 26, 29, 31
Scottsbluff.................................................. 29
Sidney....................................................... 7
York......................................................... 24
Nevada:
Elko......................................................... 10
Ely.......................................................... 27
Henderson.................................................... 24
Las Vegas.................................................... 2, 7, *11, 13, 16, 22, 29
Laughlin..................................................... 32
Paradise..................................................... 20
Reno......................................................... 8, 11, 12, *15, 20, 23, 26
Tonopah...................................................... 9
Winnemucca................................................... 7
New Hampshire:
Concord...................................................... 23
Derry........................................................ S
Durham....................................................... *11
Keene........................................................ *18
Littleton.................................................... *23
Manchester................................................... 9
Merrimack.................................................... 29
New Jersey:
Atlantic City................................................ 4
Camden....................................................... *23
Jersey City.................................................. S
Linden....................................................... 35
Middletown Township.......................................... 3
Millville.................................................... S
Montclair.................................................... *S
Mount Laurel................................................. S
New Brunswick................................................ *8
Newark....................................................... 12, 26
Newton....................................................... 18
Paterson..................................................... S
Princeton.................................................... S
[[Page 8668]]
Secaucus..................................................... 25
Trenton...................................................... *S
Vineland..................................................... S
Wildwood..................................................... 36
New Mexico:
Albuquerque.................................................. 7, 13, 16, *17, 22, 24, 26, *35, 36
Carlsbad..................................................... 19, 25
Clovis....................................................... 12
Farmington................................................... 12
Hobbs........................................................ 29
Las Cruces................................................... *23, 26
Portales..................................................... *32
Roswell...................................................... 8, 10, 21, 27
Santa Fe..................................................... *8, 10, 27, 29
Silver City.................................................. 10, 12
New York:
Albany....................................................... 8, 21, 24
Amsterdam.................................................... 19
Batavia...................................................... 24
Binghamton................................................... 7, 8, 27, *31
Buffalo...................................................... 16, *31, 32, 33, 34, 36, S
Carthage..................................................... 8
Corning...................................................... *25, 30
Elmira....................................................... 23, 35
Garden City.................................................. *32
Ithaca....................................................... 13
Jamestown.................................................... 5
New Rochelle................................................. S
New York..................................................... 7, 11, *24, 27, 34, 36, S
Norwood...................................................... *23
Plattsburgh.................................................. 14, *36
Riverhead.................................................... 29
Rochester.................................................... 9, 10, 21, *22, 28
Saranac Lake................................................. 34
Schenectady.................................................. 22, *25, 35
Smithtown.................................................... 23
Springville.................................................. 7
Syracuse..................................................... 14, 15, 17, 18, 19, *20, 36
Utica........................................................ 29, 30, 34
Watertown.................................................... *26, 31
North Carolina:
Archer Lodge................................................. S
Asheville.................................................... 13, *20, S
Belmont...................................................... 25
Burlington................................................... 26
Chapel Hill.................................................. *20
Charlotte.................................................... *9, 18, 19, 23, 24
Concord...................................................... *21
Durham....................................................... 9, 14
Edenton...................................................... *29
Fayetteville................................................. 22
Goldsboro.................................................... 8
Greensboro................................................... 28, 35, S
Greenville................................................... 12, 19, *25, 36
Hickory...................................................... 14
High Point................................................... 31
Jacksonville................................................. 16, *28
Kannapolis................................................... 32
Lexington.................................................... S
Linville..................................................... *36
Lumberton.................................................... *30
Manteo....................................................... 13
New Bern..................................................... 10
Raleigh...................................................... 15, 17, 18
Roanoke Rapids............................................... *27
Rocky Mount.................................................. 32
Wake Forest.................................................. S
Washington................................................... 34
Wilmington................................................... *21, 23, 24, 29
Winston-Salem................................................ 16, 29, *33
North Dakota:
Bismarck..................................................... 12, 17, *22, 26, 31
Devils Lake.................................................. 8, *25
Dickinson.................................................... 7, *9, 19
[[Page 8669]]
Ellendale.................................................... *20
Fargo........................................................ *13, 19, 21, 36
Grand Forks.................................................. *15, 27
Jamestown.................................................... 7
Minot........................................................ 10, 13, 14, *15, 24
Pembina...................................................... 12
Valley City.................................................. 24
Williston.................................................... 8, *11, 14
Ohio:
Akron........................................................ 17, 22, *24
Alliance..................................................... *29
Athens....................................................... *32
Bowling Green................................................ *22
Cambridge.................................................... *6
Canton....................................................... S, S
Chillicothe.................................................. 23
Cincinnati................................................... 12, *17, 18, 20, 26
Cleveland.................................................... 8, 15, 19, *35, 36
Columbus..................................................... 14, *16, 21, 27, 28
Dayton....................................................... 31, 33, 34, *35, 36
Lima......................................................... 4, 8
London....................................................... S
Lorain....................................................... S
Mansfield.................................................... 12
Oxford....................................................... *29
Portsmouth................................................... 15
Sandusky..................................................... 3
Shaker Heights............................................... 10
Springfield.................................................. S
Steubenville................................................. 9
Toledo....................................................... 11, 13, 23, 26, *29, 35
Youngstown................................................... 31, 33, S
Zanesville................................................... 30
Oklahoma:
Ada.......................................................... 17
Bartlesville................................................. 36
Cheyenne..................................................... *8
Claremore.................................................... *32
Eufaula...................................................... *31
Lawton....................................................... 11
Muskogee..................................................... 20
Norman....................................................... 16
Oklahoma City................................................ 7, *13, 15, 18, 19, 23, 24, 25, 27, 33
Okmulgee..................................................... 28
Shawnee...................................................... 29
Tulsa........................................................ 8, *11, 12, 14, 16, 22, 26, 34
Woodward..................................................... 35
Oregon:
Bend......................................................... *11, 18, 21
Coos Bay..................................................... 11, 22
Corvallis.................................................... *7
Eugene....................................................... 9, 17, 28, *29, 31
Grants Pass.................................................. 30
Klamath Falls................................................ 13, 29, *33
La Grande.................................................... *13, 16
Medford...................................................... 5, *8, 12, 16, 26
Pendleton.................................................... 11
Portland..................................................... *10, 21, 24, 25, 26, 32
Roseburg..................................................... 18, 19, 36
Salem........................................................ 22, 33
Pennsylvania:
Allentown.................................................... S, *S
Altoona...................................................... 6, 24, 31
Bethlehem.................................................... 9
Clearfield................................................... *15
Erie......................................................... 12, 21, 26, *27, 28
Greensburg................................................... 28
Harrisburg................................................... 10, 32, *36
Hazleton..................................................... 22
Jeannette.................................................... 11
Johnstown.................................................... 8, 35
Lancaster.................................................... 8, S
Philadelphia................................................. 6, 17, 28, 30, 31, 33, *S
Pittsburgh................................................... *4, 16, 20, 21, 23, 25, 27
[[Page 8670]]
Red Lion..................................................... S
Scranton..................................................... 12, 21, 33, 34, *S
Wilkes-Barre................................................. 11
Williamsport................................................. 29
Willow Grove................................................. S
York......................................................... S
Rhode Island:
Newport...................................................... 17
Providence................................................... *2, 7, 12, 25
South Carolina:
Allendale.................................................... *21
Anderson..................................................... 35
Beaufort..................................................... *32
Charleston................................................... 17, 19, 20, *24, 25, 34
Columbia..................................................... 7, 10, 15, 22, 25, *33
Conway....................................................... *28
Florence..................................................... 13, *16, 26, 27
Greenville................................................... 2, *8, 17, 30
Greenwood.................................................... *26
Hardeeville.................................................. 26
Myrtle Beach................................................. 32, 36
Rock Hill.................................................... 34, S
Spartanburg.................................................. 11, *S
Sumter....................................................... *29, 31
South Dakota:
Aberdeen..................................................... 9, *17
Brookings.................................................... *8
Eagle Butte.................................................. *13
Florence..................................................... 3
Huron........................................................ 12
Lead......................................................... 5, 10
Lowry........................................................ *11
Martin....................................................... *8
Mitchell..................................................... 26
Pierre....................................................... *10, 19
Rapid City................................................... 2, 7, 16, 21, *26
Reliance..................................................... 13
Sioux Falls.................................................. 7, 11, 13, 21, *24, 36
Vermillion................................................... *34
Tennessee:
Chattanooga.................................................. 8, 9, 13, 14, *35
Cleveland.................................................... 23
Cookeville................................................... *22
Crossville................................................... 31
Franklin..................................................... 32
Greeneville.................................................. 28
Hendersonville............................................... 33
Jackson...................................................... 21, 35
Jellico...................................................... 18
Johnson City................................................. 9
Kingsport.................................................... 32
Knoxville.................................................... 7, 10, 15, 26, *29, 34
Lebanon...................................................... 25
Lexington.................................................... *27
Memphis...................................................... 13, 23, 25, 28, *29, 30, 31, 33
Murfreesboro................................................. 16
Nashville.................................................... *7, 10, 20, 21, 27, 30, 36
Sneedville................................................... *24
Tazewell..................................................... 36
Texas:
Abilene...................................................... 15, 29, 30
Alvin........................................................ 36
Amarillo..................................................... *9, 10, 15, 19, 20
Arlington.................................................... 25
Austin....................................................... 7, 21, *22, 23, 33, 34
Baytown...................................................... 31
Beaumont..................................................... 12, 15, *29
Belton....................................................... 17
Big Spring................................................... 33
Blanco....................................................... 18
Borger....................................................... 31
Bryan........................................................ 24
College Station.............................................. 16, 29
Conroe....................................................... *12
[[Page 8671]]
Corpus Christi............................................... 8, 10, 19, *23, 26, 27
Dallas....................................................... 8, *14, 21, 27, 32, 35, 36
Decatur...................................................... 30
Del Rio...................................................... 28
Denton....................................................... *29
Eagle Pass................................................... 18
El Paso...................................................... *13, 15, 16, 17, 18, 20, *21, 25
Farwell...................................................... 18
Fort Worth................................................... 9, 18, 19, 24
Fredericksburg............................................... 8
Galveston.................................................... 22, *23
Garland...................................................... 33
Greenville................................................... 23
Harlingen.................................................... 16, 18, *21
Houston...................................................... *8, 11, 13, 19, 21, *24, 26, 34, 35
Irving....................................................... 34
Jacksonville................................................. 22
Katy......................................................... 25
Kerrville.................................................... 32
Killeen...................................................... 13
Lake Dallas.................................................. 31
Laredo....................................................... 8, 19
Llano........................................................ 27
Longview..................................................... 20, S
Lubbock...................................................... 16, *25, 27, 31, 35, 36
Lufkin....................................................... 9
McAllen...................................................... 17
Midland...................................................... 18, 26
Nacogdoches.................................................. 15
Odessa....................................................... 7, 9, 15, 23, *28, 30
Port Arthur.................................................. 27
Rio Grande................................................... 14
Rosenberg.................................................... 30
San Angelo................................................... 11, 16, 19
San Antonio.................................................. *9, 12, 15, *16, 24, 28, 29, 30
Sherman...................................................... 12
Snyder....................................................... 17
Sweetwater................................................... 20
Temple....................................................... 9
Texarkana.................................................... 26
Tyler........................................................ 7
Uvalde....................................................... 26
Victoria..................................................... 11, 20
Waco......................................................... 10, *20, 26, 28
Weslaco...................................................... 13
Wichita Falls................................................ 15, 22, 28
Wolfforth.................................................... 23
Utah:
Cedar City................................................... 14
Logan........................................................ 12
Ogden........................................................ 24, 35, *36
Price........................................................ 11
Provo........................................................ *17, 29, 32
Richfield.................................................... *19
Salt Lake City............................................... 19, 20, 23, *27, 28, 30, 34
St. George................................................... *18, 21
Vernal....................................................... 16
Vermont:
Burlington................................................... 7, 16, 20, *32
Montpelier................................................... S
Rutland...................................................... *10
St. Johnsbury................................................ *28
Windsor...................................................... *S
Virginia:
Arlington.................................................... 15
Ashland...................................................... 8
Bristol...................................................... 35
Charlottesville.............................................. 2, *26, 32
Culpeper..................................................... *S
Danville..................................................... S
Grundy....................................................... 14
Hampton...................................................... 11
Hampton-Norfolk.............................................. *31
Harrisonburg................................................. 20
[[Page 8672]]
Lynchburg.................................................... 7, 21
Manassas..................................................... 35
New Market................................................... *S
Norfolk...................................................... 16, 32, 33
Petersburg................................................... 28
Portsmouth................................................... 19, 20
Richmond..................................................... 10, *22, 23, 24, *29
Roanoke...................................................... *3, 27, 30, 34, 36
Spotsylvania................................................. *S
Staunton..................................................... *15
Virginia Beach............................................... 7, 21
Washington:
Bellevue..................................................... 24, 33
Bellingham................................................... 14, 19
Centralia.................................................... *19
Everett...................................................... 31
Kennewick.................................................... 27
Pasco........................................................ 18
Pullman...................................................... *10, 24
Richland..................................................... *22, 26
Seattle...................................................... *9, 16, 23, 25, 30, 36
Spokane...................................................... *7, 13, 15, 20, 28, 34, 36
Tacoma....................................................... 11, 13, 21, *27, *34
Vancouver.................................................... 30
Walla Walla.................................................. 9
Yakima....................................................... 14, 16, *21, 33
West Virginia:
Bluefield.................................................... 17, 25
Charleston................................................... 18, 24, 29
Clarksburg................................................... 12, 13
Grandview.................................................... *8
Huntington................................................... *9, 10, 22
Lewisburg.................................................... 11
Martinsburg.................................................. 13
Morgantown................................................... *34
Oak Hill..................................................... 31
Parkersburg.................................................. 35
Weston....................................................... 33
Wheeling..................................................... 7
Wisconsin:
Antigo....................................................... 19
Appleton..................................................... 36
Chippewa Falls............................................... 21
Crandon...................................................... 13
Eagle River.................................................. 26, 28
Eau Claire................................................... 17, 25
Fond du Lac.................................................. 5
Green Bay.................................................... 14, 18, 22, 23, *25
Janesville................................................... 21
Kenosha...................................................... 30
La Crosse.................................................... 8, *15, 28, 33
Madison...................................................... 11, 18, 19, *20, 26
Mayville..................................................... 34
Menomonie.................................................... *27
Milwaukee.................................................... *8, 27, 28, 29, 31, 32, S, *S
Park Falls................................................... *36
Racine....................................................... S
Rhinelander.................................................. 16
Superior..................................................... 19
Suring....................................................... 15
Wausau....................................................... 7, 9, *24
Wittenberg................................................... 31
Wyoming:
Casper....................................................... *8, 12, 14, 17, 20
Cheyenne..................................................... 11, 27, 30
Jackson...................................................... 11
Lander....................................................... 7, *8
Laramie...................................................... *8
Rawlins...................................................... 9
Riverton..................................................... 10
Rock Springs................................................. 13
Sheridan..................................................... 7, 13
Guam:
Hag[aring]t[ntilde]a......................................... 8, 12
[[Page 8673]]
Tamuning..................................................... 14
Puerto Rico:
Aguada....................................................... 25
Aguadilla.................................................... 12, 17
Arecibo...................................................... 35
Bayam[oacute]n............................................... S
Caguas....................................................... 11, *24
Carolina..................................................... 30
Fajardo...................................................... 13, *15, 16
Guayama...................................................... 34
Humacao...................................................... 23
Mayag[uuml]ez................................................ 20, 29, 31, 32
Naranjito.................................................... 18
Ponce........................................................ 7, 9, 14, *19, 36, S
San Juan..................................................... 21, *26, 27, 28, S
San Sebasti[aacute]n......................................... 33
Toa Baja..................................................... *S
Yauco........................................................ S
U.S. Virgin Islands:
Charlotte Amalie............................................. 17, 21, *36
Christiansted................................................ 20, 23
----------------------------------------------------------------------------------------------------------------
(k) Minimum geographic spacing requirements for new TV allotments.
No petition to add a new channel to the Table of TV Allotments will be
accepted unless it shows compliance with the requirements of this
paragraph.
(1) Requests filed pursuant to this paragraph must demonstrate
compliance with the principal community coverage requirements of Sec.
73.618.
(2) Requests filed pursuant to this paragraph must meet the
following requirements for geographic spacing with regard to all other
TV stations and allotments:
(i) For VHF channels 2-13 in Zone I, co-channel allotments must be
separated by 244.6 km, and no adjacent-channel allotments are permitted
between 20 km and 110 km.
(ii) For UHF channels 14-36 in Zone I, co-channel allotments must
be separated by 196.3 km, and no adjacent-channel allotments are
permitted between 24 km and 110 km.
(iii) For VHF channels 2-13 in Zones II and III, co-channel
allotments must be separated by 273.6 km, and no adjacent-channel
allotments are permitted between 23 km and 110 km.
(iv) For UHF channels 14-36 in Zones II and III, co-channel
allotments must be separated by 223.7 km, and no adjacent-channel
allotments are permitted between 24 km and 110 km.
(3) Zones are defined in Sec. 73.609. The minimum distance
separation between a TV station in one zone and TV station in another
zone shall be that of the zone requiring the lower separation.
(4) Due to the frequency spacing that exists between Channels 4 and
5, between Channels 6 and 7, and between Channels 13 and 14, the
minimum geographic spacing requirements specified in paragraph (k)(2)
of this section shall not be applicable to these pairs of channels
(Sec. 73.603(a)).
0
19. Revise Sec. 73.623 to read as follows:
Sec. 73.623 TV application processing.
(a) General. Applications for new TV broadcast stations or for
changes in authorized TV stations filed pursuant to this section will
not be accepted for filing if they fail to comply with the requirements
of this section and Sec. Sec. 73.614, 73.617, 73.618, and 73.620.
(b) Availability of channels. Applications may be filed to
construct TV broadcast stations only on the channels designated in the
Table of TV Allotments set forth in Sec. 73.622(j), and only in the
communities listed therein. Applications that fail to comply with this
requirement, whether or not accompanied by a petition to amend the TV
Table, will not be accepted for filing.
(c) through (g) [Reserved]
(h) TV application processing priorities.
(1) [Reserved]
(2) TV applications for a construction permit or a modified
construction permit:
(i) Shall be afforded the interference protection set forth in
Sec. 73.620:
(A) through (C) [Reserved]
(D) By later-filed TV applications; and
(E) By later-filed rulemaking petitions to amend the Table of TV
Allotments;
(ii) Must demonstrate the requisite interference protection set
forth in Sec. 73.620 to:
(A) TV licensed stations;
(B) TV construction permits;
(C) Earlier-filed TV applications;
(D) Existing TV allotments;
(E) Rulemaking petitions to amend the Table of TV Allotments for
which a Notice of Proposed Rule Making has been released and the
comment deadline specified therein has passed prior to the filing date
of the TV application;
(F) through (J) [Reserved]
(iii) That do not provide the requisite interference protection set
forth Sec. 73.620 to the following applications and petitions will be
deemed mutually exclusive with those applications and petitions:
(A) Other TV applications filed the same day;
(B) Rulemaking petitions to amend the Table of TV Allotments for
which a Notice of Proposed Rule Making had been released and the
comment deadline specified therein had not passed prior to the filing
date of the TV application; and
(C) Earlier-filed rulemaking petitions to amend the Table of TV
Allotments for which a Notice of Proposed Rule Making had not been
released.
(3) TV applicants and TV rulemaking petitioners that are mutually
exclusive pursuant to this section will be notified by Public Notice
and provided with a 90-day period of time to resolve their mutual
exclusivity via engineering amendment or settlement. Those applications
and petitions that remain mutually exclusive upon conclusion of the 90-
day settlement period will be dismissed.
0
20. Revise Sec. 73.624 to read as follows:
Sec. 73.624 Television broadcast stations.
(a) Television broadcast stations are assigned channels 6 MHz wide.
(b) Minimum programming requirements. The TV service that is
provided pursuant to this paragraph (b) must have a resolution of at
least 480i
[[Page 8674]]
(vertical resolution of 480 lines, interlaced).
(1) TV licensees or permittees that broadcast in ATSC 1.0 (using
the transmission standard in 73.682(d)) shall transmit at least one
free over the air video program signal at no direct charge to viewers.
(2) [Reserved]
(3) TV licensees or permittees that choose to broadcast an ATSC 3.0
signal (using the Next Gen TV transmission standard in Sec. 73.682(f))
shall transmit at least one free over the air video programming stream
on that signal that requires at most the signal threshold of a
comparable received TV signal. TV licensees or permittees that choose
to broadcast an ATSC 3.0 signal (using the Next Gen TV transmission
standard in Sec. 73.682(f)) shall also simulcast the primary video
programming stream on its ATSC 3.0 signal by broadcasting an ATSC 1.0
signal (using the TV transmission standard in Sec. 73.682(d)) from
another broadcast television facility within its local market in
accordance with the local simulcasting requirement in Sec. Sec.
73.3801, 73.6029 and 74.782 of this chapter.
(c) Provided that TV broadcast stations comply with paragraph (b)
of this section, TV broadcast stations are permitted to offer services
of any nature, consistent with the public interest, convenience, and
necessity, on an ancillary or supplementary basis. The kinds of
services that may be provided include, but are not limited to computer
software distribution, data transmissions, teletext, interactive
materials, aural messages, paging services, audio signals, subscription
video, and any other services that do not derogate TV broadcast
stations' obligations under paragraph (b) of this section. Such
services may be provided on a broadcast, point-to-point or point-to-
multipoint basis, provided, however, that any video broadcast signal
provided at no direct charge to viewers shall not be considered
ancillary or supplementary.
(1) TV licensees that provide ancillary or supplementary services
that are analogous to other services subject to regulation by the
Commission must comply with the Commission regulations that apply to
those services, provided, however, that no ancillary or supplementary
service shall have any rights to carriage under Sec. Sec. 614 or 615
of the Communications Act of 1934, as amended, or be deemed a
multichannel video programming distributor for purposes of section 628
of the Communications Act of 1934, as amended.
(2) In all arrangements entered into with outside parties affecting
service operation, the TV licensee or permittee must retain control
over all material transmitted in a broadcast mode via the station's
facilities, with the right to reject any material in the sole judgement
of the permittee or licensee. The license or permittee is also
responsible for all aspects of technical operation involving such
telecommunications services.
(3) In any application for renewal of a broadcast license for a
television station that provides ancillary or supplementary services, a
licensee shall establish that all of its program services are in the
public interest. Any violation of the Commission's rules applicable to
ancillary or supplementary services will reflect on the licensee's
qualifications for renewal of its license.
(d) through (f) [Reserved]
(g) Commercial TV licensees and permittees, and low power
television, TV translator, and Class A licensees and permittees, must
annually remit a fee of 5 percent of the gross revenues derived from
all ancillary and supplementary services, as defined by paragraph (c)
of this section, which are feeable, as defined in paragraphs (g)(1)(i)
and (ii) of this section. Noncommercial TV licensees and permittees
must annually remit a fee of 5 percent of the gross revenues derived
from all ancillary and supplementary services, as defined by paragraph
(c) of this section, which are feeable, as defined in paragraphs
(g)(1)(i) and (ii) of this section, except that such licensees and
permittees must annually remit a fee of 2.5 percent of the gross
revenues from such ancillary or supplementary services which are
nonprofit, noncommercial, and educational.
(1)(i) All ancillary or supplementary services for which payment of
a subscription fee or charge is required in order to receive the
service are feeable. The fee required by this provision shall be
imposed on any and all revenues from such services, including revenues
derived from subscription fees and from any commercial advertisements
transmitted on the service.
(ii) Any ancillary or supplementary service for which no payment is
required from consumers in order to receive the service is feeable if
the TV licensee directly or indirectly receives compensation from a
third party in return for the transmission of material provided by that
third party (other than commercial advertisements used to support
broadcasting for which a subscription fee is not required). The fee
required by this provision shall be imposed on any and all revenues
from such services, other than revenues received from a third party in
return for the transmission of commercial advertisements used to
support broadcasting for which a subscription fee is not required.
(2) Payment of fees. (i) Each December 1, all commercial and
noncommercial TV licensees and permittees that provided feeable
ancillary or supplementary services as defined in this section at any
point during the 12-month period ending on the preceding September 30
will electronically report, for the applicable period:
(A) A brief description of the feeable ancillary or supplementary
services provided;
(B) Gross revenues received from all feeable ancillary and
supplementary services provided during the applicable period; and
(C) The amount of bitstream used to provide feeable ancillary or
supplementary services during the applicable period. Licensees and
permittees will certify under penalty of perjury the accuracy of the
information reported. Failure to file information required by this
section may result in appropriate sanctions.
(ii) A commercial or noncommercial TV licensee or permittee that
has provided feeable ancillary or supplementary services at any point
during a 12-month period ending on September 30 must additionally file
the FCC's standard remittance form (Form 159) on the subsequent
December 1. Licensees and permittees will certify the amount of gross
revenues received from feeable ancillary or supplementary services for
the applicable 12-month period and will remit the payment of the
required fee.
(iii) The Commission reserves the right to audit each licensee's or
permittee's records which support the calculation of the amount
specified on line 23A of Form 159. Each licensee or permittee,
therefore, is required to retain such records for three years from the
date of remittance of fees.
0
21. Amend Sec. 73.625 by:
0
a. Revising the section heading;
0
b. Removing and reserving paragraphs (a) through (b);
0
c. Revising paragraphs (c)(3)(ii) and (v);
0
d. Adding paragraphs (c)(3)(vii) and (viii);
0
e. Revising paragraphs (c)(4)(i) and (ii);
0
f. Adding paragraph (c)(4)(iii);
0
g. Revising paragraph (c)(5); and
0
h. Adding paragraph (d).
The revisions and additions read as follows:
Sec. 73.625 TV antenna system.
* * * * *
[[Page 8675]]
(c) * * *
* * * * *
(3) * * *
(ii) Relative field horizontal plane pattern (patterns for both
horizontal and vertical polarization should be included if elliptical
or circular polarization is used consistent with paragraph (d) of this
section) of the proposed directional antenna. A value of 1.0 should be
used for the maximum radiation in the horizontal polarization. The plot
of the pattern should be oriented so that 0 degrees corresponds to true
North. Where mechanical beam tilt is intended, the amount of tilt in
degrees of the antenna vertical axis and the orientation of the
downward tilt with respect to true North must be specified. The
horizontal plane pattern must reflect the use of mechanical beam tilt
if no elevation pattern is included, but it is preferable to submit a
separate unmodified horizontal plane pattern with the elevation pattern
for mechanically-tilted stations.
* * * * *
(v) All horizontal plane patterns must be plotted in a PDF
attachment to the application in a size sufficient to be easily viewed.
* * * * *
(vii) If an elevation pattern is submitted in the application form,
similar tabulations and PDF attachments shall be provided for the
elevation pattern.
(viii) If a matrix pattern is submitted in the application form,
similar tabulations and PDF attachments shall be provided as necessary
to accurately represent the pattern.
(4) * * *
(i) In cases where it is proposed to use a tower of an AM broadcast
station as a supporting structure for a TV broadcast antenna, an
appropriate application for changes in the radiating system of the AM
broadcast station must be filed by the licensee thereof. A formal
application (FCC Form 301, or FCC Form 340 for a noncommercial
educational station) will be required if the proposal involves
substantial change in the physical height or radiation characteristics
of the AM broadcast antennas; otherwise an informal application will be
acceptable. (In case of doubt, an informal application (letter)
together with complete engineering data should be submitted.) An
application may be required for other classes of stations when the
tower is to be used in connection with a TV station.
(ii) When the proposed TV antenna is to be mounted on a tower in
the vicinity of an AM station directional antenna system and it appears
that the operation of the directional antenna system may be affected,
an engineering study must be filed with the TV application concerning
the effect of the TV antenna on the AM directional radiation pattern.
Field measurements of the AM stations may be required prior to and
following construction of the TV station antenna, and readjustments
made as necessary.
(iii) In any case, where the TV licensee or permittee proposes to
mount its antenna on or near an AM tower, as defined in Sec. 1.30002,
the TV licensee or permittee must comply with Sec. 1.30002 or Sec.
1.30003, as applicable.
(5) Applications proposing the use of electrical beam tilt must be
accompanied by the following:
* * * * *
(d) It shall be standard to employ horizontal polarization.
However, circular or elliptical polarization may be employed if
desired, in which case clockwise (right hand) rotation, as defined in
the IEEE Standard Definition 42A65-3E2, and transmission of the
horizontal and vertical components in time and space quadrature shall
be used. For either omnidirectional or directional antennas the
licensed effective radiated power of the vertically polarized component
may not exceed the licensed effective radiated power of the
horizontally polarized component. For directional antennas, the maximum
effective radiated power of the vertically polarized component shall
not exceed the maximum effective radiated power of the horizontally
polarized component in any specified horizontal or vertical direction.
0
22. Section 73.626 is amended by revising the section heading and
paragraphs (a)(b), (c)(1), (2), (d), (e), (f)(2), (f)(2)(i) through
(iii), (f)(4), (5), and (6) to read as follows:
Sec. 73.626 TV distributed transmission systems.
(a) Distributed transmission systems. A TV station may be
authorized to operate multiple synchronized transmitters on its
assigned channel to provide service consistent with the requirements of
this section. Such operation is called a distributed transmission
system (DTS). Except as expressly provided in this section, TV stations
operating a DTS facility must comply with all rules applicable to TV
single-transmitter stations.
(b) Authorized service area. For purposes of compliance with this
section, a station's ``authorized service area'' is defined as the area
within its predicted noise-limited service contour determined using the
facilities authorized for the station in a license or construction
permit for non-DTS, single-transmitter-location operation (its
``authorized facility'').
(c) * * *
(1) TV station zones are defined in Sec. 73.609.
(2) DTS reference point. A station's DTS reference point is
established in the FCC Order that created or made final modifications
to the Table of TV Allotments, Sec. 73.622(j), and the corresponding
facilities for the station's channel assignment as set forth in that
FCC Order.
(d) Determining DTS coverage. The coverage for each DTS transmitter
is determined based on the F(50,90) field strength given in the Table
of Distances (in paragraph (c) of this section), calculated in
accordance with Sec. 73.619(b). The combined coverage of a DTS station
is the logical union of the coverage of all DTS transmitters.
(e) DTS protection from interference. A DTS station must be
protected from interference in accordance with the criteria specified
in Sec. 73.620. To determine compliance with the interference
protection requirements of Sec. 73.620, the population served by a DTS
station shall be the population within the station's combined coverage
contour, excluding the population in areas that are outside both the TV
station's authorized service area and the Table of Distances area (in
paragraph (c) of this section). Only population that is predicted to
receive service by the method described in Sec. 73.619(c)(2) from at
least one individual DTS transmitter will be considered.
(f) * * *
* * * * *
(2) Each DTS transmitter's coverage is contained within either the
TV station's Table of Distances area (pursuant to paragraph (c) of this
section) or its authorized service area, except where such extension of
coverage meets the following criteria:
(i) In no event shall the F(50,50) service contour of any DTS
transmitter extend beyond that of its authorized facility and its Table
of Distances F(50,50) area; and
(ii) In no event shall the F(50,10) node-interfering contour of any
DTS transmitter, aside from one located at the site of its authorized
facility, extend beyond the F(50,10) reference-interfering contour of
its authorized facility and its Table of Distances F(50,10) reference
area; and
(iii) In no event shall the F(50,10) reference-interfering contour
of a facility located at the site of its authorized facility extend
beyond the F(50,10) reference-interfering contour of its authorized
facility;
* * * * *
[[Page 8676]]
(4) The coverage from one or more DTS transmitter(s) is shown to
provide principal community coverage as required in Sec. 73.618;
(5) The ``combined field strength'' of all the DTS transmitters in
a network does not cause interference to another station in excess of
the criteria specified in Sec. 73.620, where the combined field
strength level is determined by a ``root-sum-square'' calculation, in
which the combined field strength level at a given location is equal to
the square root of the sum of the squared field strengths from each
transmitter in the DTS network at that location.
(6) Each DTS transmitter must be located within either the TV
station's Table of Distances area or its authorized service area.
* * * * *
Sec. 73.641 [Removed]
0
23. Remove Sec. 73.641.
Sec. 73.642 [Removed]
0
24. Remove Sec. 73.642.
Sec. 73.643 [Removed]
0
25. Remove Sec. 73.643.
Sec. 73.644 [Removed]
0
26. Remove Sec. 73.644.
Sec. 73.646 [Removed and Reserved]
0
27. Remove and reserve Sec. 73.646.
Sec. 73.653 [Removed and Reserved]
0
28. Remove and reserve Sec. 73.653.
0
29. Revise Sec. 73.664 to read as follows:
Sec. 73.664 Determining operating power.
(a) Required method. The operating power of each TV transmitter
shall normally be determined by the direct method.
(b) Direct method. The direct method of power determination for a
TV transmitter uses the indications of a calibrated transmission line
meter located at the RF output terminals of the transmitter. The
indications of the calibrated meter are used to observe and maintain
the authorized operating power of the transmitter. This meter must be
calibrated whenever any component in the metering circuit is repaired
or replaced and as often as necessary to ensure operation in accordance
with the provisions of Sec. 73.1560 of this part. The following
calibration procedures are to be used:
(1) The transmission line meter is calibrated by measuring the
average power at the output terminals of the transmitter, including any
filters which may be used in normal operation. For this determination
the average power output is measured while operating into a dummy load
of substantially zero reactance and a resistance equal to the
transmission line characteristic impedance.
(2) If electrical devices are used to determine the output power,
such devices must permit determination of this power to within an
accuracy of 5% of the power indicated by the full scale
reading of the electrical indicating instrument of the device. If
temperature and coolant flow indicating devices are used to determine
the power output, such devices must permit determination of this power
to within an accuracy of 4% of measured average power
output. During this measurement the input voltage and current to the
final radio frequency amplifier stage and the transmission line meter
are to be read and compared with similar readings taken with the dummy
load replaced by the antenna. These readings must be in substantial
agreement.
(3) The meter must be calibrated with the transmitter operating at
80%, 100%, and 110% of the authorized power as often as may be
necessary to maintain its accuracy and ensure correct transmitter
operating power. In cases where the transmitter is incapable of
operating at 110% of the authorized power output, the calibration may
be made at a power output between 100% and 110% of the authorized power
output. However, where this is done, the output meter must be marked at
the point of calibration of maximum power output, and the station will
be deemed to be in violation of this rule if that power is exceeded.
The upper and lower limits of permissible power deviation as determined
by the prescribed calibration, must be shown upon the meter either by
means of adjustable red markers incorporated in the meter or by red
marks placed upon the meter scale or glass face. These markings must be
checked and changed, if necessary, each time the meter is calibrated.
(c) Indirect method. The operating power is determined by the
indirect method by applying an appropriate factor to the input power to
the final radio-frequency amplifier stage of the transmitter using the
following formula:
Formula 1 to introductory text of paragraph (c)
Transmitter output power = Ep x Ip x F
Where:
Ep = DC input voltage of the final radio-frequency amplifier stage.
Ip = DC input current of the final radio-frequency amplifier stage.
F = Efficiency factor.
(1) If the above formula is not appropriate for the design of the
transmitter final amplifier, use a formula specified by the transmitter
manufacturer with other appropriate operating parameters.
(2) The value of the efficiency factor, F established for the
authorized transmitter output power is to be used for maintaining the
operating power, even though there may be some variation in F over the
power operating range of the transmitter.
(3) The value of F is to be determined and a record kept thereof by
one of the following procedures listed in order of preference:
(i) Using the most recent measurement data for calibration of the
transmission line meter according to the procedures described in
paragraph (b) of this section or the most recent measurements made by
the licensee establishing the value of F. In the case of composite
transmitters or those in which the final amplifier stages have been
modified pursuant to FCC approval, the licensee must furnish the FCC
and also retain with the station records the measurement data used as a
basis for determining the value of F.
(ii) Using measurement data shown on the transmitter manufacturer's
test data supplied to the licensee, provided that measurements were
made at the authorized channel and transmitter output power.
(iii) Using the transmitter manufacturer's measurement data.
Sec. 73.665 [Removed and Reserved]
0
30. Remove and reserve Sec. 73.665.
Sec. 73.667 [Removed and Reserved]
0
31. Remove and reserve Sec. 73.667.
Sec. 73.669 [Removed and Reserved]
0
32. Remove and reserve Sec. 73.669.
0
33. Revise Sec. 73.681 to read as follows:
Sec. 73.681 Definitions.
Antenna electrical beam tilt. The shaping of the radiation pattern
in the vertical plane of a transmitting antenna by electrical means so
that maximum radiation occurs at an angle below the horizontal plane.
Antenna height above average terrain. The average of the antenna
heights above the terrain from approximately 3.2 (2 miles) to 16.1
kilometers (10 miles) from the antenna for the eight directions spaced
evenly for each 45 degrees of azimuth starting with True North. (In
general, a different antenna height will be determined in each
direction from the antenna. The average of these various heights is
considered the antenna height above the average terrain. Where circular
or elliptical polarization is employed, the antenna height above
average terrain shall be
[[Page 8677]]
based upon the height of the radiation center of the antenna which
transmits the horizontal component of radiation.
Antenna mechanical beam tilt. The intentional installation of a
transmitting antenna so that its axis is not vertical, in order to
change the normal angle of maximum radiation in the vertical plane.
Antenna power gain. The square of the ratio of the root-mean-square
free space field strength produced at 1 kilometer in the horizontal
plane, in millivolts per meter for one kW antenna input power to 221.4
mV/m. This ratio should be expressed in decibels (dB). (If specified
for a particular direction, antenna power gain is based on the field
strength in that direction only.)
Aspect ratio. The ratio of picture width to picture height as
transmitted.
Auxiliary facility. An auxiliary facility is an antenna separate a
from the main facility's antenna, permanently installed on the same
tower or at a different location, from which a station may broadcast
for short periods without prior Commission authorization or notice to
the Commission while the main facility is not in operation (e.g., where
tower work necessitates turning off the main antenna or where lightning
has caused damage to the main antenna or transmission system) (See
Sec. 73.1675).
Effective radiated power. The product of the antenna input power
and the antenna power gain. This product should be expressed in kW and
in dB above 1 kW (dBk). (If specified for a particular direction,
effective radiated power is based on the antenna power gain in that
direction only. The licensed effective radiated power is based on the
maximum antenna power gain. When a station is authorized to use a
directional antenna or an antenna beam tilt, the direction of the
maximum effective radiated power will be specified.) Where circular or
elliptical polarization is employed, the term effective radiated power
is applied separately to the horizontally and vertically polarized
components of radiation. For assignment purposes, only the effective
radiated power authorized for the horizontally polarized component will
be considered.
Equivalent isotropically radiated power (EIRP). The term
``equivalent isotropically radiated power'' (also known as ``effective
radiated power above isotropic'') means the product of the antenna
input power and the antenna gain in a given direction relative to an
isotropic antenna.
Free space field strength. The field strength that would exist at a
point in the absence of waves reflected from the earth or other
reflecting objects.
Interlaced scanning. A scanning process in which successively
scanned lines are spaced an integral number of line widths, and in
which the adjacent lines are scanned during successive cycles of the
field frequency.
Polarization. The direction of the electric field as radiated from
the transmitting antenna.
Standard television signal. A signal which conforms to the
television transmission standards.
Synchronization. The maintenance of one operation in step with
another.
Television broadcast band. The frequencies in the band extending
from 54 to 608 megahertz which are assignable to television broadcast
stations. These frequencies are 54 to 72 megahertz (channels 2 through
4), 76 to 88 megahertz (channels 5 and 6), 174 to 216 megahertz
(channels 7 through 13), and 470 to 608 megahertz (channels 14 through
36).
Television broadcast station. A station in the television broadcast
band transmitting simultaneous visual and aural signals intended to be
received by the general public.
Television channel. A band of frequencies 6 MHz wide in the
television broadcast band and designated either by number or by the
extreme lower and upper frequencies.
Television transmission standards. The standards which determine
the characteristics of a television signal as radiated by a television
broadcast station.
Television transmitter. The radio transmitter or transmitters for
the transmission of both visual and aural signals.
Vestigial sideband transmission. A system of transmission wherein
one of the generated sidebands is partially attenuated at the
transmitter and radiated only in part.
0
34. Amend Sec. 73.682 by:
0
a. Removing and reserving paragraphs (a) through (c);
0
b. Revising paragraph (d);
0
c. Adding paragraph (e)(7); and
0
d. Removing the Note to Sec. 73.682.
The revision and addition read as follows:
Sec. 73.682 TV transmission standards.
* * * * *
(d) Broadcast television transmission standards. (1) Transmission
of broadcast television signals shall comply with the standards
(incorporated by reference, see Sec. 73.8000) for such transmissions
set forth in:
(i) ATSC A/52;
(ii) ATSC A/53, Parts 1-4 and 6: 2007 and ATSC A/53 Part 5:2010;,
and
(iii) ATSC A/65C:.
(2) Although not incorporated by reference, licensees may also
consult:
(i) ATSC A/54A: ``Recommended Practice: Guide to Use of the ATSC
Digital Television Standard, including Corrigendum No. 1,'' (December
4, 2003, Corrigendum No. 1 dated December 20, 2006, and
(ii) ATSC A/69: ``Recommended Practice PSIP Implementation
Guidelines for Broadcasters,'' (June 25, 2002).
(iii) For availability of this material, contact ATSC (see Sec.
73.8000 for contact information).
(e) * * *
(7) For additional information regarding this requirement, see
Implementation of the Commercial Advertisement Loudness Mitigation
(CALM) Act, FCC 11-182.
* * * * *
0
35. Amend Sec. 73.683 by:
0
a. Revising the section heading and paragraph (a);
0
b. Removing and reserving paragraphs (b) and (c); and
0
c. Revising paragraph (d).
The revisions read as follows:
Sec. 73.683 Presumptive determination of field strength at individual
locations.
(a) See Sec. 73.619(c). For purposes of the cross-reference from
Sec. 90.307(b), the Grade B contour is defined as the F(50,50) contour
at 64 dBu.
* * * * *
(d) For purposes of determining the eligibility of individual
households for satellite retransmission of distant network signals
under the copyright law provisions of 17 U.S.C. 119(d)(10)(A), field
strength shall be determined by the Individual Location Longley-Rice
(ILLR) propagation prediction model. Such eligibility determinations
shall consider only the signals of network stations located in the
subscriber's Designated Market Area. Guidance for use of the ILLR model
in predicting the field strength of television signals for such
determinations is provided in OET Bulletin No. 73. For availability of
OET Bulletin No. 73, contact FCC (see Sec. 73.8000 for contact
information).
* * * * *
Sec. 73.684 [Removed and Reserved]
0
36. Remove and reserve Sec. 73.684.
Sec. 73.685 [Removed and Reserved]
0
37. Remove and reserve Sec. 73.685.
0
38. Amend Sec. 73.686 by:
0
a. Revising paragraphs (c)(1)(i);
0
b. Removing and reserving paragraph (d); and
0
c. Revising paragraph (e) introductory text.
The revisions read as follows:
[[Page 8678]]
Sec. 73.686 Field strength measurements.
* * * * *
(c) * * *
(1) * * *
(i) The population (P) of the community, and its suburbs, if any,
is determined by reference to the most recent official decennial U.S.
Census population data as identified by the Media Bureau in a Public
Notice. (See Sec. 73.620(b)).
* * * * *
(e) Collection of field strength data to determine television
signal intensity at an individual location--cluster measurements--
* * * * *
0
39. Amend Sec. 73.687 by:
0
a. Removing and reserving paragraphs (a) and (b);
0
b. Revising paragraph (c) introductory text;
0
c. Removing and reserving paragraph (c)(1); and
0
d. Removing paragraph (e).
The revisions read as follows:
Sec. 73.687 Transmission system requirements.
* * * * *
(c) Requirements applicable to transmitters. (1) [Reserved].
* * * * *
0
40. Section 73.688 is amended by revising paragraph (a) to read as
follows:
Sec. 73.688 Indicating instruments.
(a) Each TV broadcast station shall be equipped with indicating
instruments which conform with the specifications described in Sec.
73.1215 for measuring the operating parameters of the last radio stage
of the transmitter, and with such other instruments as are necessary
for the proper adjustment, operation, and maintenance of the
transmitting system.
* * * * *
Sec. 73.691 [Removed and Reserved]
0
41. Remove and reserve Sec. 73.691.
Sec. 73.698 [Removed and Reserved]
0
42. Remove and reserve Sec. 73.698.
Sec. 73.699 [Amended]
0
43. Section 73.699 is amended by removing Figures 5, 5(a), 6, 7, 8, 11,
12, 16, and 17.
0
44. Section 73.1001 is amended to revise paragraph (c) to read as
follows:
Sec. 73.1001 Scope.
* * * * *
(c) Certain provisions of this subpart apply to International
Broadcast Stations (subpart F, part 73), LPFM (subpart G, part 73), and
Low Power TV and TV Translator Stations (subpart G, part 74) where the
rules for those services so provide.
* * * * *
0
45. Revise Sec. 73.1015 to read as follows:
Sec. 73.1015 Truthful written statements and responses to Commission
inquiries and correspondence.
The Commission or its representatives may, in writing, require from
any applicant, permittee, or licensee written statements of fact
relevant to a determination whether an application should be granted or
denied, or to a determination whether a license should be revoked, or
to any other matter within the jurisdiction of the Commission, or, in
the case of a proceeding to amend the Table of FM Allotments or Table
of TV Allotments, require from any person filing an expression of
interest, written statements of fact relevant to that allotment
proceeding. Any such statements of fact are subject to the provisions
of Sec. 1.17 of this chapter.
0
46. Section 73.1020 is amended by revising paragraphs (a)(1)(i) and
(ii), (2)(i) and (ii), (3)(1)(i) and (ii), (4)(1)(i) and (ii),
(5)(1)(i) and (ii), (6)(1)(i) and (ii), (7)(1)(i) and (ii), (8)(1)(i)
and (ii), (9)(1)(i) and (ii), (10)(1)(i) and (ii), (11)(1)(i) and (ii),
(12)(1)(i) and (ii), (13)(1)(i) and (ii), (14)(1)(i) and (ii),
(15)(1)(i) and (ii), (16)(1)(i) and (ii), (17)(1)(i) and (ii),
(18)(1)(i) and (ii) and (b) to read as follows:
Sec. 73.1020 Station license period.
(a) * * *
(1) * * *
(i) Radio stations, October 1, 2027.
(ii) Television stations, October 1, 2028.
(2) * * *
(i) Radio stations, December 1, 2027.
(ii) Television stations, December 1, 2028.
(3) * * *
(i) Radio stations, February 1, 2028.
(ii) Television stations, February 1, 2029.
(4) * * *
(i) Radio stations, April 1, 2028.
(ii) Television stations, April 1, 2029.
(5) * * *
(i) Radio stations, June 1, 2028.
(ii) Television stations, June 1, 2029.
(6) * * *
(i) Radio stations, August 1, 2028.
(ii) Television stations, August 1, 2029.
(7) * * *
(i) Radio stations, October 1, 2028.
(ii) Television stations, October 1, 2029.
(8) * * *
(i) Radio stations, December 1, 2028.
(ii) Television stations, December 1, 2029.
(9) * * *
(i) Radio stations, February 1, 2029.
(ii) Television stations, February 1, 2030.
(10) * * *
(i) Radio stations, April 1, 2029.
(ii) Television stations, April 1, 2030.
(11) * * *
(i) Radio stations, June 1, 2029.
(ii) Television stations, June 1, 2030.
(12) * * *
(i) Radio stations, August 1, 2029.
(ii) Television stations, August 1, 2030.
(13) * * *
(i) Radio stations, October 1, 2029.
(ii) Television stations, October 1, 2022.
(14) * * *
(i) Radio stations, December 1, 2029.
(ii) Television stations, December 1, 2022.
(15) * * *
(i) Radio stations, February 1, 2030.
(ii) Television stations, February 1, 2023.
(16) * * *
(i) Radio stations, April 1, 2030.
(ii) Television stations, April 1, 2023.
(17) * * *
(i) Radio stations, June 1, 2030.
(ii) Television stations, June 1, 2023.
(18) * * *
(i) Radio stations, August 1, 2030.
(ii) Television stations, August 1, 2023.
(b) For the deadline for filing petitions to deny renewal
applications, see Sec. 73.3516(e).
* * * * *
0
47. Section 73.1030 is amended by revising paragraphs (a)(1) and (b)(2)
to read as follows:
Sec. 73.1030 Notifications concerning interference to radio
astronomy, research and receiving installations.
(a) ***(1) Radio astronomy and radio research installations. In
order to minimize harmful interference at the National Radio Astronomy
Observatory site located at Green, Pocahontas County, West Virginia,
and at the Naval Radio Research Observatory at Sugar Grove, Pendleton
County, West Virginia, a licensee proposing to operate a short-term
broadcast auxiliary station pursuant to Sec. 74.24, and any applicant
for authority to construct a new broadcast station, or for authority to
make changes in the frequency, power, antenna height, or antenna
directivity of an existing station within the area bounded by
39[deg]15' N on the north, 78[deg]30' W on the east, 37[deg]30' N on
the south, and 80[deg]30' W on the west, shall notify the Interference
Office, National
[[Page 8679]]
Radio Astronomy Observatory, P.O. Box 2, Green Bank, West Virginia
24944. Telephone: (304) 456-2011; Email: [email protected]. * * *
* * * * *
(b) * * *
(2) Applicants concerned are urged to communicate with the Radio
Frequency Management Coordinator, Institute for Telecommunication
Sciences, 325 Broadway, Boulder, CO 80305; telephone (303) 497-4220,
email [email protected], in advance of filing their
applications with the Commission.
0
48. Amend Sec. 73.1201 by:
0
a. Revising paragraph (b)(1);
0
b. Removing and reserving paragraph (d); and
0
c. Adding paragraph (e):
The revisions and additions read as follows:
Sec. 73.1201 Station identification.
* * * * *
(b) * * *
(1) Official station identification shall consist of the station's
call letters immediately followed by the community or communities
specified in its license as the station's location; Provided, That the
name of the licensee, the station's frequency, the station's channel
number, as stated on the station's license, and/or the station's
network affiliation may be inserted between the call letters and
station location. TV stations, or DAB Stations, choosing to include the
station's channel number in the station identification must use the
station's major channel number and may distinguish multicast program
streams. For example, a TV station with major channel number 26 may use
26.1 to identify an HDTV program service and 26.2 to identify an SDTV
program service. A TV station that is devoting one of its multicast
streams to transmit the programming of another television licensee must
identify itself and may also identify the licensee that it is
transmitting. If a TV station in this situation chooses to identify the
station that is the source of the programming it is transmitting, it
must use the following format: Station WYYY, community of license (call
sign and community of license of the station whose multicast stream is
transmitting the programming), bringing you WXXX, community of license
(call sign and community of license of the licensee providing the
programming). The transmitting station may insert between its call
letters and its community of license the following information: the
frequency of the transmitting station, the channel number of the
transmitting station, the name of the licensee of the transmitting
station and the licensee providing the programming, and/or the name of
the network of either station. Where a multicast station is carrying
the programming of another station and is identifying that station as
the source of the programming, using the format described above, the
identification may not include the frequency or channel number of the
program source. A radio station operating in DAB hybrid mode or
extended hybrid mode shall identify its digital signal, including any
free multicast audio programming streams, in a manner that
appropriately alerts its audience to the fact that it is listening to a
digital audio broadcast. No other insertion between the station's call
letters and the community or communities specified in its license is
permissible.
* * * * *
(e) Transport Stream ID (TSID) values are identification numbers
assigned to stations by the FCC and stored in the Commission's online
database. Two sequential values are assigned to each station.
(1) All TV and Class A TV stations shall transmit their assigned
odd-numbered TSID.
(2) In ATSC 3.0, a similar value is used called a Bit Stream ID
(BSID). Stations operating in ATSC 3.0 mode shall utilize their
assigned even-numbered TSID as their BSID, consistent with paragraph
(1) of this section.
0
49. Section 73.1207 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 73.1207 Rebroadcasts.
* * * * *
(b) * * *
* * * * *
(2) Permission must be obtained from the originating station to
rebroadcast any subsidiary communications transmitted by means of a
multiplex subcarrier.
* * * * *
0
50. Section 73.1216 is amended by adding paragraphs (a)(1) through (3)
and (d), and removing Notes 1, 2 and 3 to read as follows:
Sec. 73.1216 Licensee-conducted contests.
(a) * * *
(1) A contest is a scheme in which a prize is offered or awarded,
based upon chance, diligence, knowledge or skill, to members of the
public;
(2) Material terms include those factors which define the operation
of the contest and which affect participation therein. Although the
material terms may vary widely depending upon the exact nature of the
contest, they will generally include: How to enter or participate;
eligibility restrictions; entry deadline dates; whether prizes can be
won; when prizes can be won; the extent, nature and value of prizes;
basis for valuation of prizes; time and means of selection of winners;
and/or tie-breaking procedures.
(3) In general, the time and manner of disclosure of the material
terms of a contest are within the licensee's discretion. However, the
obligation to disclose the material terms arises at the time the
audience is first told how to enter or participate and continues
thereafter.
* * * * *
(d) This section is not applicable to licensee-conducted contests
not broadcast or advertised to the general public or to a substantial
segment thereof, to contests in which the general public is not
requested or permitted to participate, to the commercial advertisement
of non-licensee-conducted contests, or to a contest conducted by a non-
broadcast division of the licensee or by a non-broadcast company
related to the licensee.
0
51. Revise Sec. 73.1217 to read as follows:
Sec. 73.1217 Broadcast hoaxes.
(a) No licensee or permittee of any broadcast station shall
broadcast false information concerning a crime or a catastrophe if:
(1) The licensee knows this information is false;
(2) It is foreseeable that broadcast of the information will cause
substantial public harm, and
(3) Broadcast of the information does in fact directly cause
substantial public harm.
(b) Any programming accompanied by a disclaimer will be presumed
not to pose foreseeable harm if the disclaimer clearly characterizes
the program as a fiction and is presented in a way that is reasonable
under the circumstances.
(c) For purposes of this rule, ``public harm'' must begin
immediately, and cause direct and actual damage to property or to the
health or safety of the general public, or diversion of law enforcement
or other public health and safety authorities from their duties. The
public harm will be deemed foreseeable if the licensee could expect
with a significant degree of certainty that public harm would occur. A
``crime'' is any act or omission that makes the offender subject to
criminal punishment by law. A ``catastrophe'' is a disaster or imminent
disaster involving violent or sudden event affecting the public.
[[Page 8680]]
0
52. Section 73.1250 is amended by revising paragraph (e) to read as
follows:
Sec. 73.1250 Broadcasting emergency information.
* * * * *
(e) Immediately upon cessation of an emergency during which
broadcast facilities were used for the transmission of point-to-point
messages under paragraph (b) of this section, or when daytime
facilities were used during nighttime hours by an AM station in
accordance with paragraph (f) of this section, a report in letter form
shall be forwarded to the FCC's main office indicated in 47 CFR
0.401(a) setting forth the nature of the emergency, the dates and hours
of the broadcasting of emergency information, and a brief description
of the material carried during the emergency. A certification of
compliance with the noncommercialization provision of paragraph (f) of
this section must accompany the report where daytime facilities are
used during nighttime hours by an AM station, together with a detailed
showing, under the provisions of that paragraph, that no other
broadcast service existed or was adequate.
* * * * *
0
53. Section 73.1350 is amended by removing and reserving paragraph
(f)(3) and revising paragraph (h) to read as follows:
Sec. 73.1350 Transmission system operation.
* * * * *
(h) Whenever a transmission system control point is established at
a location other than the main studio or transmitter, a letter of
notification of that location must be sent to the FCC via a Change of
Control Point Notice in LMS, within 3 days of the initial use of that
point. The letter should include a list of all control points in use,
for clarity. This notification is not required if responsible station
personnel can be contacted at the transmitter or studio site during
hours of operation.
* * * * *
0
54. Section 73.1540 is amended by revising paragraph (a) to read as
follows:
Sec. 73.1540 Carrier frequency measurements.
(a) The carrier frequency of each AM and FM station shall be
measured or determined as often as necessary to ensure that they are
maintained within the prescribed tolerances.
* * * * *
Sec. 73.1545 [Amended]
0
55. Section 73.1545 is amended by removing and reserving paragraph (c),
and removing paragraph (e) and the Note to paragraph (e).
0
56. Amend Sec. 73.1560 by:
0
a. Revising paragraphs (a)(1) and (c)(1);
0
b. Removing and reserving paragraph (c)(2); and
0
c. Revising paragraph (d).
The revisions read as follows:
Sec. 73.1560 Operating power and mode tolerances.
(a) * * *
(1) Except for AM stations using modulation dependent carrier level
(MDCL) control technology, or as provided for in paragraph (d) of this
section, the antenna input power of an AM station, as determined by the
procedures specified in Sec. 73.51, must be maintained as near as
practicable to the authorized antenna input power and may not be less
than 90 percent nor greater than 105 percent of the authorized power.
AM stations may, without prior Commission authority, commence MDCL
control technology use, provided that within 10 days after commencing
such operation, the licensee submits an electronic notification of
commencement of MDCL control operation using FCC Form 2100 Schedule
338. The transmitter of an AM station operating using MDCL control
technology, regardless of the MDCL control technology employed, must
achieve full licensed power at some audio input level or when the MDCL
control technology is disabled. MDCL control operation must be disabled
before field strength measurements on the station are taken.
* * * * *
(c) * * *
(1) Except as provided in paragraph (d) of this section, the output
power of a TV or Class A TV transmitter, as determined by the
procedures specified in Sec. 73.664, must be maintained as near as is
practicable to the authorized transmitter output power and may not be
less than 80% nor more than 110% of the authorized power.
* * * * *
(d) Reduced power operation. In the event it becomes technically
impossible to operate at authorized power, a broadcast station may
operate at reduced power for a period of not more than 30 days without
specific authority from the FCC. If operation at reduced power will
exceed 10 consecutive days, notification must be made to the FCC in a
Reduced Power Notification via LMS, not later than the 10th day of the
lower power operation. In the event that normal power is restored
within the 30 day period, the licensee must notify the FCC of the date
that normal operation was restored. If causes beyond the control of the
licensee prevent restoration of the authorized power within 30 days, a
request for Special Temporary Authority (see Sec. 73.1635) must be
made to the FCC via LMS for additional time as may be necessary.
Sec. 73.1570 Modulation levels: AM and FM.
0
57. Section 73.1570 is amended by revising the section heading to read
as set forth above and removing and reserving paragraph (b)(3).
Sec. 73.1590 [Amended]
0
58. Section 73.1590 is amended by removing and reserving paragraphs
(a)(5), (c)(1), and (3).
0
59. Section 73.1615 is amended by revising paragraphs (b)(3) and (c)(1)
to read as follows:
Sec. 73.1615 Operating during modification of facilities.
* * * * *
(b) * * *
(3) Operate in a nondirectional mode during the presently licensed
hours of directional operation with power reduced to 25% or less of the
nominal licensed power, or whatever higher power, not exceeding
licensed power, will insure that the radiated field strength specified
by the license is not exceeded at any given azimuth for the
corresponding hours of directional operation, or
* * * * *
(c) * * *
(1) Should it be necessary to continue the procedures in either
paragraph (a) or (b) of this section beyond 30 days, a Silent STA
application or an Engineering STA application must be filed via LMS.
* * * * *
0
60. Section 73.1620 is amended by revising paragraphs (a)(1) through
(3), and removing paragraphs (f) and (g) to read as follows:
Sec. 73.1620 Program tests.
(a) * * *
(1) The permittee of a nondirectional AM or FM station, or a
nondirectional or directional TV or Class A TV station, may begin
program tests upon notification to the FCC in a ``Program Test
Authority'' filing via LMS provided that within 10 days thereafter, an
application for a license is filed with the FCC in Washington, DC.
Television, Class A, TV translator, and low power television broadcast
stations authorized on channel 14 must comply with Sec.
73.617(b)(2)(ii).
(2) The permittee of an FM station with a directional antenna
system must file an application for license on FCC
[[Page 8681]]
Form 2100 Schedule 302-FM in LMS requesting authority to commence
program test operations at full power. This license application must be
filed at least 10 days prior to the date on which full power operations
are desired to commence. The application for license must contain any
exhibits called for by conditions on the construction permit. The staff
will review the license application and the request for program test
authority and issue a letter notifying the applicant whether full power
operation has been approved. Upon filing of the license application and
related exhibits, and while awaiting approval of full power operation,
the FM permittee may operate the directional antenna at one half (50%)
of the authorized effective radiated power. Alternatively, the
permittee may continue operation with its existing licensed facilities
pending the issuance of program test authority at the full effective
radiated power by the staff.
(3) FM licensees replacing a directional antenna pursuant to Sec.
73.1690 (c)(2) without changes which require a construction permit (see
Sec. 73.1690(b)) may immediately commence program test operations with
the new antenna at one half (50%) of the authorized ERP upon
installation. If the directional antenna replacement is an EXACT
duplicate of the antenna being replaced (i.e., same manufacturer,
antenna model number, and measured composite pattern), program tests
may commence with the new antenna at the full authorized power upon
installation. The licensee must file a modification of license
application on FCC Form 2100 Schedule 302-FM within 10 days of
commencing operations with the newly installed antenna, and the license
application must contain all of the exhibits required by Sec.
73.1690(c)(2). After review of the modification-of-license application
to cover the antenna change, the Commission will issue a letter
notifying the applicant whether program test operation at the full
authorized power has been approved for the replacement directional
antenna.
* * * * *
0
61. Section 73.1635 is amended by revising paragraphs (a)(2), (3), and
(5) to read as follows:
Sec. 73.1635 Special temporary authorizations (STA).
(a) * * *
(2) The request is to be filed electronically in LMS using the
``Engineering STA Application'' and shall fully describe the proposed
operation and the necessity for the requested STA. Such letter requests
shall be signed by the licensee or the licensee's representative.
(3) A request for a STA necessitated by unforeseen equipment damage
or failure may be made without regard to the procedural requirements of
this section (e.g., via email or telephone). Any request made pursuant
to this paragraph shall be followed by a written confirmation request
conforming to the requirements of paragraph (a)(2) of this section.
Confirmation requests shall be submitted within 24 hours. (See also
Sec. 73.1680 Emergency Antennas).
* * * * *
(5) Certain rules specify special considerations and procedures in
situations requiring an STA or permit temporary operation at variance
without prior authorization from the FCC when notification is filed as
prescribed in the particular rules. See Sec. 73.62, Directional
antenna system tolerances; Sec. 73.157, Antenna testing during
daytime; Sec. 73.158, Directional antenna monitoring points; Sec.
73.1250, Broadcasting emergency information; Sec. 73.1350,
Transmission system operation; Sec. 73.1560, Operating power and mode
tolerances; Sec. 73.1570, Modulation levels: AM, and FM; Sec.
73.1615, Operation during modification of facilities; Sec. 73.1680,
Emergency antennas; and Sec. 73.1740, Minimum operating schedule.
* * * * *
0
62. Section 73.1675 is amended by revising paragraphs (a)(1)(iii) and
(b) to read as follows:
Sec. 73.1675 Auxiliary antennas.
(a) * * *
(1) * * *
(iii) TV stations: The noise limited contour as defined in Sec.
73.619(c).
* * * * *
(b) An application for a construction permit to install a new
auxiliary antenna, or to make changes in an existing auxiliary antenna
for which prior FCC authorization is required (see Sec. 73.1690), must
be filed electronically in LMS using FCC Form 2100 (see Sec. 73.3500
for Schedules) for TV and FM stations, or on FCC Form 2100, Schedule
340 for noncommercial educational FM stations, and on FCC Form 301 for
AM stations.
* * * * *
0
63. Section 73.1690 is amended by revising paragraphs (b) introductory
text, (b)(3), and (c)(3) to read as follows:
Sec. 73.1690 Modification of transmission systems.
* * * * *
(b) The following changes may be made only after the grant of a
construction permit application on FCC Form 2100 (see Sec. 73.3500 for
Schedules) for TV and FM stations, Form 301 for AM stations, or Form
2100, Schedule 340 for noncommercial educational stations:
* * * * *
(3) Any change which would require an increase along any azimuth in
the composite directional antenna pattern of an FM station from the
composite directional antenna pattern authorized (see Sec. 73.316), or
any increase from the authorized directional antenna pattern for a TV
broadcast (see Sec. 73.625) or Class A TV station (see Sec. 73.6025).
* * * * *
(c) * * *
(3) A directional TV on Channels 2 through 13 or 22 through 36 or a
directional Class A TV on Channels 2 through 13 or 22 through 36, or a
directional TV or Class A TV station on Channels 15 through 21 which is
in excess of 341 km (212 miles) from a cochannel land mobile operation
or in excess of 225 km (140 miles) from a first-adjacent channel land
mobile operation (see Sec. 74.709(a) and (b) of this chapter for
tables of urban areas and reference coordinates of potentially affected
land mobile operations), may replace a directional TV or Class A TV
antenna by a license modification application, if the proposed
horizontal theoretical directional antenna pattern does not exceed the
licensed horizontal directional antenna pattern at any azimuth and
where no change in effective radiated power will result. The
modification of license application on Form 2100 (see Sec. 73.3500 for
Schedules) must contain all of the data set forth in Sec. 73.625(c)(3)
or Sec. 73.6025(a), as applicable.
* * * * *
0
64. Section 73.1740 is amended by revising paragraph (a)(4) to read as
follows:
Sec. 73.1740 Minimum operating schedule.
(a) * * *
(4) In the event that causes beyond the control of a licensee make
it impossible to adhere to the operating schedule of this section or to
continue operating, the station may limit or discontinue operation for
a period of not more than 30 days without further authority from the
FCC. A ``Reduced Power'' or ``Suspension of Operation'' Notification
must be made via LMS not later than the 10th day of limited or
discontinued operation. During such period, the licensee shall continue
to adhere to the requirements in the station license pertaining to the
lighting of antenna structures. In the event normal
[[Page 8682]]
operation is restored prior to the expiration of the 30 day period, the
licensee will so notify the FCC of this date. If the causes beyond the
control of the licensee make it impossible to comply within the allowed
period, informal written request shall be made to the FCC no later than
the 30th day for such additional time as may be deemed necessary.
* * * * *
0
65. Revise Sec. 73.1750 to read as follows:
Sec. 73.1750 Discontinuance of operation.
The licensee of each station shall provide notification to the FCC
in a ``Cancellation Application'' via LMS of the permanent
discontinuance of operation at least two days before operation is
discontinued. Immediately after discontinuance of operation, the
licensee shall forward the station license and other instruments of
authorization to the FCC, Attention: Audio Division (radio) or Video
Division (television), Media Bureau, for cancellation. The license of
any station that fails to transmit broadcast signals for any
consecutive 12 month period expires as a matter of law at the end of
that period, notwithstanding any provision, term, or condition of the
license to the contrary. If a licensee surrenders its license pursuant
to an interference reduction agreement, and its surrender is contingent
on the grant of another application, the licensee must identify in its
notification the contingencies involved.
0
66. Section 73.2080 is amended by revising paragraphs (c)(6) and (f)(1)
through (5) to read as follows:
Sec. 73.2080 Equal employment opportunities (EEO).
* * * * *
(c) * * *
(6) Annually, on the anniversary of the date a station is due to
file its renewal application, the station shall place in its public
file, maintained pursuant to Sec. 73.3526 or Sec. 73.3527, and on its
website, if it has one, an EEO public file report containing the
following information (although if any broadcast licensee acquires a
station pursuant to FCC Form 2100 Schedule 314 or FCC Form 2100
Schedule 315 during the twelve months covered by the EEO public file
report, its EEO public file report shall cover the period starting with
the date it acquired the station):
* * * * *
(f) * * *
(1) All broadcast stations, including those that are part of an
employment unit with fewer than five full-time employees, shall file a
Broadcast Equal Employment Opportunity Program Report (Form 2100
Schedule 396) with their renewal application. Form 2100 Schedule 396 is
filed on the date the station is due to file its application for
renewal of license. If a broadcast licensee acquires a station pursuant
to FCC Form 2100 Schedule 314 or FCC Form 2100 Schedule 315 during the
period that is to form the basis for the Form 2100 Schedule 396,
information provided on its Form 2100 Schedule 396 should cover the
licensee's EEO recruitment activity during the period starting with the
date it acquired the station. Stations are required to maintain a copy
of their Form 2100 Schedule 396 in the station's public file in
accordance with the provisions of Sec. Sec. 73.3526 and 73.3527.
(2) The Commission will conduct a mid-term review of the employment
practices of each broadcast television station that is part of an
employment unit of five or more full-time employees and each radio
station that is part of an employment unit of eleven or more full-time
employees, four years following the station's most recent license
expiration date as specified in Sec. 73.1020. If a broadcast licensee
acquires a station pursuant to FCC Form 2100 Schedule 314 or FCC Form
2100 Schedule 315 during the period that is to form the basis for the
mid-term review, that review will cover the licensee's EEO recruitment
activity during the period starting with the date it acquired the
station.
(3) If a station is subject to a time brokerage agreement, the
licensee shall file Form 2100 Schedule 396 and EEO public file reports
concerning only its own recruitment activity. If a licensee is a broker
of another station or stations, the licensee-broker shall include its
recruitment activity for the brokered station(s) in determining the
bases of Form 2100 Schedule 396 and the EEO public file reports for its
own station. If a licensee-broker owns more than one station, it shall
include its recruitment activity for the brokered station in the Form
2100 Schedule 396 and EEO public file reports filed for its own station
that is most closely affiliated with, and in the same market as, the
brokered station. If a licensee-broker does not own a station in the
same market as the brokered station, then it shall include its
recruitment activity for the brokered station in the Form 2100 Schedule
396 and EEO public file reports filed for its own station that is
geographically closest to the brokered station.
(4) Broadcast stations subject to this section shall maintain
records of their recruitment activity necessary to demonstrate that
they are in compliance with the EEO rule. Stations shall ensure that
they maintain records sufficient to verify the accuracy of information
provided in Form 2100 Schedule 396 and EEO public file reports. To
determine compliance with the EEO rule, the Commission may conduct
inquiries of licensees at random or if it has evidence of a possible
violation of the EEO rule. In addition, the Commission will conduct
random audits. Specifically, each year approximately five percent of
all licensees in the television and radio services will be randomly
selected for audit, ensuring that, even though the number of radio
licensees is significantly larger than television licensees, both
services are represented in the audit process. Upon request, stations
shall make records available to the Commission for its review.
(5) The public may file complaints throughout the license term
based on the contents of a station's public file. Provisions concerning
filing, withdrawing, or non-filing of informal objections or petitions
to deny license renewal, assignment, or transfer applications are
delineated in Sec. Sec. 73.3584 and 73.3587-3589 of the Commission's
rules.
* * * * *
0
67. Section 73.3500 is amended by revising paragraphs (a) and (b) and
removing paragraph (b)(1) to read as follows:
Sec. 73.3500 Application and report forms.
(a) Following are the FCC broadcast application and report forms,
listed by number.
------------------------------------------------------------------------
Form No. Title
------------------------------------------------------------------------
175............................... Application to Participate in an FCC
Auction.
301............................... Application for Construction Permit
for a Commercial Broadcast Station.
(the Form 301 is used for new AM
construction permits or AM station
modifications).
2100 Schedule A................... Application for Authority to
Construct or Make Changes in a TV
Commercial Broadcast/Noncommercial
Educational Broadcast Station.
[[Page 8683]]
2100 Schedule 301-FM.............. Application for Commercial FM
Station Construction Permit.
302-AM............................ Application for AM Broadcast Station
License.
2100 Schedule E................... Application for Class A Television
Broadcasting Station Construction
Permit.
2100 Schedule 302-FM.............. Application for FM Station License.
2100 Schedule B................... Application for Television Broadcast
Station License.
2100 Schedule F................... Application for Class A Television
Broadcast Station License.
2100 Schedule 303-S............... Application for Renewal of License
for Commercial or Noncommercial AM,
FM, TV, Class A TV, FM Translator,
TV Translator, LPTV, or LPFM
Station.
308............................... Application for Permit to Deliver
Programs to Foreign Broadcast
Stations.
309............................... Application for Authority to
Construct or Make Changes in an
International or Experimental
Broadcast Station.
310............................... Application for an International or
Experimental Broadcast Station
License.
311............................... Application for Renewal of an
International or Experimental
Broadcast Station License.
2100 Schedule 314................. Application for Consent to
Assignment of Broadcast Station
Construction Permit or License.
2100 Schedule 315................. Application for Consent to Transfer
of Control of Entity Holding
Broadcast Station Construction
Permit or License.
2100 Schedule 316................. Application for Consent to Assign
Broadcast Station Construction
Permit or License or Transfer
Control of Entity Holding Broadcast
Station Construction Permit or
License.
2100 Schedule 318................. Application for Low Power FM Station
Construction Permit.
2100 Schedule 319................. Application for Low Power FM Station
License.
323............................... Ownership Report for Commercial
Broadcast Stations.
323-E............................. Ownership Report for Noncommercial
Educational Broadcast Stations.
2100 Schedule 340................. Application for Noncommercial
Educational FM Station Construction
Permit.
2100 Schedule 345................. Application for Consent to Assign
Construction Permit or License for
TV or FM Translator or Low Power TV
Station, or to Transfer Control of
Entity Holding TV or FM Translator
or Low Power TV Station.
2100 Schedule C................... Application for Authority to
Construct or Make Changes in a Low
Power TV or TV Translator Station.
2100 Schedule D................... Application for a Low Power TV or TV
Translator Station License.
2100 Schedule 349................. Application for FM Translator or FM
Booster Station Construction
Permit.
2100 Schedule 350................. Application for FM Translator or FM
Booster Station License.
395-B............................. Annual Employment Report and
instructions.
2100 Schedule 396................. Broadcast Equal Employment
Opportunity Program Report.
2100 Schedule 396-A............... Broadcast Equal Employment
Opportunity Model Program Report.
2100 Schedule H................... Children's Television Programming
Report.
601............................... FCC Application for Wireless
Telecommunications Bureau Radio
Service Authorization.
603............................... FCC Wireless Telecommunications
Bureau Application for Assignments
of Authorization and Transfers of
Control.
------------------------------------------------------------------------
(b) Any application on Form 2100 must be filed electronically.
0
68. Section 73.3516 is amended by revising paragraphs (e) introductory
text and (e)(1) to read as follows:
Sec. 73.3516 Specification of facilities.
* * * * *
(e) A petition to deny an application for renewal of license of an
existing broadcast station will be considered as timely filed if it is
tendered for filing by the end of the first day of the last full
calendar month of the expiring license term.
(1) If the license renewal application is not timely filed as
prescribed in Sec. 73.3539, the deadline for filing petitions to deny
thereto is the 90th day after the FCC gives public notice that it has
accepted the late-filed renewal application for filing.
* * * * *
0
69. Section 73.3519 is amended by revising paragraph (a) to read as
follows:
Sec. 73.3519 Repetitious applications.
(a) Where the FCC has denied an application for a new station or
for any modification of services or facilities, or dismissed such
application with prejudice, no like application involving service of
the same kind for substantially the same area by substantially the same
applicant, or his successor or assignee, or on behalf or for the
benefit of the original parties in interest, may be filed within 12
months from the effective date of the FCC's action.
* * * * *
0
70. Revise Sec. 73.3521 to read as follows:
Sec. 73.3521 Mutually exclusive applications for low power
television, and television translator stations.
When there is a pending application for a new low power television
or television translator station, or for major changes in an existing
station, no other application which would be directly mutually
exclusive with the pending application may be filed by the same
applicant or by any applicant in which any individual in common with
the pending application has any interest, direct or indirect, except
that interests or less than 1% will not be considered.
Sec. 73.3523 [Removed and Reserved]
0
71. Remove and reserve Sec. 73.3523.
0
72. Section 73.3525 is amended by revising paragraphs (a) introductory
text and (b) and removing the Note to read as follows:
Sec. 73.3525 Agreements for removing application conflicts.
(a) Whenever applicants for a construction permit for a broadcast
station enter into an agreement to procure the removal of a conflict
between applications pending before the FCC by withdrawal or amendment
of an application or by its dismissal pursuant to Sec. 73.3568, all
parties thereto shall, within 5 days after entering into the agreement,
file with the FCC a joint request for approval of such agreement. The
joint request shall be accompanied by a copy of the agreement,
including any ancillary agreements, and an affidavit of each party to
the agreement setting forth:
* * * * *
(b) Except where a joint request is filed pursuant to paragraph (a)
of this section, any applicant filing an amendment pursuant to Sec.
73.3522(b)(1) and (c), or a request for dismissal pursuant to Sec.
73.3568(b)(1) and (c), which would remove a conflict with another
pending application; or a petition for leave to amend pursuant to Sec.
73.3522(b)(2) which would permit a
[[Page 8684]]
grant of the amended application or an application previously in
conflict with the amended application; or a request for dismissal
pursuant to Sec. 73.3568(b)(2), shall file with it an affidavit as to
whether or not consideration (including an agreement for merger of
interests) has been promised to or received by such applicant, directly
or indirectly, in connection with the amendment, petition or request.
Although Sec. 74.780 of the Rules makes this section generally
applicable to low power TV and TV translators stations, paragraph (b)
of this section shall not be applicable to such stations.
* * * * *
0
73. Amend Sec. 73.3533 by:
0
a. Revising paragraphs (a)(1), (4) through (7);
0
b. Adding paragraph (a)(8); and
0
c. Revising paragraph (b).
The revisions and additions read as follows:
Sec. 73.3533 Application for construction permit or modification of
construction permit.
(a) * * *
(1) FCC Form 2100, Schedule A (TV); FCC Form 2100, Schedule 301-FM
(FM), ``Application for Authority to Construct or Make Changes in an
Existing Commercial Broadcast Station.''
* * * * *
(4) FCC Form 2100, Schedule A (TV); FCC Form 2100, Schedule 340
(FM), ``Application for Authority to Construct or Make Changes in a
Noncommercial Educational Broadcast Station.''
(5) FCC Form 2100, Schedule C, ``Application for Authority to
Construct or Make Changes in a Low Power TV or TV Translator Station.''
(6) FCC Form 2100, Schedule 349, ``Application for Authority to
Construct or Make Changes in an FM Translator or FM Booster Station.''
(7) FCC Form 2100, Schedule 318, ``Application for Construction
Permit for a Low Power FM Broadcast Station.''
(8) FCC Form 2100, Schedule E, ``Application for Authority to Make
Changes in a Class A TV Station.''
(b) The filing of an application for modification of construction
permit does not extend the expiration date of the construction permit.
* * * * *
0
74. Section 73.3536 is amended by revising paragraphs (b)(1)(ii) and
(iii), (b)(4) through (6), and (c) to read as follows:
Sec. 73.3536 Application for license to cover construction permit.
* * * * *
(b) * * *
(1) * * *
(ii) Form 2100, Schedule 302-FM for FM stations, ``Application for
FM Station License.''
(iii) Form 2100, Schedule B for television stations, ``Application
for TV Station Broadcast License.''
* * * * *
(4) FCC Form 2100, Schedule D, ``Application for a Low Power TV or
TV Translator Station License.''
(5) FCC Form 2100, Schedule 350, ``Application for an FM Translator
or FM Booster Station License.''
(6) FCC Form 2100, Schedule 319, ``Application for a Low Power FM
Broadcast Station License.''
(c) Eligible low power television stations which have been granted
a certificate of eligibility may file FCC Form 2100, Schedule F,
``Application for Class A Television Broadcast Station License.''
0
75. Section 73.3540 is amended by revising paragraphs (c) through (e),
and (f) introductory text to read as follows:
Sec. 73.3540 Application for voluntary assignment or transfer of
control.
* * * * *
(c) Application for consent to the assignment of construction
permit or license must be filed on FCC Form 2100 Schedule 314
``Assignment of License or Construction Permit'' or FCC Form 2100
Schedule 316 (See paragraph (f) of this section). For International
Broadcast Stations, the application shall be filed electronically in
the International Bureau Filing System (IBFS).
(d) Application for consent to the transfer of control of an entity
holding a construction permit or license must be filed on FCC Form 2100
Schedule 315 ``Transfer of Control'' or FCC Form 2100 Schedule 316 (see
paragraph (f) of this section). For International Broadcast Stations,
applications shall be filed electronically in IBFS.
(e) Application for consent to the assignment of construction
permit or license or to the transfer of control of an entity licensee
or permittee for an FM or TV translator station, a low power TV station
and any associated auxiliary station, such as translator microwave
relay stations and UHF translator booster stations, only must be filed
on FCC Form 2100 Schedule 345 ``Application for Consent to Assign
Construction Permit or License for TV or FM Translator or Low Power TV
Station or to Transfer Control of Entity Holding TV or FM Translator,
or a Low Power TV Station.''
(f) The following assignment or transfer applications may be filed
on FCC Form 2100 Schedule 316:
* * * * *
0
76. Section 73.3541 is amended by revising paragraph (b) to read as
follows:
Sec. 73.3541 Application for involuntary assignment of license or
transfer of control.
* * * * *
(b) Within 30 days after the occurrence of such death or legal
disability, an application on FCC Form 2100 Schedule 316 shall be filed
requesting consent to involuntary assignment of such permit or license
or for involuntary transfer of control of the entity holding such
permit or license, to a person or entity legally qualified to succeed
to the foregoing interests under the laws of the place having
jurisdiction over the estate involved.
Sec. 73.3543 [Removed]
0
77. Remove Sec. 73.3543.
0
78. Section 73.3544 is amended by revising paragraphs (b) introductory
text and paragraph (c) to read as follows:
Sec. 73.3544 Application to obtain a modified station license.
* * * * *
(b) An electronic filing via LMS of an Administrative Update, see
Sec. 73.3511(b), may be filed with the FCC, to cover the following
changes:
* * * * *
(c) A change in the name of the licensee where no change in
ownership or control is involved may be accomplished by electronically
filing via LMS an Administrative Update.
0
79. Revise Sec. 73.3549 to read as follows:
Sec. 73.3549 Requests for extension of time to operate without
required monitors, indicating instruments, and EAS encoders and
decoders.
Requests for extension of authority to operate without required
monitors, transmission system indicating instruments, or encoders and
decoders for monitoring and generating the EAS codes and Attention
Signal should be made to the FCC by electronically filing via LMS a
STA. Such requests must contain information as to when and what steps
were taken to repair or replace the defective equipment and a brief
description of the alternative procedures being used while the
equipment is out of service.
0
80. Section 73.3550 is amended by revising paragraphs (a), (b), (f),
(i) through (k), and (m) to read as follows:
[[Page 8685]]
Sec. 73.3550 Requests for new or modified call sign assignments.
(a) All requests for new or modified call sign assignments for
radio and television broadcast stations shall be made via LMS with the
FCC. Licensees and permittees may utilize LMS to determine the
availability and licensing status of any call sign; to select an
initial call sign for a new station; to change a station's currently
assigned call sign; to modify an existing call sign by adding or
deleting an ``-FM,'' ``-TV,'' or ``-DT'' suffix; to exchange call signs
with another licensee or permittee in the same service; or to reserve a
different call sign for a station being transferred or assigned.
(b) No request for an initial call sign assignment will be accepted
from a permittee for a new radio or full-service television station
until the FCC has granted a construction permit. Each such permittee
shall request the assignment of its station's initial call sign
expeditiously following the grant of its construction permit. All
initial construction permits for low power TV stations will be issued
with a low power TV call sign in accordance with Sec. 74.791(a) of
this chapter.
* * * * *
(f) Only four-letter call signs (plus an LP, FM, TV, DT, or CA
suffix, if used) will be assigned. The four letter call sign for LPFM
stations will be followed by the suffix ``-LP.'' However, subject to
the other provisions of this section, a call sign of a station may be
conformed to a commonly owned station holding a three-letter call
assignment (plus FM, TV, DT, CA or LP suffixes, if used).
* * * * *
(i) The provisions of this section shall not apply to International
broadcast stations or to stations authorized under part 74 of this
chapter (except as provided in Sec. 74.791).
(j) A change in call sign assignment will be made effective on the
date specified in the Call Sign Request Authorization generated by LMS
acknowledging the assignment of the requested new call sign and
authorizing the change. Unless the requested change in call sign
assignment is subject to a pending transfer or assignment application,
the requester is required to include in its on-line call sign request a
specific effective date to take place within 45 days of the submission
of its electronic call sign request. Postponement of the effective date
will be granted only in response to a timely request and for only the
most compelling reasons.
(k) Four-letter combinations commencing with ``W'' or ``K'' which
are assigned as call signs to ships or to other radio services are not
available for assignment to broadcast stations, with or without the ``-
FM,'' ``-TV,'' or ``-DT'' suffix.
* * * * *
(m) Where a requested call sign, without the ``-FM,' ``-TV,'' ``-
CA,'' ``-DT,'' or ``-LP'' suffix, would conform to the call sign of any
other non-commonly owned station(s) operating in a different service,
an applicant utilizing the on-line reservation and authorization system
will be required to certify that consent to use the secondary call sign
has been obtained from the holder of the primary call sign.
0
81. Section 73.3555 is amended by revising paragraph (b)(1)(i) to read
as follows:
Sec. 73.3555 Multiple ownership.
* * * * *
(b) * * *
(1) * * *
(i) The digital noise limited service contours of the stations
(computed in accordance with Sec. 73.619(c)) do not overlap; or
* * * * *
0
82. Amend Sec. 73.3572 by:
0
a. Revising the section heading, paragraphs (a)(2) through (3);
0
b. Removing and reserving paragraph (a)(4);
0
c. Revising paragraphs (c) and (f); and
0
d. Removing paragraphs (g) and (h).
The revisions read as follows:
Sec. 73.3572 Processing of TV broadcast, Class A TV broadcast, low
power TV, and TV translators applications.
(a) * * * (2) In the case of Class A TV stations authorized under
subpart J of this part and low power TV and TV translator stations
authorized under part 74 of this chapter, a major change is any change
in:
* * * * *
(3) Other changes will be considered minor, including changes made
to implement a channel sharing arrangement, provided they comply with
the other provisions of this section.
* * * * *
(c) Amendments to Class A TV, low power TV and TV translator
stations, or non-reserved television applications, which would require
a new file number pursuant to paragraph (b) of this section, are
subject to competitive bidding procedures and will be dismissed if
filed outside a specified filing period. See 47 CFR 73.5002(a). When an
amendment to an application for a reserved television allotment would
require a new file number pursuant to paragraph (b) of this section,
the applicant will have the opportunity to withdraw the amendment at
any time prior to designation for a hearing if applicable; and may be
afforded, subject to the discretion of the Administrative Law Judge, an
opportunity to withdraw the amendment after designation for a hearing.
* * * * *
(f) Applications for minor modification of Class A TV, low power TV
and TV translator stations may be filed at any time, unless restricted
by the FCC, and will be processed on a ``first-come/first-served''
basis, with the first acceptable application cutting off the filing
rights of subsequent, competing applicants. Provided, however, that
applications for minor modifications of Class A TV and those of TV
broadcast stations may become mutually exclusive until grant of a
pending Class A TV or TV broadcast minor modification application.
0
83. Section 73.3578 is amended by revising paragraph (b) to read as
follows:
Sec. 73.3578 Amendments to applications for renewal, assignment or
transfer of control.
* * * * *
(b) Any amendment to an application for assignment of construction
permit or license, or consent to the transfer of control of an entity
holding such a construction permit or license, shall be considered to
be a minor amendment, except that any amendment which seeks a change in
the ownership interest of the proposed assignee or transferee which
would result in a change in control, or any amendment which would
require the filing of FCC Form 2100 Schedules 314, 315, or 345 (see
Sec. 73.3500), if the changes sought were made in an original
application for assignment or transfer of control, shall be considered
to be a major amendment. However, the FCC may, within 15 days after the
acceptance for filing of any other amendment, advise the applicant that
the amendment is considered to be a major amendment and therefore is
subject to the provisions of Sec. 73.3580.
0
84. Section 73.3584 is amended by revising paragraphs (a) and (c) to
read as follows:
Sec. 73.3584 Procedure for filing petitions to deny.
(a) For mutually exclusive applications subject to selection by
competitive bidding (non-reserved channels) or fair distribution/point
system (reserved channels), petitions to deny may be filed only against
the winning bidders or tentative selectee(s), and such petitions will
be governed by Sec. Sec. 73.5006 and 73.7004, respectively. For all
other applications the following
[[Page 8686]]
rules will govern. Except in the case of applications for new low power
TV and TV translator stations, for major changes in the existing
facilities of such stations, or for applications for a change in output
channel tendered by displaced low power TV and TV translator stations
pursuant to Sec. 73.3572(a)(1), any party in interest may file with
the Commission a Petition to Deny any application (whether as
originally filed or if amended so as to require a new file number
pursuant to Sec. 73.3571(j), Sec. 73.3572(b), Sec. 73.3573(b), Sec.
73.3574(b) or Sec. 73.3578) for which local notice pursuant to Sec.
73.3580 is required, provided such petitions are filed prior to the day
such applications are granted or designated for hearing; but where the
FCC issues a public notice pursuant to the provisions of Sec.
73.3571(c), Sec. 73.3572(c) or Sec. 73.3573(d), establishing a ``cut-
off'' date, such petitions must be filed by the date specified. In the
case of applications for transfers and assignments of construction
permits or station licenses, Petitions to Deny must be filed not later
than 30 days after issuance of a public notice of the acceptance for
filing of the applications. In the case of applications for renewal of
license, Petitions to Deny may be filed at any time up to the deadline
established in Sec. 73.3516(e). Requests for extension of time to file
Petitions to Deny applications for new broadcast stations or major
changes in the facilities of existing stations or applications for
renewal of license will not be granted unless all parties concerned,
including the applicant, consent to such requests, or unless a
compelling showing can be made that unusual circumstances make the
filing of a timely petition impossible and the granting of an extension
warranted.
* * * * *
(c) In the case of applications for new low power TV and TV
translator stations, for major changes in the existing facilities of
such stations, or for applications for a change in output channel
tendered by displaced low power TV and TV translator stations pursuant
to Sec. 73.3572(a)(1), any party in interest may file with the FCC a
Petition to Deny any application (whether as originally filed or if
amended so as to require a new file number pursuant to Sec.
73.3572(b)) for which local notice pursuant to Sec. 73.3580 is
required, provided such petitions are filed within 30 days of the FCC
Public Notice proposing the application for grant (applicants may file
oppositions within 15 days after the Petition to Deny is filed); but
where the FCC selects a tentative permittee pursuant to Section 1.1601
et seq., Petitions to Deny shall be accepted only if directed against
the tentative selectee and filed after issuance of and within 15 days
of FCC Public Notice announcing the tentative selectee. The applicant
may file an opposition within 15 days after the Petition to Deny is
filed. In cases in which the minimum diversity preference provided for
in Sec. 1.1623(f)(1) has been applied, an ``objection to diversity
claim'' and opposition thereto, may be filed against any applicant
receiving a diversity preference, within the same time period provided
herein for Petitions and Oppositions. In all pleadings, allegations of
fact or denials thereof shall be supported by appropriate
certification. However, the FCC may announce, by the Public Notice
announcing the acceptance of the last-filed mutually exclusive
application, that a notice of Petition to Deny will be required to be
filed no later than 30 days after issuance of the Public Notice.
* * * * *
0
85. Revise Sec. 73.3587 to read as follows:
Sec. 73.3587 Procedure for filing informal objections.
Before FCC action on any application for an instrument of
authorization, any person may file informal objections to the grant in
LMS. Such objections may be submitted in letter form (without extra
copies) and shall be signed. The limitation on pleadings and time for
filing pleadings provided for in Sec. 1.45 of the rules shall not be
applicable to any objections duly filed under this section.
0
86. Amend Sec. 73.3598 by:
0
a. Revising paragraphs (a) introductory text;
0
b. Removing and reserving paragraph (b)(3); and
0
c. Revising paragraph (c).
The revisions read as follows:
Sec. 73.3598 Period of construction.
(a) Except as provided in the last two sentences of this paragraph
(a), each original construction permit for the construction of a new
TV, AM, FM or International Broadcast; low power TV; low power FM; TV
translator; FM translator; or FM booster station, or to make changes in
such existing stations, shall specify a period of three years from the
date of issuance of the original construction permit within which
construction shall be completed and application for license filed. An
eligible entity that acquires an issued and outstanding construction
permit for a station in any of the services listed in this paragraph
(a) shall have the time remaining on the construction permit or
eighteen months from the consummation of the assignment or transfer of
control, whichever is longer, within which to complete construction and
file an application for license. For purposes of the preceding
sentence, an ``eligible entity'' shall include any entity that
qualifies as a small business under the Small Business Administration's
size standards for its industry grouping, as set forth in 13 CFR parts
121 through 201, at the time the transaction is approved by the FCC,
and holds:
* * * * *
* * * * *
(c) A permittee must notify the Commission as promptly as possible
and, in any event, within 30 days, of any pertinent event covered by
paragraph (b) of this section, and provide supporting documentation.
All notifications must be filed in LMS and must be placed in the
station's local public file. For authorizations to construct stations
in the Low Power FM service, on FM channels reserved for noncommercial
educational use, and for noncommercial educational full power
television stations, the Commission will identify and grant an initial
period of tolling when the grant of a construction permit is encumbered
by administrative or judicial review under the Commission's direct
purview (e.g., petitions for reconsideration and applications for
review of the grant of a construction permit pending before the
Commission and any judicial appeal of any Commission action thereon), a
request for international coordination under paragraph (b)(4) of this
section, or failure of a condition under paragraph (b)(5) of this
section. When a permit is encumbered by administrative or judicial
review outside of the Commission's direct purview (e.g., local, state,
or non-FCC Federal requirements), the permittee is required to notify
the Commission of such tolling events.
* * * * *
0
87. Section 73.3700 is amended by revising paragraphs (a)(2) and
removing and reserving paragraphs (a)(6), (7), (17), (b)(1) through
(4), removing paragraph (c)(6), and removing and reserving paragraphs
(d), (g)(1) through (3), to read as follows:
Sec. 73.3700 Post-incentive auction licensing and operation.
(a) * * *
* * * * *
(2) Channel reassignment public notice. For purposes of this
section, Channel Reassignment Public Notice means the public notice
released upon
[[Page 8687]]
the completion of the broadcast television spectrum incentive auction
conducted under section 6403 of the Spectrum Act specifying the new
channel assignments and technical parameters of any broadcast
television stations that are reassigned to new channels. Incentive
Auction Closing and Channel Reassignment Public Notice: The Broadcast
Television Incentive Auction Closes; Reverse Auction and Forward
Auction Results Announced; Final Television Band Channel Assignments
Announced; Post-Auction Deadlines Announced, GN Docket No. 12-268,
Public Notice, 32 FCC Rcd 2786 (WTB/MB 2017).
* * * * *
0
88. Revise Sec. 73.4000 to read as follows:
Sec. 73.4000 Listing of FCC policies.
The following sections list, solely for the purpose of reference
and convenience, certain Policies of the FCC. The present listing of
FCC policies and citations thereto should not be relied upon as an all-
inclusive list. Failure to include a policy in this list does not
affect its validity. In addition, documents listed may be revised by
subsequent decisions and the inclusion of a document on this list does
not necessarily reflect that it is currently valid. Each section bears
the title of one Policy and the citations which will direct the user to
the specific document(s) pertaining to that Policy.
0
89. Revise Sec. 73.4017 to read as follows:
Sec. 73.4017 Application processing: Commercial FM stations.
See Sec. Sec. 73.5000 through 73.5009.
0
90. Revise Sec. 73.4055 to read as follows:
Sec. 73.4055 Cigarette advertising.
See 15 U.S.C. 1335; 15 U.S.C. 4402(c).
0
91. Revise Sec. 73.4060 to read as follows:
Sec. 73.4060 Citizens agreements.
(a) See Report and Order, Docket 20495, FCC 75-1359, adopted
December 10, 1975. 57 F.C.C. 2d 42; 40 FR 459730, December 30, 1975.
* * * * *
Sec. 73.4082 [Removed and Reserved]
0
92. Remove and reserve Sec. 73.4082.
0
93. Revise Sec. 73.4100 to read as follows:
Sec. 73.4100 Financial qualifications; new AM and FM stations.
See Public Notice, FCC 78-556, dated August 2, 1978. 69 FCC 2d 407;
43 FR 34841, August 7, 1978. See also Revision of Application for
Construction Permit for Commercial Broadcast Station (FCC Form 301),
Memorandum Opinion and Order, 50 R.R.2d 381, para. 6 (1981) and
Certification of Financial Qualification by Applicants for Broadcast
Station Construction Permits, Public Notice, 2 FCC Rcd 2122 (1987), 52
FR 17333 (May 7, 1987).
0
94. Revise Sec. 73.4101 to read as follows:
Sec. 73.4101 Financial qualifications, TV stations.
See Public Notice, FCC 79-299, dated May 11, 1979. 72 F.C.C. 2d
784; 44 FR 29160, May 18, 1979. See also Revision of Application for
Construction Permit for Commercial Broadcast Station (FCC Form 301),
Memorandum Opinion and Order, 50 R.R.2d 381, para. 6 (1981) and
Certification of Financial Qualification by Applicants for Broadcast
Station Construction Permits, Public Notice, 2 FCC Rcd 2122 (1987), 52
FR 17333 (May 7, 1987).
Sec. 73.4107 [Removed and Reserved]
0
95. Remove and reserve Sec. 73.4107.
Sec. 73.4108 [Removed and Reserved]
0
96. Remove and reserve Sec. 73.4108.
0
97. Revise Sec. 73.4210 to read as follows:
Sec. 73.4210 Procedure Manual: ``The Public and Broadcasting''.
See The Public and Broadcasting, a copy of which is available at:
https://www.fcc.gov/media/radio/public-and-broadcasting.
Sec. 73.4247 [Removed and Reserved]
0
98. Remove and reserve Sec. 73.4247.
0
99. Section 73.4267 is amending by revising paragraphs (a) and (b) and
removing paragraph (c) to read as follows:
Sec. 73.4267 Time brokerage.
(a) See Report and Order, MM Docket Nos. 94-150, 92-51, 87-154, FCC
99-207, adopted August 5, 1999, 64 FR 50622 (Sept. 17, 1999).
(b) See Sec. 73.3555, Note 2(j).
Sec. 73.4247 [Removed and Reserved]
0
100. Remove and reserve Sec. 73.4247.
0
101. Section 73.5000 is amended by revising paragraph (a) to read as
follows:
Sec. 73.5000 Services subject to competitive bidding.
(a) Mutually exclusive applications for new facilities and for
major changes to existing facilities in the following broadcast
services are subject to competitive bidding: AM; FM; FM translator;
television; low-power television; television translator; and Class A
television. Mutually exclusive applications for minor modifications of
Class A television and television broadcast are also subject to
competitive bidding. The general competitive bidding procedures set
forth in part 1, subpart Q of this chapter will apply unless otherwise
provided in part 73 or part 74 of this chapter.
* * * * *
0
102. Section 73.5005 is amended by revising paragraph (a) to read as
follows:
Sec. 73.5005 Filing of long-form applications.
(a) Within thirty (30) days following the close of bidding and
notification to the winning bidders, unless a longer period is
specified by public notice, each winning bidder must submit an
appropriate long-form application (FCC Form 2100) for each construction
permit or license for which it was the high bidder. Long-form
applications filed by winning bidders shall include the exhibits
required by Sec. 1.2107(d) of this chapter (concerning any bidding
consortia or joint bidding arrangements); Sec. 1.2110(j) of this
chapter (concerning designated entity status, if applicable); and Sec.
1.2112 of this chapter (concerning disclosure of ownership and real
party in interest information, and, if applicable, disclosure of gross
revenue information for small business applicants).
* * * * *
0
103. Section 73.5006 is amended by revising paragraph (b) to read as
follows:
Sec. 73.5006 Filing of petitions to deny against long-form
applications.
* * * * *
(b) Within ten (10) days following the issuance of a public notice
announcing that a long-form application for an AM, FM or television
construction permit has been accepted for filing, petitions to deny
that application may be filed in LMS. Within fifteen (15) days
following the issuance of a public notice announcing that a long-form
application for a low-power television, television translator or FM
translator construction permit has been accepted for filing, petitions
to deny that application may be filed. Any such petitions must contain
allegations of fact supported by affidavit of a person or persons with
personal knowledge thereof.
* * * * *
0
104. Section 73.5007 is amended by revising paragraph (b)(2)(iii),
(3)(iv), and (v) to read as follows:
Sec. 73.5007 Designated entity provisions.
* * * * *
(b) * * *
(2) * * *
(iii) Television broadcast station--the noise limited contour (see
Sec. 73.619(c));
* * * * *
[[Page 8688]]
(3) * * *
(iv) Television broadcast station--the noise limited contour (see
Sec. 73.619(c)).
(v) Low power television or television translator station--
predicted, protected contour (see Sec. 74.792(a) of this chapter).
* * * * *
0
105. Amend Sec. 73.6000 by revising the definition for ``Locally-
produced programming'' to read as follows:
Sec. 73.6000 Definitions.
* * * * *
Locally produced programming is programming produced within the
predicted noise-limited contour (see Sec. 73.619(c)) of a Class A
station broadcasting the program or within the contiguous predicted
noise-limited contours of any of the Class A stations in a commonly
owned group.
* * * * *
0
106. Section 73.6010 is amended by removing and reserving paragraph (b)
and by revising paragraph (d) to read as follows:
Sec. 73.6010 Class A TV station protected contour.
* * * * *
(d) The Class A TV station protected contour is calculated from the
effective radiated power and antenna height above average terrain,
using the F(50,90) signal propagation method specified in Sec.
73.619(b)(1) of this part.
Sec. 73.6012 [Removed and Reserved]
0
107. Remove and reserve Sec. 73.6012.
Sec. 73.6013 [Removed and Reserved]
0
108. Remove and reserve Sec. 73.6013.
Sec. 73.6014 [Removed and Reserved]
0
109. Remove and reserve Sec. 73.6014.
0
110. Revise Sec. 73.6017 to read as follows:
Sec. 73.6017 Class A TV station protection of Class A TV stations.
An application to change the facilities of a Class A TV station
will not be accepted if it fails to protect authorized Class A stations
in accordance with the requirements of Sec. 74.793 (b) through (d) and
Sec. 74.793(g) of this chapter. This protection must be afforded to
applications for changes in other authorized Class A stations filed
prior to the date the Class A application is filed.
0
111. Revise Sec. 73.6018 to read as follows:
Sec. 73.6018 Class A TV station protection of TV stations.
Class A TV stations must protect the TV service that would be
provided by the facilities specified in the Table of TV Allotments in
Sec. 73.622(j), by authorized TV stations, and by applications that
propose to expand TV stations' allotted or authorized coverage contour
in any direction. Protection of these allotments, stations, and
applications must be based on meeting the requirements of Sec. 74.793
(b) through (e) of this chapter. An application to change the
facilities of a Class A TV station will not be accepted if it fails to
protect these TV allotments, stations, and applications in accordance
with this section.
0
112. Revise Sec. 73.6019 to read as follows:
Sec. 73.6019 Class A TV station protection of low power TV and TV
translator stations.
An application to change the facilities of a Class A TV station
will not be accepted if it fails to protect authorized low power TV and
TV translator stations in accordance with the requirements of Sec.
74.793(b) through (d) and (h) of this chapter. This protection must be
afforded to applications for changes filed prior to the date the Class
A station application is filed.
0
113. Revise Sec. 73.6020 to read as follows:
Sec. 73.6020 Protection of stations in the land mobile radio service.
An application to change the facilities of an existing Class A TV
station will not be accepted if it fails to protect stations in the
land mobile radio service pursuant to the requirements specified in
Sec. 74.709 of this chapter.
0
114. Section 73.6022 is revised to read as follows:
Sec. 73.6022 Negotiated interference.
(a) Notwithstanding the technical criteria in this subpart, Subpart
E of this part, and Subpart G of part 74 of this chapter regarding
interference protection to and from Class A TV stations, Class A TV
stations may negotiate agreements with parties of authorized and
proposed TV, LPTV, TV translator, Class A TV stations or other affected
parties to resolve interference concerns; provided, however, other
relevant requirements are met with respect to the parties to the
agreement. A written and signed agreement must be submitted with each
application or other request for action by the Commission. Negotiated
agreements under this paragraph can include the exchange of money or
other considerations from one entity to another. Applications submitted
pursuant to the provisions of this paragraph will be granted only if
the Commission finds that such action is consistent with the public
interest.
(b) [Reserved]
0
115. Revise Sec. 73.6023 to read as follows:
Sec. 73.6023 Distributed transmission systems.
Station licensees may operate a commonly owned group of digital
Class A stations with contiguous predicted TV noise-limited contours
(pursuant to Sec. 73.619(c)) on a common television channel in a
distributed transmission system.
0
116. Section 73.6024 is amended by revising paragraphs (b), removing
and reserving paragraph (c) and revising paragraph (d) to read as
follows:
Sec. 73.6024 Transmission standards and system requirements.
* * * * *
(b) A Class A TV station may continue to operate with the
transmitter operated under its previous LPTV license, provided such
operation does not cause any condition of uncorrectable interference
due to radiation of radio frequency energy outside of the assigned
channel. Such operation must continue to meet the requirements of Sec.
74.750 of this chapter.
(c) [Reserved]
(d) A Class A station must meet the emission requirements of Sec.
74.794 of this chapter. Stations within 275 kilometers of the US-Mexico
border shall specify the full-service emission mask.
0
117. Amend Sec. 73.6025 by:
0
a. Revising paragraph (a) introductory text;
0
b. Removing paragraphs (a)(1) through (5);
0
c. Removing and reserving paragraph (b); and
0
d. Revising paragraph (d).
The revisions read as follows:
Sec. 73.6025 Antenna system and station location.
(a) Applications for modified Class A TV facilities proposing the
use of directional antenna systems must include all appropriate
documentation specified in Sec. 73.625(c)(3).
* * * * *
(d) Class A TV stations are subject to the provisions in Sec.
73.617(d) regarding blanketing interference.
0
118. Revise Sec. 73.6026 to read as follows:
Sec. 73.6026 Broadcast regulations applicable to Class A television
stations.
The following rules are applicable to Class A television stations:
(a) Sec. 73.603 Numerical designation of television channels.
(b) Sec. 73.624(b), (c) and (g) Television broadcast stations.
(c) Sec. 73.658 Affiliation agreements and network program
practice; territorial exclusivity in non-network program arrangements.
[[Page 8689]]
(d) Sec. 73.664 Determining operating power.
(e) Sec. 73.670 Commercial limits in children's programs.
(f) Sec. 73.671 Educational and informational programming for
children.
(g) Sec. 73.673 Public information initiatives regarding
educational and informational programming for children.
(h) Sec. 73.688 Indicating instruments.
(i) Sec. 73.1030 Notifications concerning interference to radio
astronomy, research and receiving installations.
(j) Sec. 73.3615(a) and (g) Ownership reports.
Sec. 73.6027 [Removed and Reserved]
0
119. Remove and reserve Sec. 73.6027.
0
120. Section 73.8000 is revised to read as follows:
Sec. 73.8000 Incorporation by reference.
Certain material is incorporated by reference into this part with
the approval of the Director of the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Federal Communications Commission (FCC)
must publish a document in the Federal Register and the material must
be available to the public. All approved incorporation by reference
(IBR) material is available for inspection at the FCC and at the
National Archives and Records Administration (NARA). Contact the FCC
at: Federal Communications Commission's Reference Information Center,
located at the address of the FCC's main office indicated in 47 CFR
0.401(a). For information on the availability of this material at NARA,
visit www.archives.gov/federal-register/cfr/ibr-locations.html or email
[email protected]. The material may be obtained from the following
sources:(a) Advanced Television Systems Committee (ATSC), 1300 I Street
NW, Suite 400E, Washington, DC 20005; website: www.atsc.org/standards.html.
(1) ATSC A/52: ``ATSC Standard Digital Audio Compression (AC-3),''
1995, IBR approved for Sec. 73.682.
(2) ATSC A/53 Parts 1-4 and 6: 2007 ``ATSC Digital Television
Standard,'' (January 3, 2007) and ATSC A/53 Part 5: 2010 ``ATSC Digital
Television Standard: Part 5--AC-3 Audio System Characteristic,'' (July
6, 2010); IBR approved for Sec. 73.682. as listed below:
(i) A/53, Part 1:2007, ``Digital Television System'' (January 3,
2007),.
(ii) A/53, Part 2:2007, ``RF/Transmission System Characteristics''
(January 3, 2007).
(iii) A/53, Part 3:2007, ``Service Multiplex and Transport
Subsystem Characteristics'' (January 3, 2007).
(iv) A/53, Part 4:2007, ``MPEG-2 Video System Characteristics''
(January 3, 2007), except for Sec. 6.1.2 of A/53 Part 4: 2007, and the
phrase ``see Table 6.2'' in section 6.1.1 Table 6.1 and section 6.1.3
Table 6.3.
(v) A/53, Part 5: 2010, ``AC-3 Audio System Characteristics'' (July
6, 2010).
(vi) A/53, Part 6:2007, ``Enhanced AC-3 Audio System
Characteristics'' (January 3, 2007).
(3) ATSC A/65C: ``ATSC Program and System Information Protocol for
Terrestrial Broadcast and Cable, Revision C With Amendment No. 1 dated
May 9, 2006,'' (January 2, 2006), IBR approved for Sec. Sec. 73.682.
(4) ATSC A/85:2013 ``ATSC Recommended Practice: Techniques for
Establishing and Maintaining Audio Loudness for Digital Television,''
(March 12, 2013) (``ATSC A/85 RP''), IBR approved for Sec. 73.682.
(5) ATSC A/321:2016, ``System Discovery and Signaling'' (March 23,
2016), IBR approved for Sec. 73.682.
(6) ATSC A/322:2017 ``Physical Layer Protocol'' (June 6, 2017), IBR
approved for Sec. 73.682.
(b) Federal Communications Commission (FCC), Reference Information
Center, located at the address of the FCC's main office indicated in 47
CFR 0.401(a), or at the FCC's Office of Engineering and Technology
(OET) website: www.fcc.gov/oet/info/documents/bulletins/.
(1) OET Bulletin No. 69: ``Longley-Rice Methodology for Evaluating
TV Coverage and Interference'' (February 6, 2004), IBR approved for
Sec. 73.616.
(2) [Reserved]
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
121. The authority for Part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 325, 336,
and 554.
0
122. Section 74.701 is amended by revising paragraph (f) to read as
follows:
Sec. 74.701 Definitions.
* * * * *
(f) Low power TV station. A station authorized under the provisions
of this subpart that may retransmit the programs and signals of a TV
broadcast station and that may originate programming in any amount
greater than 30 seconds per hour.
* * * * *
0
123. Section 74.732 is amended by revising paragraph (e) to read as
follows:
Sec. 74.732 Eligibility and licensing requirements.
* * * * *
(e) A proposal to change the primary TV station being retransmitted
or an application of a licensed translator station to include low power
TV station operation, i.e., program origination will be subject only to
a notification requirement.
* * * * *
0
124. Section 74.787 is amended by revising paragraph (a)(5)(v) to read
as follows:
Sec. 74.787 Licensing.
(a) * * *
(5) * * *
* * * * *
(v) Pre-auction digital service area is the geographic area within
the full power station's noise-limited contour that was protected in
the incentive auction repacking process. The service area of the
digital-to-digital replacement translator shall be limited to only the
demonstrated loss area within the full power station's pre-auction
digital service area, provided that an applicant for a digital-to-
digital replacement television translator may propose a de minimis
expansion of its full power pre-auction digital service area upon
demonstrating that the expansion is necessary to replace a loss in its
pre-auction digital service area.
* * * * *
0
125. Section 74.792 is amended by revising paragraph (b) to read as
follows:
Sec. 74.792 Low power TV and TV translator station protected contour.
* * * * *
(b) The low power TV or TV translator protected contour is
calculated from the authorized effective radiated power and antenna
height above average terrain, using the F(50,90) signal propagation
method specified in Sec. 73.619(b)(1) of this chapter.
0
126. Section 74.793 is amended by revising paragraphs (b), (e), (g),
and (h) to read as follows:
Sec. 74.793 Low power TV and TV translator station protection of
broadcast stations.
* * * * *
(b) Except as provided in this section, interference prediction
analysis is based on the interference thresholds (D/U signal strength
ratios) and other criteria and methods specified in Sec. 73.620 of
this chapter.
* * * * *
(e) Protection to the authorized facilities of TV broadcast
stations shall
[[Page 8690]]
be based on not causing predicted interference to the population within
the service area defined and described in Sec. 73.619(c) of this
chapter, except that a low power TV or TV translator station must not
cause a loss of service to 0.5 percent or more of the population
predicted to receive service from the authorized TV facilities.
* * * * *
(g) Protection to the authorized facilities of Class A TV stations
shall be based on not causing predicted interference to the population
within the service area defined and described in Sec. 73.6010 of this
chapter, respectively, except that a low power TV or TV translator
station must not cause a loss of service to 0.5 percent or more of the
population predicted to receive service from the authorized Class A TV
facilities.
(h) Protection to the authorized facilities of low power TV and TV
translator stations shall be based on not causing predicted
interference to the population within the service area defined and
described in Sec. 74.792, except that a low power TV or TV translator
station must not cause a loss of service to 2.0 percent or more of the
population predicted to receive service from the authorized low power
TV or TV translator station.
* * * * *
0
127. Section 74.794 is amended by revising the section heading,
paragraphs (b) introductory text, (b)(1) and (2) to read as follows:
Sec. 74.794 Emissions.
* * * * *
(b) In addition to meeting the emission attenuation requirements of
the simple or stringent mask (including attenuation of radio frequency
harmonics), low power TV and TV translator stations authorized to
operate on TV channels 22-24, (518-536 MHz), 32-36 (578-608 MHz), 38
(614-620 MHz), and 65-69 (776-806 MHz) must provide specific ``out of
band'' protection to Radio Navigation Satellite Services in the bands:
L5 (1164-1215 MHz); L2 (1215-1240 MHz) and L1 (1559-1610 MHz).
(1) An FCC-certificated transmitter specifically certified for use
on one or more of the above channels must include filtering with an
attenuation of not less than 85 dB in the GPS bands, which will have
the effect of reducing harmonics in the GPS bands from what is produced
by the transmitter, and this attenuation must be demonstrated as part
of the certification application to the Commission.
(2) For an installation on one of the above channels with a
transmitter not specifically FCC-certificated for the channel, a low
pass filter or equivalent device rated by its manufacturer to have an
attenuation of at least 85 dB in the GPS bands, which will have the
effect of reducing harmonics in the GPS bands from what is produced by
the transmitter, and must be installed in a manner that will prevent
the harmonic emission content from reaching the antenna. A description
of the low pass filter or equivalent device with the manufacturer's
rating or a report of measurements by a qualified individual shall be
retained with the station license. Field measurements of the second or
third harmonic output of a transmitter so equipped are not required.
[FR Doc. 2022-24751 Filed 2-8-23; 8:45 am]
BILLING CODE 6712-01-P
