Rule2022-20294
Establishing Rules for Digital Low Power Television and Television Translator Stations
Primary source
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Published
September 23, 2022
Effective
October 24, 2022
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission or FCC) adopts several rule updates to otherwise outdated rules for low power television and TV translator stations following the July 13, 2021, transition from analog to digital operations. This final rule deletes or revises rules that no longer have any practical effect given the completion of the low power television (LPTV)/translator digital transition, or that are otherwise obsolete or irrelevant. In addition, this final rule makes certain ministerial changes, for example, to delete analog rules, and to add definitions and other information previously adopted in rulemaking proceedings but inadvertently omitted from the rules.
Full Text
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[Federal Register Volume 87, Number 184 (Friday, September 23, 2022)]
[Rules and Regulations]
[Pages 58200-58206]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20294]
[[Page 58199]]
Vol. 87
Friday,
No. 184
September 23, 2022
Part II
Federal Communications Commission
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47 CFR Part 74
Establishing Rules for Digital Low Power Television and Television
Translator Stations; Final and Proposed Rules
Federal Register / Vol. 87, No. 184 / Friday, September 23, 2022 /
Rules and Regulations
[[Page 58200]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 74
[MB Docket Nos. 03-185 and 22-261; FCC 22-58; FR ID 104614]
Establishing Rules for Digital Low Power Television and
Television Translator 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(Commission or FCC) adopts several rule updates to otherwise outdated
rules for low power television and TV translator stations following the
July 13, 2021, transition from analog to digital operations. This final
rule deletes or revises rules that no longer have any practical effect
given the completion of the low power television (LPTV)/translator
digital transition, or that are otherwise obsolete or irrelevant. In
addition, this final rule makes certain ministerial changes, for
example, to delete analog rules, and to add definitions and other
information previously adopted in rulemaking proceedings but
inadvertently omitted from the rules.
DATES: Effective October 24, 2022.
FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at
(202) 418-1647 or <a href="/cdn-cgi/l/email-protection#d892b7a1bbbdf69abdaab6abacbdb1b698bebbbbf6bfb7ae"><span class="__cf_email__" data-cfemail="591336203a3c771b3c2b372a2d3c3037193f3a3a773e362f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Order, in MB Docket Nos. 03-185, 22-261; FCC 22-58, adopted on July 12,
2022, and released on July 13, 2022, and revised in Erratum, released
September 9, 2022. The full text of this document is available for
download at <a href="https://docs.fcc.gov/public/attachments/FCC-22-58A1.pdf">https://docs.fcc.gov/public/attachments/FCC-22-58A1.pdf</a>. To
request materials in accessible formats (braille, large print, computer
diskettes, or audio recordings), please send an email to <a href="/cdn-cgi/l/email-protection#42040101777276022421216c252d34"><span class="__cf_email__" data-cfemail="01474242343135416762622f666e77">[email protected]</span></a>
or call the Consumer & Government Affairs Bureau at (202) 418-0530
(VOICE), (202) 418-0432 (TTY).
Synopsis
On October 25, 2021, in connection with the completion of the
incentive auction and broadcast television spectrum repacking
authorized by the Middle Class Tax Relief and Job Creation Act, the
Commission adopted a new Table of TV Allotments for full power
television stations and also amended part 74 to remove references to
channels and frequency bands that are no longer in-core television
spectrum and/or references to analog TV operations which were no longer
permitted (86 FR 66193 (Nov. 22, 2021)). The Commission stated in that
order that in a future proceeding, it would conduct a review of its
rules to delete provisions relating to analog television and update
other rules pertaining to television. This item is part of that ongoing
effort.
The Digital Transition and Analog Termination Deadlines. Full power
television stations largely completed their transition from analog to
digital operations by June 12, 2009, and Class A television stations
did the same by September 1, 2015. In 2011, when the Commission first
adopted a digital transition deadline for LPTV/translators and
established September 1, 2015, as the deadline (the ``original
transition deadline''), it found that ``the Communications Act
compelled low power television stations ultimately to convert to
digital operation.'' The Commission reasoned that ``allowing low power
stations to continue operating in analog . . . would prevent consumers
from enjoying the benefits of digital broadcast technology, including
improved picture and sound quality, and additional program offerings
through multicasting.''
In the 2015 Low Power Television Digital Transition Third Report
and Order (LPTV DTV Third R&O) (81 FR 5041 (Feb. 1, 2016)), the
Commission recognized that the incentive auction would likely have a
significant impact on LPTV/translator digital conversion plans and
therefore extended the original transition deadline to 12 months after
the completion of the 39-month post-incentive auction transition
period, which became July 13, 2021. The Commission also set July 13,
2021, as the analog termination deadline--the date by which all LPTV/
translator stations were required to terminate all analog television
operations, regardless of whether their digital facilities were
operational. When extending the digital transition and analog
termination deadline in 2015, the Commission affirmed its commitment to
completing the LPTV/translator digital transition by a date certain,
concluding that the new deadline must continue to be a ``hard
deadline'' when all LPTV/translator stations terminate all analog
operations regardless of whether their digital facilities are
operational. The LPTV/translator transition was successfully completed,
and the vast majority (97%) of LPTV/translator stations completed their
transition and are now operating in digital. Thus, analog television is
now a legacy service.
Deletion of Obsolete Rules Recognizing the Digital Transition.
Given that LPTV/translator stations have ceased analog operations, we
adopt revisions to certain part 74 rules. Because these revisions to
the rules described in this section of this final rule merely eliminate
provisions of the rules that are obsolete due to the conversion from
analog to digital television technology, we find good cause to conclude
that notice and comment procedures are unnecessary and would not serve
any useful purpose. 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 impracticable,
unnecessary, or contrary to the public interest.'').
Specifically, we eliminate in their entirety rules that provide for
analog-to-analog and analog-to-digital interference protection
requirements and other analog operating requirements, including: 47 CFR
74.706 (Digital TV (DTV) station protection); 74.707 (Low power TV and
TV translator station protection); and 74.761 (Frequency tolerance).
Where these rules are referred to in other rules, the digital licensing
rule number is substituted. See, e.g., 47 CFR 74.703(a) (Interference).
The digital-to-digital interference protection standards are found in
Sec. Sec. 74.792 (Low power TV and TV translator station protected
contour) and 74.793(b) (Low power TV and TV translator station
protection of broadcast stations) of the rules. The ``purpose and
permissible service requirements'' currently found in Sec. 74.731 will
now be found in Sec. 74.790 (Permissible service of TV translator and
LPTV stations). We also delete 47 CFR 74.736 (Emissions and bandwidth),
which applies solely to analog television broadcasting, and remove
analog references from 47 CFR 74.793(b), (c), (f), and (h).
We also eliminate the viewer notification requirement that
terminated at the end of the digital transition on July 13, 2021, and
the pre-transition digital construction period processing procedures.
See 47 CFR 74.798 (Digital television transition notices by
broadcasters). This rule required stations to notify viewers of their
transition from analog to digital and that requirement ended with the
LPTV/translator stations' successful transition to digital operations.
Since all stations were required to complete their digital conversion
by July 13, 2021, and are either operating in digital or are silent,
the rule is now obsolete. We also delete 47 CFR 74.788 (Digital
construction period). This rule provided, in part, for
[[Page 58201]]
certain LPTV/translator stations to apply for a single six-month
extension of their digital construction permit past the July 13, 2021,
digital transition deadline, and set out construction responsibilities
of Class A and LPTV/translator stations holding both analog and digital
construction permits. The extended six-month time period ended January
10, 2022. LPTV/translator permittees, and licensees holding
construction permits, are subject to the three-year construction period
and tolling provisions set forth in 47 CFR 73.3598(a) and (b).
We also amend rule headings and language in rules to remove
references to DTV, digital, and analog television service. Because
LPTV/translators transitioned from analog to digital operations, there
is no further need to differentiate between digital and analog or to
reference analog service in the following rules: 47 CFR 74.701(b)
(Definitions--Primary station); (j) (Digital television broadcast
translator station); (k) (Digital low power TV station); (m) (Existing
low power television or television translator station); (n) (Suitable
in core channel); 74.735(b) (Power limitations); 74.787(a) and (b)
(Digital licensing). Digital replacement translators and digital-to-
digital replacement translators may continue to seek displacement if
necessary, under Sec. 74.787(a)(4) (Displacement applications), even
though the specific language in Sec. 74.787(a)(5)(i) is being removed
because it is obsolete. In addition, because LPTV/translator permittees
and licensees holding construction permits are subject to the three-
year construction period and tolling provision set forth in 47 CFR
73.3598(a) and (b), the requirements set forth in 47 CFR
74.787(a)(5)(ii) are obsolete.
We similarly remove the differentiations between digital and analog
and references to analog service in 47 CFR 74.790(a) through (k)
(Permissible service of digital TV translator and LPTV stations);
74.791(a) through (c) (Digital call signs); 74.793(a) and (b) (Digital
low power TV and TV translator station protection of broadcast
stations); 74.794(a)(1) (Digital emissions); 74.795(a) and (b) (Digital
low power TV and TV translator transmission system facilities); and
74.796(a) (Modification of digital transmission systems and analog
transmission systems for digital operation).
We also delete references to analog interference rules. See 47 CFR
74.735(c) (Power limitations).
Finally, we amend rule headings and language in rules to eliminate
references to television boosters and UHF translator signal boosters,
which were analog services, in the following rules: 47 CFR part 74,
subpart G heading; 47 CFR 74.701(i) (Definitions--Television broadcast
booster station); 74.702(c) (Channel assignments); 74.703(a) through
(c) and (i) (Interference); 74.732(g) and (h) (Eligibility and
licensing requirements); 74.734(a) (Attended and unattended operation);
74.735(b) (Power limitations); 74.751(b)(1) (Modification of
transmission systems); 74.763(a) and (c) (Time of operation); 74.780
(Heading--Broadcast regulations applicable to translators and low power
and booster stations); 74.781(a) and (c) (Station records); 74.784(d)
(Rebroadcasts); 74.792(a) (Digital low power TV and TV translator
station protected contour); 74.733 (UHF translator signal boosters);
and 74.701(e) (Definitions--UHF translator signal booster). Analog UHF
translator signal boosters were first authorized in 1963, 28 FR 13722,
13724 (1963), decades before the advent of digital television. At that
time, the Commission also adopted rules that distinguished between VHF
(channels 2 through 13) and UHF (channels 70 through 83) translators,
id., which did not carry over into digital processing and operations.
Accordingly, we also delete 47 CFR 74.701(c) and (d) (Definitions--VHF
Translator and UHF Translator) and language in 47 CFR 74.702(a)(1) and
(2) (Channel assignments) that refers to these facilities.
We also delete references to companion digital channels, which
referred to digital channels associated with stations' authorized
analog channels, and digital conversion channels, which referred to
previously authorized analog channels that were converted to digital
operations. See 47 CFR 74.701(o) and (p) (Definitions--Companion
digital channel and Digital conversion channel); and 74.787(a)(1) and
(2) (Digital licensing--Applications for digital conversion and
Applications for companion digital channel).
Additional Ministerial Rule Updates. We adopt additional non-
substantive, technical revisions to certain part 74 rules as set forth
in the final regulations and further described below. We amend certain
rules to provide LPTV/translator licensees and permittees with accurate
information about current Commission forms. See 47 CFR 74.751(b)
(Modification of transmission systems); 74.787(a)(3) and (4) (Digital
licensing); and 74.797 (Biennial Ownership Reports). We note that the
numbering of our forms has changed with the transition of the
Commission's broadcast licensing database from the Consolidated
Database System (CDBS) to the Licensing and Management System (LMS).
See also 47 CFR 74.703(a) (updating location of Commission's main
office).
We also delete duplicate sections that were contained in both the
analog and digital portions of part 74 in the following rules: 47 CFR
74.701(g) (Program origination). This section mirrored the digital-
specific rule in 47 CFR 74.701(l) (Digital program origination), which
we retain. We modify 47 CFR 74.789 (Broadcast regulations applicable to
digital low power television and television translators),
74.787(a)(5)(viii), and 74.780 of the Commission's rules (Broadcast
regulations applicable to translators, low power, and booster stations)
to delete some rules that no longer exist and correct the headings of
some rules. We also delete 47 CFR 74.731 (Purpose and permissible
service) because it is largely repeated at 47 CFR 74.790 (Permissible
service of digital TV translator and LPTV stations), with the exception
of Sec. 74.731(m), which has been moved to Sec. 74.790(m). Finally,
we retain pertinent text from 47 CFR 74.790(f), and move it to
paragraph (l) of that section, and make non-substantive editorial
changes for clarity.
We also add definitions of analog-to-digital replacement
translators (DRTs) and digital-to-digital replacement translators
(DTDRTs). See 47 CFR 74.701 and 74.787(a)(5). The definitions were
adopted in the Commission's order creating the digital-to-digital
translator service in Amendment of Parts 73 and 74 of the Commission's
Rules to Establish Rules for Digital Low Power Television and
Television Translator Stations, MB Docket No. 03-185, Third Report and
Order, 81 FR 5041 (Feb. 1, 2016), and Fourth Notice of Proposed
Rulemaking, 81 FR 5086 (Feb. 1, 2016), 30 FCC Rcd 14927, 14956-57,
para. 65 (2015) and in the order creating the analog-to-digital
replacement translator service in Amendment of Parts 73 and 74 of the
Commission's Rules to Establish Rules for Replacement Digital Low Power
Television Translator Stations, MB Docket No. 08-253, 74 FR 23650 (May
20, 2009), Report and Order, 24 FCC Rcd 5931, 5933, para. 4 (2009).
We also add an explanatory note to Sec. 74.709 to reference and
explain the existence of a granted waiver with respect to the community
of Los Angeles, California. Section 74.709 of the rules requires LPTV/
translator stations to protect certain channels for use by the land
mobile radio service (LMRS) in thirteen U.S. cities listed in
[[Page 58202]]
the rule. In 2008, the Commission's Public Safety and Homeland Security
Bureau (PSHSB) granted a waiver pursuant to section 337(c) of the
Communications Act, as amended, allowing the County of Los Angeles to
use channel 15 in Los Angeles for public safety communications. See
Request for Waiver of the Commission's Rules to Authorize Public Safety
Communications in the 476-482 MHz Band (County of Los Angeles,
California), Order, 23 FCC Rcd 18389 (PSHSB 2008). Because this channel
is adjacent to two channels contained in Sec. 74.709, we believe the
public interest is served by including a note explaining the existence
of the 2008 waiver.
This document does not contain information collection requirements
subject to the Paperwork Reduction Act of 1995, Public Law 104-13. In
addition, therefore, it does not contain any proposed information
collection burden ``for small business concerns with fewer than 25
employees,'' pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4). Provisions of the
Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to
this proceeding. The Commission has determined, and the Administrator
of the Office of Information and Regulatory Affairs, Office of
Management and Budget, concurs that this rule is ``non-major'' under
the Congressional Review Act, 5 U.S.C. 804(2). The Commission will also
send a copy of the Order to Congress and the Government Accountability
office, pursuant to 5 U.S.C. 801(a)(1)(A).
List of Subjects in 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 part 74 as follows:
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
1. The authority citation for part 74 is revised to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 325, 336 and
554.
0
2. The heading for subpart G is revised to read as follows:
Subpart G--Low Power TV and TV Translator Stations
0
3. Section 74.701 is amended by:
0
a. Revising paragraphs (b), (c), and (d);
0
b. Removing and reserving paragraphs (e), (g), and (i);
0
c. Revising paragraphs (j), (k), and (m); and
0
d. Removing paragraphs (n), (o), and (p).
The revisions read as follows:
Sec. 74.701 Definitions.
* * * * *
(b) Primary station. The television station which provides the
programs and signals being retransmitted by a television broadcast
translator station.
(c) Analog to Digital Replacement Translator (DRT). A television
translator licensed to a full power television station that allows it
to restore service to any loss areas that may have occurred as a result
of its transition from analog to digital.
(d) Digital to Digital Replacement Translator (DTDRT). A television
translator licensed to a full power television station that allows it
to restore service to any loss areas that may have occurred as a result
of the station being assigned a new channel pursuant to the Incentive
Auction and repacking process.
* * * * *
(j) Television broadcast translator station (``TV translator
station''). A station operated for the purpose of retransmitting the
programs and signals of a television broadcast station, without
significantly altering any characteristic of the original signal other
than its frequency, for the purpose of providing television reception
to the general public.
(k) Low power TV station (``LPTV station''). A station authorized
under the provisions of this subpart that may retransmit the programs
and signals of a television broadcast station, may originate
programming in any amount greater than 30 seconds per hour for the
purpose of providing television reception to the general public and,
subject to a minimum video program service requirement, may offer
services of an ancillary or supplementary nature, including
subscription-based services. (See Sec. 74.790.)
* * * * *
(m) Existing low power television or television translator station.
When used in this subpart, the terms existing low power television and
existing television translator station refer to a low power television
station or television translator station that is either licensed or has
a valid construction permit.
0
4. Section 74.702 is amended by:
0
a. Revising paragraphs (a)(1) and (2); and
0
b. Removing and reserving paragraph (c).
The revisions read as follows:
Sec. 74.702 Channel assignments.
(a) * * *
(1) Any one of the 12 standard VHF Channels (2 to 13 inclusive) may
be assigned to a low power TV or TV translator station.
(2) Any one of the UHF Channels from 14 to 36, inclusive, may be
assigned to a low power TV or TV translator station. In accordance with
Sec. 73.603(c) of this chapter, Channel 37 will not be assigned to
such stations.
* * * * *
0
5. Section 74.703 is amended by:
0
a. Revising paragraphs (a) and (b) and the first sentence of paragraph
(c); and
0
b. Removing and reserving paragraph (i).
The revisions read as follows:
Sec. 74.703 Interference.
(a) An application for a new low power TV or TV translator station
or for a change in the facilities of such an authorized station will
not be granted when it is apparent that interference will be caused.
Except where there is a written agreement between the affected parties
to accept interference, or where it can be shown that interference will
not occur due to terrain shielding and/or Longley-Rice terrain
dependent propagation methods, the licensee of a new low power TV or TV
translator station shall protect existing low power TV and TV
translator stations from interference within the protected contour
defined in Sec. 74.792 and shall protect existing Class A TV stations
within the protected contours defined in Sec. 73.6010 of this chapter.
Such written agreement shall accompany the application. Copies of OET
Bulletin No. 69 may be inspected during normal business hours at the
Federal Communications Commission's Reference Information Center,
located at the address of the FCC's main office indicated in 47 CFR
0.401(a). This document is also available through the internet on the
FCC Home Page at <a href="https://www.fcc.gov/oet/info/documents/bulletins/#69">https://www.fcc.gov/oet/info/documents/bulletins/#69</a>.
(b) It shall be the responsibility of the licensee of a low power
TV or TV translator station to correct at its expense any condition of
interference to the direct reception of the signal of any full-power TV
broadcast station operating on the same channel as that used by the low
power TV or TV translator station or an adjacent channel
[[Page 58203]]
which occurs as a result of the operation of the low power TV or TV
translator station. Interference will be considered to occur whenever
reception of a regularly used signal is impaired by the signals
radiated by the low power TV or TV translator station, regardless of
the quality of the reception or the strength of the signal so used. If
the interference cannot be promptly eliminated by the application of
suitable techniques, operation of the offending low power TV or TV
translator station shall be suspended and shall not be resumed until
the interference has been eliminated. If the complainant refuses to
permit the low power TV or TV translator station to apply remedial
techniques that demonstrably will eliminate the interference without
impairment of the original reception, the licensee of the low power TV
or TV translator station is absolved of further responsibility.
(c) It shall be the responsibility of the licensee of a low power
TV or TV translator station to correct any condition of interference
which results from the radiation of radio frequency energy outside its
assigned channel. * * *
* * * * *
Sec. 74.706 [Removed and Reserved]
0
6. Remove and reserve Sec. 74.706.
Sec. 74.707 [Removed and Reserved]
0
7. Remove and reserve Sec. 74.707.
0
8. Section 74.709 is amended by adding a note at the end of the section
to read as follows:
Sec. 74.709 Land mobile station protection.
* * * * *
Note 1 to Sec. 74.709. The Chief, Public Safety and Homeland
Security Bureau waived the rules of this section 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) or (b)(2) of this section, the waiver
requires LPTV and translator stations to protect this land mobile
operation.
Sec. 74.731 [Removed and Reserved]
0
9. Remove and reserve Sec. 74.731.
Sec. 74.732 [Amended]
0
10. Section 74.732 is amended by removing and reserving paragraphs (g)
and (h).
Sec. 74.733 [Removed and Reserved]
0
11. Remove and reserve Sec. 74.733.
0
12. Section 74.734 is amended by revising paragraph (a) introductory
text to read as follows:
Sec. 74.734 Attended and unattended operation.
(a) Low power TV and TV translator stations may be operated without
a designated person in attendance if the following requirements are
met:
* * * * *
0
13. Section 74.735 is amended by revising paragraphs (b) introductory
text and (b)(2) and the first sentence of paragraph (c) introductory
text to read as follows:
Sec. 74.735 Power limitations.
* * * * *
(b) The maximum ERP of a low power TV or TV translator station
(average power) shall not exceed:
* * * * *
(2) 15 kW for UHF channels 14-36.
(c) The limits in paragraph (b) of this section apply separately to
the effective radiated powers that may be obtained by the use of
horizontally or vertically polarized transmitting antennas. * * *
* * * * *
Sec. 74.736 [Removed and Reserved]
0
14. Remove and reserve Sec. 74.736.
0
15. Section 74.751 is amended by revising paragraphs (b) introductory
text and (b)(1) to read as follows:
Sec. 74.751 Modification of transmission systems.
* * * * *
(b) Formal application (FCC Form 2100, Schedule C) is required for
any of the following changes:
(1) Replacement of the transmitter as a whole, except replacement
with a transmitter of identical power rating which has been
certificated by the FCC for use by low power TV and TV translator
stations, or any change which could result in a change in the
electrical characteristics or performance of the station.
* * * * *
Sec. 74.761 [Removed and Reserved]
0
16. Remove and reserve Sec. 74.761.
0
17. Section 74.763 is amended by revising paragraph (a) and the first
sentence of paragraph (c) to read as follows:
Sec. 74.763 Time of operation.
(a) A low power TV or TV translator station is not required to
adhere to any regular schedule of operation. However, the licensee of a
TV translator station is expected to provide service to the extent that
such is within its control and to avoid unwarranted interruptions in
the service provided.
* * * * *
(c) Failure of a low power TV or TV translator station to operate
for a period of 30 days or more, except for causes beyond the control
of the licensee, shall be deemed evidence of discontinuation of
operation and the license of the station may be cancelled at the
discretion of the FCC. * * *
* * * * *
0
18. Revise Sec. 74.780 to read as follows:
Sec. 74.780 Broadcast regulations applicable to translators and low
power stations.
The following rules are applicable to TV translator and low power
TV stations:
(a) 47 CFR part 5--Experimental authorizations.
(b) 47 CFR 73.658--Affiliation agreements and network program
practices; territorial exclusivity in non-network program arrangements.
(c) 47 CFR part 11--Emergency Alert System (for low power TV
stations locally originating programming as defined by Sec.
74.701(h)).
(d) 47 CFR 73.1030--Notifications concerning interference to radio
astronomy, research, and receiving installations.
(e) 47 CFR 73.1206--Broadcast of telephone conversations.
(f) 47 CFR 73.1207--Rebroadcasts.
(g) 47 CFR 73.1208--Broadcast of taped, filmed, or recorded
material.
(h) 47 CFR 73.1211--Broadcast of lottery information.
(i) 47 CFR 73.1212--Sponsorship identifications; list retention;
related requirements.
(j) 47 CFR 73.1216--Licensee-conducted contests.
(k) 47 CFR 73.1515--Special field test authorizations.
(l) 47 CFR 73.1615--Operation during modification of facilities.
(m) 47 CFR 73.1635--Special temporary authorizations (STA).
(n) 47 CFR 73.1650--International agreements.
(o) 47 CFR 73.1680--Emergency antennas.
(p) 47 CFR 73.1692--Reserved.
(q) 47 CFR 73.1940--Legally qualified candidates for public office.
(r) 47 CFR 73.2080--Equal employment opportunities (for low power
TV stations only).
(s) 47 CFR 73.3500--Application and report forms.
(t) 47 CFR 73.3511--Applications required.
(u) 47 CFR 73.3512--Where to file; number of copies.
(v) 47 CFR 73.3513--Signing of applications.
(w) 47 CFR 73.3514--Content of applications.
(x) 47 CFR 73.3516--Specification of facilities.
[[Page 58204]]
(y) 47 CFR 73.3517--Contingent applications.
(z) 47 CFR 73.3518--Inconsistent or conflicting applications.
(aa) 47 CFR 73.3519--Repetitious applications.
(bb) 47 CFR 73.3521--Mutually exclusive applications for low power
TV and TV translator stations.
(cc) 47 CFR 73.3522--Amendment of applications.
(dd) 47 CFR 73.3525--Agreements for removing application conflicts.
(ee) 47 CFR 73.3533--Application for construction permit or
modification of construction permit.
(ff) 47 CFR 73.3536--Application for license to cover construction
permit.
(gg) 47 CFR 73.3538(a)(1), (3), and (4) and (b)--Application to
make changes in an existing station.
(hh) 47 CFR 73.3539--Application for renewal of license.
(ii) 47 CFR 73.3540--Application for voluntary assignment or
transfer of control.
(jj) 47 CFR 73.3541--Application for involuntary assignment of
license or transfer of control.
(kk) 47 CFR 73.3542--Application for emergency authorization.
(ll) 47 CFR 73.3544--Application to obtain a modified station
license.
(mm) 47 CFR 73.3545--Application for permit to deliver programs to
foreign stations.
(nn) 47 CFR 73.3550--Requests for new or modified call sign
assignments.
(oo) 47 CFR 73.3561--Staff consideration of applications requiring
Commission action.
(pp) 47 CFR 73.3562--Staff consideration of applications not
requiring action by the Commission.
(qq) 47 CFR 73.3564--Acceptance of applications.
(rr) 47 CFR 73.3566--Defective applications.
(ss) 47 CFR 73.3568--Dismissal of applications.
(tt) 47 CFR 73.3572--Processing of TV broadcast, low power TV, and
TV translator station applications.
(uu) 47 CFR 73.3580--Local public notice of filing of broadcast
applications.
(vv) 47 CFR 73.3584--Petitions to deny.
(ww) 47 CFR 73.3587--Informal objections.
(xx) 47 CFR 73.3591--Grants without hearing.
(yy) 47 CFR 73.3593--Designation for hearing.
(zz) 47 CFR 73.3594--Local public notice of designation for
hearing.
(aaa) 47 CFR 73.3597--Procedures on transfer and assignment
applications.
(bbb) 47 CFR 73.3598--Period of construction.
(ccc) 47 CFR 73.3601--Simultaneous modification and renewal of
license.
(ddd) 47 CFR 73.3603--Special waiver procedure relative to
applications.
(eee) 47 CFR 73.3612--Annual employment report (for low power TV
stations only).
(fff) 47 CFR 73.3613--Availability to FCC of station contracts
(network affiliation contracts for low power TV stations only).
0
19. Section 74.781 is amended by revising paragraph (a) and the first
sentence of paragraph (c) to read as follows:
Sec. 74.781 Station records.
(a) The licensee of a low power TV or TV translator station shall
maintain adequate station records, including the current instrument of
authorization, official correspondence with the FCC, contracts,
permission for rebroadcasts, and other pertinent documents.
* * * * *
(c) The station records shall be maintained for inspection at a
residence, office, or public building, place of business, or other
suitable place, in one of the communities of license of the translator,
except that the station records of a translator licensed to the
licensee of the primary station may be kept at the same place where the
primary station records are kept. * * *
* * * * *
Sec. 74.784 [Amended]
0
20. Section 74.784 is amended by removing and reserving paragraph (d)
and removing the parenthetical authority citation at the end of the
section.
0
21. Section 74.787 is amended by:
0
a. Revising the section heading and paragraph (a) heading;
0
b. Removing and reserving paragraphs (a)(1) and (2);
0
c. Revising the fourth sentence of paragraph (a)(3) and paragraphs
(a)(4) and (a)(5)(i);
0
d. Removing and reserving paragraph (a)(5)(ii);
0
e. Revising paragraph (a)(5)(iii);
0
f. Removing and reserving paragraph (a)(5)(iv);
0
g. Removing the first sentence of paragraph (a)(5)(v); and
0
h. Revising paragraphs (a)(5)(vii) and (viii), (b) heading, and (b)(1)
introductory text.
The revisions read as follows:
Sec. 74.787 Licensing.
(a) Applications for low power television and television translator
stations. * * *
(3) * * * Such applications shall be accepted on a first-come,
first-served basis, and shall be filed on FCC Form 2100, Schedule C. *
* *
(4) Displacement applications. A low power television, television
translator, or DRT or DTDRT station which is causing or receiving
interference or is predicted to cause or receive interference to or
from an authorized TV broadcast station or allotment or other protected
station or service, may at any time file a displacement relief
application for change in channel, together with technical
modifications that are necessary to avoid interference or continue
serving the station's protected service area, provided the proposed
transmitter site is not located more than 30 miles from the reference
coordinates of the existing station's community of license. See Sec.
76.53 of this chapter. A displacement relief application shall be filed
on FCC Form 2100, Schedule C, and will be considered a minor change and
will be placed on public notice for a period of not less than 30 days
to permit the filing of petitions to deny. These applications will not
be subject to the filing of competing applications. Where a
displacement relief application for a low power television or
television translator station becomes mutually exclusive with the
application(s) for new low power television or television translator
stations, or with other non-displacement relief applications for
facilities modifications of low power television or television
translator stations, priority will be afforded to the displacement
application for the low power television or television translator
station to the exclusion of other applications. Mutually exclusive
displacement relief applications for low power television and
television translator stations shall be resolved via the Commission's
rules in part 1 of this chapter and broadcast competitive bidding rules
in Sec. Sec. 1.2100 through 1.2209 and 73.5000 through 73.5009 of this
chapter. Such applicants shall be afforded an opportunity to submit
settlements and engineering solutions to resolve mutual exclusivity
pursuant to Sec. 73.5002(d) of this chapter.
(5) * * *
(i) Applications for new DRTs and DTDRTs are no longer accepted.
* * * * *
(iii) Displacement applications for DRTs and DTDRTs shall be given
processing priority over all other low power television and TV
translator new, minor change, or displacement applications except
displacement applications for other DRTs and
[[Page 58205]]
DTDRTs with which they shall have co-equal priority.
* * * * *
(vii) Analog-to-digital and digital-to-digital replacement
television translators may operate only on those television channels
designated for broadcast television in Sec. 74.702.
(viii) The following sections are applicable to analog-to-digital
and digital-to-digital replacement television translator stations:
(A) Section 74.703--Interference.
(B) Section 74.709--Land mobile station protection.
(C) Section 74.734--Attended and unattended operation.
(D) Section 74.735--Power limitations.
(E) Section 74.751--Modification of transmission systems.
(F) Section 74.763--Time of operation.
(G) Section 74.769--Familiarity with FCC rules.
(H) Section 74.780--Broadcast regulations applicable to translators
and low power stations.
(I) Section 74.781--Station records.
(J) Section 74.784--Rebroadcasts.
(b) Definitions of ``major'' and ``minor'' changes to low power
television and television translator stations. (1) Applications for
major changes in low power television and television translator
stations include:
* * * * *
Sec. 74.788 [Removed and Reserved]
0
22. Remove and reserve Sec. 74.788.
0
23. Revise Sec. 74.789 to read as follows:
Sec. 74.789 Broadcast regulations applicable to low power television
and television translator stations.
The following sections are applicable to low power television and
television translator stations:
(a) Section 74.600--Eligibility for license.
(b) Section 74.703--Interference.
(c) Section 74.709--Land mobile station protection.
(d) Section 74.732--Eligibility and licensing requirements.
(e) Section 74.734--Attended and unattended operation.
(f) Section 74.735--Power limitations.
(g) Section 74.751--Modification of transmission systems.
(h) Section 74.763--Time of operation.
(i) Section 74.769--Familiarity with FCC rules.
(j) Section 74.780--Broadcast regulations applicable to translators
and low power stations.
(k) Section 74.781--Station records.
(l) Section 74.784--Rebroadcasts.
0
24. Section 74.790 is amended by revising the section heading and
paragraphs (a), (b) introductory text, (b)(1) introductory text,
(b)(1)(ii), (b)(2), (c) through (f), (g) introductory text, (g)(1),
(3), and (4), and (h) through (k) and adding paragraphs (l) and (m) to
read as follows:
Sec. 74.790 Permissible service of TV translator and LPTV stations.
(a) TV translator stations provide a means whereby the signals of
broadcast stations may be retransmitted to areas in which direct
reception of such stations is unsatisfactory due to distance or
intervening terrain barriers.
(b) Except as provided in paragraph (f) of this section, a TV
translator station may be used only to receive the signals of a TV
broadcast station, another TV translator station, a TV translator relay
station, a television intercity relay station, a television STL
station, or other suitable sources such as a CARS or common carrier
microwave station, for the simultaneous retransmission of the programs
and signals of a TV broadcast station. Such retransmissions may be
accomplished by any of the following means:
(1) Reception of TV broadcast station programs and signals directly
through space and conversion to a different channel by one of the
following transmission modes:
* * * * *
(ii) Digital signal regeneration (i.e., signal demodulation,
decoding, error processing, encoding, remodulation, and frequency
upconversion) and suitable amplification; or,
(2) Demodulation, remodulation, and amplification of TV broadcast
station programs and signals received through a microwave transport.
(c) The transmissions of each TV translator station shall be
intended for direct reception by the general public, and any other use
shall be incidental thereto. A TV translator station shall not be
operated solely for the purpose of relaying signals to one or more
fixed receiving points for retransmission, distribution, or further
relaying.
(d) Except as provided in paragraphs (e) and (f) of this section,
the technical characteristics of the retransmitted signals shall not be
deliberately altered so as to hinder reception on consumer TV broadcast
receiving equipment.
(e) A TV translator station shall not retransmit the programs and
signals of any TV broadcast station(s) without the prior written
consent of such station(s). A TV translator may multiplex on its output
channel the video program services of two or more TV broadcast
stations, pursuant to arrangements with all affected stations, and for
this limited purpose, is permitted to alter a TV broadcast signal.
(f) A TV translator station may transmit locally originated visual
and/or aural messages limited to emergency warnings of imminent danger,
to local public service announcements (PSAs) and to seeking or
acknowledging financial support deemed necessary to the continued
operation of the station. Acknowledgments of financial support may
include identification of the contributors, the size and nature of the
contribution and the advertising messages of the contributors. The
originations concerning financial support and PSAs are limited to 30
seconds each, no more than once per hour. Emergency transmissions shall
be no longer or more frequent than necessary to protect life and
property. Such originations may be accomplished by any technical means
agreed upon between the TV translator and TV station whose signal is
being retransmitted, but must be capable of being received on consumer
TV broadcast reception equipment.
(g) An LPTV station may operate under the following modes of
service:
(1) For the retransmission of programming of a TV broadcast
station, subject to the prior written consent of the station whose
signal is being retransmitted.
* * * * *
(3) Whenever operating, an LPTV station must transmit at least one
over-the-air video program signal at no direct charge to viewers at
least comparable in resolution to that of its associated analog (NTSC)
LPTV station or, in the case of an on-channel digital conversion, that
of its former analog LPTV station.
(4) An LPTV station may dynamically alter the bit stream of its
signal to transmit one or more video program services in any
established DTV video format.
(h) An LPTV station is not subject to minimum required hours of
operation and may operate in either of the two modes described in
paragraph (g) of this section for any number of hours.
(i) Upon transmitting a signal that meets the requirements of
paragraph (g)(3) of this section, an LPTV station may offer services of
any nature, consistent with the public interest, convenience, and
necessity, on an ancillary or supplementary basis in accordance with
the provisions of Sec. 73.624(c) and (g) of this chapter.
(j) An LPTV station may not be operated solely for the purpose of
[[Page 58206]]
relaying signals to one or more fixed receiving points for
retransmission, distribution or relaying.
(k) An LPTV station may receive input signals for transmission or
retransmission by any technical means, including those specified in
paragraph (b) of this section.
(l) As necessary, a TV translator shall modify, to avoid TV
reception tuning conflicts with other stations, the Program System and
Information Protocol (PSIP) information in the TV broadcast signal
being retransmitted.
(m) Low power television and TV translator stations may no longer
operate any facility in analog (NTSC) mode.
0
25. Revise Sec. 74.791 to read as follows:
Sec. 74.791 Call signs.
(a) Low power stations. Call signs for low power stations will be
made up of a prefix consisting of the initial letter K or W followed by
the channel number assigned to the station and two additional letters
and a suffix consisting of the letters -D.
(b) Television translator stations. Call signs for digital
television translator stations will be made up of a prefix consisting
of the initial letter K or W followed by the channel number assigned to
the station and two additional letters and a suffix consisting of the
letter -D.
(c) Low power television stations and Class A television stations.
Low power television and Class A television stations may be assigned a
call sign with a four-letter prefix pursuant to Sec. 73.3550 of this
chapter. Low power stations with four-letter prefixes will be assigned
the suffix -LD and digital Class A stations with four-letter prefixes
will be assigned the suffix -CD.
0
26. Section 74.792 is amended by revising the section heading and
paragraphs (a) introductory text and (a)(3) to read as follows:
Sec. 74.792 Low power TV and TV translator station protected contour.
(a) A low power TV or TV translator will be protected from
interference from other low power TV, TV translator, or Class A TV
stations within the following predicted contours:
* * * * *
(3) 51 dBu for stations on Channels 14 through 36.
* * * * *
0
27. Section 74.793 is amended by:
0
a. Revising the section heading and paragraphs (a), (b), and (c);
0
b. Removing and reserving paragraph (f); and
0
c. Revising paragraph (h).
The revisions read as follows:
Sec. 74.793 Low power TV and TV translator station protection of
broadcast stations.
(a) An application to construct a new low power TV or TV translator
station or change the facilities of an existing station will not be
accepted if it fails to meet the interference protection requirements
in this section.
(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. 73.623(c)(2)
through (4) of this chapter. Predictions of interference to co-channel
TV broadcast, Class A TV, LPTV, and TV translator stations will be
based on the interference thresholds specified therein for ``DTV-into-
DTV.''
(c) The following D/U signal strength ratio (dB) shall apply to the
protection of stations on the first adjacent channel. The D/U ratios
correspond to the LPTV or TV translator station's specified out-of-
channel emission mask.
Table 1 to Paragraph (c)
------------------------------------------------------------------------
Stringent
Simple mask mask Full service mask
------------------------------------------------------------------------
-7....................... -12 Lower (-28)/Upper (-26).
------------------------------------------------------------------------
* * * * *
(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 digital 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
28. Section 74.794 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 74.794 Digital emissions.
(a)(1) An applicant for a LPTV or TV translator station
construction permit shall specify that the station will be constructed
to confine out-of-channel emissions within one of the following
emission masks: Simple, stringent, or full service.
* * * * *
0
29. Section 74.795 is amended by revising the section heading,
paragraph (a), and paragraph (b) introductory text to read as follows:
Sec. 74.795 Low power TV and TV translator transmission system
facilities.
(a) A low power TV or TV translator station shall operate with a
transmitter that is either certificated for licensing based on the
following provisions or has been modified for digital operation
pursuant to Sec. 74.796.
(b) The following requirements must be met before low power TV and
TV translator transmitter will be certificated by the FCC:
* * * * *
0
30. Section 74.796 is amended by revising the section heading and
paragraph (a) to read as follows:
Sec. 74.796 Modification of transmission systems.
(a) The provisions of Sec. 74.751 shall apply to the modification
of low power TV and TV translator transmission systems.
* * * * *
0
31. Section 74.797 is amended by revising the first and second
sentences to read as follows:
Sec. 74.797 Biennial Ownership Reports.
The Ownership Report for Commercial Broadcast Stations (FCC Form
2100, Schedule 323) must be electronically filed by December 1 in all
odd-numbered years by each licensee of a low power television station
or other Respondent (as defined in Sec. 73.3615(a) of this chapter). A
licensee or other Respondent with a current and unamended biennial
ownership report (i.e., a report that was filed pursuant to this
section) on file with the Commission that is still accurate and which
was filed using the version of the report that is current on October 1
of the year in which its biennial ownership report is due may
electronically validate and resubmit its previously filed biennial
ownership report. * * *
Sec. 74.798 [Removed and Reserved]
0
32. Remove and reserve Sec. 74.798.
[FR Doc. 2022-20294 Filed 9-22-22; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on September 23, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.