[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Rules and Regulations]
[Pages 7224-7265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24626]
[[Page 7223]]
Vol. 89
Thursday,
No. 22
February 1, 2024
Part III
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; Final Rule
Federal Register / Vol. 89 , No. 22 / Thursday, February 1, 2024 /
Rules and Regulations
[[Page 7224]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 27, 73, and 74
[MB Docket No. 22-227, FCC 23-72; FR ID 173529]
Establishing Rules for Full Power Television and Class A
Television Stations
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission or FCC) adopts several rule updates for full power 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. The Commission also adopts a
restructuring of its full power television rules, which largely consist
of the technical licensing, operating, and interference rules for full
power television.
DATES: Effective March 4, 2024, except for the amendments in
instruction 15 (Sec. 73.619), instruction 21 (Sec. 73.625);
instruction 52 (Sec. 73.1250); instruction 53 (Sec. 73.1350);
instruction 56 (Sec. 73.1560); instruction 59 (Sec. 73.1615);
instruction 60 (Sec. 73.1620); instruction 61 (Sec. 73.1635);
instruction 62 (Sec. 73.1675); instruction 63 (Sec. 73.1690);
instruction 64 (Sec. 73.1740); instruction 65 (Sec. 73.1750);
instruction 66 (Sec. 73.2080); instruction 75 (Sec. 73.3540);
instruction 78 (Sec. 73.3544); instruction 79 (Sec. 73.3549);
instruction 80 (Sec. 73.3550); instruction 86 (Sec. 73.3598);
instruction 103 (Sec. 73.5006); instruction 116 (Sec. 73.6024); and
instruction 117 (Sec. 73.6025), which are delayed indefinitely. The
Media Bureau will publish a separate document in the Federal Register
announcing the effective date of these amendments. The incorporation by
reference of certain material listed in the rule was approved by the
Director of the Federal Register as of October 11, 2011.
FOR FURTHER INFORMATION CONTACT: Emily Harrison, Media Bureau, at (202)
418-1665 or [email protected]. For additional information
concerning the Paperwork Reduction Act (PRA) information collection
requirements contained in this document, contact Cathy Williams at 202-
418-2918, or [email protected].
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, in MB Docket No. 22-227; FCC 23-72, adopted on
September 18, 2023, and released on September 19, 2023. The full text
of this document is available for download at https://www.fcc.gov/document/fcc-updates-rules-television-and-class-television-stations. To
request materials in accessible formats (braille, large print, computer
diskettes, or audio recordings), please send an email to [email protected]
or call the Consumer & Government Affairs Bureau at (202) 418-0530
(VOICE), (202) 418-0432 (TTY).
Paperwork Reduction Act of 1995 Analysis
This document may contain new or modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13, see 44 U.S.C. 3507. The Commission, as part of its
continuing effort to reduce paperwork burdens, will invite the general
public, the Office of Management and Budget (OMB), and other federal
agencies to comment on the information collection requirements
contained in this document in a separate Federal Register Notice, as
required by the PRA. All such new or modified information collections
will become effective after the Commission publishes a document in the
Federal Register announcing such approval and the relevant effective
date.
In addition, pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission
previously sought specific comment on how the Commission might further
reduce the information collection burden for small business concerns
with fewer than 25 employees.
Congressional Review Act
The Commission will send a copy of this Report and Order to
Congress and the Government Accountability Office (GAO) pursuant to the
Congressional Review Act, 5 U.S.C. 801(a)(1)(A).
Synopsis
Incorporation by Reference
The Commission's adopted rules 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 (June 2023), available at https://www.archives.gov/federal-register/write/ibr. 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 the
locations in which they appear in the amendatory text: ATSC A/52; ATSC
A/53; Parts 1-4 and 6: 2007; ATSC A/53 Part 5: 2010; ATSC A/65C; and
OET Bulletin No. 69.
Deletion of Obsolete Rules and Language Recognizing the Full Power and
Class A Digital Transition
As stated in the NPRM, full power television stations were required
to terminate all analog operations no later than June 12, 2009, and
Class A stations by September 1, 2015. Accordingly, the NPRM proposed
to amend our rules to reflect those transitions. With the exception of
two of our proposals discussed at the end of this section, the comments
we received were generally supportive of the effort to update our
rules, and therefore, for the reasons discussed in the NPRM, and
described below, we adopt those proposals as detailed below.
We 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 Television Broadcast
Stations). The rules we amend are related to analog operations (i.e.,
rules that reference ``NTSC'' or ``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) and (h) (removing analog
technical
[[Page 7225]]
references); 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 47 CFR 73.5000(a) (Services subject
to competitive bidding), we delete the word ``analog'' where it appears
in the rule because there is no need to differentiate between analog
and digital television services. We eliminate references to Grade A,
Grade B, city grade contours, or F(50,50) curves. See 47 CFR 73.683(a)
through (b) (Field strength contours and presumptive determination of
field strength at individual locations); 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 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). Or, we replace
references to Grade A, Grade B, city grade contours, or F(50,50) curves
with the corresponding digital contours defined in Sec. Sec.
73.625(a), 73.622(e), 73.6010, and/or 74.792. See 47 CFR
73.1675(a)(1)(iii) (Auxiliary antennas) (deleting analog contour and
replacing with digital noise limited contour); and 73.5007(b)(2)(iii)
and (b)(3)(iv) (Designated entity provisions).
We also amend or eliminate rules that reference peak power, visual
or aural carriers, or carrier frequencies because these are technical
engineering terms related to analog television operations. See 47 CFR
73.653 (Operation of TV aural and visual transmitters); 73.664(a)
through(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 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), Figure 12 (Figure 12 is referenced only by
73.687(b), which we 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) through (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 amend or eliminate such rules as 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 amend or
eliminate 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. As noted in
the NPRM, these references are technical engineering terms associated
with analog television 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) (deleting 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;'' and ``Visual transmitter''); 73.699 (TV engineering
charts) (Figures 5, 5(a), 6, 7, 8, 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
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 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 amend
have a digital equivalent elsewhere in the rules, and for all of these
cases, we either modify the analog reference to specify a digital
equivalent. Sections 73.682(a)(2) through (13) and (15) through (24)
(TV transmission standards) are replaced by Sec. 73.682(d). The
digital equivalent of Sec. 73.687(e)(1) (Transmission system
requirements) is replaced by Sec. 73.622(h), which we are moving to
Sec. 73.611. 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 replacing
the reference to Sec. 74.783(d) with Sec. 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 Sec. 74.787(a)(4). Or, delete the analog-related rule
entirely. Section 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 moving to Sec. 73.620(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 moving into other
rule parts in the reorganization of our rules; the reference in Sec.
73.681 is removed. The digital
[[Page 7226]]
equivalent of Sec. 73.685(a) through (c) (Transmitter location and
antenna system) is found in Sec. 73.625(a)(1) through (3), which we
are moving to Sec. 73.618. The digital equivalent of Sec. 73.685(f)
(Transmitter location and antenna system) is contained in Sec.
73.625(c)(3), which also applies to Sec. Sec. 73.1690(b)(3) and (c)(3)
(Modification of transmission systems). The digital equivalent of Sec.
73.698 (Tables) is replaced by Sec. 73.623(d)(2), which we are moving
to Sec. 73.622(k). 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.
We also amend rule section headings and rules in subpart E (47 CFR
73.616 (section heading), (a) through (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 deleting
reference to out-of-core-channels), (c)(1), (e)(1), (f)(6), (f)(7),
(f)(8) (also deleting references to out-of-core channels) (Digital
television table of allotments); 73.623 (updating section heading), (a)
through (f) and (h) (DTV applications and changes to DTV allotments);
73.624 (updating section heading), (a) through (c) and (g) (Digital
television broadcast stations); 73.625 (updating section heading),
(a)(1), (b)(1), (b)(3), (c)(4)(i) through (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)),
subpart H (47 CFR 73.1201(b)(1) (Station identification)), and subpart
J (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 station
protection of low power TV, TV translator, digital low power TV and
digital TV translator stations); 73.6020 (Protection of stations in the
land mobile radio service); 73.6022(a) (Negotiated interference and
relocations agreements); 73.6023 (Distributed transmission systems);
and 73.6024(d) (Transmission standards and system requirements). We
also 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 adopt a non-substantive, technical revision to
Sec. 73.6023(b) and (c) to remove ``DTV'' and ``digital'' to be
consistent with the changes we adopt herein) to remove references to
digital television (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. We remove from certain part 74 rules
inadvertent references to DTV and digital television service,
overlooked in a prior part 74 rulemaking, 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 Amendment of Parts 73 and 74
of the Commission's Rules to Establish Rules for Digital Low Power
Television and Television Translator Stations, Update of Parts 74 of
the Commission's Rules Related to Low Power Television and Television
Translator Stations, MB Docket Nos. 22-261 and 03-185, Order and Sixth
Notice of Proposed Rulemaking, FCC 22-58 (July 13, 2022) (``2022 Part
74 Order'' or ``Part 74 NPRM''); Erratum, FCC 22-58 (Sept. 9, 2022);
Report and Order, FCC 23-25 (Apr. 17, 2023) (2023 Part 74 Report and
Order). See 47 CFR 74.792(b) (Low power TV and TV translator station
protected contour); 74.793(e), (g) through (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 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 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. In the NPRM, we noted that a small
number of translator stations in Alaska were still operating in analog.
All of those stations have now either converted to digital or canceled
the licenses, and, as such, that matter is moot. We also 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. See 47 CFR 73.622(d)(1) through (2), Note to
(e)(2), (e)(3), (f)(5), (f)(6), (f)(7), and (f)(8) (Digital television
table of allotments); 73.623(a) through (b), (c)(2), (c)(3), (c)(5),
(d), and (h) (DTV applications and changes to DTV allotments);
73.624(a), (b)(1) through (2), (d) through (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 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 delete
this section of the rule. Similarly, we delete the last five sentences
of Sec. 73.622(c)(1), which discuss procedures for filing applications
for channel changes made in the deleted subsection (b), DTV Table of
Allotments, citing the 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 (1998) (MO&O on Reconsideration of the Sixth
R&O), and analog channel swaps. We do the same in subpart H, since
these services were not carried over into digital operations. 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); 73.3572 (section heading, (a)(2),
(c) and (f) through (g)) (Processing of TV broadcast, Class A TV
broadcast, low power TV, TV translators, and TV booster applications);
73.3584(a), (c) (Procedure for filing petitions to deny); and
73.3598(a) introductory text (Period of construction). Finally, we
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 the rule
changes above. See 47 CFR 73.6026
[[Page 7227]]
(deleting 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 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).
We also adopt our proposal to remove references to an element of
the Table of Allotments that has been previously updated. As we
explained in the NPRM, to accommodate the analog to digital television
transition, the Commission adopted Sec. 73.622(b) (DTV Table of
Allotments) to allot a paired DTV channel to each analog television
licensee and permittee. See 47 CFR 73.622(b) (2021) (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);
MO&O on Reconsideration of the Sixth R&O. The Commission later deleted
Sec. 73.622(b), leaving behind successor Sec. 73.622(i) (Post-
Transition Table of Allotment). 47 CFR 73.622(i); see also October 2021
Order at Appendix (removing Sec. 73.622(b)). The rules, however,
continue to refer to ``Appendix B,'' which specified the technical
parameters and service area that must be protected for each channel
allotted in Sec. 73.622(b) during most of the transition period. We
therefore remove references to ``Appendix B'' in our rules as obsolete.
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 of the Sixth R&O.
We note that Sec. 73.622(f)(3)(i) and (ii) both refer to policies
specific to Appendix B, and thus, we delete them.
We 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) through (b) and Note (Protection from
interference). Consistent with the tentative conclusions in the NPRM,
we find that 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 delete Sec. 73.622(g)(2), which
pertains to protection of analog TV signals by an upper-adjacent
digital signal. See MO&O on Reconsideration of the Sixth R&O, 13 FCC
Rcd at 7467, para. 120. We also eliminate Sec. 73.1620(f) (Program
tests) since it refers to a policy of allowing 1000 watt ultra-high
frequency (UHF) translators on vacant allotments, a policy which was
ended prior to 1984, and eliminate from Sec. 73.6024(b) (Transmission
standards and system requirements) a reference to Sec. 74.736, as that
section was recently eliminated in the 2022 Part 74 Order. We also
eliminate Sec. Sec. 73.685(g) (Transmitter location and antenna
system) and 73.6025(b) (Antenna system and station location) because
those rules were adopted many decades ago for the analog era and are
not relevant to or used in the digital environment.
Minor Modifications to Proposed Amendments to Section 73.614(b) and
Analog Technical Rules. We next turn to evaluating the comments we
received with two changes proposed in the NPRM. First, the National
Association of Broadcasters (NAB) notes that the NPRM ``correctly
states that `digital TV signals do not have specific visual or aural
carriers.' '' Yet, as proposed in the NPRM, Sec. 73.614(a) would have
retained the term ``visual effective radiated power.'' NAB argues that
``[s]ince DTV operations are fundamentally data streams that may carry
video, audio, or other data the word `visual' has no meaning and should
be eliminated.'' We agree. We therefore adopt our proposal in the NPRM
to amend this rule with a minor modification to delete the word
``visual,'' as reflected in Sec. 73.614(a) in Appendix A of this
Report and Order.
Second, we decline to make another modification requested by NAB.
The NPRM proposed to eliminate Sec. 73.615 because the Commission
staff's current practice in evaluating technical proposals and issuing
authorizations provides additional precision beyond what the text of
the current rule requires, since authorizations are now based on the
more precise kilowatt (kW) value as opposed to dBk and do not round
HAAT values as described in this rule. See 47 CFR 73.615
(Administrative changes in authorizations). As explained in the NPRM,
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 Bureau,
however, authorizes stations today based on kilowatts, 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, the NPRM proposed to remove the dBk reference in Sec.
73.614(a).
NAB comments that the current and proposed rules specify formulas
for determining effective radiated power (ERP) as a function of HAAT
with the results in logarithmic units of dBk, and claims that the
proposed change fails to define the significant figures to use and will
lead to confusion. NAB also argues that since Sec. 73.615 currently
describes how to convert power in dBk to power in kilowatts and
specifies the number of significant figures and the rules for rounding
the results, the proposed deletion of Sec. 73.615 makes the
determination of ERP in kilowatts ambiguous. NAB further argues the
revised rule should define the algorithm that produces that result and
``computer software used by FCC staff'' should be modified to match the
formulas in the rules. NAB believes that the ``staff's current
practice'' will inevitably result in inconsistent results between the
staff's practice and the rules, and gives an example of a UHF station
where it believes the allowable ERP (to the nearest 0.1 dBk) of 20.4
dBk converts to 110 kW when rounded to three significant figures as
presently specified in the rules. NAB believes that when calculated
using the staff's ``arbitrary precision,'' the same station would be
allowed just 108.4 kW (to four significant figures) or 108 kW (to three
significant figures) absent the administrative rounding provisions of
Sec. 73.615. NAB states that this can cause confusion when applying
the largest station in the market rule (currently Sec. 73.622(f)(5)
and proposed 73.614(b)(6)) and potentially require modification of
longstanding authorizations to reflect a changed calculation
methodology. NAB further added that the ``language of present rule
Section 73.615 concerning administrative changes in authorizations is
an essential complement to the formulas in Section 73.614, which
specify station radiated power levels in decibels above on [sic]
kilowatt (dBk).'' NAB also maintains that it ``is troubled by the
apparent acknowledgement in the NPRM that the staff's practice has been
inconsistent with the plain language of the rules for years,'' and that
if the Commission now wishes to amend its rules to bring them into
alignment with the staff's preferences and practices, the Commission
should grandfather existing operating parameters for current stations
so that no broadcaster is penalized for that choice.
We disagree with NAB's assessment of this issue. First, while NAB
claims that the Commission staff has applied a standard that is
inconsistent with the
[[Page 7228]]
rules in processing applications, the fact is that the Commission rule
(47 CFR 73.615) stating how to specify power in TV broadcast
authorizations applies to analog operations only. The Commission
proposed a digital full power Table of Allotments in 1996 by specifying
ERP in kilowatts, and all tables adopted by the Commission since then
use similar ERP values in kilowatts. The use of kilowatt ERP values has
continued through the present time, including use in the ``tv_process''
software the Media Bureau used for application processing in the past,
and the TVStudy software the Media Bureau currently uses for
application processing. Second, given the Commission's implementation
of a system using ERP in kilowatts for digital stations in the 1997
Order, the ERP in the digital television broadcast station license and
modification authorizations issued by the Media Bureau have since been
issued in kilowatts. NAB is therefore incorrect to suggest that there
is any conversion or algorithm being applied. Current Sec. 73.615 is
an analog-era rule that was never applied to digital authorizations so
no such conversion or algorithm is applied. Moreover, all full power
and Class A television stations have a digital authorization given in
kilowatts, so there is no need to modify outstanding digital
authorizations, and no confusion should occur as a station's ERP would
be given as 110 kW, 108.4 kW, or 108 kW, as appropriate, on its
existing authorization. Third, evaluation of the largest station in the
market under Sec. 73.622(f)(5) has been conducted using the more
precise kilowatt values found in the Commission's LMS database rather
than the dBk values to three significant figures. For these reasons,
with respect to NAB's request that the Commission grandfather existing
operating parameters, we find that since all full power and Class A
television stations are operating with digital only facilities and are
all operating with authorizations issued based on kilowatts, it is
unnecessary to grant NAB's request. Finally, in response to NAB's
contention that removal of this rule will lead to confusion, we
disagree. Since Sec. 73.615 is an analog rule, it has not applied to
digital operation and we are unaware of any actual instance where a
station's power level would be impacted by removal of the analog rule.
Further, requiring such rounding for power limits would reduce
flexibility for stations attempting to conduct a largest station in the
market analysis or a loss analysis by artificially preventing them from
choosing a more precise power level which may allow stations to more
closely match the service they are attempting to replicate. We
therefore adopt the changes to Sec. 73.615 as proposed in the NPRM.
Updates and Corrections to the Full Power and Class A Rules
The NPRM proposed to make several updates and corrections to the
full power and Class A rules. The comments received were generally
supportive of the effort to update our rules, and we received no
specific objection to these proposals. Thus, for the reasons discussed
in the NPRM, and described below, we adopt the proposals as detailed
below.
We 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 subsection (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, 1696-7, 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 of 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, 9986-7,
para. 114 (2017) (in adopting the rule, the Commission stated that
``after 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
make a similar revision in 47 CFR 73.686(c)(1)(i) to conform the rule
to 47 CFR 73.616. We also 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). We do the same in subpart H, for continuity. See 47 CFR
73.1015 (Truthful written statements and responses to Commission
inquiries and correspondence). We also 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 amend Sec.
73.622(j) to reflect a channel substitution previously adopted upon a
notice and comment rulemaking that was adopted shortly before the
current version of the Table of TV Allotments was adopted, but was not
incorporated into the new Table of TV Allotments for procedural
reasons. On January 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. The Bureau adopted a Report and
Order amending Sec. 73.622(i) to substitute channel 14 at Tulsa, see
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, 36 FCC Rcd 13620 (Vid. Div. 2021), and
shortly thereafter the Commission adopted the Table of TV Allotments,
which superseded Sec. 73.622(i). October 2021 Order, 36 FCC Rcd at
15894-5, para. 8. The amendment to Sec. 73.622(j) reflects this
channel substitution, which did not become effective until after the
new Table of TV Allotments was adopted. We 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
amend certain rules in subpart H and subpart I to provide full
[[Page 7229]]
power and Class A licensees and permittees with accurate information
about current Commission forms and filing procedures, including the
removal of obsolete forms. 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) through (3) (Program
tests); 73.1635(a)(2) through (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
updating the names of forms) (Equal employment opportunities (EEO));
73.3500 (Application and report forms); 73.3533(a)(1) and (a)(4)
through (a)(8) (Application for construction permit or modification of
construction permit); 73.3536(b) through (c) (Application for license
to cover construction permit); 73.3540(c) through (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) through (c) (Application to obtain a modified station
license); 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 update 47 CFR 73.3578(b) (Amendments to applications
for renewal, assignment or transfer of control); 73.3587 (Procedure for
filing informal objections); 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 the broadcast application and report forms has changed
with the transition of the Commission's broadcast licensing database
from CDBS to LMS, and certain form numbers have changed since the
release of the NPRM, which we update in this Report and Order. See
Media Bureau Announces Transition of Additional Filings to Licensing
and Management System, Public Notice, DA 23-600 (MB 2023). For example,
Form 301 for AM stations is now Form 2100 Schedule 301-AM. We 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 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 also make amendments to correct typographical errors in words
and cross-references that contain incorrect rule citations. See 47 CFR
73.622(c)(1) (Digital television table of allotments); 73.623(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); 73.682(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); 73.4060(a) (Citizen agreements); and 74.793(g) (Low
power TV and TV translator station protection of broadcast stations).
We delete repetitive language within a rule. See 47 CFR 73.623(e) (DTV
applications and changes to DTV allotments). We revise Sec. 73.682(d)
to break the existing paragraph into subsections, without altering its
content, in order to make the paragraph more accessible to licensees
and the public. See new Sec. 73.682(d)(1) through (3) (TV transmission
standards). We also remove citations to sections of the Communications
Act in new 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 add a cross-reference to Sec. 73.8000 to find
contact information for the availability of the ATSC standards. We also
update the contact information for information on the availability of
the ATSC standards in 47 CFR 73.8000 (Incorporation by reference). We
also note that NARA's Office of Federal Register made editorial
revisions to Sec. Sec. 73.682, 73.683(d), and 73.8000 in line with its
publishing conventions. In addition, we eliminate notes to rules and
shift the language into the text of the relevant rule to conform to the
publishing requirements 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 next 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 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 delete Sec. 73.6027 as
duplicative and unnecessary as it is a cross-reference to a rule
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 place a reference
to Sec. 73.1030 in Sec. 73.6026 (Broadcast regulations applicable to
Class A television stations), which lists
[[Page 7230]]
rules that apply to Class A by reference. We similarly 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 streamline Sec. 73.6000
by amending the rule, after deleting the analog references, to simplify
and shorten the language without further altering the meaning or
content. See 47 CFR 73.6000 (Definitions--because we delete subsection
(1), we delete the number (2), but retain the text).
Finally, we 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 2022 Part 74 Order at
para. 8. As explained in the NPRM, Sec. 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 of 1934, 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 find, consistent with the tentative conclusion in the
NPRM, that the public interest is served by including a note explaining
the existence of the 2008 waiver.
Post-Incentive Auction Licensing and Operation (Sec. 73.3700)
The NPRM proposed removal of outdated rules relating to the post-
incentive auction transition period. The comments received were
generally supportive of the effort to update our rules, and we received
no specific objection to these proposals. Therefore, for the reasons
discussed in the NPRM, and described below, we adopt the proposals as
detailed below.
As explained in the NPRM, Sec. 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, and
thus, we 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
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 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. This includes 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 (LPTV) 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).
Consistent with the proposals in the NPRM, 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. NPRM at para.
14. See 47 U.S.C. 1452(j)(1)(A) through (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, MB Docket No. 16-
306, GN Docket No. 12-268, Public Notice, 34 FCC Rcd 304, 312, para. 26
(IATF/MB 2019); Expanding the Economic and Innovation Opportunities of
Spectrum Through Incentive Auctions, GN Docket No. 12-268, Report and
Order, 29 FCC Rcd 6567, 6825-26, paras. 632-36 (2014).
Updates to Listing of FCC Policies
The NPRM proposed to update the Commission's policy rules in Sec.
73.4000 et seq., which 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. The comments received were generally
supportive of the effort to update our rules, and we received no
specific objection to this proposal. Therefore, for the reasons
discussed in the NPRM, and described below, we adopt the proposal as
detailed below.
We include cautionary language in the rule to note that subsequent
decisions or actions may exist. We also amend a number of rules in
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 Licenses, MM Docket No. 97-234, First Report
and Order, 13 FCC Rcd 15920 (1998) (subsequent citations omitted)
(Competitive Bidding First R&O). We remove or update rules that
implicate audio services that are obsolete or require updates. Section
73.4017 is revised because these policies have been replaced by
competitive bidding procedures in Sec. Sec. 73.5000 through 73.5009.
See 47 CFR 73.4017 (Application processing: Commercial FM stations); 47
CFR 73.5000 through 73.5009; Competitive Bidding First R&O, 13 FCC Rcd
at 15972, para. 137 (1998). Section 73.4100 and Sec. 73.4101 are
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 eliminated as the
cited documents refer
[[Page 7231]]
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
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 update rules to reflect the availability
of newer versions of procedures and Commission orders. See 47 CFR
73.4210 (Procedure Manual: ``The Public and Broadcasting'') (The rule
is 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 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 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) (updated to reflect that in
1986, Congress extended the ban to include advertisements for smokeless
tobacco products. See 15 U.S.C. 4402(c)).
Deletion of Obsolete Language Due to Passage of Time and Changes in
Commission Policy
The NPRM proposed to delete language that has become obsolete due
to the passage of time or changes in Commission policy. The comments
received were generally supportive of the effort to update our rules,
and we received no specific objection to these proposals. Therefore,
for the reasons discussed in the NPRM, and described below, we adopt
the proposals as detailed below.
We amend or delete a number of rules that apply exclusively to the
Class A television service, which was authorized by the passage of the
Community Broadcasters Protection Act of 1999 (CBPA). Given that nearly
twenty-five years have elapsed since passage of the CBPA and deadlines
related to its implementation have elapsed, and all operating TV
stations are now digital, we delete a number of rule sections that are
now obsolete. NPRM at paras. 16 and 18 (proposing to remove 47 CFR
73.613 (Note to 73.613(a)) (Protection of Class A TV Stations) and
portions of 47 CFR 73.6018 (Digital Class A TV protection of DTV
stations). We also delete references to digital and DTV. We also delete
the last sentence of 47 CFR 73.623(c)(5) (DTV applications and changes
to DTV allotments). We believe this deletion is further supported by
the fact that this change 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 subsection
remains in the rules. Additionally, consistent with the NPRM, we amend
the section heading of 47 CFR 73.6022 (Negotiated interference and
relocation agreements)) and delete 47 CFR 73.6022(b) as a pre-DTV
transition rule because Class A stations are no longer subject to
displacement by full-power station modification applications and
channel substitutions. Additionally, since a number of rules relating
to the post-incentive auction transition have deadlines that have
passed, we delete these as obsolete. See the final sentence of 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).
We amend Sec. 73.1020(a) to delete dates in the past and include
the applicable dates for future license renewal cycles. Given the
timing of the release of this Report and Order and the pendency of the
current television license renewal cycle, we update the dates in Sec.
73.1020 with all future license renewal deadlines. We amend the dates
in Sec. 73.1020(a) from the default time of expiration for initial and
renewal broadcast licenses by state to the license expiration dates for
the next renewal cycle. In addition, we 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, as 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,
14002, 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.'').
Similarly, we remove as obsolete due to the passage of time Sec.
73.3598(b)(3), which provides that the 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 delete language in new Sec. 73.682(d)(1) specifying that
digital standards incorporated by reference into the Commission's rules
became effective October 11, 2011, as the specific start date has long
since passed. We also delete references to DTV and digital. We also
remove as obsolete the portion of Sec. 73.3572(a)(3) providing a
window that expired October 1, 2000 for certain minor change
applications. We also delete provisions that reference the comparative
hearing process, which no longer exists. See 47 CFR 73.1620 (Program
tests) (g)(1) through (3) (Reports required); 73.3519(a) (Repetitious
applications) (the last sentence of subsection (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 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 delete the first clause of 47 CFR
73.3525(a) (Agreements for removing application conflicts), which
cross-references Sec. 73.3523. In addition, we delete the second
sentence of Sec. 73.3533(b), which discusses an obsolete procedure for
filing construction permit extension
[[Page 7232]]
applications. Specifically, that rule refers to Sec. 73.3534, which
specified three factors that could justify an extension of a
construction permit. The referenced section, however, was deleted in
2004.
We also delete obsolete language in Sec. 73.664(c)(3)(iii)
concerning the certification of equipment. In its comments, CDE states
that it does not agree with our proposal to delete obsolete language in
Sec. 73.664, but does not provide a reason why it disagrees and thus,
there is no basis for us to depart from the proposal in the NPRM.
Accordingly, for the reasons described in the NPRM, we adopt our
proposal to delete the language as obsolete. As explained in the NPRM,
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). As explained in the NPRM at n.89, 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. 1, 2023). 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). 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. To the extent CDE is seeking reconsideration of the
Commission's 2017 decision, that request is untimely under 47 U.S.C.
405(a). As reflected in the NPRM, our proposal did not seek to change
the rule substantively, only to update FCC rules to accurately reflect
the current operating environment. Arguments for substantive changes to
the rules that were not the subject of notice and comment in the NPRM
are beyond the scope of this proceeding. We 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 retain the
remainder of Sec. 73.664 that continues to provide important
information for measuring transmitter operating power even in the post-
transition context. We remove similar references to the visual
transmitter in Sec. 73.688, but retain other portions of this rule.
We 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. See
47 CFR 27.60 (TV/DTV interference protection criteria) and 27.1310
(Protection of Broadcast Television Service in the 600 MHz band from
wireless operations). As explained in the NPRM, 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.
Reorganization of Subpart E--Television Broadcast Stations
The NPRM proposed to reorganize subpart E of our part 73 rules. We
received no objection to many of these changes and the comments
received were generally supportive of the effort to update our rules.
Therefore, for the reasons discussed in the NPRM, and described below,
we adopt the proposals as detailed below.
As described in the NPRM, 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. Many of these rules adopted during the digital
transition were temporary and meant to be effective only during the DTV
transition. Others, however, had more long term application to digital-
only operations. Because the more long term rules were adopted at the
same time as temporary rules, the NPRM noted that the long term rules
are currently not organized in a straight forward or user-friendly
manner. In addition, there are instances where the rules are
duplicative.
To make the organization of the rules more practical and the rules
easier to find, we largely reorganize subpart E as proposed in the
NPRM, while also adopting some minor clarifications and amendments to
some of the rules. First, we create a new Sec. 73.611 (Emission levels
and mask filters) which relocates, verbatim, the language from Sec.
73.622(h)(1) and (2), which is currently part of the Table of TV
Allotments section. This change will improve the organization of the
rules because this technical rule has little direct relationship to the
Table of TV Allotments.
We next 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) through (8) (Digital
television table of allotments), and clarify in Sec. 73.614(b) 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. See 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, as
proposed, we delete Sec. 73.622(f)(4). We also 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). Consistent with the
proposal in the NPRM, we 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 ERP 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. For stations requesting DTS operation
pursuant to Sec. 73.626 (DTV distributed transmission systems), we
clarify that the 100 watt minimum ERP requirement applies to at least
one site in the DTS. See 47 CFR 73.614(a) (Minimum requirements).
We also amend the rules to collect provisions on related matters
that are currently spread over various rules and group them together.
First, we 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)
through (4), 73.623(f), and 73.685(d). We also adopt our proposal to
substitute ``blanket area'' with ``blanketing,'' which reflects
[[Page 7233]]
the updated term now used by stakeholders. 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 also 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, including 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. This condition reflects our
current practice, which had been 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 (Mar. 25, 1998),
https://transition.fcc.gov/Bureaus/Engineering_Technology/News_Releases/1998/nret8003.html.
We create a new Sec. 73.618 (Antenna location and principal
community coverage), which relocates, verbatim, the language from
73.625(a) (DTV coverage of principal community and antenna system). We
also centralize multiple existing rules into one rule that includes
instructions on how to determine the protected facilities of a
television allotment (see 47 CFR 73.616(c)), the noise-limited contour
level of a television station (see 47 CFR 73.622(e), as amended), how
the noise-limited contour is determined (see 47 CFR 73.625(b), as
amended), and the purposes for which field strength contours are used
(see 47 CFR 73.683(c)). We 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 create a new Sec. 73.620 (Interference calculation and
protection of TV broadcast services) that includes the requirements
currently spread throughout multiple rules in Sec. 73.623(c) and
Sec. Sec. 73.616(d) and (e) (merged into a new Sec. 73.620(a) through
(d)). Additionally, we move the rule from Sec. 73.616(g) to a new
Sec. 73.620(f).
We modify Sec. Sec. 73.622 (Digital television table of
allotments) and 73.623 (DTV applications and changes to DTV allotments)
to separate out rules specific to the Table of TV Allotments and
application processing procedures. In Sec. 73.622(a), we 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) (Post-
transition DTV station interference protection) becomes largely
duplicative of this revised Sec. 73.622(a) and we thus delete Sec.
73.616(a). We also remove (a)(1) and (a)(2) as redundant with the
content of Sec. 73.603 (Numerical designation of television channels).
We redesignate the language in Sec. 73.622(d)(2) as Sec. 73.622(d),
clarify the rule text to indicate this subsection 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 revised Sec.
73.622(d) and we thus delete Sec. 73.616(b). We also make editorial
changes for clarity in Sec. 73.622(d).We 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). We also reformatted the table
previously found in Sec. 73.623(d)(2) into new Sec. Sec.
73.622(k)(2)(i) through (iv). In Sec. 73.623(a), we modify the
language to clarify the rule sections specific to application
processing and remove discussion of modifications to the Table of TV
Allotments. We relocate the text from Sec. 73.622(c), regarding the
availability of channels for application, into Sec. 73.623(b).
Finally, we 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 reorganize Sec. 73.624(b) (Digital 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
relocate Sec. 73.685(h) (Transmitter location and antenna system),
pertaining to AM stations, to become new Sec. 73.625(c)(4)(iii) (DTV
coverage of principal community and antenna system). We also 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). See
new Sec. 73.625(d) (TV 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, as noted
in the NPRM, its content is consistent with the functions in LMS
applicable to applications.
While the current rule structure has become disjointed over the
years, and is only exacerbated by the deletion of obsolete portions of
the rules, the NPRM acknowledged that the structure is also familiar to
many users, including licensees and counsel, and, therefore, 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. While the NPRM proposed to mitigate that concern by
including cross-references to the new location of a rule in the rule
location where it was previously found, due to publishing conventions
of NARA's Office of the Federal Register, we instead adopt ``Table 1:
Cross-references'' as reflected below, and included herein as Appendix
D, to cross-reference to the old and new location of rules. We find
that providing cross-references in this manner will make it easier for
users to become accustomed to the new structure.
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).
Sec. 73.616(d).......................... Sec. 73.620(c).
Sec. 73.616(d)(2)....................... Sec. 73.620(a).
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(b).
Sec. 73.685(d).......................... Sec. 73.617(d).
Sec. 73.685(f).......................... Sec. 73.625(c).
Sec. 73.687(e).......................... Sec. 73.617(b).
------------------------------------------------------------------------
[[Page 7234]]
Although we did not receive comment on our proposal to relocate
Sec. 73.616(d)(1) to new Sec. 73.620(b), upon further consideration,
we decline to make this change. On reflection, we do not believe that
the reorganization of this section is necessary and could result in
possible confusion for regulatees in the short term. Therefore, we will
maintain the existing placement in our rules and we do not adopt the
location change proposed in the NPRM.
Although we did receive comment objecting to a modification
proposed in the NPRM to Sec. 73.622, for the reasons set forth below,
we decline to modify the proposal and adopt the rule as proposed in the
NPRM. The portions of the rule in Sec. Sec. 73.622(f)(5) through (8)
focused on power and antenna height requirements are sometimes referred
to in Table of TV Allotment proceedings, but they are also frequently
considered in processing applications, and so the NPRM proposed to
include these provisions in a separate subsection to make them easier
to reference regardless of whether an allotment or an application is
being considered. The NPRM also proposed 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. The NPRM
suggested this addition to the rule is consistent with a clarification
adopted by the Commission in 2001.
Maranatha Broadcasting Company, Inc. (Maranatha), the licensee of
WDPN-TV, channel 2, Wilmington, Delaware objects to our proposed
codification of the Commission's 2001 clarification that a station may
not exceed the ERP power level assigned in the station's zone and
asserts that the Commission should retain the ``largest station'' rule
or ``make clear that any change that [the Commission] is making to its
rules do[es] [sic] not preclude power increases above zone maximums by
low-VHF stations necessary to overcome the shortcomings of their
digital signals and impulse noise inference.'' Maranatha acknowledges
that the Commission's 2001 decision clarifies that low-VHF stations in
Zone I, like WDPN-TV, are limited to an ERP of 10 kW under the rules.
The Commission has recognized, however, that significant over-the-air
reception problems may exist within the service area of VHF stations,
due to the propagation characteristics of digital VHF signals and the
deleterious effects of manmade noise on the reception of these signals.
See Innovation in the Broadcast Television Bands: Allocations, Channel
Sharing and Improvements to VHF, ET Docket No. 10-235, Notice of
Proposed Rulemaking, 25 FCC Rcd 16498, 16511, para. 42 (2010). Thus,
since the end of the DTV transition in June 2009, Commission staff has
waived the power limits in Sec. Sec. 73.622(f)(5) or (6) of the rules
a number of times to increase the power levels of stations operating on
low VHF channels above the 10 kW limit set forth in the rules. Indeed,
WDPN-TV, on RF channel 2 in Zone I, currently operates with an ERP of
34 kW, pursuant to a waiver of Sec. 73.622(f)(6). We do not believe
that codifying the 2001 clarification limits our ability to grant such
waivers upon an appropriate showing, as we have for WDPN-TV, and thus
we believe it is unnecessary to depart from the NPRM's proposal to
revise Sec. 73.622 as Maranatha requests, and we adopt the NPRM's
proposal.
The NPRM proposed to move Sec. 73.625(b)(2) to new Sec.
73.619(b)(2), which describes the equation for determining the
``depression angle between the transmitting antenna center of radiation
and the radio horizon'' as A = 0.0277 square root of H. This
calculation is used for contour projection. In that description, there
is no mathematical operator (a multiplication sign) between the
coefficient (0.0277) and the variable ([radic]H). NAB responded in its
comments that it believes that the equation, if written out, should
correctly be A = 0.0277 times the square root of H, or preferably
expressed in standard mathematical form as:
A = 0.0277 x [radic]H
We agree with this clarification because it will make the formula
clearer, and amend the adopted Sec. 73.619(b)(2) accordingly. We find
good cause to make this revision without notice and comment. See 5
U.S.C. 553(b)(3)(B) (providing that notice and comment are not required
``when the agency for good cause finds . . . that notice and public
procedure thereon are . . . unnecessary . . .''). This revision is a
non-substantive change and merely more accurately sets forth the
equation in Sec. 73.619(b)(2) of the rules to make the formula
clearer.
Protection of Land Mobile Radio Service
We adopt the proposals set forth in the NPRM relating to full power
television protection of LMRS with some clarifications. The NPRM
inadvertently stated that Sec. 73.623(e) applied to Class A stations,
but this was incorrect. Class A stations are required to protect LMRS
operations using the criteria found in Sec. 73.6020. Section 73.623(e)
of the rules requires full power television stations to protect certain
channels for use by LMRS in thirteen U.S. cities. 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.'' See 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, the Commission previously amended Commission
rules to use NAD 83 for purposes of specifying these coordinates.
The NPRM tentatively concluded that updating the coordinates in
Sec. 73.623(e) 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. As such, the NPRM
tentatively concluded that conforming the values in these rules helps
to ensure that land mobile operations are more appropriately considered
and protected from full power operations. The Enterprise Wireless
Alliance (EWA) agrees that Sec. Sec. 73.623(e) and 90.303(b) should be
synced to avoid future issues as to whether protections afforded land
mobile operations are in compliance with FCC requirements.
NAB prefers a different result than matching Sec. Sec. 73.623(e)
and 90.303(b). NAB states that the National Geodetic Survey had
developed an algorithm known as the North American Datum Conversion
program (NADCON) to convert from NAD 27 to NAD 83 coordinates, which
has been superseded by the NGS Coordinate Conversion and Transformation
Tool (NCAT) and is now the ``authoritative source for coordinate
conversions.'' NAB argues that we have ignored the use of NCAT in favor
of
[[Page 7235]]
simply matching a part 90 rule, which NAB alleges ``can result in
errors that may conflict with FAA tower locations, distances from
international borders, county boundaries, and other critical
determinations.'' NAB also requests that any updates to the coordinates
not result in stations having to relocate.
NAB's approach is not consistent with existing Commission rules or
the Commission's prior actions. In the 2023 Part 74 Report and Order,
the Commission amended Sec. 74.709, which defines the same land mobile
station protection requirement for LPTV/translator stations, to conform
with the longitude in Sec. 90.303(b). In that proceeding, NAB and
another commenter agreed that a few of the proposed coordinates were
different from those derived if the existing coordinates were converted
to NAD 83 via the update to NADCON. The NPRM noted, and NAB
acknowledges in its comments in this proceeding, that the coordinates
we proposed found in part 90 of the Commission's rules differed by 25
meters at most (approximately 82 feet). Given that the values in the
table are designed to protect the part 90 service, the most consistent
approach was to make the values in Sec. 74.709 match those in Sec.
90.303. NAB provides no explanation and we are aware of no reason to
believe that this issue is different for full power and Class A
stations than it is for LPTV/translator stations. We do not believe
that conforming the rules to part 90 will result in errors as NAB
suggests. Therefore, we believe the same approach adopted in the 2023
Part 74 Report and Order and proposed in the NPRM is appropriate with
respect to full power and Class A television stations and we adopt the
proposal in the NPRM. Given the small differences involved, we believe
it is unlikely that these minor corrections would result in any
stations suddenly finding themselves no longer compliant with land
mobile protection requirements. But in response to NAB's concern, we
clarify that we will not require existing full power television
stations to make changes due to these coordinate updates.
NAB also urges the Commission to delete from proposed Sec.
73.617(a) the requirement that full power and Class A television
stations protect the channels assigned to Cleveland, Ohio and Detroit,
Michigan, as well as to delete references to those cities from Sec.
90.303(b), where a footnote already states that those channels ``are
not available [ ] until further order from the Commission.'' In the
2023 Part 74 Report and Order, the Commission noted that a pending
petition for rulemaking submitted by the Land Mobile Communications
Council (LMCC) also proposes removing the Cleveland and Detroit rows
from the relevant rule section in part 90. See Consumer & Governmental
Affairs Bureau Reference Information Center, Petition for Rulemakings
Filed, Land Mobile Communications Counsel (LMCC), Petition for
Rulemaking in the Matter of Subpart L of Part 90 of FCC Rules: Updated
Method to Determine Potential Interference Between Land Mobile Stations
and Digital Television Stations Operating in the 470-512 MHz Band (``T-
Band''), Public Notice, Report No. 3186 (CGB Jan. 12, 2022); Petition
for Rulemaking of Land Mobile Communications Council, RM-11915 (filed
June 24, 2021). Due to the pendency of that petition, the Commission
declined to add a note to Sec. 74.709(a), and stated its belief that
the decision would not create confusion as the note in part 90 already
indicated that the Cleveland and Detroit channels are not available and
thus, those areas do not require protection. Consistent with that
finding, we decline to add a note to Sec. 73.617(a) or to make
additional deletions in this section of the full power television rules
for the same reasons. NAB also asks that we ``reiterate the policy
expressed in Docket 87-465. Namely, `[t]he TV station will not be
responsible for bringing a poor quality land mobile station up to the
industry's normal performance level or for protecting a facility
attempting service well beyond a normal distance' '' and that ``. . .
[i]t is not the policy of the Commission to always provide interference
protection to the worst . . . performing receivers.'' (internal
footnotes omitted). NAB Comments at 5-6, citing Resolution of
Interference between UHF Channels 14 and 69 and Adjacent-channel Land
Mobile Operations, MM Docket 87-465, Report and Order, 6 FCC Rcd 5148,
5153-4 at para. 29 (1991). NAB also cites to Land Mobile Communications
Council, ``Request for Relief from Interference from Digital Television
Stations,'' (Aug. 28, 2020), available at: https://wirelesscouncil.org/wp-content/uploads/2020/08/LMCC-Ltr-Re-DTV-Interference-082820.pdf. NAB
Comments at 5. We see no reason to do so. The Commission's policy is
still accepted and in use. See, e.g., 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, 36 FCC Rcd
13620 (Vid. Div. 2021). In response to NAB's request that we reiterate
the policy expressed in Docket 87-465, we find that this is outside the
scope of our proceeding, but we note that the minor adjustments to the
coordinates we are making here do not change any existing Commission
policy.
Having received no specific objections, and because the comments
received were generally supportive of the effort to update our rules,
consistent with our proposal in the NPRM, we also 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 also include
a new sentence codifying the practice of requiring LPTV and TV
translator stations on channel 14 to request PTA prior to beginning
operation with 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.
Coverage Area--Determining Coverage
The NPRM proposed amendments relating to the calculation of HAAT
and determination of coverage. The NPRM noted that Sec. 73.625(b) of
the Commission's rules describes how coverage and HAAT are to be
calculated or determined. The Commission proposed to make 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 received some specific comments suggesting
modifications of the proposals in the NPRM. As discussed below, we are
not persuaded by those comments, and, because the other comments
received were generally supportive of the effort to update our rules,
we thus adopt the proposals as stated in the NPRM, with a clarification
offered in light of NAB's comments.
We 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 wording would create a
discontinuity in the contour, and is inconsistent with how application
processing software functions. Having received no objections to this
proposal, we adopt it.
As noted in the NPRM, 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
[[Page 7236]]
height above sea level of the antenna height. Multiple references to
various sources of paper maps contained in the rule are outdated
methods to make these types of calculations. We therefore 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 paragraph (b)(6), we 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.
As discussed below, commenters expressed concern about certain
proposals in the NPRM 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. Upon consideration of those comments, we adopt
the proposals in the NPRM, including our proposal to eliminate the
requirement to produce and submit profile graphs, with certain
clarifications as described below.
As explained in the NPRM, 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 47 CFR
73.684(d) (1963) (Section 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,
the NPRM proposed 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. Again, with the elimination of the
requirement to produce and submit profile graphs of radials, the NPRM
stated that the Commission believes 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,
the NPRM proposed to delete this language. We also adopt our proposal
to delete the companion language in Sec. 73.681 in the definition of
``antenna height above average terrain.'' Paragraph (b)(4) also
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.
The NPRM proposed 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 (last visited Aug. 1, 2023) (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).
CDE indicates in its comments that it disagrees with this proposal
to the extent it would eliminate those parts of Sec. 73.625 that
discuss the creation and submission of a radial in the direction of the
community of license and explains how and when to produce and submit a
profile graph for radials over water or foreign territory. But CDE does
not provide an explanation for its position except to say that ``Not
Agreed Reason--certain terrain situations require greater detail and
study.'' As a result, CDE did not provide any explanation of how the
change would undermine detail available in the prior version of the
rule. Therefore, CDE's comment provides no basis upon which we would
amend the proposal included in the NPRM, and we therefore adopt it.
Furthermore, to the extent that there are terrain differences in the
direction of a station's community license, water, or foreign
territory, the software based tools that the Commission and industry
use to prepare and process applications account for and visualize those
differences and so we give no weight to CDE's objection. We note that
to the extent additional detail may be needed, per CDE Supplemental
Comments 2, nothing prevents a station from providing that additional
detail when submitting applications to the Media Bureau, but it is not
needed in many cases and we do not believe it is practical for the
rules to continue to require all stations to provide documentation that
the vast majority do not need to provide.
NAB expresses concern that deleting parts of Sec. 73.625(b)(4)
describing the HAAT calculation, as well as the related words ``less
than 8 directions may be used'' in Sec. 73.681, could require some
stations to make changes in their current licensed facilities. NAB
suggests the proposed change could alter HAAT and power calculations
for many existing stations. As examples, NAB cites three instances
where application of the proposed rule could potentially require
stations to reduce power for transmitting sites involving fewer than
eight radials or using radials other than the ``eight cardinal
radials,'' and suggests there could be other instances in which this
situation arises. NAB does not request that the referenced words be
kept in the rule, but instead seeks assurance that stations presently
operating or proposed to operate from sites having an average terrain
value determined by means other than the proposed uniform eight-radial
method can continue to use the present average terrain elevation and,
by extension, determine their HAAT and ERP values using the historic
values.
We note that all full power and Class A television stations have
been operating with digital authorizations issued using the then-most
recent version of the Commission's application processing software, and
that the software-based tools the Commission and industry use to
process and prepare applications do not produce these modified radials.
Therefore, we do not foresee, nor do we intend, that the rule change
would require a station to reduce power. In response to NAB's concern,
however, we clarify we do not expect full power television stations
will need to make changes solely due to this amendment to Sec.
73.625(b)(4), and we will allow stations to continue to use a historic
HAAT calculation for a given location if one was previously used to
comply with the rules regarding power limits. We adopt the rule change
as proposed in the NPRM.
The NPRM also proposed to delete unnecessary references in the
rule. There are several sentences in paragraph (b)(4) which describe
how profile graphs should be formatted for submission to the FCC.
Because we eliminate the requirement to submit profile graphs, we also
proposed to delete the formatting requirements. The rule also provides
multiple options on how to obtain elevation points. The software
[[Page 7237]]
currently used by the Commission and industry, however, simply averages
the points as provided in the first option. The NPRM proposed to delete
the text on options to obtain elevation points and clarify the use of
the average of points elsewhere in the paragraph. Finally, the NPRM
proposed 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. 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. Although CDE
stated it disagreed, noting that ``certain terrain situations and
obstacles require greater detail and study,'' it did not provide any
explanation of that position of how the change would undermine detail
available in the prior version of the rule. Without such rationale, we
find no basis to reject the proposed changes and thus we adopt the
proposals.
Antenna Patterns
With some clarifying changes, we adopt all but one of the proposals
set forth in the NPRM relating to antenna patterns. The NPRM proposed
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. The Commission stated in the NPRM that this clarification
is consistent with the requirements contained in Sec. 73.682(a)(14).
No commenter objects to this proposal, but NAB does offer an
observation. Specifically, NAB notes that over the years, the meaning
of the phrase ``horizontal plane pattern'' in proposed Sec.
73.625(c)(3)(ii) and (v) no longer means the same as the ``azimuth
plane pattern,'' which is the pattern supplied by antenna
manufacturers. Therefore, NAB suggests that it would be more accurate
to refer simply to the ``azimuth plane pattern'' of the antenna in an
application. NAB also notes that the horizontal plane pattern of the
antenna may be required for certain calculations, such as those
relating to bilateral agreements between the United States and Mexico,
and when required, has no objection to providing both the azimuth plane
and horizontal plane patterns. We agree with NAB and adopt the proposed
changes to the rule with the adjustments NAB suggests, including the
addition of text to the adopted rule clarifying that Media Bureau staff
can ask a station for additional documentation for the purpose of
coordination with Mexico or Canada should it be requested. We note that
one goal here is to ensure that undistorted and complete antenna
patterns are available for review. For example, when a station with
mechanical beam tilt files a distorted horizontal plane pattern in LMS
to reflect what the antenna looks like in terms of interference to
other stations, it can be difficult or impossible to determine the
undistorted azimuth pattern absent additional documentation. A station
with mechanical beam tilt should instead submit in LMS an undistorted
azimuth and elevation pattern and provide the amount and azimuth of the
mechanical tilt, or may submit a matrix pattern, but such stations are
not required to do so.
The NPRM also proposed to update Sec. 73.625(c)(3)(ii) to reflect
that the LMS filing system permits two methods of specifying
mechanically beam tilted facilities. While we received no opposition to
this proposal, on further reflection, we note that this type of
specific reference to our filing system procedure is not typically
contained in our rules, but rather is contained in the instructions of
the application form, and thus we decline to adopt it.
In the NPRM, the Commission noted that Sec. 73.625(c)(3)(v) is
outdated, as it requires that horizontal plane patterns be plotted ``to
the largest scale possible on unglazed letter-size polar coordinate
paper.'' The NPRM proposed instead to require licensees to submit
patterns in the form of a .pdf attachment to an application filed in
LMS, and clarified that similar plots are required for elevation or
matrix patterns submitted in the LMS form. See revised Sec.
73.625(c)(3)(vi) and new Sec. 73.625(c)(3)(vii). The NPRM stated that
this approach provides flexibility to applicants and conforms to modern
practices.
CDE indicates in its comments that it disagrees with this proposal,
but merely states ``Not Agreed For ATSC 3.0 SFN.'' Because CDE did not
provide any further explanation of the basis or perceived negative
impact of the proposal, CDE provides no basis upon which we would amend
the proposal included in the NPRM. Moreover, we believe the software
driven approach provides more detailed information than the plane
patterns manually plotted on paper and CDE's comment offered nothing to
refute our conclusion based on several years of experience processing
applications filed in LMS.
NAB states that with respect to the matrix antenna patterns
described in proposed Sec. 73.625(c)(3)(viii), for which a single
azimuth and elevation pattern is not sufficient to specify the overall
radiation characteristics of the antenna, it believes that a
spreadsheet tabulation of relative field values is far more useful than
.pdf attachments. NAB further states that because of the varying nature
of a matrix antenna pattern, hundreds of .pdf representations may be
needed to accurately convey the complete pattern. NAB therefore
suggests that the Commission require only one or two representative
azimuth and elevation patterns be supplied in a .pdf attachment and if
additional visualizations are needed, the tabular spreadsheet data can
be used in spreadsheet software to produce them. We agree with NAB's
approach and revise the rule accordingly.
Subscription TV (STV) Rules
The NPRM proposed to eliminate certain obsolete STV rules. The
comments received were generally supportive of the effort to update our
rules, and we received no specific objection to these proposals.
Therefore, for the reasons discussed in the NPRM, and described below,
we adopt the proposals. As stated in the NPRM, Sec. Sec. 73.641
through 73.644, 73.4247, 73.6026, and 74.732(e) contain the rules that
allowed analog full power, Class A, and LPTV stations to offer a
subscription television service ``for a fee or charge.'' 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 and
references to them in parts 73 and 74 are obsolete and we eliminate
them. See 47 CFR 73.641 (Subscription TV definitions); 73.642
(Subscription TV service); 73.643 (Subscription TV operating
[[Page 7238]]
requirements); 73.644 (Subscription TV transmission systems); 73.4247
(STV: Competing applications); 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 through 73.644) (Broadcast regulations applicable
to Class A television stations); and 74.732(e) (Eligibility and
licensing requirements).
Special Criteria for Converting Vacant Commercial Channels to Reserved
Status
The NPRM proposed to amend Sec. 73.622(a) to remove a reference to
a needs-based test. The comments received were generally supportive of
the effort to update our rules, and we received no specific objection
to this proposal. Therefore, for the reasons discussed in the NPRM, and
described below, we adopt the proposal. As stated in the NPRM, 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.'' 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. Therefore,
Sec. 73.622(a) is amended to remove this language as we believe that
it does not serve 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 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).
Other Technical and Miscellaneous Updates
Special Service Authorization. The NPRM proposed to remove Sec.
73.3543 as obsolete. The comments received were generally supportive of
the effort to update our rules, and we received no specific objection
to this proposal. Therefore, for the reasons discussed in the NPRM, and
described below, we delete the rule. 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. We are unaware of any such authorizations today, and
thus we conclude the rule is obsolete and delete it.
Broadcast Data Bases. The NPRM proposed to revise the Commission's
rules to update references to historical and current databases and
other reference material. The comments received were generally
supportive of the effort to update our rules, and we received no
specific objection to this proposal. Therefore, for the reasons
discussed in the NPRM, and described below, we adopt the proposals.
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
CDBS system, which itself replaced BAPS around the year 2000. Thus, the
reference to BAPS is obsolete and we delete it. We additionally 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 delete the sentences stating
that copies of lists of stations and applications are available for
inspection at the Commission's Reference Information Center because
this information is now made available electronically via LMS. We note
that the NPRM proposed removing references to paper copies, viewing
paper copies on microfiche, and that the paper copies of lists can be
purchased from the FCC's duplicating contractor in the NPRM at para.
46. However, we note, since release of the NPRM, the Commission revised
47 CFR 0.434 to remove these references. See Establishment of the Space
Bureau and the Office of International Affairs and Reorganization of
the Consumer and Governmental Affairs Bureau and the Office of the
Managing Director, MD Docket No. 23-12, FCC 23-1 (Jan. 9, 2023).
Therefore, we do not adopt these changes in this Report and Order.
Distributed Transmission System Rule Clarification. The NPRM
proposed to clarify the language in our distributed transmission system
(DTS) rule. The comments received were generally supportive of the
effort to update our rules, and we received no specific objection to
these proposals. Therefore, for the reasons stated in the NPRM, we
adopt the proposals. Since adoption of the revised Sec. 73.626 in
January 2021, 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
inaccurately conflates 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 modify language in
Sec. Sec. 73.626(b) and (f)(2), as proposed in the NPRM. We define the
term ``authorized facility'' (The revised 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 revised
Sec. Sec. 73.626(f)(2)(i) through (iii). We further replace the term
``reference point'' with ``site of its authorized facility'' in places
where the term ``reference point'' is improperly used. See revised
Sec. Sec. 73.626(f)(2)(ii) through (iii). Finally, we clarify when
specifically the Table of Distances values should be applied. See
revised Sec. Sec. 73.626(f)(2)(i) through (ii). We believe this
clarifying language will better reflect the method described in the
2021 DTS Order and used in processing such applications. We remove
language from Sec. 73.626(f)(2) which is improperly specific to the
station's authorized service area, and which incorrectly implied that
the Table of Distances circle is not applicable here.
Transport Stream ID. The NPRM proposed to require that all full-
power and Class A TV stations broadcast with their assigned transport
stream ID (TSID) or bit stream ID (BSID) in the ATSC 3.0 context. The
comments received were generally supportive of the effort to update our
rules, and we received no specific objection to these proposals.
Therefore, for the reasons stated in the NPRM, we adopt them. As noted
in the NPRM, all full-power and Class A TV stations are assigned a
unique 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
[[Page 7239]]
transmission standard). Consistent with that rule, we clarify that all
such stations must broadcast with their assigned TSID during their
hours of operation. See revised Sec. 73.1201 (Station identification).
In its Second Periodic Review, the Commission stated that
``broadcasters are required to transmit the TSIDs assigned for their
stations in their digital transmission.'' We believe that it is in the
public interest to move this requirement into a separate rule for ease
of reference. Similarly, we adopt the same requirement with respect to
a station's BSID, which is the ATSC 3.0 equivalent to TSID, in order to
promote consistency.
Class A US-Mexico Border Zone. The NPRM proposed 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. The comments received were generally
supportive of the effort to update our rules, and we received no
specific objection to this proposal. Therefore, for the reasons stated
in the NPRM, we adopt it. As explained in the NPRM, 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). Section
74.794, which allows LPTV and TV translators to specify use of a
simple, stringent, or full service mask, also applies to Class A
television stations. 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. 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 US 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, the NPRM proposed to amend Section 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, and we adopt that proposal here.
Class A Antenna System. The NPRM proposed to replace the separate
Class A antenna pattern documentation requirements with a reference to
the analogous full-power version of the rule for consistency. The
comments received were generally supportive of the effort to update our
rules, and we received no specific objection to this proposal.
Therefore, for the reasons stated in the NPRM, we adopt it. We delete
language in Sec. 73.6025(a) nearly 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. 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. We
conclude 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), which requires
applicants to submit documentation regarding the antenna they are
proposing to install, is clearly a rule with which they can comply. We
will 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
also modified Sec. Sec. 73.625(c)(3)(ii) and 73.625(c)(3)(v). We also
added new Sec. Sec. 73.625(c)(3)(vii) and (viii) to account for
stations submitting elevation or matrix patterns.
Minimum Video Program Requirements. The NPRM proposed to update a
Class A television rule in order to conform the rule with an update
made elsewhere in the NPRM. The comments received were generally
supportive of the effort to update our rules, and we received no
specific objection to this proposal. Therefore, for the reasons stated
in the NPRM, we adopt it. As noted above, we delete much of Sec.
73.624(b). Section 73.6026 (Broadcast regulations applicable to Class A
television stations) lists Sec. 73.624 as a rule applicable to Class A
stations and 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.'' We remove that text in Sec. 73.6026
because it duplicates language also included in 73.624(b). We also
clarify that this change mandates the use of a minimum 480i video
resolution by Class A stations. This requirement is consistent with
full-power and LPTV/translator stations (as adopted in the 2023 Part 74
Report and Order), and we believe it is reasonable to also apply it
consistently to Class A stations for regulatory parity between the
television services.
Transmitting Antenna Site. The NPRM proposed to replace the term
``transmitter site'' in our rules with ``transmitting antenna site.''
The comments received were generally supportive of the effort to update
our rules, and we received no specific objection to this proposal.
Therefore for the reasons stated in the NPRM, we adopt it. Section
73.619(a)(1) (we moved this rule from Sec. 73.683(c)(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 about the
location of its antenna instead. We modify the language in the rule to
refer to a ``particular transmitting antenna site.'' This is consistent
with language that has been used in other parts of the rules, and with
a proposal the Commission adopted in the 2023 Part 74 Report and Order.
Corrections to Inadvertent Oversights from Prior Rulemakings. The
NPRM proposed to make various corrections to the rules as a result of
inadvertent oversights from prior rulemakings. The comments received
were generally supportive of the effort to update our rules, and we
received no specific objection to this proposal. Therefore, for the
reasons stated in the NPRM, we adopt it. Because the requirements of
the previous Sec. 73.616(e) (which we relocated to Sec. 73.620(d))
pertaining to interference protection with respect to Class A stations
were difficult to decipher, we remove paragraphs (1), (2), and (3)
entirely and streamline the remaining paragraph from Sec. 73.616(e) in
the new Sec. 73.620(d). In doing so, we replace 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.
[[Page 7240]]
As described in the NPRM, the Commission previously deleted Sec.
73.623(g) as obsolete because it addressed the digital transition.
Deletion of the section, however, inadvertently eliminated from the
rules the allowance for negotiated agreements on interference among
applicants and licensees. The NPRM proposed to restore the 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. The comments received were generally supportive of
the effort to update our rules, and we received no specific objection
to this proposal. Therefore, for the reasons stated in the NPRM, we
adopt it.
In the 2022 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, removed duplicate
sections that were contained in both the analog and digital portions of
part 74, and provided accurate information about current Commission
forms. The NPRM proposed 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 remove reference to a 2015 public notice. Because
we no longer allow applications for new applications for digital-to-
digital replacement television translators (DTDRTs), the NPRM noted
that the Commission believed 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. The comments received were
generally supportive of the effort to update our rules, and we received
no specific objection to this proposal. Therefore, for the reasons
stated in the NPRM, we adopt it.
Additional Proposals Raised by Commenters
We decline to adopt several proposals raised by commenters that are
outside the scope of this proceeding. We received several proposals
that seek to make material changes to our rules, or changes outside the
scope of this proceeding. See OMI Comments (asserting that the
Commission should ``consider the most likely azimuth that viewers will
have their TV antennas aimed at when considering interference caused to
a station,'' and that the Commission accordingly should update its
TVStudy software program, which is used by licensees to prepare
applications and Commission staff to process applications); GBS
Comments at 1-2 (asking the Commission to codify OET's clarification in
OET Clarifies Emission Mask Measurements for DTV Transmitters, Public
Notice, 20 FCC Rcd 8874 (OET 2005), which clarifies the emission mask
measurement rules and provides guidance regarding compliance with the
DTV full service and low power masks to be demonstrated by either of
two methods, in proposed Sec. 73.611 in this proceeding or a more
recent version of an industry-accepted measurement standard); NAB
Comments at 9 (requesting that the Commission revise proposed Sec.
73.625(d) to update a reference to the IEEE Standard Definition for
circular polarization to the current IEEE Standard 145, ``IEEE Standard
Definitions of Terms for Antennas'' (1993)); CDE Supplemental Comments
2 at 35-36 and Appendices A-C (apparently objecting to the use of the
Commission's TVStudy software and suggesting that the Commission
solicit input to develop a new offering). In declining to take action,
we note that the NPRM's scope was limited to amendments to the
Commission's rules primarily related to full power and Class A
television service to reflect the current operating environment,
including the end of the transition from analog to digital operations.
Cost Benefit Analysis
After evaluating the record received in response to the NPRM's
request for comment on the benefits and costs associated with adopting
the proposals set forth in the NPRM, we conclude that to the extent
that the revised rules impose any costs on Commission licensees and
regulatees, such costs will be minimal and are outweighed by the
benefits to the public of the revised rules. We received no comments on
the costs imposed on Commission licensees and regulatees as a result of
our proposals.
Diversity, Equity and Inclusion Analysis
The NPRM also sought comment on how the proposals set forth in the
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. The NPRM
also sought comment on how our proposals may promote or inhibit
advances in diversity, equity, inclusion, and accessibility. We
received no comments on these topics and no objection to adoption of
the proposed rules based on these concerns. We acknowledge the
importance of these aims, and we believe that the revised rules reflect
an effort to simplify, streamline, and modernize existing rules and
procedures that will enable full power and Class A television stations
to more easily comply with licensing requirements through familiar and
low cost measures and we do not believe they will have negative
implications related to diversity, equity, inclusion, or accessibility.
Procedural Matters
Paperwork Reduction Analysis. The Report and Order may contain new
or modified information collection requirements subject to the
Paperwork Reduction Act of 1995 (PRA). All such new or modified
requirements will be submitted to the Office of Management and Budget
(OMB) for review under Sec. 3507(d) of the PRA. OMB, the general
public, and other federal agencies will be invited to comment on any
new or modified information collection requirements contained in this
proceeding. The Commission will publish a separate document in the
Federal Register at a later date seeking these comments. In addition,
we note that, pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission
previously sought specific comment on how it might further reduce the
information collection burden for small business concerns with fewer
than 25 employees. We have described impacts that might affect small
businesses in the FRFA.
Congressional Review Act. The Commission will send a copy of this
Report and Order to Congress and the Government Accountability office,
pursuant to 5 U.S.C. 801(a)(1)(A).
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 a Final Regulatory
Flexibility Analysis (FRFA) concerning the possible impact of rule and/
or policy changes contained in this Report and Order on small entities.
[[Page 7241]]
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility Act Analysis (IRFA) was
incorporated into the Notice of Proposed Rulemaking (NPRM) released in
September 2022. The Federal Communications Commission (Commission)
sought written public comment on the proposals in the NPRM, including
comment on the IRFA. No comments were filed addressing the IRFA. This
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
Need for, and Objectives of, the Report and Order
The Report and Order reflects the Commission's efforts to update
its rules for full power and Class A television stations to reflect the
current operating environment following the transition from analog to
digital-only operations and the post-incentive auction transition to a
smaller television band with fewer channels. The Report and Order
largely adopts the rules proposed in the NPRM, with certain limited
exceptions or modifications, in order to delete, update, or otherwise
revise Commission rules for full power and Class A stations that no
longer have any practical effect. As part of this comprehensive update,
we also restructure a portion of our rules primarily consisting of the
technical licensing, operating, and interference rules for full power
television. Our actions in the Report and Order further the
Commission's continued efforts to ensure that our rules clearly and
accurately reflect existing requirements and are understandable by
licensees and the public.
More specifically, we adopt revisions to the Commission's rules in
light of the fact that all television services have ceased analog
operations. We 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, and
we reorganize a portion of the part 73 rules to make the rules easier
to find and more practical for users. Other non-substantive, technical
revisions we make in the Report and Order include updating previously-
adopted station license periods, deleting obsolete rules governing the
post-incentive auction transition period, and correcting or updating
inter alia, section headings, spelling, contact information, and rule
cross-references, or language inadvertently omitted from a rule. We
also update our rules to reference the current designation for form
numbers (e.g., FCC Form 2100) and to require electronic filing in the
Commission's Licensing and Management System (LMS). Additionally, we
consider requests and comments on subjects not included in the NPRM
proposals, the costs and benefits of the rules adopted, and the
potential of the rule changes to promote or inhibit advances in
diversity, equity, inclusion, and accessibility. The rules we adopt,
and actions we take in the Report and Order to simplify, streamline,
and modernize existing rules and procedures should reduce compliance
costs, and make compliance with our licensing requirements easier for
full power and Class A television stations.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
There were no comments filed that specifically addressed the
proposed rules and policies presented in the IRFA.
Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
Pursuant to the Small Business Jobs Act of 2010, the Commission is
required to respond to any comments filed by the Chief Counsel for
Advocacy of the Small Business Administration (SBA), and to provide a
detailed statement of any change made to the proposed rules as a result
of those comments.
The Chief Counsel did not file any comments in response to the
proposed rules in this proceeding.
Description and Estimate of the Number of Small Entities to Which the
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 rules adopted herein. 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.
The rules adopted in the Report and Order will directly affect
small television broadcast stations. 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 June 30, 2023, there were 1,375 licensed commercial
television stations. Of this total, 1,256 stations (or 91.3%) had
revenues of $41.5 million or less in 2022, according to Commission
staff review of the BIA Kelsey Inc. Media Access Pro Television
Database (BIA) on July 17, 2023, and therefore these licensees qualify
as small entities under the SBA definition. In addition, the Commission
estimates as of June 30, 2023, there were 383 licensed noncommercial
educational (NCE) television stations, 381 Class A TV stations, 1,902
LPTV stations and 3,123 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.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities
In this section, we identify the reporting, recordkeeping, and/or
other compliance requirements adopted in the Report and Order. Modified
reporting requirements were adopted by the Commission replacing manual
filing processes with electronic filing requirements. Television
stations will
[[Page 7242]]
now be required to make certain required notifications electronically
through filings procedures using LMS as opposed to the previous manual
filing process by letter. Similarly, regarding Sec. 73.625(b)(5) which
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, the Commission clarifies that it expects small
and other entities to make the required calculations by computer rather
than manual paper calculations using paper maps. Accordingly, the
multiple references to various sources of paper maps to make these
types of calculations contained in the rules have been replaced 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.
The removal of outdated manual processes, forms, and filing
requirements in favor of using automated software, and implementation
of electronic filing requirements for small and other entities will
result in a modified paperwork obligation. Cost and benefit information
on these and other proposals were requested by the Commission in the
NPRM, however commenters did not provide any information on the cost
impacts of our proposals. Therefore, while the Commission cannot
quantify the cost of compliance for small entities, and is not in a
position to determine whether small entities will have to hire
professionals to comply with our decisions in the Report and Order,
since it is widely accepted that automated processes are generally more
efficient and less burdensome than manual processes, the Commission
anticipates that our actions will lessen the administrative burden on
small entities.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
The RFA requires an agency to provide, ``a description of the steps
the agency has taken to minimize the significant economic impact on
small entities . . . including a statement of the factual, policy, and
legal reasons for selecting the alternative adopted in the final rule
and why each one of the other significant alternatives to the rule
considered by the agency which affect the impact on small entities was
rejected.''
The actions taken by the Commission in the Report and Order
simplifying and streamlining our rules, and implementing automated and
electronic filing requirements, should make it easier for small and
other entities to comply with our rules. We consider the rules we
adopted to be the least costly, and minimally burdensome for small and
other entities impacted by the rules. In the absence of evidence to the
contrary in the record, the Commission does not expect the adopted
requirements to have a significant economic impact on small entities.
Below we discuss actions we take in the Report and Order to minimize
any significant economic impact on small entities and alternatives that
were considered.
We adopted rule updates and reorganizations proposed in the NPRM to
codify the Commission staff's current practices or to better reflect
technological advancements in the industry. The Commission anticipates
that these changes generally will lessen the economic burdens on small
entities due to increased administrative efficiency. For example, as we
discussed above in Section E, references to outdated paper maps and
manual calculations relating to Sec. 73.625(b)(5) have been replaced
by computer calculations, and current automated software used by the
Commission and industry. Moreover, for Sec. 73.625(b)(4), which
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,
we conform the rule 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 rule changes will
enable small and other television stations to more easily comply with
licensing requirements through familiar and low cost measures.
Moreover, the Commission took steps to decrease processing burdens
and application approval delays for small and other entities by
adopting the proposed amendment to 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. Pursuant to
the Commission's rules requiring coordination of applications in border
regions with the neighboring countries' appropriate regulatory
officials, in coordination with Mexico's Instituto Federal de
Telecomunicaciones (IFT) it has been the Media Bureau staff's
experience that a two-step process takes place where the 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. The amendment we adopted in the
Report and Order to Sec. 73.6024(d) will result in the inclusion of a
full-service emission mask specification with an application
modification when initially submitted eliminating the need for small
and other entities to have to subsequently amend their application.
Further, we provided small and other applicants flexibility by
amending Sec. 73.625(c)(3)(v) to require licensees to submit patterns
in the form of a .pdf attachment to an application filed in LMS, and
clarifying that similar plots are required for elevation or matrix
patterns submitted in the LMS form. Our actions are consistent with
modern practices and removes the administrative burden for small and
other entities of an outdated manual requirement that horizontal plane
patterns be plotted ``to the largest scale possible on unglazed letter-
size polar coordinate paper.'' We considered CDE's comments disagreeing
with this proposal in the NPRM, however, CDE did not explain its
objection or provide any evidence to support an alternative decision,
and merely stated ``Not Agreed For ATSC 3.0 SFN.''
Some commenters raised alternative positions which we considered in
the Report and Order. Regarding the matrix antenna patterns described
in proposed Sec. 73.625(c)(3)(viii), NAB suggested that the Commission
require only one or two representative azimuth and elevation patterns
be supplied in a PDF attachment, and if additional visualizations are
needed, the tabular spreadsheet data can be used in spreadsheet
software to produce them. The Commission agreed with NAB's suggestion
and adopted a revised rule consistent with this suggestion.
We considered the comments of CDE which disagreed with our proposal
to delete obsolete language in Sec. 73.664(c)(3)(iii) concerning the
certification of equipment. However, since CDE did not provide a reason
for its disagreement, there was no evidence in the record, nor a valid
reason for the Commission to depart from the proposal in the NPRM. As
we stated in the NPRM, the Commission no longer ``type accepts''
equipment, having overhauled the process to allow private parties to
verify such equipment meets the Commission's requirements, and the
results of such verifications do not need to be submitted to the
Commission.
[[Page 7243]]
Accordingly, we deleted the obsolete language in Sec.
73.664(c)(3)(iii).
The Commission also considered the objection Maranatha Broadcasting
Company, Inc. (Maranatha), the licensee of WDPN-TV, to our proposed
codification of the Commission's 2001 clarification that a station may
not exceed the effective radiated power level assigned in the station's
zone in Sec. 73.622. Maranatha proposed that the Commission retain the
``largest station'' rule or ``make clear that any change that [the
Commission] is making to its rules do not preclude power increases
above zone maximums by low-VHF stations necessary to overcome the
shortcomings of their digital signals and impulse noise inference.''
Due to the propagation characteristics of digital VHF signals and the
deleterious effects of manmade noise on the reception of these signals,
the Commission is aware that significant over-the-air reception
problems may exist within the service area of VHF stations. Since the
end of the DTV transition in June 2009, Commission staff has waived the
power limits in Sec. Sec. 73.622(f)(5) or (6) of the rules a number of
times to increase the power levels of stations operating on low VHF
channels above the 10 kW limit set forth in the rules. We declined
Maranatha's request and adopted the provisions of Sec. 73.622 as
proposed in the NPRM because we do not believe that codifying the 2001
clarification limits our ability to continue to grant such waivers, as
we have for Marantha. We noted in the Report and Order that Marantha's
station WDPN-TV, on RF channel 2 in Zone I, currently operates with an
ERP of 34 kW, pursuant to such a waiver of Sec. 73.622(f)(6).
Commenters also raised proposals that we declined to adopt because
the comments proposed to make material changes to our rules, or changes
outside the scope of this proceeding. The scope of NPRM was limited to
amendments to the Commission's rules primarily related to full power
and Class A television service to reflect the current operating
environment, and particularly, the end of the transition from analog to
digital operations.
Report to Congress
The Commission will send a copy of the Report and Order, including
this FRFA, in a report to be sent to Congress pursuant to the
Congressional Review Act. In addition, the Commission will send a copy
of the Report and Order, including this FRFA, to the Chief Counsel for
Advocacy of the SBA. The Report and Order and FRFA (or summaries
thereof) will also be published in the Federal Register.
List of Subjects
47 CFR Part 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, Incorporation by reference.
47 CFR Part 74
Low power TV, TV translator stations.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Final Regulations
For the reasons discussed in the preamble, the Federal
Communications Commission amends 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 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]
0
4. Remove Sec. 27.60.
Sec. 27.1310 [Removed]
0
5. Remove 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 subpart E of this part.
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 subpart E of
this part.
(b) [Reserved]
[[Page 7244]]
Sec. 73.613 [Removed and Reserved]
0
9. Remove and reserve Sec. 73.613.
0
10. Amend Sec. 73.614 by:
0
a. Revising paragraph (a), the introductory text of (b), paragraphs
(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
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
------------------------------------------------------------------------
ERP
Antenna HAAT (meters) (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
------------------------------------------------------------------------
ERP
Antenna HAAT (meters) (kW)
------------------------------------------------------------------------
610............................................................ 30
580............................................................ 34
550............................................................ 40
520............................................................ 47
490............................................................ 54
460............................................................ 64
425............................................................ 76
395............................................................ 92
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 1000 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
------------------------------------------------------------------------
ERP
Antenna HAAT (meters) (kW)
------------------------------------------------------------------------
610............................................................ 316
580............................................................ 350
550............................................................ 400
520............................................................ 460
490............................................................ 540
460............................................................ 630
425............................................................ 750
395............................................................ 900
365............................................................ 1000
------------------------------------------------------------------------
(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) and (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
[[Page 7245]]
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]
0
11. Remove 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);
0
c. Revising the introductory text to paragraph (d) and paragraph
(d)(1); and
0
d. Removing and reserving paragraphs (d)(2), (e) and (g) to read as
follows:
Sec. 73.616 References to TV station interference protection
methodology.
* * * * *
(d) Calculation of interference (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. Add Sec. 73.617 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:
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
[[Page 7246]]
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. 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, including 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. Add Sec. 73.618 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 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. Add Sec. 73.619 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) and the F (50,10) field strength charts
(Figures 9a, 10a and 10c of Sec. 73.699) 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
[[Page 7247]]
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 x [radic]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
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 in table 1 to paragraph (c)(1). 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. Add Sec. 73.620 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
[[Page 7248]]
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. Amend Sec. 73.622 by:
0
a. Revising paragraph (a);
0
b. Removing and reserving paragraph (c);
0
c. Revising the introductory text to paragraph (d);
0
d. Removing paragraphs (d)(1) and (d)(2);
0
e. Removing and reserving paragraphs (e) through (i);
0
f. In the table in paragraph (j), under Oklahoma, revising the entry
for Tulsa; and
0
g. Adding paragraph (k).
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) and (c) [Reserved]
(d) Reference points and distance computations. 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) through (i) [Reserved]
(j) Table of TV Allotments.
------------------------------------------------------------------------
Community Channel No.
------------------------------------------------------------------------
* * * * *
Tulsa.............................. 8, * 11, 12, 14, 16, 22, 26, 34.
* * * * *
------------------------------------------------------------------------
(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 are as follows:
(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
[[Page 7249]]
(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 (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. 73.3801 and
Sec. 73.6029 and Sec. 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.
[[Page 7250]]
(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) and (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) introductory text; and
0
h. Adding paragraph (d).
The revisions and additions read as follows:
Sec. 73.625 TV antenna system.
(a) through (b) [Reserved]
(c) * * *
(3) * * *
(ii) Relative field azimuth 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, and a
tabulation of the elevation pattern included consistent with paragraph
(c)(3)(vii) of this section. A horizontal plane pattern reflecting the
use of mechanical beam tilt may be requested if required to facilitate
international coordination.
* * * * *
(v) All azimuth 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 shall be provided as necessary in the form of a
spreadsheet 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) introductory text,
(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) * * *
[[Page 7251]]
(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;
* * * * *
(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]
0
27. Remove Sec. 73.646.
Sec. 73.653 [Removed]
0
28. Remove 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. 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]
0
30. Remove Sec. 73.665.
[[Page 7252]]
Sec. 73.667 [Removed]
0
31. Remove Sec. 73.667.
Sec. 73.669 [Removed]
0
32. Remove 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 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 revisions and addition read as follows:
Sec. 73.682 TV transmission standards.
(a) through (c) [Reserved]
(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).
(3) 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.
* * * * *
[[Page 7253]]
(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]
0
36. Remove Sec. 73.684.
Sec. 73.685 [Removed]
0
37. Remove Sec. 73.685.
0
38. Amend Sec. 73.686 by:
0
a. Revising paragraph (c)(1)(i);
0
b. Removing and reserving paragraph (d); and
0
c. Revising paragraph (e) introductory text.
The revisions read as follows:
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)).
* * * * *
(d) [Reserved]
(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 are as follows:
* * * * *
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]
0
41. Remove Sec. 73.691.
Sec. 73.698 [Removed]
0
42. Remove 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 subpart H of this part 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 t
he 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)(i) and (ii), (4)(i) and (ii), (5)(i) and
(ii), (6)(i) and (ii), (7)(i) and (ii), (8)(i) and (ii), (9)(i) and
(ii), (10)(i) and (ii), (11)(i) and (ii), (12)(i) and (ii), (13)(i) and
(ii), (14)(i) and (ii), (15)(i) and (ii), (16)(i) and (ii), (17)(i) and
(ii), (18)(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, 2030.
(14) * * *
(i) Radio stations, December 1, 2029.
(ii) Television stations, December 1, 2030.
(15) * * *
(i) Radio stations, February 1, 2030.
(ii) Television stations, February 1, 2031.
(16) * * *
(i) Radio stations, April 1, 2030.
(ii) Television stations, April 1, 2031.
(17) * * *
(i) Radio stations, June 1, 2030.
(ii) Television stations, June 1, 2031.
(18) * * *
(i) Radio stations, August 1, 2030.
(ii) Television stations, August 1, 2031.
(b) For the deadline for filing petitions to deny renewal
applications, see Sec. 73.3516(e).
* * * * *
[[Page 7254]]
0
47. Section 73.1030 is amended by revising the first sentence in
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 of this chapter,
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 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 addition 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.
* * * * *
(d) [Reserved]
(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
(e)(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:
[[Page 7255]]
(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.
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 Sec. 0.401(a)
of this chapter 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.
* * * * *
(f) * * *
(3) [Reserved]
* * * * *
(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.
(2) [Reserved]
* * * * *
(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.
0
57. Section 73.1570 is amended by revising the section heading to read
as follows and removing and reserving paragraph (b)(3).
Sec. 73.1570 Modulation levels: AM and FM.
* * * * *
(b) * * *
(3) [Reserved] * * * * *
Sec. 73.1590 [Amended]
0
58. Section 73.1590 is amended by removing and reserving paragraphs
(a)(5), (c)(1), and (c)(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
[[Page 7256]]
reduced to 25% or less of the nominal licensed power, or whatever
higher power, not exceeding licensed power, will ensure 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 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 AM, FM, and TV stations, or on FCC Form 2100,
Schedule 340 for noncommercial educational FM stations.
* * * * *
0
63. Section 73.1690 is amended by revising the introductory text of
paragraph (b) and paragraphs (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 AM, FM, and TV 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
[[Page 7257]]
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 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 the introductory text of
paragraph (c)(6) and paragraphs (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 Forms 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 Forms 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
Forms 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 Forms 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,
[[Page 7258]]
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. Revise Sec. 73.3500 to read as follows:
Sec. 73.3500 Application and report forms.
(a) Following are the FCC broadcast application and report forms,
listed by number.
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Form No. Title
------------------------------------------------------------------------
175..................................... Application to Participate in
an FCC Auction.
2100 Schedule A......................... Application for Authority to
Construct or Make Changes in
a TV Commercial Broadcast/
Noncommercial Educational
Broadcast Station.
2100 Schedule 301-AM.................... Application for AM Station
Construction Permit.
2100 Schedule 301-FM.................... Application for Commercial FM
Station Construction Permit.
2100 Schedule 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 the introductory text of
paragraph of (e) and paragraph (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]
0
71. Remove Sec. 73.3523.
0
72. Section 73.3525 is amended by revising the introductory text of
[[Page 7259]]
paragraph (a), paragraph (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 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 this chapter
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) and (a)(4) through (7);
0
b. Adding paragraph (a)(8); and
0
c. Revising paragraph (b).
The revisions and addition 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), FCC Form 2100, Schedule 301-AM (AM), ``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)(i) through
(iii), (b)(4) through (6), and (c) to read as follows:
Sec. 73.3536 Application for license to cover construction permit.
* * * * *
(b) * * *
(1)
(i) Form 2100, Schedule 302-AM for AM stations, ``Application for
AM Station License.''
(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 the introductory text of paragraph (f) 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 Communications Filing System (ICFS).
(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 ICFS.
(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 the introductory text of
paragraph (b) and paragraph (c) to read as follows:
[[Page 7260]]
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 an STA via
LMS. 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:
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 of this chapter).
(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 and paragraph (a)(2) introductory text
and (a)(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.
[[Page 7261]]
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 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 this chapter shall not
be applicable to any objections duly filed under this section.
0
86. Amend Sec. 73.3598 by:
0
a. Revising the introductory text of paragraph (a);
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:
* * * * *
(b) * * *
(3) [Reserved]
* * * * *
(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
[[Page 7262]]
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 paragraph (a)(2), removing
and reserving paragraphs (a)(6) and (7), removing paragraph (a)(17),
removing and reserving paragraphs (b)(1) through (4), removing
paragraph (c)(6), and removing and reserving paragraphs (d) and (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 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).
* * * * *
(a)(6) through (7) [Reserved]
* * * * *
(b)(1) through (4) [Reserved]
* * * * *
(d) [Reserved]
* * * * *
(g) * * *
(1) through (3) [Reserved]
* * * * *
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. Section 73.4060 is amended by revising paragraph (a) 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 amended 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).
0
100. 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
101. Section 73.5005 is amended by revising paragraph (a) to read as
follows:
[[Page 7263]]
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
102. 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
103. Section 73.5007 is amended by revising paragraphs (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));
* * * * *
(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
104. 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
105. Section 73.6010 is amended by removing and reserving paragraph (b)
and revising paragraphs (c) and (d) to read as follows:
Sec. 73.6010 Class A TV station protected contour.
* * * * *
(b) [Reserved]
(c) A Class A TV station will be protected from interference within
the following predicted signal contours:
(1) 43 dBu for stations on Channels 2 through 6;
(2) 48 dBu for stations on Channels 7 through 13; and
(3) 51 dBu for stations on Channels 14 through 36.
(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).
* * * * *
Sec. 73.6012 [Removed]
0
106. Remove Sec. 73.6012.
Sec. 73.6013 [Removed]
0
107. Remove Sec. 73.6013.
Sec. 73.6014 [Removed]
0
108. Remove Sec. 73.6014.
0
109. 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
110. 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
111. 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
112. 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
113. Revise Sec. 73.6022 to read as follows:
Sec. 73.6022 Negotiated interference.
(a) Notwithstanding the technical criteria in this subpart J of
this part, 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 (a)
will be granted only if the Commission finds that such action is
consistent with the public interest.
[[Page 7264]]
(b) [Reserved]
0
114. Revise Sec. 73.6023 (a) through (c) to read as follows:
Sec. 73.6023 Distributed transmission systems.
(a) Station licensees may operate a commonly owned group of 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.
(b) A Class 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, Class A stations operating a DTS facility
must comply with all rules in this part applicable to Class A single-
transmitter stations.
(c) For purposes of compliance with this section, a Class A
station's ``authorized facility'' is the facility authorized for the
station in a license or construction permit for non-DTS, single-
transmitter-location operation. A Class A station's ``authorized
service area'' is defined as the area within its protected contour
(described by Sec. 73.6010(c)) as determined using the authorized
facility.
* * * * *
0
115. Section 73.6024 is amended by revising paragraph (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
116. Amend Sec. 73.6025 by:
0
a. Revising paragraph (a);
0
b. Removing and reserving paragraph (b); and
0
c. 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
117. 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) Section 73.603 Numerical designation of television channels.
(b) Section 73.624(b), (c), and (g) Television broadcast stations.
(c) Section 73.658 Affiliation agreements and network program
practice; territorial exclusivity in non-network program arrangements.
(d) Section 73.664 Determining operating power.
(e) Section 73.670 Commercial limits in children's programs.
(f) Section 73.671 Educational and informational programming for
children.
(g) Section 73.673 Public information initiatives regarding
educational and informational programming for children.
(h) Section 73.688 Indicating instruments.
(i) Section 73.1030 Notifications concerning interference to radio
astronomy, research and receiving installations.
(j) Section 73.3615(a) and (g) Ownership reports.
Sec. 73.6027 [Removed]
0
118. Remove Sec. 73.6027.
0
119. Revise Sec. 73.8000 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 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/.
[[Page 7265]]
(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
120. 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
121. 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 G of this part 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
122. 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
123. 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
124. 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
125. 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 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
126. Section 74.794 is amended by revising the section heading and
paragraph (b) 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. 2023-24626 Filed 1-31-24; 8:45 am]
BILLING CODE 6712-01-P