In the Matter of Implementation of the Low Power Protection Act, 22980-22990 [2023-07660]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Proposed Rules]
[Pages 22980-22990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07660]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MB Docket No. 23-126; FCC 23-23; FR ID 134736]


In the Matter of Implementation of the Low Power Protection Act

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: In this document, the Federal Communications Commission 
(Commission) implements the Low Power Protection Act (LPPA or Act), as 
enacted on January 5, 2023. The LPPA provides certain low power 
television (LPTV) stations with a limited window of opportunity to 
apply for primary spectrum use status as Class A television stations. 
The LPPA sets forth eligibility criteria for stations seeking

[[Page 22981]]

Class A designation that are similar to the eligibility criteria under 
the Community Broadcasters Protection Act of 1999 (CBPA), which 
permitted certain LPTV stations to convert to Class A status. This 
document seeks comment on how to implement the LPPA consistent with 
Congressional direction, including, inter alia, which stations are 
eligible to apply for Class A status under the LPPA, the application 
period and application filing requirements, and ongoing eligibility 
requirements.

DATES: Comments may be filed on or before May 15, 2023, and reply 
comments may be filed on or before June 13, 2023.

ADDRESSES: You may submit comments and reply comments, identified by MB 
Docket No. 23-126, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Federal Communications Commission's Website: https://fjallfoss.fcc.gov/ecfs2/. Follow the instructions for submitting 
comments.
     Mail: Filings can be sent by hand or messenger delivery, 
by commercial overnight courier, or by first-class or overnight U.S. 
Postal Service mail. All filings must be addressed to the Commission's 
Secretary, Office of the Secretary, Federal Communications Commission.
     People With Disabilities: Contact the FCC to request 
reasonable accommodations (accessible format documents, sign language 
interpreters, CART, etc.) by 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: Kim Matthews, Media Bureau, Policy 
Division, at (202) 418-2154, or by email at [email protected], or 
Joyce Bernstein, Media Bureau, Video Division, at (202) 418-1647, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (NPRM), FCC 23-23, adopted on March 29, 2023 and 
released on March 30, 2023. The full text of this document is available 
for public inspection and copying during regular business hours in the 
FCC Reference Center, Federal Communications Commission, 445 12th 
Street SW, Room CY-A257, Washington, DC 20554. The complete text may be 
purchased from the Commission's copy contractor, 445 12th Street SW, 
Room CY-B402, Washington, DC 20554. This document will also be 
available via ECFS at https://fjallfoss.fcc.gov/ecfs/. Documents will be 
available electronically in ASCII, Microsoft Word, and/or Adobe 
Acrobat. Alternative formats are available for people with disabilities 
(Braille, large print, electronic files, audio format) by sending an 
email to [email protected] or calling the Commission's Consumer and 
Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 
(TTY).

Synopsis

Background

    1. The Commission created the LPTV service in 1982 to bring 
television service, including local service, to viewers ``otherwise 
unserved or underserved'' by existing full power service providers. 
From its creation, the LPTV service has been a secondary service, 
meaning LPTV stations may not cause interference to, and must accept 
interference from, full power television stations as well as certain 
land mobile radio operations and other primary services. As a result of 
their secondary status, LPTV stations can also be displaced by full 
power stations that seek to expand their service area, or by new full 
power stations seeking to enter the same area as the LPTV station.
    2. Currently, there are approximately 1,912 licensed LPTV stations. 
These stations operate in all states and territories, and serve both 
rural and urban audiences. LPTV stations were required to complete a 
transition from analog to digital operation in 2021 and all such 
stations must now operate in digital format. As the name suggests, LPTV 
stations have lower authorized power levels than full power TV 
stations. Because they operate at reduced power levels, LPTV stations 
serve a much smaller geographic region than full power stations and can 
be fit into areas where a higher power station cannot be accommodated 
in the Table of TV Allotments.
    3. In 2000, the Commission established a Class A television service 
to implement the Community Broadcasters Protection Act of 1999 (CBPA), 
codified at 47 US.C 336(f). The CBPA allowed certain qualifying LPTV 
stations to become Class A stations, which provided those television 
stations primary status, and thereby a measure of interference 
protection from full service television stations.
    4. Congress sought in the CBPA to provide certain LPTV stations a 
limited window of opportunity to apply for primary status. Among other 
matters, the CBPA set out certain certification and application 
procedures for LPTV licensees seeking Class A designation and 
prescribed the criteria for eligibility for a Class A license. 
Specifically, under the CBPA, an LPTV station could qualify for Class A 
status if, during the 90 days preceding the date of enactment of the 
statute, the station: (1) broadcast a minimum of 18 hours per day; (2) 
broadcast an average of at least 3 hours per week of programming 
produced within the market area served by the station, or the market 
area served by a group of commonly controlled low-power stations that 
carry common local programming produced within the market area served 
by such group; and (3) was in compliance with the Commission's 
requirements for LPTV stations. In addition, the CBPA required that, 
from and after the date of its application for a Class A license, the 
station must be in compliance with the Commission's operating rules for 
full power television stations. As directed by the CBPA, within 60 days 
of the date of enactment of the CBPA, stations seeking Class A status 
were required to submit to the Commission a certification of 
eligibility based on the applicable qualification requirements. In 
addition, the Commission required LPTV licensees seeking Class A 
designation to submit an application to the Commission within 6 months 
after the effective date of the rules adopted in the Class A 
proceeding.
    5. In addition to these qualifying requirements, the CBPA gave the 
Commission discretion to determine that the public interest, 
convenience, and necessity would be served by treating a station as a 
qualifying LPTV station under the CBPA, or that a station should be 
considered to qualify for such status for other reasons, even if it did 
not meet the qualifying requirements in the statute discussed above. In 
implementing the CBPA, the Commission concluded, however, that it would 
not accept applications under the CBPA from LPTV stations that did not 
meet the statutory criteria and that did not file a certification of 
eligibility by the statutory deadline, absent compelling circumstances.
    6. Like the CBPA, the Low Power Protection Act (LPPA), Public Law 
117-344, 136 Stat. 6193 (2023), is intended ``to provide low power TV 
stations with a limited window of opportunity'' to apply for primary 
status as a Class A television licensee. The Act gives LPTV stations 
one year to apply for a Class A license, from the date that the 
Commission's rules become effective.

[[Page 22982]]

    7. The LPPA sets forth eligibility criteria for stations seeking 
Class A designation that are similar to the eligibility criteria under 
the CBPA, as discussed above. Specifically, the statute provides that 
the Commission ``may approve'' an application submitted by an LPTV 
station if the station meets the following eligibility criteria:
     during the 90-day period preceding the date of enactment 
of the LPPA (i.e., between October 7, 2022 and January 5, 2023), the 
station satisfied the same requirements applicable to stations that 
qualified for Class A status under the CBPA, ``including the 
requirements . . . with respect to locally produced programming;''
     the station satisfies the requirements of 47 CFR 
73.6001(b) through (d) or any successor regulation;
     the station demonstrates that it will not cause any 
interference as described in the CBPA;
     during that same 90-day period, the station complied with 
the Commission's requirements for LPTV stations; and
     as of January 5, 2023, the station operated in a 
Designated Market Area with not more than 95,000 television households;

Finally, the LPPA requires that a station accorded Class A status must 
(1) be subject to the same license terms and renewal standards as a 
license for a full power television broadcast station (except as 
otherwise expressly provided in the LPPA) and (2) remain in compliance 
with paragraph (c)(2)(B) of the statute during the term of the license.

Discussion

    8. In this Notice of Proposed Rulemaking (NPRM), we propose rules 
to provide LPTV stations with a limited opportunity to apply for 
primary spectrum use status as Class A television stations, consistent 
with Congress's directive in the LPPA.

A. Application Period

    9. The LPPA provides LPTV stations a period of one year to apply 
for Class A status. We tentatively conclude that the application window 
will be limited to the one year application window specified in the 
Act. We note that the LPPA provides that the Commission may approve an 
application for Class A status if the application satisfies Sec.  
336(f)(2) of the Communications Act of 1934, as amended (which codifies 
the CBPA). This provision sets forth the eligibility criteria for 
stations qualifying for Class A status, and gives the Commission 
discretion to determine whether a station not satisfying such criteria 
should otherwise qualify. In the Class A Order, the Commission declined 
either to expand these eligibility criteria or to allow ongoing 
conversion to Class A status beyond the 6 month window contemplated in 
the CBPA. The Commission reasoned that the basic purpose of the CBPA 
was to afford existing LPTV stations a window of opportunity to convert 
to Class A stations. The Commission also determined that the intent of 
Congress in enacting the CBPA was to establish the rights of a 
specific, already-existing group of LPTV stations, and that the public 
interest would not be served by the ongoing conversion of LPTV stations 
to Class A status under the CBPA in the future. The Commission noted 
that LPTV stations were originally licensed on a secondary basis and 
allowed to convert to Class A status only under limited eligibility 
criteria established in the CBPA based upon their beneficial past 
service to the public, and that it was not appropriate to expand 
generally the group of LPTV stations eligible to convert to Class A 
beyond that established by Congress. The Commission did, however, state 
that, where potential applicants ``face circumstances beyond their 
control that prevent them from filing'' a Class A application within 
the 6-month time frame that applied to Class A conversions, the 
Commission ``would examine those instances on a case-by-case basis to 
determine their eligibility for filing.''
    10. Similar to the CBPA, we tentatively find that the purpose of 
the LPPA is to provide for a one-time conversion of a discrete pool of 
eligible LPTV stations that meet the specific criteria set forth in the 
LPPA. We tentatively find that the public interest would not be served 
by providing for conversion to Class A status beyond the one year 
period contemplated in the LPPA, nor do we find anything in the LPPA to 
suggest that Congress intended anything more than a limited window of 
opportunity. Although we tentatively conclude that the application 
window will be limited to the one year application window specified in 
the Act, we propose that if a potential applicant faces circumstances 
beyond its control that prevents them from filing by the application 
deadline, we will examine those instances on a case-by-case basis to 
determine the potential applicant's eligibility for filing. We invite 
comment on this approach.

B. Eligibility Requirements

1. Definition of Low Power TV Station
    11. We propose to apply the Commission's recently updated 
definition of an LPTV station for purposes of determining which 
stations are eligible for Class A status under the LPPA. The LPPA 
provides that the term ``low power TV station'' has the meaning given 
the term ``digital low power TV station'' in Sec.  74.701 of our rules, 
or any successor regulation. Section 74.701 formerly contained a 
definition of the term ``digital lower power TV station'' but we 
recently revised that rule to remove references to digital and analog 
television service, as all LPTV stations have now ceased analog 
operations and there is no further need to differentiate between 
digital and analog in the rules. In place of the prior Sec.  74.701 
definition, Sec.  74.701(k) of our current rules defines a low power TV 
station as: ``[a] station . . . that may retransmit the programs and 
signals of a television broadcast station, may originate programming in 
any amount greater than 30 seconds per hour . . . and, subject to a 
minimum video program service requirement, may offer services of an 
ancillary or supplementary nature, including subscription-based 
services.'' We propose to apply this recently updated definition of an 
LPTV station for purposes of determining which stations are eligible 
for Class A status under the LPPA. We invite comment on this approach.
    12. Consistent with this definition, we tentatively conclude that 
eligibility for Class A status under the LPPA should be limited to LPTV 
stations, and that television translator stations should not be 
eligible. Translator stations ``operate for the purpose of 
retransmitting the programs and signals of a television broadcast 
station, without significantly altering any characteristic of the 
original signal other than its frequency and amplitude,'' and thus, are 
not permitted to ``originate programming'' as defined in the rules. 
Given this limitation, for the following reasons we tentatively 
conclude that ``television broadcast translator stations'' as defined 
under our rules would not be able to satisfy the locally produced 
programming eligibility requirement of the LPPA. While the LPPA does 
not expressly require that the locally produced content aired by a low 
power station be produced by that station itself, we tentatively 
conclude that translators would be unlikely to qualify under the 
locally produced programming provisions of the LPPA due to the manner 
in which translators operate.

[[Page 22983]]

Translator stations are generally located outside their primary 
station's noise limited contour in order to bring service to remote 
areas. Thus, while a translator's primary station(s) may be airing 
programming produced in the primary station's noise limited contour, it 
is unlikely that programming was locally produced within the noise 
limited contour of the translator. For similar reasons, the Commission 
specifically found that translator stations were not eligible for Class 
A status under the CBPA, and there is no indication that Congress 
intended to be more inclusive in the LPPA. In addition, we tentatively 
conclude that the LPPA's inclusion of reference to ``low power'' 
stations and failure to specifically reference ``translator'' stations 
can be read as an intentional inclusion of the former and exclusion of 
the latter and is the best reading of the statute. We invite comment on 
this tentative conclusion that translator stations should not be 
eligible for Class A status under the LPPA.
    13. We tentatively conclude that LPTV stations that have not 
completed their digital transition are not eligible to apply for Class 
A designation. A small number of analog LPTV stations have not yet 
completed construction of their digital facilities and have been 
granted additional time to do so. Since analog television operations 
are no longer permitted, these LPTV stations are silent and must remain 
silent until such time as they complete construction of their digital 
facilities. The LPPA requires that, to be eligible to convert to Class 
A status, an LPTV station must meet the statutory programming 
requirements for the 90-day period preceding the date of enactment of 
the LPPA. As any LPTV station that was silent during this period would 
not meet these requirements, we tentatively conclude that such stations 
would not be eligible to apply for Class A designation under the LPPA. 
We invite comment on this interpretation.
2. Eligibility Criteria
    14. We propose to codify in our rules the eligibility criteria set 
forth in the LPPA. As noted above, the LPPA sets forth eligibility 
criteria for stations seeking Class A designation that are similar to 
the eligibility criteria under the CBPA. Specifically, the LPPA 
provides that the Commission ``may approve'' an application submitted 
by an LPTV station under the LPPA if the station, during the 90-day 
period preceding the date of enactment of the LPPA, meets the same 
requirements in 47 U.S.C. 336(f)(2) applicable to stations that 
qualified for Class A status under the CBPA, ``including the 
requirements . . . with respect to locally produced programming.'' 
Thus, to qualify for Class A status in the 90 days preceding the LPPA's 
January 5, 2023 effective date, an LPTV station must have met the 
following requirements between October 7, 2022 and January 5, 2023 (the 
90 day eligibility period): (1) the station must have broadcast a 
minimum of 18 hours per day; (2) the station must have broadcast an 
average of at least 3 hours per week of programming that was produced 
within the market area served by such station, or the market area 
served by a group of commonly controlled LPTV stations that carry 
common local programming produced within the market area served by such 
group; and (3) the station must have been in compliance with the 
Commission's requirements applicable to LPTV stations. In addition, 
from and after the date of its application for a Class A license, the 
station must be in compliance with the Commission's operating rules for 
full power television stations.
    15. Locally Produced Programming. In implementing the LPPA, we 
propose to define ``locally produced programming'' in the same manner 
as our rules that apply to stations that converted to Class A status 
pursuant to the CBPA. As noted above, the LPPA requires that, during 
the 90 day eligibility period, LPTV stations must have broadcast an 
average of at least 3 hours per week of programming produced within the 
market area served by the station. Section 73.6000 of our rules 
contains a definition of ``locally produced programming'' applicable to 
Class A stations. In the Part 73 Amendment NPRM, the Commission has 
proposed to update its definition of locally produced programming for 
Class A stations in Sec.  73.6000 of the rules, as ``programming 
produced within the predicted noise-limited contour . . . 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.'' We propose to apply the definition in Sec.  73.6000 of 
the rules, including any future changes, to define ``programming 
produced within the market area served by the station'' for purposes of 
determining eligibility for Class A status under section 
2(c)(2)(B)(i)(I) of the LPPA and invite comment on this approach.
    16. Operating Requirements. We tentatively conclude that all 
applicants seeking to convert to Class A status under the LPPA be 
required to certify that they have complied with the Commission's 
requirements for LPTV stations, during the 90 day eligibility period. 
As noted above, to qualify for Class A status under the LPPA, an LPTV 
station must have been in compliance with the Commission's requirements 
for LPTV stations during the 90 day eligibility period. We seek comment 
on this tentative conclusion.
    17. The LPPA requires that a station ``be in compliance with the 
Commission's operating rules for full-power stations'' beginning on the 
date of its application for a Class A license and thereafter. In the 
Class A Order that implemented the CBPA, the Commission determined 
certain part 73 rules would apply to applicants for Class A status and 
to stations awarded Class A licenses. For example, existing Class A 
stations must comply with children's programming and online public 
inspection file regulations. We propose to take this same approach with 
respect to stations that seek to convert to Class A status pursuant to 
the LPPA. We propose that applicants for Class A designation pursuant 
to the LPPA, and Class A stations awarded licenses pursuant to that 
statute, will be required to comply with the same part 73 rules applied 
in implementing the CBPA. We invite comment on this approach.
    18. We also propose that all stations that receive a Class A 
license under the LPPA must comply with all Class A regulations. LPPA 
section (2)(c)(3)(B) provides that a Class A license granted pursuant 
to the rules established under the LPPA shall ``require the low power 
TV station to remain in compliance with [Sec.  (2)(c)(2)(B) of the 
LPPA] during the term of the license.'' This includes, among other 
things, the requirements to broadcast a minimum of 18 hours per day and 
to broadcast an average of at least three hours per week of locally 
produced programming each quarter. Beyond the requirements specified in 
Sec.  (2)(c)(2)(B) of the LPPA, we also tentatively conclude there is 
no reason to exempt LPTV stations converting to Class A status under 
the LPPA from other rules applicable to LPTV stations converting to 
Class A status under the CBPA, given that the service requirements in 
the LPPA closely track those in the CBPA and that the stations will be 
converting to Class A status and so it makes sense for Class A rules 
generally to apply. We seek comment on this approach.
    19. We also seek comment on whether the requirement to comply with 
the Class A eligibility requirements set forth in LPPA section 
(2)(c)(2)(B) should run from when an LPTV station's application is 
submitted. To that end, we note that LPPA section 2(c)(2)(B)(i)(II) 
states that the ``Commission may approve an application [for Class A 
status] if the

[[Page 22984]]

low power TV station submitting the application--satisfies--paragraphs 
(b), (c), and (d) of 73.6001,'' which contains the requirements that 
Class A stations broadcast a minimum of 18 hours per day and broadcast 
an average of at least three hours per week of locally produced 
programming each quarter. We seek comment on how to interpret the 
statutory language providing that the station ``submitting the 
application'' must ``satisfy'' these requirements. We note that this 
requirement is distinct from the separate statutory obligation to meet 
the eligibility requirements during the 90 day eligibility period of 
October 7, 2022 to January 5, 2023. Should this language be interpreted 
to require the applicant for a Class A license to satisfy the 
requirements of 47 CFR 73.6001(b) through (d) from the time it submits 
its application? Indeed, because LPPA section (2)(c)(3)(B) applies 
these requirements after a Class A license is granted, would LPPA 
section 2(c)(2)(B)(i)(II) be rendered superfluous if we did not 
interpret it to apply these requirements from the time the Class A 
application is submitted?
    20. License Application and Documentation. In order to assist with 
the orderly processing of all applications received under the LPPA, we 
propose that an applicant will be required to certify that its station 
meets the operating and programming requirements of the LPPA. 
Specifically, with respect to the statutory requirement that stations 
air 18 hours of programming each day during the 90 day eligibility 
period, we propose to require applicants to certify that the station 
was fully operational for at least 18 hours on each day during the 90 
day eligibility period. In addition, with respect to the requirement 
that stations air three hours of locally produced programming, we 
propose to require an applicant to certify that it was providing such 
programming during each day during the 90 day eligibility period. We 
invite comment generally on this approach.
    21. We tentatively conclude that an applicant be required to 
submit, as part of its application, documents to support its 
certification that it meets the operating and programming requirements 
of the LPPA. We seek comment on the kind of documentation that we 
should require stations to submit in support of their application in 
order to ensure orderly processing. Should we require specific 
documents or categories of documentation or should we provide examples 
of the kinds of documentation that stations could provide thereby 
giving stations more latitude with respect to the types of 
documentation they may use to support their application? To support its 
certification that the station was on the air at least 18 hours each 
day during the eligibility period, a station could, for example, submit 
electric power bills from a third party vendor that specify the station 
or station's broadcast facility location for the designated period, 
and/or copies of any program guides, EAS logs, or agreements to 
purchase and air programming on the specified station in an amount 
sufficient to satisfy this programming requirement. If the station was 
silent during any portion of this period of time, we will require the 
station to identify any silent periods and the reasons why the station 
was silent. To support its certification that a station aired three 
hours of locally produced programming, the station could, for example, 
submit copies of any agreements to purchase and air such programming 
and/or identify the producer of any programming it claims is locally 
produced, the location where the programming was produced, and records 
of advertisements aired during locally produced programming showing 
that the programming was in fact aired. We invite commenters to provide 
examples of other kinds of documentation a station could provide to 
support its certifications that it meets the eligibility requirements 
of the LPPA. In order to expedite processing, and ensure the Commission 
maximizes opportunities for applicants, Commission staff may request 
additional documentation if necessary during consideration of the 
application.
    22. Alternative Eligibility Criteria. As discussed above, the LPPA 
provides that the Commission may approve an application for Class A 
status if the application satisfies Sec.  336(f)(2) of the 
Communications Act of 1934, codified as part of the CBPA. The CBPA 
provided the Commission with additional discretion in evaluating 
applicants for Class A status if ``the Commission determines that the 
public, interest, convenience, and necessity would be served by 
treating the station as a qualifying low-power television station for 
purposes of this section, or for other reasons determined by the 
Commission.'' In the Class A Order, the Commission determined that it 
would allow deviation from the strict statutory eligibility criteria in 
the CBPA ``only where such deviations are insignificant or when we 
determine that there are compelling circumstances, and that in light of 
those compelling circumstances, equity mandates such a deviation.'' The 
Commission gave as an example of such compelling circumstances ``a 
natural disaster or interference conflict which forced the station off 
the air during the 90 day period before enactment of the CBPA.''
    23. We tentatively conclude that we should apply this same approach 
in the context of the LPPA. Accordingly, we propose to allow deviation 
from the strict statutory eligibility criteria under the LPPA only 
where deviations are insignificant or where there are compelling 
circumstances such that equity mandates a deviation. We tentatively 
conclude that the LPPA provides precise and limited eligibility 
criteria and, except in very limited circumstances, we are not inclined 
to expand the specific qualifying criteria beyond that identified in 
the statute. We invite comment on this approach.
3. Interference Requirements
    24. We tentatively conclude that LPTV stations proposing to convert 
to Class A status under the LPPA must demonstrate compliance with the 
interference protection standards set forth in Sec.  336(f)(7) of the 
Communications Act of 1934, with the exception of those provisions that 
are now obsolete given the transition of all television stations from 
analog to digital operations. The LPPA provides that the Commission may 
approve an application by an LPTV station if it ``demonstrates to the 
Commission that the Class A station for which the license is sought 
will not cause any interference described in Sec.  336(f)(7) of the 
Communications Act of 1934 . . . .'' Section 336(f)(7) describes the 
interference protection requirements for LPTV stations that sought 
Class A status under the CBPA vis-[agrave]-vis full power television, 
LPTV, TV translator, and land mobile stations. Because the CBPA was 
adopted in 1999, Sec.  336(f)(7) refers to a number of interference 
protection standards that are now obsolete.
    25. We tentatively conclude that LPTV stations proposing to convert 
to Class A status must satisfy the requirement in section 
2(c)(2)(B)(ii) of the LPPA by demonstrating compliance with the same 
operating rules and policies, including interference requirements, 
applicable to existing digital Class A licensees, including 
requirements that were adopted subsequent to the enactment of Sec.  
336(f)(7). When LPTV stations converted to Class A status pursuant to 
the CBPA in 2000, they began their primary status operations as analog 
stations. In 2004, the Commission adopted rules and policies to allow 
LPTV and Class A stations to operate with digital facilities. In 2011, 
the Commission established a hard deadline

[[Page 22985]]

of September 1, 2015 for all Class A stations to terminate analog 
operations. With very limited exceptions, all existing LPTV stations 
are now operating in digital format. Our rules applicable to Class A 
stations set forth the interference protection Class A stations now 
must provide to digital full power, Class A, LPTV, and TV translator 
stations, and supersede certain interference requirements referenced in 
the CBPA, as that statute was adopted prior to the digital transition. 
We recognize that the LPPA specifically referenced the interference 
requirements ``described in Sec.  336(f)(7).'' Nonetheless, we 
tentatively find that this does not evince an intent on the part of 
Congress to compel applicants, in fulfilling the requirements under the 
LPPA, to demonstrate compliance with outdated and superseded 
interference rules referenced in Sec.  336(f)(7). Rather, we 
tentatively find that by requiring applicants to demonstrate compliance 
with current interference requirements applicable to Class A stations, 
we will ensure that the purpose of the statutory provision--i.e., to 
ensure that a Class A station will not cause interference--will be 
served because the licensed or previously proposed facilities of full 
power, low power and TV translator, and land mobile stations will be 
afforded interference protection when LPTV stations convert to Class A 
status pursuant to the LPPA. Accordingly, we tentatively conclude that 
our rules applicable to existing Class A stations, including 
interference requirements, will apply to stations that convert to Class 
A status pursuant to the LPPA. We seek comment generally on this 
analysis and tentative conclusion.
    26. Protection of Full Power Television Stations. We tentatively 
conclude that Class A-eligible LPTV stations need not comply with 
certain CBPA interference showings that are obsolete due to the 
completion of the digital transition. These obsolete provisions would 
include the following: (1) prohibition on causing interference to the 
predicted Grade B contour of an analog full power television station or 
a modification application filed on or before November 1, 1999; (2) 
protection of the original DTV Table of Allotments, which has now been 
superseded and deleted from the Commission's rules; and (3) two 
additional requirements that are both obsolete due to the passage of 
time. We seek comment on our tentative conclusion.
    27. Further, we tentatively conclude that Class A-eligible stations 
seeking primary status under the LPPA must demonstrate that they do not 
cause interference to areas protected under our rules, including any 
future updates to those rules. Section 336(f)(7)(A)(ii)(II) of the CBPA 
required LPTV stations to demonstrate that they did not cause 
interference ``to the areas protected in the Commission's digital 
television regulations (47 CFR 73.622(e) and (f)).'' We recently 
proposed updates to these requirements. Accordingly, we tentatively 
conclude that these rule changes to Sec. Sec.  73.622(e) and 73.622(f), 
if adopted, will also apply to Class A-eligible LPTV stations seeking 
primary status under the LPPA and seek comment on this tentative 
conclusion.
    28. Protection of Low Power and Television Translator Stations. We 
tentatively conclude that an LPTV station that files an application to 
convert to Class A status under the LPPA will be required to protect 
LPTV and TV translator stations. The LPPA references the CBPA in 
requiring the protection of previously authorized LPTV/TV stations, as 
well as previously filed applications for these facilities. We note 
that when the CBPA was implemented, the Commission required Class A 
stations to protect ``the LPTV and TV translator protected contours on 
the basis of the standards given in Sec.  74.707, i.e., on the basis of 
compliance with certain desired-to-undesired signal strength ratios of 
the LPTV rules.'' We recently deleted this provision. The digital-to-
digital interference protection standards are now found in Sec. Sec.  
74.792 and 74.793. We tentatively conclude that LPTV stations that file 
applications to convert to Class A station under the LPPA will be 
required to make an absence of interference showing using these updated 
digital-to-digital rules, and seek comment on this tentative 
conclusion.
    29. Protection of Land Mobile Stations. We tentatively conclude 
that an LPTV station that converts to a Class A station under the LPPA 
will continue to be required to protect land mobile stations. LPTV 
stations are currently required to protect land mobile stations. 
Section 336(f)(7)(C) of the CBPA provides that the Commission may not 
grant a Class A license or modification of license where the Class A 
station will cause interference within the protected contour of land 
mobile stations. This protects land mobile radio services which have 
been allocated the use of TV channels 14-20 in certain urban areas of 
the country, as well as channel 16 in the New York City metropolitan 
area. In implementing the CBPA, the Commission implemented these 
protections in the manner prescribed in Sec.  74.709 of the LPTV rules. 
These rules have not changed. Thus, we tentatively conclude that LPTV 
stations that file applications to convert to Class A station under the 
LPPA will be required to make an absence of interference showing using 
these land mobile protection rules.
4. Designated Market Area
    30. We seek comment on multiple issues involving the LPPA's 
requirements related to Designated Market Areas (DMAs). The LPPA 
requires that an LPTV station must demonstrate that as of January 5, 
2023, the station ``operates in a Designated Market Area with not more 
than 95,000 television households.'' The LPPA further states that DMA 
means ``(A) a [DMA] determined by Nielsen Media Research or any 
successor entity; or (B) a [DMA] under a system of dividing television 
broadcast station licensees into local markets using a system that the 
Commission determines is equivalent to the system established by 
Nielsen Media Research . . .'' We seek comment on: (1) the meaning of 
the word ``operates'' in the LPPA, and (2) whether we should adopt the 
Nielsen Local TV Station Information Report (Local TV Report) for 
determining DMAs or an equivalent alternative local market system.
    31. In limiting eligibility to LPTV stations operating in a DMA or 
an equivalent with not more than 95,000 television households (a 
``qualifying DMA''), Congress apparently intended to convey the 
benefits of primary Class A status under the LPPA to small market LPTV 
stations that reach a relatively small number of potential viewers. 
``Operate'' in the LPPA could mean that an LPTV station's protected 
contour extends into the geographic area of a qualifying DMA. It could 
also mean that the station's transmission facilities, which includes 
the tower or building on which its antenna is mounted, are located 
within the qualifying DMA. We tentatively conclude that the LPTV 
station applying for Class A status under the LPPA must demonstrate 
that its transmission facilities are located within the qualifying DMA. 
We believe this interpretation is consistent with the apparent 
Congressional intent to limit Class A status to stations currently 
operating in small markets. We also propose that in order to make the 
necessary demonstration, applicants be required to provide the 
following information, as it existed as of the enactment date of the 
LPPA, January 5, 2023: (1) the coordinates of the station's 
transmission facilities (i.e., the tower or building on which its 
antenna is mounted); (2) the city/town/village/or other municipality 
and county in which the transmission facilities are located;

[[Page 22986]]

and (3) the qualifying DMA in which the station's transmission 
facilities are located. We seek comment on this proposal.
    32. We propose to use the Nielsen Local TV Station Information 
Report (Local TV Report) in determining the DMA where the LPTV 
station's transmission facilities were located as of January 5, 2023 
consistent with the Commission's recent Nielsen DMA Determination 
Update Order, and seek comment on this proposal. In November 2022, we 
adopted Nielsen's monthly Local TV Report as the successor publication 
to Nielsen's Annual Station Index and Household Estimates and 
determined that the Local TV Report should be used to define ``local 
market'' as stated in other statutory provisions and rules relating to 
carriage, including retransmission consent, distant signals, 
significantly viewed, and field strength contour. The record in that 
proceeding indicated that the Local TV Report is the sole source of 
information regarding DMA determinations and that there is no company 
currently accredited to determine the local market area of broadcast 
television stations.
    33. As noted above, the LPPA also permits the Commission to adopt 
an equivalent alternative local market system to Nielsen's DMA. The 
LPTV Broadcasters' Association (LPTVBA) requests that the Commission 
use, for purposes of the LPPA, Metropolitan Statistical Areas (MSAs) 
and Rural Service Areas (RSAs) as defined by the Office of Management 
and Budget (OMB). The general concept of an MSA is that of a core area 
containing a substantial population nucleus, together with adjacent 
communities having a high degree of economic and social integration 
with that core. The Census Bureau does not actually define ``rural.'' 
Rather, rural areas include all geographic areas that are not 
classified as urban. LPTVBA does not specify or explain which areas, 
which are based on Census Bureau data, it would have us use. We also 
note that these classifications, which are based on population, appear 
to have nothing to do with market assignment information or determining 
television broadcast station markets, unlike Nielsen DMAs. We seek 
comment on LPTVBA's position and on any alternative means of 
delineating DMAs using a system of dividing television broadcast 
station licensees into local markets that is equivalent to the system 
established by the Nielsen Media Research. Any commenter suggesting an 
alternative publication to the Nielsen Local TV Report should identify 
the publication as well as the similarities and differences in 
assigning stations to television markets, and explain why the 
alternative publication is preferable.
5. License Standards (Ongoing Eligibility Requirements)
    34. The LPPA provides that licenses issued to stations that convert 
to Class A status are subject to full power television station license 
terms and renewal standards, with certain exceptions, and that such 
licensees are required to remain in compliance with the LPPA's 
eligibility requirements for the term of their Class A license. We 
propose to implement these provisions as discussed below.
    35. As discussed above, we propose to require that converting 
stations comply with the Commission's operating rules for full power 
stations. We invite comment on this proposal.
    36. Next, we propose to require that these converting stations 
remain in compliance with eligibility requirements set forth above. As 
described in section III.B.2. above, such stations must continue, 
during the term of the Class A license, to: (1) broadcast a minimum of 
18 hours of programming per day, and (2) broadcast an average of at 
least 3 hours per week of ``locally produced programming,'' as defined 
above. In addition, the station must continue to comply with the 
interference requirements adopted in this proceeding. We invite comment 
on this proposal.
    37. Finally, we believe that in order to fulfill the continuing 
compliance mandate, stations that convert to Class A status must 
continue to operate in DMAs with not more than 95,000 television 
households in order to maintain their Class A status. We invite comment 
on this proposed interpretation. Also, under our proposal, a station 
that converted to Class A pursuant to the LPPA would no longer be 
eligible to retain Class A status if the population in its DMA later 
grows to more than 95,000 television households and propose to consider 
compliance with this element during the license renewal process. We 
seek comment on this proposal. What if Nielsen or another equivalent 
entity were to merge a qualifying DMA into another DMA such that the 
combined DMA has more than 95,000 television households? How likely is 
this to occur? Should a station affected by a decision of Nielsen to 
combine DMAs for purposes of the station's Class A eligibility under 
these proposed rules be allowed to file a complaint with the FCC and if 
so what procedure should be implemented to consider such challenges? 
What if the boundaries of a DMA are changed such that the number of TV 
households in the DMA increases to a number above the 95,000 TV 
household threshold under the LPPA? Should our interpretation of the 
LPPA DMA requirement depend on whether the station itself initiates a 
move to a non-qualifying DMA, or whether the change is beyond the 
station's control?

C. Application Process

    38. Applications for Class A Status. We propose to evaluate Class A 
status to eligible LPTV stations as a modification of the station's 
existing license. We propose that, for purposes of the LPPA, Class A 
applications be limited to the conversion of existing facilities as 
they exist at the time of application, without consideration of 
modifications to those facilities. We tentatively conclude that this 
approach is consistent with the limited opportunity intended by the 
LPPA. It will also allow expeditious consideration of all applications, 
and will eliminate delays that could arise from the possibility of 
mutual exclusivity between a Class A conversion application and other 
licensed full power or Class A facilities, were we to entertain license 
modifications during the application window. A licensed LPTV station 
holding a construction permit to modify its facilities will either need 
to license those permitted facilities before applying to convert to 
Class A status, or may apply for a modification after the Commission 
has processed the applications from the window. We invite comment on 
this approach.
    39. When implementing the CBPA, the Commission required stations 
applying for Class A status to provide local public notice of 
applications for Class A statues ``since the nature of the underlying 
service is changing from secondary to primary service.'' We tentatively 
conclude for the same reason that local public notice of applications 
pursuant to the LPPA should also be required. We seek comment on this 
tentative conclusion.
    40. Application Form. We propose that an application for 
modification of the LPTV station's existing license to convert to Class 
A status be filed using FCC Form 2100, Schedule F. We propose to 
require that such applications be filed electronically. Effective March 
2, 2023, the filing fee for an application to convert to Class A 
designation is $425. We invite comment on these matters.

[[Page 22987]]

D. TV Broadcast Incentive Auction, Post-Auction Transition, and 
Reimbursement

    41. The LPPA provides that it may not affect the Commission's work 
related to the Broadcast Incentive Auction. In 2012, Congress passed 
the Spectrum Act that authorized the Commission to reorganize the 
ultra-high frequency (UHF) band using a two-sided incentive auction 
that reallocated broadcast television spectrum for mobile broadband 
services. The post-incentive auction transition period ended on July 
13, 2020, by which time full power and Class A television stations that 
were reassigned to new channels were required to vacate their pre-
auction channels. Although LPTV stations were not eligible to 
participate in the incentive auction, some LPTV stations were displaced 
as a result of the reorganization of broadcast spectrum, and the 
Commission held a special displacement window to allow such LPTV 
stations to request construction permits for new channels in the 
smaller broadcast television band. The Spectrum Act also requires the 
Commission to reimburse full power and Class A broadcast television 
licensees for costs reasonably incurred in relocating to new channels 
assigned in the repacking process. In 2018, Congress adopted the 
Reimbursement Expansion Act (REA), directing the Commission also to 
reimburse costs reasonably incurred by a eligible LPTV stations 
consistent with authorizations awarded in the special displacement 
window. Reimbursement of eligible relocation expenses is ongoing.
    42. Given that the transition and reimbursement programs have 
established rules and procedures and that substantial progress has been 
made toward completion of the reimbursement process, we tentatively 
conclude that nothing in the LPPA or in implementation of the LPPA with 
a change in a station's status from LPTV to Class A, or in the 
proposals herein, can or will affect the Commission's work related to 
the Broadcast Incentive Auction. We seek comment on this tentative 
conclusion.

E. Digital Equity and Inclusion

    43. Finally, the Commission, as part of its 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, invites comment on any 
equity-related considerations and benefits (if any) that may be 
associated with the proposals and issues discussed herein. 
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.

F. Procedural Matters

    44. Ex Parte Rules--Permit-But-Disclose. The proceeding this NPRM 
initiates shall be treated as a ``permit-but-disclose'' proceeding in 
accordance with the Commission's ex parte rules.\1\ Persons making ex 
parte presentations must file a copy of any written presentation or a 
memorandum summarizing any oral presentation within two business days 
after the presentation (unless a different deadline applicable to the 
Sunshine period applies). Persons making oral ex parte presentations 
are reminded that memoranda summarizing the presentation must (1) list 
all persons attending or otherwise participating in the meeting at 
which the ex parte presentation was made, and (2) summarize all data 
presented and arguments made during the presentation. If the 
presentation consisted in whole or in part of the presentation of data 
or arguments already reflected in the presenter's written comments, 
memoranda, or other filings in the proceeding, the presenter may 
provide citations to such data or arguments in his or her prior 
comments, memoranda, or other filings (specifying the relevant page 
and/or paragraph numbers where such data or arguments can be found) in 
lieu of summarizing them in the memorandum. Documents shown or given to 
Commission staff during ex parte meetings are deemed to be written ex 
parte presentations and must be filed consistent with rule 1.1206(b). 
In proceedings governed by rule 1.49(f) or for which the Commission has 
made available a method of electronic filing, written ex parte 
presentations and memoranda summarizing oral ex parte presentations, 
and all attachments thereto, must be filed through the electronic 
comment filing system available for that proceeding, and must be filed 
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). 
Participants in this proceeding should familiarize themselves with the 
Commission's ex parte rules.
---------------------------------------------------------------------------

    \1\ 47 CFR 1.1200 et seq.
---------------------------------------------------------------------------

    45. Filing Requirements--Comments and Replies. 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).
    46. Electronic Filers: Comments may be filed electronically using 
the internet by accessing the ECFS: https://apps.fcc.gov/ecfs/.
    47. Paper Filers: Parties who choose to file by paper must file an 
original and one copy of each filing.
    48. 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.
    49. 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.
    50. U.S. Postal Service first-class, Express, and Priority mail 
must be addressed to 45 L Street NE, Washington, DC 20554.
    51. 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.
    52. During the time the Commission's building is closed to the 
general public and until further notice, if more than one docket or 
rulemaking number appears in the caption of a proceeding, paper filers 
need not submit two additional copies for each additional docket or 
rulemaking number; an original and one copy are sufficient.
    53. Regulatory Flexibility Act. The Regulatory Flexibility Act of 
1980, as amended (RFA), requires that an agency prepare a regulatory 
flexibility analysis for notice and comment rulemakings, unless the 
agency certifies that ``the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small 
entities.'' Accordingly, we have prepared an Initial Regulatory 
Flexibility Analysis (IRFA) concerning the possible impact of potential 
rule and/or policy changes contained in this NPRM on small

[[Page 22988]]

entities. The IRFA is set forth in Appendix B.
    54. Paperwork Reduction Act. 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.
    55. 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 and Governmental Affairs Bureau at (202) 418-0530.
    56. Additional Information. For additional information on this 
proceeding, contact Kim Matthews, [email protected], of the Policy 
Division, Media Bureau, (202) 418-2154, or Joyce Bernstein, 
[email protected], of the Video Division, Media Bureau, (202) 
418-1647.

Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act of 1980, as amended 
(RFA), the Commission has prepared this Initial Regulatory Flexibility 
Analysis (IRFA) concerning the possible significant economic impact on 
small entities by the policies and rules proposed in the 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 provided on the first page 
of the NPRM. The Commission will send a copy of the NPRM, including 
this IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA). In addition, the NPRM and IRFA (or summaries 
thereof) will be published in the Federal Register.

A. Need for, and Objectives of, the Proposed Rules

    The Commission initiates this rulemaking proceeding to implement 
the Low Power Protection Act (LPPA or Act), as enacted on January 5, 
2023. The LPPA provides certain low power television (LPTV) stations 
with a ``limited window of opportunity'' to apply for primary spectrum 
use status as Class A television stations. The NPRM also seeks comment 
on how to implement the window consistent with Congressional direction.
    We tentatively conclude that the application window will be limited 
to the one year application window contemplated by the Act, and that an 
application filed for Class A status must demonstrate that the LPTV 
station operated in a Designated Market Area (DMA) with not more than 
95,000 television households on January 5, 2023. We also tentatively 
conclude that LPTV stations that convert to Class A status under the 
LPPA must comply with the interference protection standards set forth 
in Sec.  336(f)(7) of the Communications Act of 1934, with the 
exception of those provisions that are now obsolete given the 
transition of all television stations from analog to digital 
operations. We propose to apply the Commission's recently updated 
definition of an LPTV station for purposes of determining which 
stations are eligible for Class A status under the LPPA and to codify 
in our rules the eligibility criteria set forth in the LPPA. We also 
propose to implement provisions of the LPPA which provide that licenses 
issued to stations that convert to Class A status are subject to full 
power television station license terms and renewal standards, with 
certain exceptions, and that such licensees are required to remain in 
compliance with the LPPA's eligibility requirements for the term of 
their Class A license. We propose to evaluate Class A status to 
eligible LPTV stations as a modification of the station's existing 
license. We seek comment on our tentative conclusion that nothing in 
the LPPA, or in the proposals in the NPRM, affects the Commission's 
work related to the Broadcast Incentive Auction. Lastly, 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.

B. Legal Basis

    The proposed action is authorized pursuant to Sec. Sec.  1, 2, 
4(i), 4(j), 303, 307, 309, 311, and 336(f) of the Communications Act of 
1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(j), 303, 307, 309, 
311, 336(f) and the Low Power Protection Act, Pub. L. 117-344, 136 
Stat. 6193 (2023).

C. 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. 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 such 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. 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.
    As of December 31, 2022, there were 1,375 licensed commercial 
television stations. Of this total, 1,282 stations (or 93.2%) had 
revenues of $41.5 million or less in 2021, according to Commission 
staff review of the BIAKelsey Media Access Pro Online Television 
Database (MAPro) on January 13, 2023, and therefore these licensees 
qualify as small entities under the SBA definition. In addition, the 
Commission estimates as of December 31, 2022, there were 383 licensed 
noncommercial educational (NCE) television stations, 383 Class A TV 
stations, 1,912 LPTV stations, and 3,122 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

[[Page 22989]]

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.

D. Description of Projected Reporting, Recordkeeping, and Other 
Compliance Requirements for Small Entities

    In this section, we identify the reporting, recordkeeping, and 
other compliance requirements proposed in the NPRM and consider whether 
small entities are affected disproportionately by any such 
requirements. In assessing the cost of compliance for small entities, 
at this time the Commission cannot quantify the cost of compliance with 
the proposed rules that may be adopted. Further, the Commission is not 
in a position to determine whether, if adopted, the proposals and 
matters upon which we seek comment in the NPRM will require small 
entities to hire professionals to comply. We expect the information we 
receive in comments, including cost information where requested, to 
help the Commission identify and evaluate relevant compliance matters 
for small entities, including compliance costs and other burdens that 
may result from potential changes discussed in the NPRM.
    The LPPA requires that, to be eligible for Class A status, during 
the 90 days preceding the date of enactment of the LPPA an LPTV station 
must have broadcast a minimum of 18 hours/day and an average of at 
least 3 hours per week of programming produced within the ``market 
area'' served by the station and have been in compliance with the 
Commission's requirements for LPTV stations. We propose to require that 
small and other applicants seeking to convert to Class A status under 
the LPPA be required to certify in their application for Class A status 
that they have complied with these eligibility requirements during the 
90 days preceding the January 5, 2023 enactment of the statute. We also 
propose to require applicants to provide documentation as part of their 
application supporting their certifications, and we propose that the 
Commission staff could also request additional documentation if 
necessary during consideration of the application.
    Beginning on the date of its application for a Class A license and 
thereafter, a station ``must be in compliance with the Commission's 
operating rules for full-power stations.'' We propose to apply to small 
and other applicants for Class A status under the LPPA, and to stations 
that are awarded Class A licenses under that statute, all part 73 
regulations except for those that cannot apply for technical or other 
reasons. For example, Class A stations must comply with the 
requirements for informational and educational children's programming, 
the political programming and political file rules, and the public 
inspection file rule. The NPRM invites comment on this proposed 
approach.
    The LPPA requires that a station that converts to Class A status 
pursuant to the statute continue to meet the eligibility requirements 
of the LPPA during the term of the station's Class A license. To be 
eligible under the LPPA, in addition to other eligibility requirements, 
section 2(c)(2)(B)(iii) of the Act requires an LPTV station must ``as 
of the date of enactment'' of the LPPA operate in a DMA with not more 
than 95,000 television households. Section 2(c)(3)(B) of the Act, 
however, requires that stations that convert to Class A status under 
the LPPA ``remain in compliance'' with paragraph (2)(B) ``during the 
term of the license.'' We propose to interpret section 2(c)(3)(B) to 
require that stations that convert to Class A status, including small 
entities, remain in DMAs with not more than 95,000 television 
households in order to maintain their Class A status, and invite 
comment on this proposed interpretation. In addition, licensed Class A 
stations must also continue to meet the minimum operating requirements 
for Class A status. Licensees unable to continue to meet the minimum 
operating requirements for Class A television stations, or that elect 
to revert to low power television status, must promptly notify the 
Commission, in writing, and request a change in status. The NPRM also 
proposes that stations that convert to Class A status pursuant to the 
LPPA comply with all rules applicable to existing Class A stations, 
including interference requirements.
    The NPRM proposes to require small and other stations seeking to 
convert to Class A designation pursuant to the LPPA to submit an 
application to the Commission within one year of the effective date of 
the rules adopted in this proceeding. The NPRM invites comment on 
whether the Commission should continue to accept applications to 
convert to Class A status under the LPPA beyond the one-year 
application period set forth in the statute and/or allow deviation from 
the strict statutory eligibility criteria under the statute.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities and Significant Alternatives Considered

    The RFA requires an agency to describe any significant, 
specifically small business, alternatives that it has considered in 
reaching its proposed approach, which may include the following four 
alternatives (among others): ``(1) the establishment of differing 
compliance or reporting requirements or timetables that take into 
account the resources available to small entities; (2) the 
clarification, consolidation, or simplification of compliance and 
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.''
    The NPRM seeks comment generally on its proposals implementing the 
LPPA's statutory mandates. In one area that may have a significant 
impact on small entities, the LPPA gives the Commission discretion to 
determine that ``the public interest, convenience, and necessity would 
be served'' by treating a station as a qualifying LPTV station, or that 
a station should be considered to qualify for such status ``for other 
reasons determined by the Commission.'' In light of this discretion, 
the NPRM invites comment on whether the Commission should continue to 
accept applications to convert to Class A status under the LPPA beyond 
the one-year application period set forth in the statute and/or allow 
deviation from the strict statutory eligibility criteria set forth in 
the statute, particularly when potential applicants are not able to 
file in a timely manner based on circumstances beyond their control. 
The NPRM also considers whether the Commission should require small and 
other applicants to submit specific documents to support certification 
or whether we should give stations more latitude with respect to the 
types of documentation they submit with their application. Providing 
this flexibility may reduce the economic burden for small entities. 
Another action we take in the NPRM which could reduce the economic 
impact for small entities is to seek comment on whether the Commission 
should deviate from our strict statutory eligibility criteria for small 
and other applicants where deviations of insignificant or compelling 
circumstance such as equity require a deviation. In determining how an 
applicant will demonstrate whether they operate within a DMA required 
by the LPPA, we seek comment on whether we should use the Nielsen Local 
TV

[[Page 22990]]

Station Information Report (Local TV Report) or consider requests to 
use other reputable alternative data sources to make this 
determination. In the NPRM, we also invite comment on the all the 
proposed approaches and on any alternatives, which will provide the 
Commission additional information on possible steps that can be taken 
to minimize any significant impact on small entities.

F. Federal Rules That May Duplicate, Overlap, or Conflict With the 
Proposed Rules

    None.
    57. Accordingly, it is ordered that, pursuant to the authority 
found in Sec. Sec.  1, 2, 4(i), 4(j), 303, 307, 309, 311, and 336(f) of 
the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 
154(j), 303, 307, 309, 311, 336(f), and the Low Power Protection Act, 
Pub. L. 117-344, 136 Stat. 6193 (2023), this Notice of Proposed 
Rulemaking is adopted.
    58. It is further ordered that the Commission's Consumer and 
Government Affairs Bureau, Reference Information Center, shall send a 
copy of this Notice of Proposed Rulemaking, including the Initial 
Regulatory Flexibility Act Analysis, to the Chief Counsel for Advocacy 
of the Small Business Administration.

List of Subjects in 47 CFR Part 73

    Television.

Federal Communications Commission.
Marlene Dortch,
Secretary.

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

PART 73--RADIO BROADCAST SERVICES

0
1. 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
2. Add Sec.  73.6030 to read as follows:


Sec.  73.6030  Low Power Protection Act.

    (a) Definitions. For purposes of the Low Power Protection Act, a 
low power television station's Designated Market Area (DMA) shall be 
defined as the DMA where its transmission facilities (i.e., the tower 
or building on which its antenna is mounted) are located. DMAs are 
determined by Nielsen Media Research and published in the Nielsen Local 
TV Station Information Report. A low power television station shall be 
defined in accordance with Sec.  74.701(k).
    (b) Eligibility Requirements. In order to be eligible for Class A 
status under the Low Power Television Protection Act, low power 
television licensees must:
    (1) have been operating in a DMA with not more than 95,000 
television households as of January 5, 2023;
    (2) have been broadcasting a minimum of 18 hours per day between 
October 7, 2022 and January 5, 2023;
    (3) have been broadcasting a minimum of at least three hours per 
week of locally produced programming between October 7, 2022 and 
January 5, 2023;
    (4) have been operating in compliance with the Commission's 
requirements applicable to low power television stations between 
October 7, 2022 and January 5, 2023;
    (5) be in compliance with the Commission's operating rules for 
full-power television stations from and after the date of its 
application for a Class A license; and
    (6) demonstrate that the Class A station for which the license is 
sought will not cause any interference described in 47 U.S.C. 
336(f)(7).
    (c) Application Requirements. Applications for conversion to Class 
A status must be submitted using FCC Form 2100, Schedule F within one 
year beginning on the date on which the Commission issues notice that 
the rules implementing the Low Power Protection Act takes effect. The 
licensee will be required to submit, as part of its application, 
documentation sufficient to support its certification that the licensee 
meets the eligibility requirements for a Class A license under the Low 
Power Protection Act.
    (d) Licensing Requirements. A Class A television broadcast license 
will only be issued under the Low Power Protection Act to a low power 
television licensee that files an application for a Class A Television 
license (FCC Form 2100, Schedule F), which is granted by the 
Commission.
    (e) Service Requirements. Stations that convert to Class A status 
pursuant to the Low Power Protection Act are required to meet the 
service requirements specified in Sec.  73.6001(b) through (d) of this 
chapter for the term of their Class A license. In addition, such 
stations must remain in compliance with the programming and operational 
standards set forth in the Low Power Protection Act for the term of 
their Class A license. In addition, such stations must continue to 
operate in DMAs with not more than 95,000 television households in 
order to maintain their Class A status.
    (f) Other regulations. From and after the date of applying for 
Class A status under the Low Power Protection Act, stations must comply 
with the requirements applicable to Class A stations specified in 
Sec. Sec.  73.6001(b) through (d) and 73.6026 of this chapter for the 
term of their Class A license.
    Except as otherwise provided in this paragraph (Sec.  73.6030), the 
regulations in part 73, subpart J of the Commission's rules (Sec. Sec.  
73.6000 through 73.6029) shall apply to stations that apply to convert, 
and that convert, to Class A status pursuant to the Low Power 
Protection Act. Stations that convert to Class A status pursuant to the 
Low Power Protection Act must comply with the requirements applicable 
to Class A stations specified in Sec.  73.6026 of this chapter for the 
term of their Class A license.

[FR Doc. 2023-07660 Filed 4-13-23; 8:45 am]
BILLING CODE 6712-01-P