Proposed Rule2022-24751
Establishing Rules for Full Power Television and Class A Television Stations
Primary source
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Published
February 9, 2023
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission or FCC) seeks comment on comprehensively deleting, updating, or otherwise revising Commission rules for full power television and Class A television stations that no longer have any practical effect given the completion of the transition from analog to digital-only operations and the post incentive auction transition to a smaller television band with fewer channels. This NPRM also seeks comment on a restructuring of the Commission's full power television rules, which largely consist of the technical licensing, operating, and interference rules for full power television.
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[Federal Register Volume 88, Number 27 (Thursday, February 9, 2023)]
[Proposed Rules]
[Pages 8636-8690]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-24751]
[[Page 8635]]
Vol. 88
Thursday,
No. 27
February 9, 2023
Part IV
Federal Communications Commission
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47 CFR Parts 0, 27, 73, et al.
Establishing Rules for Full Power Television and Class A Television
Stations; Proposed Rule
Federal Register / Vol. 88 , No. 27 / Thursday, February 9, 2023 /
Proposed Rules
[[Page 8636]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 27, 73, and 74
[MB Docket No. 22-227, FCC 22-73; FR ID 109687]
Establishing Rules for Full Power Television and Class A
Television Stations
AGENCY: Federal Communications Commission.
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: In this document, the Federal Communications Commission
(Commission or FCC) seeks comment on comprehensively deleting,
updating, or otherwise revising Commission rules for full power
television and Class A television stations that no longer have any
practical effect given the completion of the transition from analog to
digital-only operations and the post incentive auction transition to a
smaller television band with fewer channels. This NPRM also seeks
comment on a restructuring of the Commission's full power television
rules, which largely consist of the technical licensing, operating, and
interference rules for full power television.
DATES:
Comment date: April 10, 2023.
Reply comment date: April 25, 2023.
ADDRESSES: You may submit comments, identified by MB Docket No. 22-227,
FCC 22-73, by any of the following methods:
[ssquf] Federal Communications Commission's Website: <a href="https://apps.fcc.gov/ecfs/">https://apps.fcc.gov/ecfs/</a>. Follow the instructions for submitting comments.
[ssquf] Mail: Office of the Secretary, Federal Communications
Commission, 45 L Street NE, Washington, DC 20554.
[ssquf] People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: <a href="/cdn-cgi/l/email-protection#9ed8ddddabaeaadef8fdfdb0f9f1e8"><span class="__cf_email__" data-cfemail="da9c9999efeaee9abcb9b9f4bdb5ac">[email protected]</span></a> or phone: 202-418-
0530 or TTY: 202-418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at
<a href="/cdn-cgi/l/email-protection#7a301503191f54381f0814090e1f13143a1c1919541d150c"><span class="__cf_email__" data-cfemail="672d081e040249250215091413020e092701040449000811">[email protected]</span></a>, Emily Harrison, Media Bureau, at
<a href="/cdn-cgi/l/email-protection#d396bebabfaafd9bb2a1a1baa0bcbd93b5b0b0fdb4bca5"><span class="__cf_email__" data-cfemail="7d381014110453351c0f0f140e12133d1b1e1e531a120b">[email protected]</span></a>, or Mark Colombo, Media Bureau, at
<a href="/cdn-cgi/l/email-protection#a9e4c8dbc287eac6c5c6c4cbc6e9cfcaca87cec6df"><span class="__cf_email__" data-cfemail="81cce0f3eaafc2eeedeeece3eec1e7e2e2afe6eef7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Pursuant to Sec. Sec. 1.415 and 1.419 of
the Commission's rules, 47 CFR 1.415, 1.419, interested parties may
file comments and reply comments on or before the dates indicated on
the first page of this document. Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS). See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="https://apps.fcc.gov/ecfs/">https://apps.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
<bullet> Filings can be sent by commercial overnight courier, or by
first-class or overnight U.S. Postal Service mail. All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
<bullet> Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701. U.S. Postal Service first-class, Express,
and Priority mail must be addressed to 45 L Street NE, Washington, DC
20554.
<bullet> Effective March 19, 2020, and until further notice, the
Commission no longer accepts any hand or messenger delivered filings.
This is a temporary measure taken to help protect the health and safety
of individuals, and to mitigate the transmission of COVID-19. See FCC
Announces Closure of FCC Headquarters Open Window and Change in Hand-
Delivery Policy, Public Notice, DA 20-304 (March 19, 2020). <a href="https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy">https://www.fcc.gov/document/fcc-closes-headquarters-open-window-and-changes-hand-delivery-policy</a>.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="3e585d5d0b0e0a7e585d5d10595148">[email protected]</a> or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (TTY).
Paperwork Reduction Act of 1995 Analysis: This document proposes
new or modified information collection requirements. The Commission, as
part of its continuing effort to reduce paperwork burdens and pursuant
to the Paperwork Reduction Act of 1995, Public Law 104-13, invites the
general public and the Office of Management and Budget (OMB) to comment
on these information collection requirements. In addition, pursuant to
the Small Business Paperwork Relief Act of 2002, Public Law 107-198,
see 44 U.S.C. 3506(c)(4), we seek specific comment on how we might
further reduce the information collection burden for small business
concerns with fewer than 25 employees.
Synopsis
Incorporation by Reference
The Commission's proposals are limited to the incorporation by
reference of standards that are associated with full power and Class A
television services. Incorporation by reference is the process that
Federal agencies use when referring to materials published elsewhere to
give those materials the same force and effect of law in the Code of
Federal Regulations as if the materials' text had actually been
published in the Federal Register. 5 U.S.C. 552(a)(1) and Office of the
Federal Register, IBR Handbook 1 (July 2018), available at <a href="https://www.archives.gov/files/federal-register/write/handbook/ibr.pdf">https://www.archives.gov/files/federal-register/write/handbook/ibr.pdf</a>. By
using incorporation by reference, the Commission gives effect to
technical instructions, testing methodologies, and other process
documents that are developed and owned by standards development
organizations. Referencing these documents in the Commission's rules
substantially reduces the volume of material that would otherwise be
published in the Federal Register and the Code of Federal Regulations.
It also permits the Commission to more efficiently implement future
standards updates. Once the Commission completes any necessary notice-
and-comment rulemaking proceedings and applies agency expertise to
ensure that any standards adopted are sound and appropriate, the
Commission need only update the references to the standards in its
rules.
The following standards have previously been approved for IBR as
specified in 47 CFR 73.8000: (i) ATSC A/52; (ii) ATSC A/53; Parts 1-4
and 6: 2007; (iii) ATSC A/53 Part 5: 2010; (iv) ATSC A/65C; (v) ATSC A/
85:2013; (vi) ATSC A/321:2016; (vii) ATSC A/322:2017; and (viii) OET
Bulletin No. 69: ``Longley-Rice Methodology for Evaluating TV Coverage
and Interference'' (February 6, 2004); IBR approved for 47 CFR 73.616.
Background
The Commission proposes to adopt revisions to rules in part 0, part
27, subparts E, H, I, J, and L of part 73, and certain parts of parts
74 and 90 in light of the fact that all television services have ceased
analog operations. Given the conversion from analog to digital
television technology, we propose to eliminate entire rules and
portions of rules that provide for analog-to-analog
[[Page 8637]]
and analog-to-digital interference protection requirements and other
analog operating requirements. We similarly propose to amend section
headings and language in rules to remove references to DTV, digital,
and analog television service, as these distinctions are no longer
necessary. We also propose to delete outdated rules that are no longer
valid given changes in Commission-adopted policy, such as the
elimination of the comparative hearing process to award and renew
broadcast licenses. We also propose to adopt other non-substantive,
technical revisions as set forth in Appendix A and further described
below, for example, to update previously-adopted station license
periods and to delete obsolete rules governing the post-incentive
auction transition period. We also propose to update our rules to
reference the current designation for form numbers (e.g., FCC Form
2100) and by requiring electronic filing in the Commission's Licensing
and Management System (LMS). We also propose to make corrections or
updates, inter alia, to section headings, spelling, contact
information, and rule cross-references, or to language inadvertently
omitted from a rule.
Deletion of Obsolete Rules and Language Recognizing the Full Power and
Class A Digital Transition
Full power television stations were required to terminate all
analog operations no later than June 12, 2009 and Class A stations
September 1, 2015. Accordingly, we propose to eliminate entire rules,
and portions of rules, that provide for analog-to-analog and analog-to-
digital interference protection requirements and other analog operating
requirements from subpart E (Television Broadcast Stations), subpart H
(Rules Applicable to All Broadcast Stations), subpart I (Procedures for
Competitive Bidding and for Applications for Noncommercial Educational
Broadcast Stations on Non-Reserved Channels), and subpart J (Class A
Televisions Broadcast Stations). The rules we propose to amend are
related to analog operations (i.e., rules that reference ``NTSC,''
``analog'' (see 47 CFR 73.622(d)(1) (Digital television table of
allotments) (removing text of this rule that refers to analog
stations); 73.623(d) (removing analog technical references and
reformatting remaining digital technical references into (d)(2)(i)-(iv)
and (h) (DTV applications and changes to DTV allotments); 73.624(b) and
(c)(3) (Digital television broadcast stations) (removing text of this
rule that refers to analog stations); 73.683(d) (Field strength
contours and presumptive determination of field strength at individual
locations) (removing text of this rule that refers to analog stations);
and 73.686(d) (Field strength measurements) (removing text of this rule
that refers to analog stations). In addition, regarding Sec.
73.5000(a) (Services subject to competitive bidding), we propose to
delete the word ``analog'' where it is appears in the rule because
there is no need to differentiate between analog and digital television
services.), Grade A, Grade B, city grade contours, or F(50,50) curves
(see 47 CFR 73.683(a)-(b) (Field strength contours and presumptive
determination of field strength at individual locations);
73.1675(a)(1)(iii) (Auxiliary antennas) (delete analog contour and
replace with digital noise limited contour); 73.5007(b)(2)(iii) and
(b)(3)(iv) (Designated entity provisions); 73.6000 (Definitions); and
73.6010(b) (Class A TV station protected contour). The one exception is
47 CFR 73.626(f)(2)(i) (DTV distributed transmission systems), which
states that the F(50,50) service contour of a DTS transmitter shall not
extend beyond that of its reference facility, which will be retained.
We separately propose to add text in 47 CFR 73.683(a) (Field strength
contours and presumptive determination of field strength at individual
locations) to provide guidance for those reviewing the cross-reference
to this section found in 47 CFR 90.307(b) (Protection criteria)), with
the corresponding digital contours defined in Sec. Sec. 73.625(a),
73.622(e), 73.6010, and/or 74.792. As part of our reorganization of
subpart E, we note that we propose to relocate 47 CFR 73.625(a)
(Transmitter location) and 73.622(e) (DTV Service Areas) to new 47 CFR
73.618 and 73.619(c), respectively. We are not proposing to move Sec.
73.6010 or Sec. 74.792 as part of the reorganization. We note that
NTSC is an abbreviation for the National Television Standards
Committee, an association of engineers and scientists interested in the
development of television in the analog era, many of which were
employees of companies engaged in the manufacturing of television
equipment, that developed the black and white and subsequently color
television systems used in the United States. See generally Amendment
of the Commission's Rules Governing Color Television Transmissions,
Docket No. 10637, Report and Order, 41 F.C.C. 658 (1953). We also
propose to amend rules that reference peak power, visual or aural
carriers, or carrier frequencies because these are technical
engineering terms related to analog television and the rules are
related to analog television operations (see 47 CFR 73.653 (Operation
of TV aural and visual transmitters); 73.664(a)-(c) (Determining
operating power); 73.665 (Use of TV aural baseband subcarriers); 73.667
(TV subsidiary communications services); 73.669 (TV stereophonic aural
and multiplex subcarrier operation); 73.681 (Definitions) (we propose
to delete the following definitions relating to analog operations:
``Aural center frequency;'' ``Aural transmitter;'' ``Baseband;''
``Frequency departure;'' ``Frequency deviation;'' ``Frequency swing;''
``Main channel;'' ``Multiplex Transmission (Aural);'' ``Peak power;''
``Visual transmitter power''); 73.682(c) (TV transmission standards);
73.687(a), (b), (c) introductory text, (c)(1), and (e)(2) (Transmission
system requirements); 73.688(a) (Indicating instruments); 73.691
(Visual modulation monitoring); 73.699 (TV engineering charts) Figure12
(Figure 12 is referenced only by 73.687(b), which we propose to
delete); 73.1350(f)(3) (Transmission system operation); 73.1540(a)
(Carrier frequency measurements); 73.1545(c), (e), and Note to (e)
(Carrier frequency departure tolerances); 73.1560 (c)(1)-(2) (Operating
power and mode tolerances); 73.1570 (updating section heading) and
(b)(3) (Modulation levels: AM, FM, TV and Class A TV aural);
73.1635(a)(5) (Special temporary authorizations (STA)); and 73.6024(c)
(Transmission standards and system requirements). We note that 47 CFR
73.653 was raised in the ``FM6'' proceeding (In the Matter of
Amendments of Parts 73 and 74 of the Commission's Rules for Digital Low
Power Television and Television Translator Stations, MB Docket No. 03-
185, Fifth Notice of Proposed Rulemaking (rel. June 7, 2022), 87 FR
36440 (rel. June 17, 2022), and should dependence on this rule be
required in that proceeding, we would intend to add a separate rule
specific to FM6 stations rather than retain this generally-applicable
but clearly outdated rule)) and digital TV signals do not have specific
visual or aural carriers. See generally 47 CFR 73.682(d) (Digital
broadcast television transmission standard); see also 47 CFR 73.8000
(Incorporation by reference) (each of the several standards listed in
the rule relate to DTV). We similarly propose to amend rules and
figures which reference the vertical blanking interval, stereophonic
sound transmission, modulation, subcarriers of any kind, components of
the picture such as chrominance or color, or the sound or picture
itself beyond the lines of resolution. These references are technical
engineering terms related to analog television
[[Page 8638]]
operations since they are related to the picture derived from an analog
visual carrier or the sound derived from an analog aural carrier. See
47 CFR 73.621(g) (Noncommercial educational TV stations--referencing
Telecommunications Service on the Vertical Blanking Interval and in the
Visual Signal); 73.646 (Telecommunications Service on the Vertical
Blanking Interval and in the Visual Signal); 73.681 (Definitions)
(proposing to delete definitions and the Note for ``Amplitude
modulation (AM);'' ``BTSC;'' ``Blanking level;'' ``Chrominance;''
``Chrominance subcarrier;'' ``Color transmission;'' ``Field;''
``Frame;'' ``Frequency modulation (FM);'' ``IRE standard scale;''
``Luminance;'' ``Monochrome transmission;'' ``Multichannel Television
Sound (MTS);'' ``Negative transmission;'' ``Percentage modulation;''
``Pilot subcarrier;'' ``Program related data signal;'' ``Reference
black level;'' ``Reference white level of the luminance signal;''
``Scanning;'' ``Scanning line;'' ``Visual carrier frequency;'' ``Visual
transmitter''); 73.699 (TV engineering charts) (Figures 5, 5(a), 6, 7,
8, 13, 14, 15, 16, and 17); 73.1207(b)(2) (Rebroadcasts--referencing
multiplex subcarrier or telecommunications service on the vertical
blanking interval); and 73.1590(a)(5) (``TV stereophonic or subcarrier
transmission equipment''), (c)(1), and (c)(3) (Equipment performance
measurements). Section 73.699, Figure 11 (Assumed Ideal Detector
Output) is no longer referenced anywhere else in the rules, and appears
to have been inadvertently overlooked during a 1984 rule modification
which deleted the sole reference to it from Sec. 73.687(a) (see 49 FR
48305, 48312 (Dec. 12, 1984)), and we thus propose to delete it. While
47 CFR 73.621(h) (Noncommercial educational TV stations), which refers
to the transmission of non-program related data service on ``Line 21,''
does not specifically use the term ``visual blanking interval,'' ``Line
21'' refers to part of the vertical blanking interval, and thus we
propose to delete it. To the extent such analog rules are superseded by
related requirements for digital operations, the digital rules are
found in the digital broadcast television standard documents
incorporated by reference in Sec. 73.682(d). In addition, a number of
rules we propose to amend have a digital equivalent elsewhere in the
rules. See Sec. 73.613 (Protection of Class A TV stations) relates to
analog because Class A protections for digital stations are in Sec.
73.616(e), which we are proposing to move to Sec. 73.620(d). Sections
73.682(a)(2)-(13) and (15)-(24) (TV transmission standards) are
replaced by Sec. 73.682(d). Section 73.684 (Prediction of coverage) is
in Sec. 73.625 (DTV coverage of principal community and antenna
system), some of which we are proposing to move into other rule parts
in the proposed reorganization of our rules; reference in Sec. 73.681
updated accordingly. The digital equivalent of Sec. 73.685(a)-(c)
(Transmitter location and antenna system) is found in Sec.
73.625(a)(1)-(3). The digital equivalent of Sec. 73.685(f)
(Transmitter location and antenna system) is contained in 73.625(c)(3),
which applies also to Sec. Sec. 73.1690(b)(3) and (c)(3) (Modification
of transmission systems). The digital equivalent of Sec. 73.687(e)(1)
(Transmission system requirements) is replaced by Sec. 73.622(h),
which we are proposing to move to Sec. 73.611. The digital equivalent
of Sec. 73.698 (Tables) is replaced by Sec. 73.623(d)(2), which we
are proposing to move to Sec. 73.622(k). Section 73.3550(b) (Requests
for new or modified call sign assignments) has a reference to Sec.
74.783(d), but Sec. 74.791(a) is the equivalent digital rule.
Accordingly, we are proposing to replace the reference to 74.783(d)
with 74.791(a). The digital equivalent of Sec. 73.3572(a)(4)
(Processing of TV broadcast, Class A TV broadcast, low power TV, TV
translators, and TV booster applications) is replaced by Sec.
74.787(a)(4). The digital equivalent of Sec. 73.6012 (Protection of
Class A TV, low power TV and TV translator stations) is found in
Sec. Sec. 73.6017 and 73.6019. The digital equivalent of Sec. 73.6013
(Protection of DTV stations) is found in Sec. 73.6018 (Digital Class A
TV station protection of DTV stations). The digital equivalent of Sec.
73.6014 (Protection of digital Class A TV stations) is found in Sec.
73.6017. For all of these cases, we propose to either modify the analog
reference to specify a digital equivalent, or delete the analog-related
rule entirely. We seek comment on these proposals.
We also propose to amend rule section headings and rules in subpart
E, subpart H, and subpart J, to remove references to DTV and digital
television service since all television services have transitioned from
analog to digital operations and thus, there is no further need to
differentiate between two separate kinds of service. For subpart E, see
47 CFR 73.616(a)-(e) and (g) (Post-transition DTV station interference
protection); 73.621(j) (Noncommercial educational TV stations);
73.622(a) introductory text and (a)(2) (also delete reference to out-
of-core-channels), (c)(1), (e)(1), (f)(6), (f)(7), (f)(8) (also delete
references to out-of-core channels) (Digital television table of
allotments); 73.623 (updating section heading), (a)-(f) and (h); (DTV
applications and changes to DTV allotments); 73.624 (updating section
heading), (a)-(c) and (g) (Digital television broadcast stations);
73.625 (updating section heading), (a)(1), (b)(1), (b)(3), (c)(4)(i)-
(ii) (DTV coverage of principle community and antenna system); 73.626
(updating section heading), (a), (c)(1), (e), (f)(2), (f)(6) (DTV
distributed transmission systems); 73.686(e) (Field strength
measurements). For subpart H, see 47 CFR 73.1201(b)(1) (Station
identification). And for subpart J, see 47 CFR 73.6010(c) and (d)
(Class A TV station protection contour); 73.6017 (Digital Class A TV
station protection of Class A TV and digital Class A TV stations);
73.6018 (Digital Class A TV station protection of DTV stations);
73.6019 (Digital Class A TV protection of low power TV, TV translator,
digital low power TV and digital TV translator stations); 73.6022(a)
(Negotiated interference and relocations agreements); 73.6020
(Protection of stations in the land mobile radio service); 73.6023
(Distributed transmission systems); and 73.6024(d) (Transmission
standards and system requirements). We also propose to amend Sec.
73.6024(d) (Transmission standards and system requirements) to require
stations in the Mexican border zone to specify a full-service emission
mask in any modification applications requiring coordination. We also
propose to eliminate provisions of rules and amend section headings and
language that are obsolete due to the conversion from analog to digital
television technology, including references to the analog television
booster service in subpart E and subpart H, since these services were
not carried over into digital operations. See Part 74 Order at para. 6
and n.24. For subpart E, see 47 CFR 73.622(d)(1)-(2), Note to (e)(2),
(e)(3), (f)(5), (f)(6), (f)(7), and (f)(8) (Digital television table of
allotments); 73.623(a)-(b), (c)(2), (c)(3), (c)(5), (d), and (h) (DTV
applications and changes to DTV allotments); 73.624(a), (b)(1)-(2),
(d)-(f) (refer to pre-DTV transition procedures) (Digital television
broadcast stations); and 73.626(c)(2) (DTV distributed transmission
systems). Section 73.622(c)(2) states that an application may be filed
for a channel or community not specified in the DTV Table of Allotments
(formerly Sec. 73.622(b)) if it is consistent with the rules and
policies established in Service Rules for the 746-764 and 776-794 MHz
[[Page 8639]]
Bands, and Revisions to Part 27 of the Commission's Rules, WT Docket
No. 99-168, Third Report and Order, 16 FCC Rcd 2703, 2717-18, paras.
34-36 (2001) (stating that the Commission would allow stations on
channels 59 through 69 to enter into voluntary agreements to
temporarily relocate to channels 52 through 58). Because Sec.
73.622(b) has been deleted and channels 52 through 58 reallocated for
non-broadcast use, we propose to delete this section of the rule.
Similarly, we propose to delete the last five sentences of Sec.
73.622(c)(1), which discuss procedures for filing applications for
channel changes made in the deleted paragraph (b), DTV Table of
Allotments, citing the MO&O on Reconsideration of the Sixth R&O, 13 FCC
Rcd 7418, (1998), and analog channel swaps. For subpart H, see 47 CFR
73.1001(c) (Scope); 73.3521 (Mutually exclusive applications for low
power television, television translators and television booster
stations); 73.3525 (Note) (Agreements for removing application
conflicts); 73.3533(a)(5) (Application for construction permit or
modification of construction permit); 73.3584(a), (c) (Procedure for
filing petitions to deny); 73.3572 (section heading, (a)(2), (c) and
(f)-(g)) (Processing of TV broadcast, Class A TV broadcast, low power
TV, TV translators, and TV booster applications); and 73.3598(a)
introductory text (Period of construction). We propose to amend Sec.
73.6026 (Broadcast regulations applicable to Class A television
stations) to remove references to analog-only rules applicable to Class
A television stations, consistent with proposals above. See 47 CFR
73.6026 (delete reference to Sec. 73.635 (Use of common antenna site);
73.646 (Telecommunications Service on the Vertical Blanking Interval
and in the Visual Signal); 73.653 (Operation of TV aural and visual
transmitters); 73.665 (Use of TV aural baseband subcarriers); 73.667
(TV subsidiary communications services); 73.669 (TV stereophonic aural
and multiplex subcarrier operation); and 73.691 (Visual modulation
monitoring). As discussed infra, we propose to delete the rules related
to the Subscription Television Service as unnecessary and no longer in
use, and amend 47 CFR 73.664 (Determining operating power), to remove
references to measurement techniques we believe no longer have any use
in the processing of applications to determine interference to other
stations or previously filed applications. We seek comment on these
proposals.
We also propose to remove from certain part 74 rules inadvertent
references to DTV and digital television service, overlooked in the
Part 74 Order, since, with rare exception, all part 74 television
services have transitioned from analog to digital operations and thus,
there is no further need to differentiate between two separate kinds of
service. See 47 CFR 74.792(b) (Low power TV and TV translator station
protected contour); 74.793(e), (g)-(h) (Low power TV and TV translator
station protection of broadcast stations); and 74.794 (section heading,
paragraph (b) introductory text, (b)(1), and (b)(2) (Digital
emissions). We also propose to delete the second sentence in 47 CFR
74.793(b) (Low power TV and TV translator station protection of
broadcast stations), given the fact that we propose to delete the
analog threshold interference levels in 47 CFR 73.623(c)(2) (DTV
applications and changes to DTV allotments) and therefore there is no
need to distinguish digital operations. We note that a small number of
TV translator stations licensed to the State of Alaska (the Alaska
translator stations) remain operating in analog pursuant to a
Commission waiver of the analog termination date. See State of Alaska--
Request for Waiver of Section 74.731(m) of the Commission's Rules, 36
FCC Rcd 10765 (2021); see also Letter to State of Alaska from Barbara
A. Kreisman, Chief, Video Division (Jan. 26, 2022), a copy of which is
available at LMS File Nos. 0000179529, 0000179531, 0000179528,
0000179535, 0000179536, 0000179527, 0000179526, 0000179534, and
0000179533; see also Letter to State of Alaska from Barbara A.
Kreisman, Chief, Video Division (July 15, 2022), a copy of which is
available at LMS File Nos. 0000194718, 0000194713, 0000194714,
0000194717, 0000194716, 0000194712, and 0000194715 (extending the
tolling through October 3, 2022). We understand the licensee of these
translator stations is actively transitioning and anticipates
terminating analog service in the near future. In the event any of the
Alaska translator stations have not completed their digital transition
by the effective date of these rule changes discussed herein, we direct
the Media Bureau to follow appropriate procedures to impose any
necessary conditions on the station's authorization to continue analog
operations.
We also propose to remove references to an element of the Table of
Allotments that has been previously updated. Applicants for full power
digital broadcast stations may only apply to construct on channels
designated in a codified Table of Allotments and only in the
communities listed therein. See 47 CFR 73.622(c)(1). To accommodate the
analog to digital television transition, the Commission adopted Sec.
73.622(b) (DTV Table of Allotments) in 1997 to allot a paired DTV
channel to each analog television licensee and permittee. See 47 CFR
73.622(b) (2018) (DTV Table of Allotments); Advanced Television Systems
and Their Impact Upon the Existing Television Broadcast Service, MM
Docket No. 87-268, Sixth Report and Order, 12 FCC Rcd 14588 (1997)
(Sixth Report and Order), Memorandum Opinion and Order on
Reconsideration of the Sixth Report and Order, 13 FCC Rcd 7418 (1998)
(MO&O on Reconsideration of the Sixth R&O). The Commission later
deleted Sec. 73.622(b), as well as the analog TV Table of Allotments
previously found in Sec. 73.606, when it adopted Sec. 73.622(i)
(Post-Transition Table of Allotment). See 47 CFR 73.622(i); Amendment
of Parts 27, 54, 73, 74, and 76 of the Commission's Rules to Delete
Rules Made Obsolete by the Digital Television Transition, MB Docket No.
17-105, Order, 33 FCC Rcd 863 (2018). The rules, however, continue to
refer to ``Appendix B,'' which specified the service area that must be
protected for each channel allotted in Sec. 73.622(b) during most of
the transition period, and set forth the maximum effective radiated
power (ERP) and antenna height above average terrain (HAAT) for each
allotment in the ``initial'' DTV table, i.e., Sec. 73.622(b). We
therefore propose to remove references to ``Appendix B'' in our rules.
Appendix B, and a description of its use and contents, is in the Sixth
Report and Order, 12 FCC Rcd at 14693-754. Corrections were made to
Table 2 of Appendix B in the MO&O on Reconsideration. We note that
Sec. 73.622(f)(3)(i) and (ii) both refer to policies specific to
Appendix B, and thus propose to delete them. We seek comment on these
proposals.
We propose to amend Sec. 73.612 to remove references to distance
separations, which outside of new allotment proceedings are not used in
digital TV. See 47 CFR 73.612(a)-(b) and Note (Protection from
interference). This rule is obsolete, as TV stations are now protected
using OET Bulletin No. 69. See 47 CFR 73.616(d) (Post-transition DTV
station interference protection). We propose to delete Sec. 73.615
because the Commission staff's current practice provides additional
precision beyond what the text of the current rule requires since the
staff now issues authorizations
[[Page 8640]]
based on the more precise kW value as opposed to dBk and does not round
HAAT values as described in this rule. See 47 CFR 73.615
(Administrative changes in authorizations). For example, a station
authorized at 30 dBk (decibels above 1 kW) would operate at 1000 kW,
while a station at 29.9 dBk consistent with the current rule would
operate at approximately 977 kW. The Media Bureau (Bureau), however,
authorizes stations today based on kW, allowing a station to be
authorized at an intermediate value such as 990 kW. The Bureau's
current practice therefore provides more precision. For the same
reason, we propose to remove the dBk reference in Sec. 73.614(a)
(Power and antenna height requirements). We propose to delete Sec.
73.622(g)(2), which pertains to protection of analog TV signals by an
upper-adjacent digital signal. See Advanced Television Systems and
Their Impact Upon the Existing Television Broadcast Service, MM Docket
No. 87-268, Memorandum Opinion and Order on Reconsideration of the
Sixth Report and Order, 13 FCC Rcd 7418, 7467, para. 120 (1998). We
propose to delete Sec. 73.1620(f) (Program tests) since it refers to a
policy of allowing 1000 watt UHF translators on vacant allotments, a
policy which was ended prior to 1984 (see Low Power Television and
Television Translator Service, MM Docket No. 83-1350, Report and Order,
102 F.C.C.2d 295, 311 (1984) (indicating that Sec. 73.3516(c) should
have been modified at the time when LPTV rules were adopted, which is
the rule part that 73.1620(f) refers to), and to delete from Sec.
73.6024(b) (Transmission standards and system requirements) a reference
to Sec. 74.736, as that section was recently eliminated by the
Commission in the Part 74 Order. See Part 74 Order. We also propose to
delete Sec. Sec. 73.685(g) (Transmitter location and antenna system)
and 73.6025(b) (Antenna system and station location) because these
rules were adopted many decades ago for the analog era and are not
relevant to or used in the digital environment. See 28 FR 13572, 13678-
79 (rel. Dec. 14, 1963) (Sec. 73.685 (1963)). We seek comment on these
proposals.
Updates and Corrections to the Full Power and Class A Rules
We also propose to make other updates and corrections to the full
power and Class A rules. We propose to update the reference to the 2000
census population data found in Sec. 73.616(d)(1) to reflect a
reference to the most recent official decennial U.S. Census population
data, which conforms paragraph (d)(1) to the language in Sec.
73.616(e)(1). See 47 CFR 73.616(d)(1) (Post-transition DTV station
interference protection). This language was inadvertently not included
in paragraph (d)(1). See Authorizing Permissive Use of the ``Next
Generation'' Broadcast Television Standard, GN Docket No. 16-142,
Notice of Proposed Rulemaking, 32 FCC Rcd 1670, 1696-97, para. 59
(2017) (in proposing to adopt Sec. 73.616(e)(1), the Commission stated
that ``[w]e propose to update the Commission's rules regarding
acceptable levels for interference resulting from a broadcaster's
application for new or modified facilities''); Authorizing Permissive
Use of the ``Next Generation'' Broadcast Television Standard, GN Docket
No. 16-142, Report and Order and Further Notice of Proposed Rulemaking,
32 FCC Rcd 9930, 9986-88, para. 114 (2017) (in adopting the rule, the
Commission stated that ``[a]fter the repacking process is complete, any
broadcast television service or interference calculations will be based
on the 2010 U.S. Census statistics, until after 2020, when the next
U.S. Census statistics are scheduled to become available and the Media
Bureau subsequently announces the date of application of such data'').
We also propose to make a similar revision in 47 CFR 73.686(c)(1)(i) to
conform the rule to 47 CFR 73.616. As part of our reorganization, we
propose to relocate Sec. 73.616(d) (Post-transition DTV station
interference protection) into a new Sec. 73.620. We propose to amend
references to the ``Table of Allotments'' in Sec. 73.622(j) to the
``Table of TV Allotments'' in all places where it is referenced in
subpart E (see 47 CFR 73.622 (section heading and (a)) (Digital
television table of allotments); 73.623(d), (f), and (h) (DTV
applications and changes to DTV allotments)) and in subpart H, for
continuity. See 47 CFR 73.1015 (Truthful written statements and
responses to Commission inquiries and correspondence). We also propose
to update the reference to FM Table of Allotments to ``Table of FM
Allotments'' in 47 CFR 73.1015 to reflect the name of the table in 47
CFR 73.202(b). We propose to amend Sec. 73.622(j) to reflect a channel
substitution previously adopted upon notice and comment rulemaking that
was adopted shortly before the current version of the Table of TV
Allotments was adopted. On June 12, 2021, the Media Bureau issued a
Notice of Proposed Rulemaking in response to a petition filed by KTUL
Licensee, LLC, the licensee of KTUL, Tulsa, Oklahoma, requesting the
substitution of channel 14 for channel 10 at Tulsa in Sec. 73.622(i),
the DTV Table of Allotments. Amendment of Section 73.622(i), Post-
Transition Table of DTV Allotments, Television Broadcast Stations
(Tulsa, Oklahoma), MB Docket No. 21-9, Notice of Proposed Rulemaking,
36 FCC Rcd 157 (Vid. Div. 2021) (Tulsa NPRM). In the Tulsa NPRM, the
Bureau noted that the Commission had completed the incentive auction
and broadcast television spectrum repacking authorized by the Spectrum
Act and that the Bureau would amend the rules to reflect all new full
power channel assignments in a revised Table of Allotments. Because the
Table had not yet been amended, however, the Bureau continued to refer
to Sec. 73.622(i) for the purpose of the Tulsa proceeding. Id. at 157,
n.1. The Bureau adopted a Report and Order amending Sec. 73.622(i) to
substitute channel 14 at Tulsa, Amendment of Section 73.622(i), Post-
Transition Table of DTV Allotments, Television Broadcast Stations
(Tulsa, Oklahoma), MB Docket No. 21-9, Report and Order, DA 21-1161
(rel. Sept. 16, 2021), and shortly thereafter the Commission adopted
the Table of TV Allotments, which superseded Sec. 73.622(i). October
2021 Order at para. 8. The amendment to Sec. 73.622(j) reflects this
channel substitution. We propose to amend certain rules in subpart E to
add common abbreviations used elsewhere in the Commission's rules and
forms. See, e.g., 47 CFR 73.614(a) (adding abbreviations for ``ERP''
and ``HAAT'') (Power and antenna height requirements); and 73.625(a)(1)
(adding abbreviations for ``ERP'' and ``HAAT'') (DTV coverage of
principal community and antenna system). We propose to amend certain
rules in subpart H and subpart I to provide full power and Class A
licensees and permittees with accurate information about current
Commission forms and filing procedures, including the removal of
obsolete forms. See 47 CFR 73.1250(e) (Broadcasting emergency
information); 73.1350(h) (Transmission system operation); 73.1560(a)(1)
and (d) (Operating power and mode tolerances); 73.1615(c) (Operation
during modification of facilities); 73.1620(a)(1)-(3) (Program tests);
73.1635(a)(2)-(3) (Special temporary authorizations (STA)); 73.1675(b)
(Auxiliary antennas); 73.1690(b) and (c)(3) (Modification of
transmission systems); 73.1740(a)(4) (Minimum operating schedule);
73.1750 (Discontinuance of operation); 73.2080(c)(6) and (f) (deleting
the references to obsolete Form 397 and updated the names of forms)
(Equal employment opportunities (EEO)); 73.3500 (Application and report
forms); 73.3533(a)(1) and (a)(4)-(a)(7)
[[Page 8641]]
(Application for construction permit or modification of construction
permit); 73.3536(b)-(c) (Application for license to cover construction
permit); 73.3540(c)-(f) (Application for voluntary assignment or
transfer of control); 73.3541(b) (Application for involuntary
assignment of license or transfer of control); 73.3544(b)-(c)
(Application to obtain a modified station license); 73.3578(b)
(Amendments to applications for renewal, assignment or transfer of
control); 73.3587 (Procedure for filing informal objections); 73.3549
(Requests for extension of time to operate without required monitors,
indicating instruments, and EAS encoders and decoders); 73.3550(a) and
(j) (also adding ``-DT'' suffix in (a), (f), (k), and (m) (Requests for
new or modified call sign assignments). The Commission has acknowledged
the use of the ``-DT'' suffix in prior rulemakings. In 2004, the
Commission permitted stations simulcasting their analog programming on
their digital channel to make station identification announcements
simultaneously for both stations as long as the identification included
both call signs ``(e.g., ``WXXX-TV and WXXX-DT'').'' See Second
Periodic Review of the Commission's Rules and Polices Affecting the
Conversion to Digital Television, MB Docket No. 03-15, Report and
Order, 19 FCC Rcd 18279, 18355, para. 173 (2004) (subsequent citations
omitted) (Second Periodic Review); see also Digital Transition Call
Sign Procedures, Public Notice, 24 FCC Rcd 7617 (MB 2009). We also
propose to update 47 CFR 73.3598(c) (Period of construction);
73.5005(a) (Filing of long-form applications); and 73.5006(b) (Filing
of petitions to deny against long-form applications). We note that the
numbering of our forms has changed with the transition of the
Commission's broadcast licensing database from the Consolidated
Database System (CDBS) to the Licensing and Management System (LMS).
We propose to update Sec. 73.1030 to reflect updated contact
information for the National Radio Astronomy Observatory site and the
Radio Frequency Management Coordinator. See 47 CFR 73.1030(a)(1) and
(b)(2) (Notifications concerning interference to radio astronomy,
research and receiving installations). We propose to delete Sec.
73.682(a)(1) as duplicative of Sec. 73.624(a) and thus, unnecessary.
See 47 CFR 73.682(a)(1) (TV transmission standards) and 47 CFR
73.624(a) (Digital television broadcast stations) (both noting the
width of a television channel is 6 MHz). We seek comment on these
proposals.
We also propose to make amendments to correct typographical errors
in words and cross-references that contain incorrect rule citations. 47
CFR 73.616(e)(1) (Post-transition DTV station interference protection);
73.622(c)(1) (Digital television table of allotments);
73.623(c)(5)(iii), (d)(1), (d)(4) (DTV applications and changes to DTV
allotments); 73.624(g) (Digital television broadcast stations);
73.625(c)(5) (cites to 73.622(f)(4) which is irrelevant to electrical
beam tilt) (DTV coverage of principal community and antenna system);
73.626(c)(2) (DTV distributed transmission systems); 73.681 (definition
for ``Antenna height above average terrain'' corrected to update rule
cross-reference) (Definitions); 73.682(d) (TV transmission standards);
73.683(c)(3) (Field strength contours and presumptive determination of
field strength at individual locations); 73.1217 (Broadcast hoaxes);
73.1250 (Broadcasting emergency information); 73.1615(b)(3) (Operation
during modification of facilities); 73.1690(b)(3) and (c)(3)
(Modification of transmission systems); 73.3550(b) and (i) (Requests
for new or modified call sign assignments); 73.5007(b)(3)(v)
(Designated entity provisions); 73.3578(b) (Amendments to applications
for renewal, assignment or transfer of control); 73.6018 (Digital Class
A TV station protection of DTV stations); 74.793(g) (Low power TV and
TV translator station protection of broadcast stations); and 73.4060(a)
(Citizens agreements). We propose to delete repetitive language within
a rule. See 47 CFR 73.623(e) (DTV applications and changes to DTV
allotments). We also propose to revise Sec. 73.682(d) to break the
existing paragraph into paragraphs, without altering its content, in
order to make the paragraph more accessible to licensees and the
public. See proposed 47 CFR 73.682(d)(1)-(4) (TV transmission
standards). We also propose to remove citations to sections of the
Communications Act in proposed Sec. 73.682(d)(3)(ii) relating to the
organization and functions of the Commission that we believe were
inadvertently included in the rule, as well as the physical address of
ATSC in favor of solely providing an updated web address (<a href="https://www.atsc.org/documents/atsc-1-0-standards/">https://www.atsc.org/documents/atsc-1-0-standards/</a>). We also propose to update
the physical address of ATSC in 47 CFR 73.8000 (Incorporation by
reference). In addition, we propose to eliminate notes to rules and
shift the language into the text of the relevant rule to conform to the
publishing conventions of the Administrative Committee of the Federal
Register. See 47 CFR 73.682 (TV transmission standards); 73.1216
(Licensee-conducted contests); 73.1217 (Broadcast hoaxes); and 73.3525
(Agreements for removing application conflicts). We seek comment on
these proposals.
We propose to delete Sec. 73.685(e) (Transmitter location and
antenna system) because it is redundant with Sec. 73.625(c)(2)
(antenna system), and contains certain requirements regarding
directional antennas which are no longer in use. We propose to delete
Sec. 73.622(f)(2) as obsolete, since all applications are now
evaluated for interference using OET Bulletin No. 69. See 47 CFR
73.622(f)(2) (Digital television table of allotments). See also 47 CFR
73.616(d) (Post-transition DTV station interference protection), which
requires applications to pass an analysis with OET Bulletin No. 69. We
also propose to delete Sec. 73.6027 as duplicative and unnecessary.
That rule provides that Class A television station must comply with
Sec. 73.1030 of the rules. See 47 CFR 73.6027 (Class A TV
notifications concerning interference to radio astronomy, research and
receiving installations). Section 73.1030, however, is already
applicable to Class A stations. See 47 CFR 73.1030 (Notifications
concerning interference to radio astronomy, research and receiving
installations). Class A licensees are required to comply with all part
73 regulations except for those that cannot apply for technical or
other reasons. Establishment of a Class A Television Service, MM Docket
No. 00-10, Report and Order, 15 FCC Rcd 6355, 6365, para. 23 (2000)
(Class A Report and Order). We also propose to place a reference to
Sec. 73.1030 in Sec. 73.6026 (Broadcast regulations applicable to
Class A television stations), which lists rules that apply to Class A
by reference. We similarly propose to delete the last sentence of
73.6020 (Protection of stations in the land mobile radio service) with
respect to land mobile radio service (LMRS) operations on channel 16 in
New York, as it is duplicative of the reference to Sec. 74.709 in the
first sentence of 73.6020, since Sec. 74.709 requires protection of
channel 16 in New York. We also propose to streamline Sec. 73.6000 by
amending the rule, after deleting the analog content, to simplify and
shorten the language without further altering the meaning or content.
See 47 CFR 73.6000 (Definitions--because we propose to delete paragraph
(1) supra, we propose to delete the number (2), but retain the
[[Page 8642]]
text). We seek comment on these proposals.
We also seek to add an explanatory note to Sec. 73.623 to
reference and explain the existence of a granted waiver with respect to
the community of Los Angeles, California. See 47 CFR 73.623 (DTV
applications and changes to DTV allotments). A similar explanatory note
was added to Sec. 74.709 in the Commission's Part 74 Order at para. 8.
Section 73.623 requires television stations to protect certain channels
for use by LMRS in thirteen U.S. cities listed in the rule. In 2008,
the Commission's Public Safety and Homeland Security Bureau (PSHSB)
granted a waiver pursuant to Sec. 337(c) of the Communications Act, as
amended, allowing the County of Los Angeles to use channel 15 in Los
Angeles for public safety communications. See Request for Waiver of the
Commission's Rules to Authorize Public Safety Communications in the
476-482 MHz Band (County of Los Angeles, California), Order, 23 FCC Rcd
18389 (PSHSB 2008). Because this channel is adjacent to two channels
contained in Sec. 73.623, we believe the public interest is served by
including a note explaining the existence of the 2008 waiver. We seek
comment on these proposals.
Post-Incentive Auction Licensing and Operation (Sec. 73.3700)
Section 73.3700(a)(2) includes licensing and procedural rules for
television stations during the post-incentive auction transition. The
incentive auction closed on April 13, 2017 (Incentive Auction Closing
and Channel Reassignment Public Notice: The Broadcast Television
Incentive Auction Closes; Reverse Auction and Forward Auction Results
Announced; Final Television Band Channel Assignments Announced; Post-
Auction Deadlines Announced, GN Docket No. 12-268, Public Notice, 32
FCC Rcd 2786 (WTB/MB 2017) (Channel Reassignment Public Notice), and
thus, we propose to amend Sec. 73.3700(a)(2) to add the citation to
the Channel Reassignment Public Notice that was released by the
Commission's Media and Wireless Telecommunications Bureaus and
Incentive Auction Task Force announcing the completion of the auction
and deadlines for stations assigned new channels through the repacking
process to terminate operations on pre-auction channels. See 47 CFR
73.3700(a) (Definitions), and (a)(2) (Channel reassignment public
notice). We also propose to delete as obsolete certain definitions that
relate to the bid options that were available to full power and Class A
television broadcasters eligible to participate in the incentive
auction that closed on April 13, 2017. See 47 CFR 73.3700(a)
(Definitions), (6) (High-VHF-to-Low-VHF station), (7) (License
relinquishment station), and (17) (UHF-to-VHF station). We also propose
to delete as obsolete procedural rules that governed the post-incentive
auction period for stations to transition off their pre-auction
channel, which ended on July 13, 2020, including the portions of the
rule pertaining to the special post-incentive auction displacement
filing window which closed on June 1, 2018 and applied to low power
television and television translator stations displaced by the auction.
See 47 CFR 73.3700(b) (Post-auction licensing), (c) (Consumer education
for transitioning stations), (d) (Notice to MVPDs), and (g) (Low Power
TV and TV translator stations).We retain those portions of the rule
pertaining to the small number of stations that are still engaged in
constructing final facilities on their post-auction channel assignments
and to the TV Broadcaster Relocation Fund. See 47 U.S.C. 1452(j)(1)(A)-
(B); see also Incentive Auction Task Force and Media Bureau Report on
the Status of the Post-Incentive Auction Transition and Reimbursement
Program; Announce a Further Allocation from the Relocation Fund; and
Announce Procedures for Eligible Entities to Close Out Accounts in the
Fund, Public Notice, 34 FCC Rcd 304, 312, para. 26 (2019); Expanding
the Economic and Innovation Opportunities of Spectrum Through Incentive
Auctions, Report and Order, 29 FCC Rcd 6567, 6825-26, paras. 632-36
(2014). We seek comment on these proposals.
Updates to Listing of FCC Policies
Sections 73.4000 et seq provide certain FCC policies and citations
related to all broadcast stations for the purpose of reference and
convenience. Section 73.4000 addresses the fact that the present
listing of FCC policies and citations contained in 73.4000 et seq may
not be an all-inclusive list. We propose to also include cautionary
language in the rule to note that subsequent decisions or actions may
exist. We seek comment on this proposal. We also propose to amend a
number of rules in Sec. Sec. 73.4000 et seq that are now obsolete or
otherwise require updates. For instance, the Commission no longer uses
comparative hearings to award commercial broadcast licenses so Sec.
73.4082 related to such proceedings is obsolete. See 47 CFR 73.4082
(Comparative broadcast hearings--specialized programming formats). The
Commission no longer resolves mutually exclusive broadcast applications
through comparative hearings but rather now uses competitive bidding
procedures. See 47 CFR 73.5000 et seq (procedures for competitive
bidding); Implementation of Section 309(j) of the Communications Act;
Competitive Bidding for Commercial Broadcast and Instructional
Television Fixed Service, MM Docket No. 97-234, First Report and Order,
13 FCC Rcd 15920 (1998) (subsequent citations omitted) (Competitive
Bidding First R&O). We propose to remove or update rules that implicate
audio services that are obsolete or require updates. Section 73.4017 is
proposed to be removed because these policies have been replaced by
competitive bidding procedures in Sec. Sec. 73.5000-73.5009. See 47
CFR 73.4017 (Application processing: Commercial FM stations); 47 CFR
73.5000-73.5009; Competitive Bidding First R&O, at 15972, para. 137
(1998). Section 73.4100 and Sec. 73.4101 are proposed to be retained
and amended to add a more recent policy pronouncement from 1981 and
1987. See 47 CFR 73.4100 (Financial qualifications; new AM and FM
stations) and 73.4101 (Financial qualifications, TV stations); Revision
of Application for Construction Permit for Commercial Broadcast Station
(FCC Form 301), Memorandum Opinion and Order, 50 R.R.2d 381, para. 6
(1981) and Certification of Financial Qualification by Applicants for
Broadcast Station Construction Permits, Public Notice, 2 FCC Rcd 2122
(1987). Section 73.4107 is proposed to be eliminated as the cited
documents refer to a completed proceeding. All of the cited documents
concern the rollout and implementation of Docket 80-90 and the 689 FM
allotments adopted therein. The allotments have been established, the
proceeding is terminated, and we believe there is no public interest
served by listing the cited documents in the policy statement. See 47
CFR 73.4107 (FM broadcast assignments, increasing availability of). We
also propose to eliminate Sec. 73.4108 because this requirement was
eliminated for FM stations. See 47 CFR 73.4108 (FM transmitter site map
submissions); 1998 Biennial Regulatory Review--Streamlining of Mass
Media Applications, Rules, and Processes, MM Docket Nos. 98-43 and 94-
149, Report and Order, 13 FCC Rcd 23056, 23082, para. 60 (1998)
(rejecting the suggestion that the Commission continue to require the
filing of site maps, finding it to be an ``unnecessary expense for
applicants'' ``in most instances''). And we propose to update rules to
reflect the
[[Page 8643]]
availability of newer versions of procedures and Commission orders. See
47 CFR 73.4210 (Procedure Manual: ``The Public and Broadcasting'') (The
rule is tentatively updated to reflect a newer version of the procedure
manual, which is available at: <a href="https://www.fcc.gov/media/radio/public-and-broadcasting">https://www.fcc.gov/media/radio/public-and-broadcasting</a>); 73.4267 (Time brokerage) (The revisions to the rule
propose to remove outdated citations and add citations to reflect
current policy). See Review of the Commission's Regulations Governing
Attribution of Broadcast and Cable/MDS Interests, MM Docket Nos. 94-
150, 92-51, 87-154, Report and Order, 14 FCC Rcd 12559 (1999). See also
47 CFR 73.3555, Note 2(j). We also propose to update certain rules to
reflect the subsequent passage of legislation and the later Commission
revision of the relevant policy. See 47 CFR 73.4055 (Cigarette
advertising) (tentatively updated to reflect that in 1986, Congress
extended the ban to include advertisements for smokeless tobacco
products. See 15 U.S.C. 4402(c)). We seek comment on these proposals.
Deletion of Obsolete Language Due to Passage of Time and Changes in
Commission Policy
The Class A television service was authorized by passage of the
Community Broadcasters Protection Act of 1999 (CBPA), pursuant to which
eligible LPTV stations could obtain partial qualified primary status.
See Community Broadcasters Protection Act of 1999, Public Law 106-113,
113 Stat. Appendix I at pp. 1501A-594--1501A-598 (1999), codified at 47
U.S.C. 336(f) (CBPA). The CBPA was enacted on December 31, 1999, and in
implementing the Act in 2000, the Commission gave eligible stations
until May 1, 2000, to file an application for a Class A license. Class
A Report and Order; Memorandum Opinion and Order on Reconsideration, 16
FCC Rcd 8244 (2001). Stations that were authorized or applications that
were no longer subject to the filing of competing applications prior to
passage of the CBPA were not required to protect analog LPTV stations
that became Class A stations with passage of the CBPA on November 29,
1999. All of the LPTV stations that became analog Class A stations and
are still operating are now digital Class A stations. Accordingly, this
note to Sec. 73.613(a) is now obsolete and we propose to delete it.
See 47 CFR 73.613 (Note to 73.613(a)) (Protection of Class A TV
Stations). Section 73.6018 provides, in part, that Class A television
stations were required to protect any pre-transition DTV applications
filed before December 31, 1999, or between December 31, 1999 and May 1,
2000. Because the time for filing such pre-transition DTV applications
is long past and none remain pending, we tentatively conclude that we
should delete this language. See 47 CFR 73.6018 (Digital Class A TV
protection of DTV stations). We also propose to delete references to
digital and DTV. In addition, now that May 1, 2000 is past, the final
sentence in 73.623(c)(5) is rendered obsolete through the passage of
time and we propose to delete it. 47 CFR 73.623(c)(5) (DTV applications
and changes to DTV allotments). We believe this deletion is further
supported by the fact that the Commission previously stated ``Section
73.623 is amended by revising paragraph (a) as follows and deleting
paragraphs (c) and (g).'' (emphasis added). This was also reflected in
the Federal Register publication, 86 FR 66193 (Nov. 22, 2021), which
states ``Section 73.623 is amended by revising paragraph (a) and by
removing and reserving paragraphs (c) and (g).'' (emphasis added). 86
FR 66193, 66209 (Nov. 22, 2021). While references to the section were
deleted, the paragraph remains in the rules. We seek comment on these
proposals.
Section 73.6019 provides, in part, that Class A stations that were
reassigned a new channel in connection with the incentive auction were
not required to protect low power television or TV translator stations
in the applications they filed for a construction permit for the
channel specified in the April 13, 2017 Channel Reassignment Public
Notice. 47 CFR 73.6019 (Digital Class A TV station protection of low
power TV, TV translator, digital low power TV and digital TV translator
stations), citing Sec. 73.3700(b)(1). Those applications were required
to be filed by July 12, 2017, absent a waiver. Channel Reassignment
Public Notice, 32 FCC Rcd at 2809, para. 70. Such waiver requests were
required to be submitted no later than June 12, 2017 and all such
requests have been disposed of in decisions that are now final. Id.
Thus, we propose to delete that portion of the rule as obsolete. We
seek comment on this proposal.
Section 73.6022 provides that Class A stations displaced by channel
allotment changes by a DTV station could negotiate to exchange channels
with the DTV station, subject to certain conditions. 47 CFR 73.6022
(section heading and (b)) (Negotiated interference and relocation
agreements). Class A stations were subject to displacement only as the
result of ``engineering solutions'' by full power television stations
to resolve ``technical problems'' in replicating or maximizing the full
power television station's digital service area during the digital
transition. See Freeze on the Filing of Applications for Digital
Replacement Translator Stations and Displacement Applications, Public
Notice, 29 FCC Rcd 6063 (2014), citing Class A Report and Order, 15 FCC
Rcd at 6380-81, paras. 61-64 (subsequent citations omitted). Because
the digital transition is complete, any such displacements were
necessarily already identified and resolved. Accordingly, we
tentatively conclude that we should delete paragraph (b) of the rule as
obsolete. We seek comment on that tentative conclusion.
We also propose to amend Sec. 73.1020(a) to delete dates in the
past and include the applicable dates for future license renewal
cycles. Section 73.1020(a) provides, in part, the default time of
expiration for initial and renewal broadcast licenses by state.
Specifically, the default time of expiration for such licenses will be
3 a.m., local time, on certain enumerated dates and thereafter at 8-
year intervals for radio and TV broadcast stations depending on
location. Because the dates specified in the current rule for filing
such renewal applications are now in the past, we propose to amend the
rule to update the license expiration dates for the next renewal cycle.
We seek comment on that proposal. In addition, we propose to remove as
obsolete language from Sec. 73.1020(b) that refers to the cutoff date
for the filing of applications mutually exclusive with renewal
applications that are filed on or before May 1, 1995 and no such
applications are on file. See 47 CFR 73.1020(b) (Station license
period). See also Reading Broadcasting, Inc., for Renewal of License of
Station WTVE(TV), Channel 51 Reading, Pennsylvania and Adams
Communications Corporation, for Construction Permit for a New
Television Station to Operate on Channel 51, Reading, Pennsylvania, MM
Docket No. 99-153, 17 FCC Rcd 14001, para. 1 (2002) (In this decision,
the Commission explained that it was ``dispos[ing] of the last
remaining ``comparative renewal'' proceeding, in which an incumbent
licensee faces a comparative challenge from a construction permit
applicant for the same facilities. Congress, by Act of February 8,
1996, Public Law 104-104, 110 Stat. 56, codified as 47 CFR 309(k)(4),
prohibited the comparative consideration of renewal applicants filed
after May 1, 1995.''). We seek comment on this proposal.
Similarly, we propose to remove as obsolete due to the passage of
time Sec. 73.3598(b)(3), which provides that the
[[Page 8644]]
period of construction for an original construction permit will toll
for certain reasons of international coordination during the DTV
transition, which is now complete. We propose to delete language in
proposed Sec. 73.682(d)(1) that specifies that digital standards
incorporated by reference into the Commission rules became effective
October 11, 2011, as the specific start date is now obsolete. See
proposed Sec. 73.682(d)(1) (TV transmission standards). We also delete
references to DTV and digital. We also propose to remove as obsolete
the portion of Sec. 73.3572(a)(3) that provided a window that expired
October 1, 2000 for certain proposed minor change applications. We also
propose to delete provisions that reference the comparative hearing
process, which no longer exists. See 47 CFR 73.1620 (Program tests)
(g)(1)-(3) (Reports required); 73.3519(a) (Repetitious applications)
(the last sentence of paragraph (a) that applicants whose applications
have been denied in a comparative hearing may apply immediately for
another available facility); and Sec. 73.4082 (Comparative broadcast
hearings--specialized programming formats). We also propose to delete
Sec. 73.3523, the first sentence of Sec. 73.3516(e), and the second
sentence of Sec. 73.3516(e)(1), which deal with obsolete procedures
regarding mutually exclusive proceedings for renewal applications filed
prior to May 1, 1995. We also propose to delete the first clause of 47
CFR 73.3525(a) (Agreements for removing application conflicts), which
cross-references Sec. 73.3523. In addition, we propose to delete the
second sentence of Sec. 73.3533(b), which discusses an obsolete
procedure for filing construction permit extension applications.
Specifically, that rule refers to Sec. 73.3534, which specified three
factors that could justify an extension of a construction permits. See
47 CFR 73.3534. See also Application of Mansfield Christian School, 10
FCC Rcd 12589, 12590, para. 5 (1995). That section, however, was
deleted in 2004. See 69 FR 72043 (Dec. 10, 2004). We seek comment on
these proposals.
We propose to delete obsolete language in Sec. 73.664(c)(3)(iii)
concerning the certification of equipment. The FCC no longer ``type
accepts'' equipment, having overhauled the process to allow private
parties to verify such equipment meets FCC requirements, and the
results of such verifications do not need to be submitted to the FCC.
See 47 CFR 73.664(c)(3)(iii) (Determining operating power). Currently,
there are two procedures used for RF device equipment authorization:
SDoC and Certification. See 47 CFR 2.906 (Supplier's Declaration of
Conformity) and 2.907 (Certification); see also Office of Engineering &
Technology (OET), Equipment Authorization, <a href="https://www.fcc.gov/engineering-technology/laboratory-division/general/equipment-authorization">https://www.fcc.gov/engineering-technology/laboratory-division/general/equipment-authorization</a> (last visited Aug. 9, 2022). On July 14, 2017, the
Commission amended its radiofrequency equipment authorization rules.
Amendment of Parts 0, 1, 2, 15, and 18 of the Commission's Rules
Regarding Authorization of Radiofrequency Equipment, ET Docket No. 15-
170, First Report and Order, 32 FCC Rcd 8746 (2017) (SDoC Order). The
adopted rules phased out the Verification and Declaration of Conformity
equipment authorization procedures and replaced them with a new
equipment authorization procedure, the SDoC. Federal Communications
Commission, Authorization of Radiofrequency Equipment, 82 FR 50820
(Nov. 2, 2017). A device authorized under previously accepted
procedures remains authorized and may be marketed or used if it
continues to meet the requirements attendant to that authorization. We
also propose to modify text throughout Sec. 73.664 in order to remove
references to analog operations such as references to the visual
transmitter and to peak power. We propose to retain the remainder of
this section that continues to provide important information for
measuring transmitter operating power even in the post-transition
context. We similarly propose to retain Sec. 73.688 while removing
similar references to the visual transmitter. We seek comment on these
proposals.
We propose to delete Sec. Sec. 27.60 (TV/DTV interference
protection criteria) and 27.1310 (Protection of Broadcast Television
Service in the 600 MHz band from wireless operations), which concern
the protection of TV stations on certain channels by wireless services.
All of these protections are for channels above channel 37, and thus
are no longer relevant because the completion of the digital TV
transition and the incentive auction and repacking process reassigned
channels in that range for wireless use. We seek comment on this
proposal.
Reorganization of Subpart E--Television Broadcast Stations
Full power television began to transition to digital with the
passage of the Telecommunications Act of 1996, and ended on June 12,
2009, when full power television stations commenced digital-only
operations. See Advanced Television Systems and Their Impact upon the
Existing Television Broadcast Service, MM Docket No. 87-268, 12 FCC Rcd
12809 (1997) (Implementing television broadcast portions of the
Telecommunications Act of 1996) (subsequent citations omitted); see
Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56
(1996)). During the transition, the Commission was required to adopt a
number of rules dealing with, inter alia, special relaxed digital to
digital interference standards necessary to take into account that most
stations were operating both an analog and digital channel during the
transition, digital construction deadlines, minimum digital operating
schedules, analog to digital and digital to analog interference rules,
and digital to digital interference rules post-transition. For an
overview of the numerous rulemaking proceedings, see Review of the
Commission's Rules and Policies Affecting the Conversion to Digital
Television, MB Docket No. 00-39, Report and Order and Further Notice of
Proposed Rulemaking, 16 FCC Rcd 5946 (2001) (subsequent citations
omitted); Second Periodic Review, 19 FCC Rcd 18279 (2004); Third
Periodic Review of the Commission's Rules and Policies Affecting the
Conversion to Digital Television, MB Docket No. 07-91, Report and
Order, 23 FCC Rcd 2994 (2007) (subsequent citations omitted). Many of
these rules were temporary and meant to be effective only during the
DTV transition. For example, Sec. 73.623(c)(2) (Minimum technical
criteria for modification of DTV allotments included in the initial DTV
Table of Allotments and for applications filed pursuant to this
section) allowed petitioners and applicants to specify facilities that
would result in an increase of up to an additional 2 percent of the
population served by another station, provided that the station would
not receive more than 10 percent interference in the aggregate. Post-
transition, however, the level of permissible interference dropped to
0.5%, the rounding tolerance for zero. See 47 CFR 73.616(d). Others,
however, had more long term application to digital operations. Because
the more long term rules were adopted at the same time as temporary
rules, the long term rules are currently not organized in a straight
forward or user-friendly manner. For example, Sec. 73.623(d) (Minimum
geographic spacing requirements for new TV allotments) is in the rule
section dealing with TV applications and changes to TV allotments. This
paragraph, however, deals with new allotments, and might
[[Page 8645]]
more logically belong in Sec. 73.622 (Table of TV Allotments). In
addition, there are instances where the rules are duplicative. For
example, 47 CFR 73.616(d) and (e) (Post-transition DTV station
interference protection) and 73.623(c)(2)-(5) (DTV applications and
changes to DTV allotments) both require the use of OET Bulletin No. 69.
Some of the specific parameters in Sec. 73.623(c) are outdated (such
as those that refer to the 2 percent and 10 percent aggregate pre-
transition interference standard), but most of the remaining rule text
is directly duplicative of Sec. 73.616(d) and (e) (for example, both
discuss how to determine DTV to DTV interference using OET Bulletin 69,
that the minimum adjacent channel technical criteria does not apply to
channels 4 and 5, 6 and 7, and 13 and 14, because of unique spacing
between these channel, and how to determine interference to Class A
television stations). Thus, as stated above, we propose deleting
paragraphs 73.623(c)(2)-(5). In addition, there are cases where an
analog rule and a digital rule are both found in the rules with similar
text, such as Sec. Sec. 73.625 (DTV coverage of principal community
and antenna system) and 73.685 (Transmitter location and antenna
system).
To make the organization of the rules more practical and the rules
easier to find, we propose to reorganize subpart E, while also offering
some minor clarifications and amendments to some of the rules. First,
we propose to create a new Sec. 73.611 (Emission levels and mask
filters) which would relocate, verbatim, the language from Sec.
73.622(h)(1) and (2), which is currently part of the Table of TV
Allotments section. These rules involve the permissible level of
emissions outside the authorized channel of operation and how
attenuation of emission levels is to be measured at the output
terminals of the transmitter, including any filters that may be
employed. See Advanced Television Systems and Their Impact upon the
Existing Television Broadcast Service, MM Docket No. 87-268, Sixth
Report and Order, 12 FCC Rcd 14588, 14676-77, para. 195 (1997). We
believe this change will improve the organization of the rules because
this technical rule has little direct relationship to the Table of TV
Allotments. We seek comment on moving this language to a separate
stand-alone rule for easier reference.
We propose to remove the analog power limits from Sec. 73.614(b)
(Power and antenna height requirements) and replace them with the
digital power limits currently found in Sec. 73.622(f)(5)-(8) (Table
of TV allotments), and we propose to clarify that all applications for
new full power television stations, applications for changes in
authorized full power television stations, and petitions for changes to
the Table of TV Allotments must comply with these requirements. 47 CFR
73.614(b) (Power and antenna height requirements). This would make
Sec. 73.622(f)(4) redundant, as Sec. 73.622(f)(8) also contains a
1000 kW limit for UHF stations, and we thus propose to delete Sec.
73.622(f)(4). The portions of the rule in Sec. 73.622(f)(5)-(8) focus
on power and antenna height requirements. Sections 73.622(f)(6)-(8) set
forth the digital power limits and (f)(5) sets forth an exception which
is commonly referred to as the ``largest station in the market rule.''
While these power and antenna height requirements are sometimes
referred to in Table of Allotment proceedings, they are also frequently
considered in processing applications, and so we believe including
these provisions in a separate paragraph will make them easier to
reference regardless of whether an allotment or an application is being
considered. We also propose to clarify in the newly placed Sec.
73.614(b)(6), that the largest station in the market provision only
allows a station to exceed the maximum height for a given channel and
zone, and not the maximum power for that channel and zone. This
addition to the rule is consistent with a clarification adopted by the
Commission in 2001. See Review of the Commission's Rules and Policies
Affecting the Conversion to Digital Television, MM Docket No. 00-39,
Report and Order and Further Notice of Proposed Rulemaking, 16 FCC Rcd
5946 (2001) (subsequent history omitted). Specifically, the Commission
clarified that under Sec. 73.622(f)(5), ``the maximum ERP limits . . .
may not be exceeded.'' Id. at 5974, para. 74. Instead, ``[t]he `largest
station' provision applies only where the rules normally require a
reduction in the maximum power because a specified antenna HAAT is
exceeded. That is, it does not allow power higher than the maximum ERP
to compensate for an antenna HAAT that is lower than the value
specified in the rule.'' Id. We also propose to delete Sec.
73.614(b)(7) (Power and antenna height requirements) as duplicative of
Sec. 73.625(c)(1) (DTV coverage of principal community and antenna
system). See 47 CFR 73.614(b)(7) and 73.625(c)(1). We further propose
to retain for digital operations a requirement that existed for analog
operations that applications will not be accepted for filing if they
specify less than a minimum effective radiated power of 100 watts
because the Media Bureau staff already applies this minimum level in
routine processing and we do not believe it is in the public interest
for full power television stations to operate with what is essentially
a low power facility. See 47 CFR 73.614(a) (Minimum power). Finally, we
propose that for stations requesting DTS operation pursuant to Sec.
73.626 (DTV distributed transmission systems) that this requirement
apply to at least one site in the DTS. We seek comment on these
proposals.
We also propose to collect provisions on related matters that are
currently spread over various rules and group them together. First, we
propose to create a new Sec. 73.617 (Interference protection of other
services) which collects provisions from Sec. Sec. 73.623(e)
(Protection of land mobile operations on channels 14-20), 73.687(e)(3)-
(4) (this section requires stations operating on channel 14 to take
special precautions to avoid adjacent LMRS facilities and sets forth
various steps stations should take to identify and resolve potential
interference. See also Resolution of Interference Between UHF Channels
14 and 69 and Adjacent-Channel Land Mobile Operations, MM Docket No.
87-465, Report and Order, 6 FCC Rcd 5148 (1991)) 73.623(f) (``Parties
requesting new allotments on channel 6 be added to DTV Table must
submit an engineering study demonstrating that no interference would be
caused to existing FM radio stations on FM channels 200-220''), and
73.685(d) (we also propose to change ``blanket area'' to
``blanketing,'' which reflects the updated term now used by
stakeholders.). We propose to amend the rule to add a note to reference
and explain the existence of a granted waiver with respect to the
community of Los Angeles, California allowing the County of Los Angeles
to use channel 15 in Los Angeles for public safety communications, and
propose to update the city center coordinates supra. Most of these
rules are used for both licensing and allotments and we believe they
will be easier to identify and use if gathered into one section rather
than scattered among various rules. We seek comment on this proposed
restructuring. We also propose to include a new paragraph 73.617(e) to
codify a long standing Commission practice to place a condition on all
television broadcast station authorizations that result in a change in
coverage area, and all authorizations for new stations, which requires
TV broadcasters to identify and notify hospital and other health care
[[Page 8646]]
facilities within the station's coverage area to avoid interference to
medical telemetry devices. Such devices are authorized under 47 CFR
15.242 (Operation in the bands 174-216 MHz and 470-668 MHz) and 47 CFR
part 95 subpart H. This condition is consistent with a current practice
agreed to between the Commission and the Food and Drug Administration
in 1998 and we believe codifying this practice in our rules will ensure
that all licensees are aware of this requirement to avoid interference
to medical telemetry devices. See Joint Statement of the Federal
Communications Commission and the Food and Drug Administration
Regarding Avoidance of Interference Between Digital Television and
Medical Telemetry Devices, <a href="https://transition.fcc.gov/Bureaus/Engineering_Technology/News_Releases/1998/nret8003.html">https://transition.fcc.gov/Bureaus/Engineering_Technology/News_Releases/1998/nret8003.html</a> (Mar. 25,
1998). We seek comment on this proposal.
We propose to create a new Sec. 73.618 (Antenna location and
principal community coverage), which would relocate, verbatim, the
language from 73.625(a) (DTV coverage of principal community and
antenna system). We also propose to centralize multiple existing rules
into one rule that would include instructions on how to determine the
protected facilities of a television allotment (47 CFR 73.616(c) (Post-
transition DTV station interference protection), as amended), the
noise-limited contour level of a television station (47 CFR 73.622(e)
(Digital television table of allotments), as amended supra), how the
noise-limited contour is determined (47 CFR 73.625(b) (DTV coverage of
principal community and antenna system), as amended infra), and the
purposes for which field strength contours are used (47 CFR 73.683(c)
(Field strength contours and presumptive determination of field
strength at individual locations)). We therefore propose to include
these existing requirements in a new Sec. 73.619 (Contour and service
areas), and update the section heading of Sec. 73.683 to ``Presumptive
determination of field strength at individual locations,'' in order to
remove reference to portions of the rule that are relocated to the new
Sec. 73.619. Similarly, we propose to create a new Sec. 73.620
(Interference calculation and protection of TV broadcast services) that
will include the requirements currently spread throughout multiple
rules in Sec. 73.623(c) (describes the minimum technical criteria for
modification of DTV allotments included in the initial DTV Table of
Allotments and for applications filed pursuant to this section, as
amended supra) and Sec. Sec. 73.616(d) and (e) (merged into a new
Sec. 73.620(a)-(d)). See 47 CFR 73.616 (Post-transition DTV station
interference protection) as amended supra. Additionally, we propose to
move the rule from Sec. 73.616(g) to a new Sec. 73.620(f). See 47 CFR
73.616(g) (relating to interference protection of ATSC 3.0 stations).
We believe that this revised organization of these requirements will
make the rules easier to identify and use, and eliminate duplicate
versions of some of these rules. We seek comment on these proposals.
We propose to modify Sec. Sec. 73.622 (Television table of
allotments) and 73.623 (TV application processing) to separate out
rules specific to the Table of TV Allotments and application processing
procedures into separate sections. In Sec. 73.622(a), we propose to
modify the language to clarify the rule sections specific to petitions
to modify the Table of TV Allotments. Due to this change, Sec.
73.616(a) (TV station interference protection) becomes largely
duplicative of this proposed Sec. 73.622(a) and we thus propose to
delete Sec. 73.616(a). We also propose to remove (a)(1) and (a)(2) as
redundant with the content of Sec. 73.603 (Numerical designation of
television channels). We propose to redesignate the language in Sec.
73.622(d)(2) as Sec. 73.622(d), clarify the rule text to indicate this
paragraph applies to all allotments, and clarify that the ``reference
coordinates'' for each allotment are those of the authorized facility,
or for new allotments, the coordinates given in the order amending the
Table of TV Allotments. Section 73.616(b) is duplicative of this
proposed Sec. 73.622(d) and we thus propose to delete Sec. 73.616(b).
We also propose editorial changes for clarity in Sec. 73.622(d).
Finally, we propose to relocate the text from Sec. 73.623(d), relating
to the minimum distance separations for new TV allotments, to a new
Sec. 73.622(k). In Sec. 73.623(a), we propose to modify the language
to clarify the rule sections specific to application processing and
remove discussion of modifications to the Table of TV Allotments. We
propose to relocate the text from Sec. 73.622(c), regarding the
availability of channels for application, into Sec. 73.623(b).
Finally, we propose to update cross-references found in Sec. 73.623(h)
and update the section heading to ``TV application processing
priorities'' in order to clarify its purpose. We seek comment on these
proposals.
We propose to reorganize Sec. 73.624(b) (Television broadcast
stations) for clarity by splitting some of the text in subpart (b) into
a new subpart (b)(1) (requiring stations broadcasting in ATSC 1.0 to
transmit an over the air signal at no direct charge to viewers). We
note that nothing in this proposal alters the application of this rule
to ATSC 3.0. We propose to relocate Sec. 73.685(h) (Transmitter
location and antenna system), pertaining to AM stations, to become new
Sec. 73.625(c)(4)(iii) (TV coverage of principal community and antenna
system). We also propose to relocate Sec. 73.682(a)(14) (TV
transmission standards), regarding the use of elliptically- and
circularly-polarized antennas, to become a new Sec. 73.625(d) (TV
coverage of principal community and antenna system). While the rest of
Sec. 73.682(a) related specifically to analog station operations, we
believe this specific subpart of (a)(14) applies to all stations and
note that its content is consistent with the functions in LMS
applicable to applications. Thus, we tentatively conclude it should be
relocated to make it easier to identify by users of our rules. We seek
comment on these proposals.
While the current rule structure has become disjointed over the
years, and is only exacerbated by the deletion of obsolete portions of
the rules, we understand that the structure is also familiar to many
users and we recognize that many licensees, counsel, and other users of
our rules may have concerns about a reorganization to our rules that
have been in the same location or under the same section number for
many years. We propose to mitigate that concern by updating cross-
references to the rules reorganized as described herein, and in Table
1: Cross-references below, as well as providing cross-references to the
new location of a rule that has been relocated in the location it was
previously found. The Commission has previously added cross references
to its rule sections within its rules. See, e.g., October 2021 Order at
para. 12 (``We also amend Sec. 73.606 of our rules by . . . adding a
cross-reference to ``Sec. 73.622(j)'', which sets forth the updated
Table of Allotments adopted in this Order.''). We believe that
providing these cross-references would make it easier for users to
become accustomed to the new structure. We seek comment on this
proposal.
Table 1--Cross-References
------------------------------------------------------------------------
Instead of referencing . . . Reference . . .
------------------------------------------------------------------------
Sec. 73.614(b)(7).................... Sec. 73.625(c)(1).
Sec. 73.616(a)....................... Sec. 73.622(a).
Sec. 73.616(b)....................... Sec. 73.622(d).
Sec. 73.616(c)....................... Sec. 73.619(d).
[[Page 8647]]
Sec. 73.616(e)....................... Sec. 73.620(d).
Sec. 73.616(g)....................... Sec. 73.620(f).
Sec. 73.622(b)....................... Sec. 73.622(j).
Sec. 73.622(c)....................... Sec. 73.623(b).
Sec. 73.622(e)....................... Sec. 73.619(c).
Sec. 73.622(f)(5).................... Sec. 73.614(b)(6).
Sec. 73.622(f)(6).................... Sec. 73.614(b)(1).
Sec. 73.622(f)(7).................... Sec. 73.614(b)(2).
Sec. 73.622(f)(8).................... Sec. 73.614(b)(3).
Sec. 73.622(h)....................... Sec. 73.611.
Sec. 73.622(i)....................... Sec. 73.622(j).
Sec. 73.623(c)(1).................... Sec. 73.618(a).
Sec. 73.623(c)(2).................... Sec. 73.620.
Sec. 73.623(c)(3).................... Sec. 73.620(b).
Sec. 73.623(c)(4).................... Sec. 73.620(a).
Sec. 73.623(c)(5).................... Sec. 73.620(d).
Sec. 73.623(d)....................... Sec. 73.622(k).
Sec. 73.623(e)....................... Sec. 73.617(a).
Sec. 73.623(f)....................... Sec. 73.617(c).
Sec. 73.623(g)....................... Sec. 73.620(e).
Sec. 73.625(a)....................... Sec. 73.618.
Sec. 73.625(b)....................... Sec. 73.619(b).
Sec. 73.683(c)....................... Sec. 73.619(a).
Sec. 73.685(b)....................... Sec. 73.618.
Sec. 73.685(d)....................... Sec. 73.617(d).
Sec. 73.685(f)....................... Sec. 73.625(c).
Sec. 73.687(e)....................... Sec. 73.617(b).
------------------------------------------------------------------------
Protection of Land Mobile Radio Service
Section 73.623(e) of the rules requires full power and Class A
television stations to protect certain channels for use by LMRS in
thirteen U.S. cities. 47 CFR 73.623(e) (Protection of land mobile
operations on channels 14-20). In the proposed reorganization, this
would be moved to new Sec. 73.617(a). For television stations that use
or would use channels 14 through 20, the rule specifies a distance of
250 kilometers from the city center of a co-channel land mobile
operation, or 176 kilometers from the city center of an adjacent
channel land mobile operation. The set of coordinates for the city
centers were calculated based on the 1927 North American Datum (``NAD
27''). As a result of improvements in technology and measuring
capabilities, NAD 27 has been superseded by the 1983 North American
Datum (``NAD 83''). The Commission's Office of Engineering and
Technology and Office of the Managing Director have previously
explained that ``[g]eodetic datum is a set of constants specifying the
coordinate system used for calculating the coordinates of points on the
Earth. NAD 83 was developed based on satellite and remote-sensing
measurement techniques, and provides greater accuracy than the older
NAD 27.'' Amendment of Parts 1, 2, 25, 73, 74, 90, and 97 of the
Commission's Rules to Make Non-Substantive Editorial Revisions to the
Table of Frequency Allocations and to Various Service Rules, Memorandum
Opinion and Order, 23 FCC Rcd 3775, 3796, para. 61, n.101 (OET/OMD
2008). Because it provides greater accuracy and the older NAD 27 is
outdated, we propose to amend the rule to use NAD 83 for purposes of
specifying these coordinates. Id. We further tentatively conclude that
updating the coordinates in the rule to NAD 83 would serve the public
interest by conforming the values with the coordinate system used in
the Commission's LMS database and with those found in Sec. 90.303(b)
of the rules, which define the service that Sec. 73.623(e) protects.
Section 90.303(b) (Availability of frequencies) defines the specific
center points used to permit land mobile operations, which represent
the specific locations that Sec. 73.623(e) is designed to protect. See
47 CFR 90.303(a) (stating that ``coordinates are referenced to the
North American Datum 1983 (NAD83)'') and (b). As such, our proposal to
conform the values in these rules would help to ensure that land mobile
operations are more appropriately considered and protected from full
power and Class A operations. We made a similar proposal in the Part 74
NPRM at para. 12. We seek comment on this proposal.
We also propose to amend Sec. 73.1620(a)(1) (Program tests) to
remind full power and Class A television stations on channel 14 of the
requirement found in Sec. 73.687(e)(4)(iii) that they request Program
Test Authority (``PTA'') prior to commencing operation of new or
modified facilities. We further propose to move 47 CFR 73.687(e)(3)-(4)
to 73.617(b). We also propose to include a new sentence codifying the
practice of requiring LPTV and translator stations on channel 14 to
request PTA prior to beginning operation of new or modified facilities.
We believe that adding rule text reflecting this practice consistently
across all television services will better reflect the purpose of the
requirement to protect existing land mobile operations. We seek comment
on these proposed changes.
Coverage Area--Determining Coverage
Section 73.625(b) of the Commission's rules describes how coverage
and height above average terrain (HAAT) are to be calculated or
determined. 47 CFR 73.625(b) (DTV coverage of principal community and
antenna system--Determining coverage). In the proposed reorganization,
this would be moved to Sec. 73.619(b) (Contours and service areas--
Determining coverage). This rule is largely derived from what was
formerly Sec. 73.684(d) and (f) adopted by the Commission in December
1963. See 28 FR 13572, 13678-79 (rel. Dec. 14, 1963) (Sec. 73.684
(1963)). We propose changes to certain procedures contained in Sec.
73.625(b) which we believe are obsolete, unnecessary, and are otherwise
superseded by the software based tools that the FCC and industry use to
prepare and process applications.
We propose to remove the second sentence of paragraph (b)(2), which
indicates that when the relative field strength at a depression angle
is 90% or greater, the 100% value should be used. This would create a
discontinuity in the contour, and is inconsistent with how software-
based tools used to process and prepare applications function. We seek
comment on this proposal.
We propose to eliminate the requirement to produce and submit
profile graphs and to streamline the section in order to bring it into
line with modern software-based tools used to determine contours and
HAAT today. Specifically, the fifth and sixth sentences in paragraph
(b)(4) of Sec. 73.625 discuss the creation and submission of a radial
in the direction of the community of license. See Sec. 73.684(d)
(1963) (Sec. 73.625(b)(4) was largely adapted from Sec. 73.684(d),
and Sec. 73.684(d) itself had been condensed since the 1963 version of
the rule. The 1963 version more clearly details the purpose and
execution of the rule than the current text.). The rule does not
require the use of a radial in the direction of the community of
license in any other calculations, so with the elimination of the
requirement to produce and submit profile graphs of radials, a rule
that requires the calculation of this radial becomes unnecessary.
Moreover, the software-based tools the Commission and industry use to
process and prepare applications do not produce this radial. As such,
we propose to delete the language. Paragraph (b)(4) also contains
similar detail in the seventh and eighth sentences explaining how and
when to produce and submit a profile graph for radials over water or
foreign territory. Id. Again, with the elimination of the requirement
to produce and submit profile graphs of radials, we believe this
calculation for radials over water or foreign territory is unnecessary.
The rule itself does not require the radials to be used in any other
calculations and automated software used by the Commission and industry
does not do this. As such, we propose to delete this language. We also
propose to delete the companion language in Sec. 73.681 in the
definition of ``antenna height above average terrain.'' We seek comment
on these proposals.
[[Page 8648]]
Next, paragraph (b)(4) describes how to plot the radials on a graph
and provides a range of options for the number of points of elevation
to use in each radial. We propose to conform the requirement to
reference the TVStudy software currently used for preparing and
processing applications, and specify the use of 10 points per kilometer
in all circumstances consistent with present practice found in the
TVStudy software used by the Commission and licensees to process and
prepare applications. See Federal Communications Commission, Office of
Engineering and Technology, TVStudy Interference Analysis Software,
<a href="https://www.fcc.gov/oet/tvstudy">https://www.fcc.gov/oet/tvstudy</a> (the ``FCC Contours'' screen in the
``Parameters'' tab of TVStudy provides a default value of 10 points per
kilometer using the default Interference Check template). We seek
comment on this proposal.
We propose additional deletions in the rule that we believe are
also unnecessary. There are several sentences in paragraph (b)(4) which
describe how such graphs should be formatted for submission to the FCC.
For example, the rule specifies that the graphs may be plotted on
``rectangular coordinate paper'' or on ``special paper which shows the
curvature of the earth.'' See also Sec. 73.684(d) (1963). Because we
propose to eliminate the requirement to submit profile graphs, we also
propose to delete the formatting requirements. The rule also provides
multiple options on how to obtain elevation points. The software
currently used by the Commission and industry, however, simply averages
the points as provided in the first option. We propose to delete that
text on options to obtain elevation points and clarify the use of the
average of points elsewhere in the paragraph. Finally, we propose to
add a sentence clarifying that actual calculated values are used to
determine the HAAT, and to eliminate the final two sentences of
paragraph (b)(4) which are no longer used with the conversion from
analog to digital. Specifically, this language is no longer necessary
due to the change from the requirements of providing a city grade
strength signal of 74-80 dBu, depending on channel, to a principal
community strength signal of 35-48 dBu depending on channel. The last
two sentences of Sec. 73.625(b)(4) are derived from the last two
sentences of Sec. 73.684(f) (1963), which addressed a situation where
the adopted predictive coverage methodology would result in a negative
HAAT or an HAAT below 100 feet at a number of radials at two and 10
mile intervals. In that case, an applicant could make a supplemental
showing. As an example, when a supplemental showing could be made, the
rule explained that ``a mountain ridge may indicate the practical limit
of service although the prediction method may indicate otherwise. In
such cases the prediction method should be followed but a supplemental
showing may be made concerning the contour distances as determined by
other means.'' To give an example why the last two sentences of Sec.
73.625(b)(4) are obsolete, the standard contour prediction method would
show that the television stations in Juneau, Alaska, had a negative
HAAT due to surrounding terrain even though the stations' transmission
facilities are located in Juneau, which is surrounded by mountains.
With the conversion from analog to digital, the use of the city grade
contour to determine community coverage was replaced with the use of
the minimum service level contour, which tends to be significantly
larger, making the issue of an inability to reach the community of
license that this rule was designed to capture significantly less
likely. We see comment on these proposals.
Section 73.625(b)(5) specifies a number of paper maps which should
be used to prepare the profile graphs described in paragraph (b)(4),
and to determine the location and height above sea level of the antenna
height. See 47 CFR 73.625(b)(5). This rule is largely derived from
Sec. 73.684(g) (1963). We believe that multiple references to various
sources of paper maps contained in the rule are outdated methods to
make these types of calculations. We therefore propose to remove those
references to outmoded paper maps and replace them with a reference to
the National Elevation Dataset and other similar bald earth terrain
datasets which are used by modern automated software currently used by
the Commission and industry. In a new paragraph (b)(6), we propose to
clarify that we generally expect these calculations to be done via
computer, versus the preference for paper calculations that was
specified previously, and then indicate that to the extent a submission
to the Commission uses sources different from those officially
reflected in our rules, those sources should be clearly identified in
the submission. For example, community coverage is demonstrated by
providing a map, which applicants sometimes produce using software like
V-Soft Probe. Applicants should clearly identify the software being
used to produce their engineering showings. We seek comment on these
proposals.
Antenna Patterns
We propose to clarify, in Sec. 73.625(c)(3)(ii) of the rules, that
the horizontal power is to be higher than or equal to the vertical
power in all directions, and require documentation that the antenna
meets this requirement. This proposed requirement is consistent with
stations being primarily horizontal, with a possible vertical component
less than or equal to the horizontal component. Most stations already
submit this documentation in their applications. This clarification is
consistent with the requirements contained in Sec. 73.682(a)(14). See
47 CFR 73.682(a)(14) (TV transmission standards) (``It shall be
standard to employ horizontal polarization.''). See also 47 CFR
73.316(a) (FM antenna systems). We also propose to update the rule to
reflect that the LMS filing system permits an alternate method of
specifying mechanically beam tilted facilities. The proposed rule
indicates the alternate method is preferable because it provides a
three-dimensional representation of the antenna, allowing for more
accurate predictions with OET Bulletin No. 69. But we continue to allow
the previous method in order to avoid imposing any additional burden on
stations that were previously authorized using the previous mechanical
beam tilt method. We seek comment on these proposals.
Section 73.625(c)(3)(v) currently requires that horizontal plane
patterns be plotted ``to the largest scale possible on unglazed letter-
size polar coordinate paper.'' This requirement is outdated and not
consistent with current licensee and Commission staff practices. We
propose to instead require licensees to submit patterns in the form of
a .pdf attachment to an application filed in LMS, and propose to
clarify that similar plots are required for elevation or matrix
patterns submitted in the LMS form. See proposed Sec. Sec.
73.625(c)(3)(vi) and 73.625(c)(3)(vii). This approach would provide
flexibility to applicants and conform to modern practices. We seek
comment on this proposal.
Subscription TV (STV) Rules
Sections 73.641 through 73.644, 73.4247, 73.6026, and 74.732(e)
contain the rules that allowed analog full power, Class A, and low
power television stations to offer a subscription television service
``for a fee or charge.'' See 47 CFR 73.641(b). See generally Amendment
of Part 73 of the Commission's Rules and Regulations in Regard to
Section 73.642(a)(3) and other Aspects of the Subscription Television
Service, Docket No. 21502, Fourth Report and Order, 95
[[Page 8649]]
FCC 2d 457 (1983) and other Commission Orders and Notices in Docket No.
21502 at nn.1-3. Under these rules, analog stations could offer
television services during part of the broadcast day, usually during
the evening hours, on a subscription basis by sending scrambled signals
through the air that could be decoded by a device that the subscriber
used and had installed by the STV provider at their television
receiver. Amendment of Part 73 of the Commission's Rules and
Regulations in Regard to Section 73.642(a)(3) and Other Aspects of the
Subscription Television Service, Docket No. 21502, Third Report and
Order, 90 FCC 2d 341, 344-5, para. 9 (1982).
As of May 1, 1982, there were 27 analog stations that were
operating in an STV mode in 18 different markets serving over 1,300,000
subscribers. Id. at 344, para. 8. Upon transitioning to digital in 2009
however, digital television stations are required to transmit one over-
the-air video program signal at no direct charge to viewers on their 6
MHz channel and are permitted to provide STV-type services on an
ancillary or supplementary basis to their primary digital television
service. See 47 CFR 73.624(a) and (c) (Digital television broadcast
stations); 74.790(i) (Permissible service of TV translator and LPTV
stations) (television stations are permitted to offer services of any
nature, consistent with the public interest, convenience, and
necessity, on an ancillary or supplementary basis, including
``subscription video''). With the elimination of analog service, there
are no full power television stations operating pursuant to the STV
rules and LMS does not permit the filing of applications or requests to
operate in an STV mode. Sections 73.642(b) (Subscription TV service)
and 74.732(e) (Eligibility and licensing requirements) require that
stations notify the Commission when they commence STV operations, and
that full power and Class A stations notify the Commission when they
discontinue STV operations or change their encoding equipment. The
Bureau has not received any such filings in at least the past 25 years.
Accordingly, these STV rules are obsolete and we propose to eliminate
them. See 47 CFR 73.641 (Subscription TV definitions), 73.642
(Subscription TV service), 73.643 (Subscription TV operating
requirements), 73.644 (Subscription TV transmission systems), and
73.4247 (STV: Competing applications). We seek comment on this
proposal.
If we adopt this proposal, we would also amend part 73 and part 74
rules to remove references to STV and ``subscription television
service.'' See 47 CFR 73.1201(d) (Station identification for
subscription television stations); 74.701(f) (Low power TV station);
73.682(b) (Subscription TV technical systems); 73.6026 (deleting cross-
references to 73.642-73.644) (Broadcast regulations applicable to Class
A television stations); and 74.732(e) (Eligibility and licensing
requirements). We seek comment on this proposal.
Special Criteria for Converting Vacant Commercial Channels to Reserved
Status
In 2000, the Commission adopted a needs based test for future
rulemakings allowing noncommercial educational (NCE) entities to
request that ``non-reserved channels not already in the Table of
Allotments be added and reserved for NCE use.'' See Reexamination of
the Comparative Standards for Noncommercial Educational Applicants, MM
Docket No. 95-31, Report and Order, 15 FCC Rcd 7386, 7434, para. 114
(2000); Reexamination of the Comparative Standard for Noncommercial
Educational Applicants, MM Docket No. 95-31, Second Report and Order,
18 FCC Rcd 6691 (2003). This needs-based test is reflected in Sec.
73.622(a). 47 CFR 73.622(a) states in relevant part:
Where there is only one technically available channel available
in a community, an entity that would be eligible to operate a
noncommercial educational broadcast station may, prior to
application, initiate a rulemaking proceeding requesting that an
unoccupied or new channel in the community be changed or added as
reserved only for noncommercial educational broadcasting upon
demonstrating that the noncommercial educational proponent would
provide a first or second noncommercial educational TV service to
2,000 or more people who constitute 10% of the population within the
proposed allocation's noise limited contour.
Since the Commission adopted this needs based test in 2000, the
Media Bureau has never been asked to apply it to television stations.
Further, the television band has been reallocated and repacked from
channels 2-69 to channels 2-36, significantly decreasing the number of
available channels. We therefore propose to amend Sec. 73.622(a) to
remove this language as we do not believe it serves a practical purpose
in the current environment. We do not intend, however, to eliminate the
ability of an NCE entity to reserve one of the few vacant television
channels currently in the Table of TV Allotments. We note that there
remain nine channels in the Table of TV Allotments that are allotted
but not currently licensed. These channels were recently offered in
Auction 112 but none of the channels received any bid offers and they
were returned to the Commission. See Auction of Construction Permits
For Full Power Television Stations Closes, Public Notice, DA 22-659
(rel. June 23, 2022). We note that an NCE entity may still file a
rulemaking petition to request that the Commission reserve the channel
for noncommercial educational use, without being required to rely on
the special process enumerated in Sec. 73.622(a). We seek comment on
this proposal.
Other Technical and Miscellaneous Updates
Special Service Authorization. Section 73.3543 (Application for
renewal or modification of special service authorization) provides that
no new special service authorizations may be issued after 1958,
however, renewals or modifications will be considered in certain
circumstances. The Media Bureau is unaware of any such authorizations
today, and thus we tentatively conclude the rule is obsolete and can be
deleted. We therefore propose to delete the rule and seek comment on
this proposal.
Broadcast Data Bases. Section 0.434 (Data bases and lists of
authorized broadcast stations and pending broadcast applications)
refers to Broadcast Application Processing System (BAPS), which is a
legacy database system that has not been in use at the Commission for
many years. The Media Bureau currently uses LMS for application
processing, which replaced the prior Consolidated Database System
(CDBS) system over the past few years (except with respect to certain
AM operations), which itself replaced BAPS around the year 2000. Thus,
the reference to BAPS is obsolete and we propose to delete it and seek
comment on this proposal. We additionally propose to remove the word
``periodically'' since an updated LMS download is provided daily,
remove the link to ``<a href="ftp.fcc.gov">ftp.fcc.gov</a>'' since LMS data is not provided
there, and update the reference to ``mass media services'' to instead
specify ``Media Bureau.'' We also propose to delete the sentences
stating that paper copies of lists of stations and applications are
available for inspection at the Commission or on microfiche at the
Commission's Reference Information Center. We further propose to delete
the sentence that lists can be purchased from the FCC's duplicating
contractor since the Commission has not contracted with a commercial
duplicating firm pursuant to Sec. 0.465(a) of the rules for a number
[[Page 8650]]
of years. We seek comment on these proposals.
Distributed Transmission System Rule Clarification. In January
2021, the Commission adopted updated rules in Sec. 73.626 relating to
Distributed Transmission Systems. See Rules Governing the Use of
Distributed Transmission System Technologies Authorizing Permissive Use
of the ``Next Generation'' Broadcast Television Standard, MB Docket No.
20-74 and GN Docket No. 16-142, Report and Order, 36 FCC Rcd 1227
(2021) (2021 DTS Order). Since that time, questions have arisen about
how the rules are to be applied. For example, the rule text makes
several references to the term ``reference facility'' without defining
that term, and appears to inaccurately conflate the reference point
with the coordinates of the facility which produces the authorized
service area. To make the intent and application of the rule less
ambiguous, we propose to modify language in Sec. 73.626(b) and (f)(2).
We propose to define the term ``authorized facility'' (the proposed
Sec. 73.626(b) states that ``For purposes of compliance with this
section, a station's `authorized service area' is defined as the area
within its predicted noise-limited service contour determined using the
facilities authorized for the station in a license or construction
permit for non-DTS, single-transmitter-location operation (its
``authorized facility'').'') and then replace all uses of the term
``reference facility'' with the term ``authorized facility'' in the
appropriate locations. See proposed Sec. 73.626(f)(2)(i)-(iii). The
proposed Sec. 73.626(b) states that ``For purposes of compliance with
this section, a station's `authorized service area' is defined as the
area within its predicted noise-limited service contour determined
using the facilities authorized for the station in a license or
construction permit for non-DTS, single-transmitter-location operation
(its ``authorized facility'').'' We further propose to replace the term
``reference point'' with ``site of its authorized facility'' in places
where the term ``reference point'' is improperly used. See proposed
Sec. 73.626(f)(2)(ii)-(iii). Finally, we propose to clarify when
specifically the Table of Distances values should be applied. See
proposed Sec. 73.626(f)(2)(i)-(ii).We believe this clarifying language
will better reflect the method described in the 2021 DTS Order and used
in processing such applications. We also propose to remove language
from Sec. 73.626(f)(2) which is improperly specific to the station's
authorized service area. As written, the language incorrectly implies
that the Table of Distances circle is not applicable here. We seek
comment on these proposals.
Transport Stream ID. All full-power and Class A TV stations are
assigned a unique transport stream ID (TSID), which is required to be
transmitted in order to provide the Program and System Information
Protocol (PSIP) data required by Sec. 73.682(d) (Broadcast television
transmission standard). Consistent with that rule, we propose to
clarify that all such stations must broadcast with their assigned TSID
during their hours of operation. See proposed Sec. 73.1201 (Station
identification); see also proposed Sec. 74.783(d) in the Part 74 NPRM
at para. 17. In its Second Periodic Review, the Commission stated that
``broadcasters are required to transmit the TSIDs assigned for their
stations in their digital transmission.'' See Second Periodic Review,
19 FCC Rcd at 18347-48, para. 153. We believe that it is in the public
interest to move this requirement into a separate rule for ease of
reference. Similarly, we propose the same requirement with respect to a
station's bit stream ID (BSID), which has the same function as the
TSID, but in the ATSC 3.0 context, in order to promote consistency. We
seek comment on these proposals.
Class A U.S.-Mexico Border Zone. Full power television stations are
required to use full service masks to attenuate the power level of
emissions outside their authorized channel of operation in specified
amounts expressed in decibels (dB). See 47 CFR 73.622(h) (describing
required attenuated power limits of emissions of frequencies outside
the authorized channel of operation for full power television
stations). Section 74.794, which allows LPTV/TV translators to specify
use of a simple, stringent, or full service mask, also applies to Class
A television stations. See 47 CFR 73.6024(d) and 74.794(a)(2). Section
74.794(a)(2)(i)-(iii) defines the required attenuated power limits of
emissions outside the authorize channel of operation for each type of
mask. The Commission's rules require coordination of applications in
border regions with the neighboring countries' appropriate regulatory
officials. Under the Exchange of Coordination Letters with IFT
Regarding DTV Transition and Reconfiguration of 600 MHz Spectrum,
signed between the FCC and Mexico's Instituto Federal de
Telecomunicaciones (IFT) in July 2015, the use of Tables 1 and 6 were
approved for television station realignment. See Letter to Ricardo
Casta[ntilde]eda Alvarez Director General de Ingenieria y Estudios
T[eacute]cnicos, IFT, from Mindel De La Torre, Chief, International
Bureau (July 15, 2015) and Letter to Mindel De La Torre, Chief,
International Bureau, from Alejandro Navarrete Torres, IFT (July 15,
2015) (collectively, ``Exchange of Coordination Letters with IFT
Regarding DTV Transition and Reconfiguration of 600 MHz Spectrum'').
See International Agreements, available at: <a href="https://www.fcc.gov/general/international-agreements">https://www.fcc.gov/general/international-agreements</a>. Class A stations approved by Mexico
in Table 6 are grouped with full-service stations. There is no
allowance for use of a simple or stringent emission mask for any
operation within these Tables; however, Sec. 73.6024(d) applies to
coordination of stations in proximity of the U.S. border with Mexico.
It is the Media Bureau staff's experience that IFT routinely requests
that applications submitted for coordination of Class A stations
specify a full-service emission mask, and if such applications do not
initially specify the full-service emission mask, IFT asks for it to be
included in an amendment. This two-step process increases the
processing burdens on the FCC, IFT, and stations, and results in delays
in granting applications. Therefore, we propose to amend Sec.
73.6024(d) to require Class A stations within 275 kilometers of the US-
Mexico border to specify a full-service emission mask in any
modification application. We seek comment on this proposal.
Class A Antenna System. We propose to delete language in Sec.
73.6025(a) that we find is almost identical to that in Sec.
73.625(c)(3). 47 CFR 73.6025(a) (Antenna system and station location)
(setting forth required showing when proposing to use a directional
antenna system) and 73.625(c)(3) (DTV coverage of principal community
and antenna systems). These rule sections provide similar requirements
regarding how applicants should describe and document antenna patterns
submitted in their applications. Some sections are identical
(specifically, Sec. 73.625(c)(3)(iii) is identical to Sec.
73.6025(a)(3), Sec. 73.625(c)(3)(iv) is identical to Sec.
73.6025(a)(4), and Sec. 73.625(c)(3)(vi) is identical to Sec.
73.6025(a)(5)), but in others there are a few minor differences.
Specifically, comparing Sec. 73.625(c)(3)(i) with Sec. 73.6025(a)(1),
although two sentences found in the latter concerning descriptions of
antenna systems are not specifically contained in Sec.
73.625(c)(3)(i), we believe these sentences are explanatory and
sufficiently captured in the requirement in Sec. 73.625(c)(3)(i) that
a ``[c]omplete description of the proposed antenna
[[Page 8651]]
system'' be included. Currently, Sec. 73.625(c)(3)(ii) also differs
slightly from Sec. 73.6025(a)(2) in that it specifies a different
orientation of the included antenna plots, but is otherwise identical
and would provide the same information to the Commission. We propose to
modify Sec. 73.625(c)(3)(ii). Finally, while there is no equivalent to
Sec. 73.625(c)(3)(v) in Sec. 73.6025; that subpart merely describes
the format of the otherwise-required tabulations. We propose to modify
Sec. 73.625(c)(3)(v). We are also proposing in this NPRM to add new
Sec. Sec. 73.625(c)(3)(vii) and (viii) to account for stations
submitting elevation or matrix patterns. See id. We find that the very
minor distinctions between the language in the two sections are
insignificant and that no purpose is served by having two essentially
duplicative rules in part 73. Class A licensees are required to comply
with all part 73 regulations except for those that cannot apply for
technical or other reasons. Class A Report and Order, 15 FCC Rcd at
6365, para. 23. Section 73.625(c)(3) is clearly a rule with which they
can comply. We instead propose to also cross-reference Sec.
73.625(c)(3) in Sec. 73.6025(a), eliminating the duplication but
making clear that the requirements in Sec. 73.625(c)(3) continue to
apply to Class A television stations. We seek comment on this proposal.
Minimum Video Program Requirements. As noted above, we propose to
delete much of Sec. 73.624(b). Section 73.6026 (Broadcast regulations
applicable to Class A television stations) lists section 73.624 as a
rule applicable to Class A stations. It also includes a note stating
that ``Section 73.624(b) will apply only to the extent that such
stations must also transmit at least one over-the-air video program
signal at no direct charge to viewers of the digital Class A station.''
Such language is also included in 73.624(b) and so we propose to remove
that text in 73.6026 as duplicative. We also propose to clarify that
this change would mandate the use of a minimum 480i video resolution by
Class A stations. This requirement is consistent with full-power and
LPTV/translator stations (as proposed in the Part 74 NPRM), and we
believe it is reasonable to also apply it consistently to Class A
stations. See Part 74 NPRM at para. 25. We seek comment on this
conclusion.
Transmitting Antenna Site. Section 73.683(c)(1), which we propose
to move to new Sec. 73.619(a)(1), refers to the estimation of a
station's coverage area based on a ``particular transmitter site.'' We
note that our application forms do not request information about the
location of a station transmitter but of its antenna instead.
Therefore, we propose to modify the language in the rule to refer
instead to a ``particular transmitting antenna site.'' We believe this
proposal is consistent with language that has been used in other parts
of the rules (see e.g., 47 CFR 73.622(d)), and with a proposal made in
the Part 74 NPRM. See Part 74 NPRM at para. 24 (``Because the antenna
location, rather than the transmitter location, is the relevant
consideration in determining interference, service, and loss, as
required by the Commission's rules and policies, we propose to delete
Sec. 74.751(b)(6) entirely regarding the transmitter's location, as it
is not relevant in this analysis.''). Accordingly, we seek comment on
this proposal.
Corrections To Inadvertent Oversights From Prior Rulemakings. In
Sec. 73.616(e), which we propose to relocate to new Sec. 73.620(d)
(Interference calculation and protection of TV broadcast services), the
rule text appears to be incomplete and contradictory. Paragraph (1)
indicates the OET Bulletin No. 69 method of determining coverage and
interference shall be used, then indicates that ``[t]he threshold
levels at which interference is considered to occur are:'' but none
follow. Paragraph (2) implies the use of contour analysis to determine
protection of Class A television stations, but does so while making use
of the unspecified threshold levels from paragraph (1). Paragraph (3)
indicates that a request for a waiver of the interference protection
requirements of the rule may be made using the Longley-Rice terrain
dependent propagation methods contained in OET Bulletin No. 69, in
contradiction to paragraph (1) which specifies that OET Bulletin No. 69
shall be used. Because these elements make the requirements of the rule
difficult to decipher, we propose to remove paragraphs (1), (2), and
(3) entirely and streamline the remaining paragraph (e) as a new Sec.
73.620(d), replacing the description of the OET Bulletin No. 69 in
paragraph (1) with a cross-reference to paragraphs (a) and (b) of the
new Sec. 73.620, which specifies the same method. We seek comment on
this proposal.
In the October 2021 Order, the Commission deleted Sec. 73.623(g)
as obsolete because it addressed the digital transition. See October
2021 Order at para. 13, n.44. Deletion of the section, however,
inadvertently eliminated from the rules the allowance for negotiated
agreements on interference among applicants and licensees. We propose
to restore this allowance that was previously contained in Sec.
73.623(g), modify the language to delete language referring to stations
operating on channels allotted in Sec. 73.622(b), the initial DTV
Table, and place it in a new Sec. 73.620(e). This would clarify in our
rules that stations may continue to negotiate agreements on
interference consistent with past and present practice. We seek comment
on this proposal.
In the Part 74 Order, the Commission revised or removed certain
paragraphs of Sec. 74.787 to reflect the LPTV and translator
transition from analog to digital operations, clean up duplicate
sections that were contained in both the analog and digital portions of
part 74, and provide accurate information about current Commission
forms. See Part 74 Order at paras. 6-7, nn. 22 and 25-28. The Part 74
Order revised Sec. 74.787(a)(5)(i) regarding applications for analog-
to-digital replacement translators (DRTs) and digital-to-digital
replacement television translators (DTDRTs) to state that
``[a]pplications for new DRTs and DTDRTs are no longer accepted.'' The
Part 74 Order also removed the first sentence of paragraph (a)(5)(v).
We propose to further amend the text of the rule by clarifying in the
now first sentence of paragraph (a)(5)(v) that the pre-auction digital
service area is the noise-limited contour of the full power station
that was protected in the incentive auction repacking process and
removing reference to a 2015 public notice. See 47 CFR 74.787(a)(5)(v)
(Licensing); see also Incentive Auction Task Force Releases Revised
Baseline Data and Prices for Reverse Auction; Announces Revised Filing
Window Dates, Public Notice, DA 15-1296, 30 FCC Rcd 12559 (Nov. 12,
2015). Because we no longer allow applications for new applications for
DTDRTs, we believe the reference to the public notice data is no longer
necessary and the inclusion of the additional explanation of the pre-
auction digital service area for stations that already hold DTDRTs
provides a clearer definition. We seek comment on this proposal.
Cost-Benefit and Diversity, Equity and Inclusion Analysis
Finally, we seek comment on the benefits and costs associated with
adopting the proposals set forth in this NPRM. In addition to any
benefits to the public at large, are there also benefits to industry
through adoption of any of our proposals? We also seek comment on any
potential costs that would be imposed on licensees, regulatees, and the
public if we adopt the proposals contained in this NPRM. Comments
should be accompanied by specific data
[[Page 8652]]
and analysis supporting claimed costs and benefits.
As part of our continuing effort to advance digital equity for all,
including people of color, persons with disabilities, persons who live
in rural or Tribal areas, and others who are or have been historically
underserved, marginalized, or adversely affected by persistent poverty
or inequality, we invite comment on how the proposals set forth in this
NPRM can advance equity in the provision of broadcast services for all
people of the United States, without discrimination on the basis of
race, color, religion, national origin, sex, or disability.
Specifically, we seek comment on how our proposals may promote or
inhibit advances in diversity, equity, inclusion, and accessibility, as
well the scope of the Commission's relevant legal authority.
Initial Regulatory Flexibility Act Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), pursuant to 5 U.S.C. 605(b), the Commission has prepared this
Initial Regulatory Flexibility Act Analysis (IRFA) of the possible
significant economic impact on a substantial number of small entities
by the policies and rules proposed in this notice of proposed
rulemaking (NPRM). Written public comments are requested on this IRFA.
Comments must be identified as responses to the IRFA and must be filed
by the deadlines for comments specified in the DATES section of this
NPRM. The Commission will send a copy of this NPRM, including this
IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration (SBA). In addition, this NPRM and IRFA (or summaries
thereof) will be published in the Federal Register.
Need for, and Objectives of, the Proposed Rules
This NPRM seeks comment on a number of proposals as part of the
Commission's effort to update its rules following the transition from
analog to digital-only operations and the post-incentive auction
transition to a smaller television band with fewer channels. This NPRM
proposes to delete, update, or otherwise revise Commission rules that
no longer have any practical effect given these historic changes. This
NPRM also seeks to restructure subpart E of part 73 of the Commission's
rules (47 CFR subchapter C, part 73), which largely consists of the
technical licensing, operating, and interference rules for full power
television. Finally, this NPRM proposes additional amendments to the
full power and Class A rules, including technical updates and proposals
to delete, update, and/or amend outdated rules.
This NPRM proposes to adopt revisions to part 73 to reflect that
all television services have ceased analog operations, and the
conversion to digital television technology. Similarly, this NPRM
proposes to amend rule section headings and language in part 73 to
remove references to DTV and digital television service since all
television services have transitioned from analog to digital operations
and thus, there is no further need to differentiate between two
separate kinds of service. In addition, this NPRM proposes to delete
outdated rules that are no longer valid given changes in Commission-
adopted policy. This NPRM also proposes to update Commission rules to
reference the current designation for form numbers, require electronic
filing in LMS, and remove obsolete forms. In addition, this NPRM
proposes to make a number of other corrections and updates to the full
power television and Class A rules, including to correct inadvertent
oversights in prior rulemakings.
In addition, this NPRM seeks to add an explanatory note to Sec.
73.623 to reference and explain the existence of a granted waiver with
respect to the community of Los Angeles, California. Section 73.623 of
the rules requires television stations to protect certain channels for
use by the land mobile radio service in thirteen U.S. cities listed in
the rule. In 2008, the Commission's Public Safety and Homeland Security
Bureau granted a waiver pursuant to Sec. 337(c) of the Communications
Act, as amended, allowing the County of Los Angeles to use channel 15
in Los Angeles for public safety communications. Because this channel
is adjacent to two channels contained in Sec. 73.623, this NPRM
asserts that the public interest is served by including a Note
explaining the existence of the 2008 waiver.
To reflect the fact that the post-incentive auction closed on April
13, 2017, this NPRM proposes to amend Sec. 73.3700(a)(2) to add the
citation to the Channel Reassignment Public Notice that was released by
the Commission's Media and Wireless Telecommunications Bureaus and
Incentive Auction Task Force announcing the completion of the auction
and deadlines for stations assigned new channels through the repacking
process to terminate operations on pre-auction channels. This NPRM also
proposes to delete as obsolete certain definitions that relate to the
bid options that were available to full power and Class A television
broadcasters eligible to participate in the incentive auction. This
NPRM proposes to delete as obsolete procedural rules that governed the
post-incentive auction period for stations to transition off their pre-
auction channel, which ended on July 13, 2020, including the portions
of the rule pertaining to the special post-incentive auction
displacement filing window which closed on June 1, 2018, and applied to
low power television and television translator stations (``LPTV/TV
translators'') displaced by the auction.
Regarding the listing of FCC policies in Sec. Sec. 73.4000 et
seq., which provide certain FCC policies and citations related to all
broadcast stations for the purpose of reference and convenience, this
NPRM proposes to amend a number of rules that are now otherwise
obsolete or require updates. For example, this NPRM proposes to update
rules to reflect the availability of newer versions of procedures and
Commission orders such as the ``The Public and Broadcasting'' procedure
manual.
This NPRM proposes to delete obsolete language due to the passage
of time and other changes in Commission policy, including language
related to the protection of pre-transition DTV applications filed
before December 31, 1999, or between December 31, 1999, and May 1,
2000, certain waiver requests related to the incentive auction,
displacements of Class A stations due to digital channel allotment
changes by full power television stations that have since been
resolved, the period of construction for an original construction
permit which tolled for certain reasons of international coordination
during the DTV transition, the certification of equipment that the
Commission no longer accepts, and references to mutually exclusive
renewal proceedings for applications filed prior to May 1, 1995. This
NPRM also proposes to delete past license renewal application filing
dates for all radio and television broadcast stations, and provide
updated dates.
During the course of the transition to from analog to digital
television, the Commission adopted a number of rules, many of which
were temporary and meant to be effective only during the transition.
Others, however, had more long term application to digital operations.
Because the more long term rules were adopted at the same time as
temporary rules, the long term rules are currently not organized in a
straight forward or user-friendly manner. As a result, this NPRM seeks
to reorganize subpart E of part 73, including creating cross-references
to the rules reorganized
[[Page 8653]]
for ease, in order to make the rules more practical and easier to find.
This NPRM also seeks comment on updating the coordinates found in
Sec. 73.623(e) from North American Datum (``NAD'') 27 to NAD 83 and
otherwise conforming the values with the coordinate system used in the
Commission's Licensing and Management System (``LMS'') database and
with those found in Sec. 90.303(b) of the rules, which define the
service that Sec. 73.623(e) protects.
In addition, this NPRM proposes to amend Sec. 73.1620(a)(1) to
remind full power and Class A television stations on channel 14 of the
requirement found in Sec. 73.687(e)(4)(iii) that they request Program
Test Authority (``PTA'') prior to commencing operation of new or
modified facilities. This NPRM also proposes to amend the rule to
require LPTV and translator stations on channel 14 to request PTA prior
to beginning operation of new or modified facilities.
This NPRM also proposes a number of changes to the rules which are
obsolete, unnecessary, and are otherwise superseded by the software
based tools that the Commission and industry use to prepare and process
applications. Also, Sec. 73.625 specifies a number of paper maps which
should be used to prepare the profile graphs and to determine the
location and height above sea level of the antenna height. This NPRM
proposes to remove those references to outmoded paper maps and replace
them with a reference to the National Elevation Dataset and other
similar bald earth terrain datasets which are used by modern automated
software currently used by the Commission and industry. This NPRM
proposes to clarify that Commission staff generally expects these
calculations to be done via computer, versus the preference for paper
calculations that was specified previously, and then indicate that to
the extent a submission to the Commission uses sources different from
those officially reflected in the Commission's rules, those sources
should be clearly identified in the submission.
This NPRM proposes to clarify, in Sec. 73.625(c)(3)(ii) of the
rules, that the horizontal power is to be higher than or equal to the
vertical power in all directions, and require documentation that the
antenna meets this requirement. This NPRM also proposes to update the
rule to reflect that the LMS filing system permits an alternate method
of specifying mechanically beam tilted facilities. The proposed rule
indicates the alternate method is preferable because it provides a
three-dimensional representation of the antenna, allowing for more
accurate predictions with OET Bulletin No. 69. But the Commission
continues to allow the previous method in order to avoid imposing any
additional burden on stations that were previously authorized using the
previous mechanical beam tilt method.
Section 73.625(c)(3)(v) currently requires that horizontal plane
patterns be plotted ``to the largest scale possible on unglazed letter-
size polar coordinate paper.'' This requirement is outdated and not
consistent with current licensee and Commission staff practices. This
NPRM proposes to instead require licensees to submit patterns in the
form of a .pdf attachment to an application filed in LMS, and propose
to clarify that similar plots are required for elevation or matrix
patterns submitted in the LMS form. This approach would provide
flexibility to applicants and conform to modern practices.
With the elimination of analog service, there are no full power
television stations operating pursuant to the subscription television
(``STV'') rules, which allowed analog stations to offer a subscription
television service ``for a fee or charge'' given that there are no full
power television stations operating pursuant to the STV rules and
digital television stations are permitted to provide STV-type services
on an ancillary or supplementary basis to their primary digital
television service, and LMS does not permit the filing of applications
or requests to operate in an STV mode. Accordingly, Sec. Sec. 73.641
through 73.644, 73.4247, 73.6026, and 74.732(e) are obsolete and we
propose to eliminate them.
In 2000, the Commission adopted a needs based test in Sec.
73.622(a) for future rulemakings allowing noncommercial educational
(NCE) entities to request that ``non-reserved channels not already in
the Table of Allotments be added and reserved for NCE use.'' This NPRM
proposes to amend Sec. 73.622(a) to remove this language as Commission
staff does not believe it serves a practical purpose in the current
environment. Commission staff does not intend, however, to eliminate
the ability of an NCE entity to reserve one of the few vacant
television channels currently in the Table of TV Allotments. An NCE
entity may still file a rulemaking petition to request that the
Commission reserve the channel for noncommercial educational use,
without being required to rely on the special process enumerated in
Sec. 73.622(a).
Section 73.3543 provides that no new special service authorizations
may be issued after 1958, however, renewals or modifications will be
considered in certain circumstances. The Commission staff is unaware of
any such authorizations today, and the Commission tentatively concludes
the rule is obsolete and can be deleted. This NPRM proposes to delete
the rule and seeks comment on this proposal.
Section 0.434 refers to the Broadcast Application Processing System
(BAPS), which is a legacy database system that has not been in use at
the Commission for many years. The NPRM proposes to update the rule to
reflect the current application television filing and processing
databases and methods for viewing the databases.
In January 2021, the Commission adopted updated rules in Sec.
73.626 relating to Distributed Transmission Systems (``DTS''). Since
that time, questions have arisen about how the rules are to be applied.
To make the intent and application of the rule less ambiguous, this
NPRM proposes to modify language in 73.626(b) and (f)(2) to define
certain terms and make clarifications that will better reflect the
method described in the 2021 DTS Order and used in processing such
applications.
All full-power and Class A TV stations are assigned a transport
stream ID (``TSID''), which is required to be transmitted in order to
provide the Program and System Information Protocol (``PSIP'') data
required by Sec. 73.682(d). Consistent with that rule, this NPRM
proposes to clarify that all such stations must broadcast with their
assigned TSID during their hours of operation. For the same reason, the
NPRM proposes the same requirement with respect to a station's bit
stream ID (``BSID''), which has the same function as the TSID, but in
the ATSC 3.0 context.
The Commission's rules require coordination of applications in
border regions with the neighboring countries' appropriate regulatory
officials. Under the Exchange of Coordination Letters with IFT
Regarding DTV Transition and Reconfiguration of 600 MHz Spectrum,
signed between the FCC and Mexico's Instituto Federal de
Telecomunicaciones (``IFT'') in July 2015, Class A stations approved by
Mexico are grouped with full-service stations. It is the Media Bureau
staff's experience that IFT routinely requests that applications
submitted for coordination of Class A stations specify a full-service
emission mask, and if such applications do not initially specify the
full-service emission mask, IFT asks for it to be included in an
amendment. This two-step process increases the processing burdens on
the FCC, IFT, and stations, and results in delays in granting
applications. Therefore, this NPRM proposes to amend Sec. 73.6024(d)
[[Page 8654]]
to require Class A stations within 275 kilometers of the US-Mexico
border to specify a full-service emission mask in any modification
application.
This NPRM proposes to delete language in Sec. 73.6025(a) that is
almost identical to that in Sec. 73.625(c)(3). These rule sections
provide similar requirements regarding how applicants should describe
and document antenna patterns submitted in their applications. This
NPRM proposes to cross-reference Sec. 73.625(c)(3) in Sec.
73.6025(a), eliminating the duplication but making clear that the
requirements in Sec. 73.625(c)(3) continue to apply to Class A
television stations. We seek comment on this proposal.
Section 73.6026 lists Sec. 73.624 as a rule applicable to Class A
stations. It also includes a note stating that ``Section 73.624(b) will
apply only to the extent that such stations must also transmit at least
one over-the-air video program signal at no direct charge to viewers of
the digital Class A station.'' Such language is also included in Sec.
73.624(b) and so this NPRM proposes to remove that text in Sec.
73.6026 as duplicative. This NPRM also proposes to clarify that this
change would mandate the use of a minimum 480i video resolution by
Class A stations, consistent with our proposal with respect to full
power and LPTV/translator stations in our earlier adopted Part 74 NPRM,
FCC 22-58, (rel. July 13, 2022).
Legal Basis
The proposed action is authorized under sections 1, 4, 301, 303,
307, 308, 309, 310, 316, 319, and 336 of the Communications Act of
1934, as amended, 47 U.S.C. 151, 154, 301, 303, 307, 308, 309, 310,
316, 319, 336.
Description and Estimate of the Number of Small Entities to Which the
Proposed Rules Will Apply
The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act (SBA). A small business concern is one which: (1) is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA.
Below, we provide a description of the impacted small entities, as
well as an estimate of the number of such small entities, where
feasible.
Television Broadcasting. This industry is comprised of
``establishments primarily engaged in broadcasting images together with
sound.'' These establishments operate television broadcast studios and
facilities for the programming and transmission of programs to the
public. These establishments also produce or transmit visual
programming to affiliated broadcast television stations, which in turn
broadcast the programs to the public on a predetermined schedule.
Programming may originate in their own studio, from an affiliated
network, or from external sources. The SBA small business size standard
for this industry classifies businesses having $41.5 million or less in
annual receipts as small. The 2017 U.S. Census Bureau data indicate
that 744 firms in this industry operated for the entire year. Of that
number, 657 firms had revenue of less than $25,000,000. Based on this
data we estimate that the majority of television broadcasters are small
entities under the SBA small business size standard.
The Commission estimates that as of June 2022, there were 1,372
licensed commercial television stations. Of this total, 1,280 stations
(or 93.2%) had revenues of $41.5 million or less in 2021, according to
Commission staff review of the BIA Kelsey Inc. Media Access Pro
Television Database (BIA) on June 1, 2022, and therefore these
licensees qualify as small entities under the SBA definition. In
addition, the Commission estimates that as of June 2022, there were 384
licensed noncommercial educational (NCE) television stations, 383 Class
A TV stations, 1,865 LPTV stations and 3,224 TV translator stations.
The Commission, however, does not compile and otherwise does not have
access to financial information for these television broadcast stations
that would permit it to determine how many of these stations qualify as
small entities under the SBA small business size standard.
Nevertheless, given the SBA's large annual receipts threshold for this
industry and the nature of these television station licensees, we
presume that all of these entities qualify as small entities under the
above SBA small business size standard.
Radio Stations. This industry is comprised of ``establishments
primarily engaged in broadcasting aural programs by radio to the
public.'' Programming may originate in their own studio, from an
affiliated network, or from external sources. The SBA small business
size standard for this industry classifies firms having $41.5 million
or less in annual receipts as small. U.S. Census Bureau data for 2017
show that 2,963 firms operated in this industry during that year. Of
this number, 1,879 firms operated with revenue of less than $25 million
per year. Based on this data and the SBA's small business size
standard, we estimate a majority of such entities are small entities.
The Commission estimates that as of June 30, 2022, there were 4,498
licensed commercial AM radio stations and 6,689 licensed commercial FM
radio stations, for a combined total of 11,187 commercial radio
stations. Of this total, 11,185 stations (or 99.98%) had revenues of
$41.5 million or less in 2021, according to Commission staff review of
the BIA Kelsey Inc. Media Access Pro Database (BIA) on June 1, 2022,
and therefore these licensees qualify as small entities under the SBA
definition. In addition, the Commission estimates that as of June 30,
2022, there were 4,184 licensed noncommercial (NCE) FM radio stations,
2,034 low power FM (LPFM) stations, and 8,951 FM translators and
boosters. The Commission however does not compile, and otherwise does
not have access to financial information for these radio stations that
would permit it to determine how many of these stations qualify as
small entities under the SBA small business size standard.
Nevertheless, given the SBA's large annual receipts threshold for this
industry and the nature of radio station licensees, we presume that all
of these entities qualify as small entities under the above SBA small
business size standard.
We note, however, that in assessing whether a business concern
qualifies as ``small'' under the above definition, business (control)
affiliations must be included. Our estimate, therefore, likely
overstates the number of small entities that might be affected by our
action, because the revenue figure on which it is based does not
include or aggregate revenues from affiliated companies. In addition,
another element of the definition of ``small business'' requires that
an entity not be dominant in its field of operation. We are unable at
this time to define or quantify the criteria that would establish
whether a specific radio or television broadcast station is dominant in
its field of operation. Accordingly, the estimate of small businesses
to which the rules may apply does not exclude any radio or television
station from the definition of a small business on this basis and is
therefore possibly over-inclusive. An additional element of the
definition of ``small business'' is that the entity must be
[[Page 8655]]
independently owned and operated. Because it is difficult to assess
these criteria in the context of media entities, the estimate of small
businesses to which the rules may apply does not exclude any radio or
television station from the definition of a small business on this
basis and similarly may be over-inclusive.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
The NPRM proposes modified reporting requirements. The Commission
seeks comment on whether television stations should be able to now make
certain required notifications through filings procedures in LMS as
opposed to by letter, as has been the case. Similarly, the Commission
seeks comment on its proposals to update Commission rules to reference
the current designation for form numbers, require electronic filing in
LMS, and remove obsolete forms. Should the Commission ultimately decide
to adopt these requirements, they would result in a modified paperwork
obligation. The Commission anticipates that this option will lessen the
physical burden on small entities. The Commission will have to consider
the benefits and costs of allowing television stations to submit
certain notifications in LMS. If adopted, the Commission will seek
approval and the corresponding burdens to account for this modified
reporting requirement. We expect the comments we receive from the
parties in the proceeding, including cost and benefit analyses, will
help the Commission to identify and evaluate compliance costs and
burdens for small businesses that may result from the matters discussed
in the NPRM.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
The RFA requires an agency to describe any significant
alternatives, specifically small business, that it has considered in
reaching its proposed approach, which may include the following four
alternatives (among others): (1) the establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance or
reporting requirements under the rule for such small entities; (3) the
use of performance, rather than design, standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities. See 5 U.S.C. 603(c)(1)-(4).
This NPRM seeks comment on a number of proposals that would codify
Commission staff's current practices or better reflect technological
advancements in the industry. The Commission does not have supporting
data at this time to determine if there will or will not be an economic
impact on small businesses as a result of the proposed rule amendments
and/or deletions. However, the Commission anticipates that the proposed
rule updates and reorganization generally will lessen the burdens on
small entities. For example, Sec. 73.625(b)(5) specifies a number of
paper maps which should be used to prepare the profile graphs described
in paragraph (b)(4), and to determine the location and height above sea
level of the antenna height. Commission staff believes that multiple
references to various sources of paper maps contained in the rule are
outdated methods to make these types of calculations. This NPRM
therefore proposes to remove those references to outmoded paper maps
and replace them with a reference to the National Elevation Dataset and
other similar bald earth terrain datasets which are used by modern
automated software currently used by the Commission and industry.
Moreover, Sec. 73.625(b)(4) describes how to plot certain radials on a
graph and provides a range of options for the number of points of
elevation to use in each radial. This NPRM proposes to conform the
requirement to reference the TVStudy software currently used for
preparing and processing applications, and specify the use of 10 points
per kilometer in all circumstances consistent with present practice
found in the TVStudy software used by the Commission and licensees to
process and prepare applications. These proposals are an attempt to
simplify, streamline, and modernize existing rules and procedures that
will enable television stations to more easily comply with licensing
requirements through familiar and low cost measures.
In addition, this NPRM seeks to avoid imposing additional burdens
on television stations where practicable. For example, this NPRM
proposes to update Sec. 73.625(c)(3)(ii) to reflect that the LMS
filing system permits an alternate method of specifying mechanically
beam tilted facilities. The proposed rule indicates the alternate
method is preferable because it provides a three-dimensional
representation of the antenna, allowing for more accurate predictions
with OET Bulletin No. 69. But Commission staff continues to allow the
previous method in order to avoid imposing any additional burden on
stations that were previously authorized using the previous mechanical
beam tilt method.
Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
None.
Report to Congress
The Commission will send a copy of this NPRM including the IRFA, in
a report to be sent to Congress pursuant to the Congressional Review
Act. In addition, the Commission will send a copy of the NPRM including
the IRFA, to the Chief Counsel for Advocacy of the SBA. A copy of this
NPRM and IRFA (or summaries thereof) will also be published in the
Federal Register.
List of Subjects
47 CFR Parts 0
Authority delegations (Government agencies), Organization and
functions (Government agencies)
47 CFR Part 27
Communications common carriers.
47 CFR Part 73
Full power TV, Class A TV, Incorporated by reference.
47 CFR Part 74
Low power TV, TV translator stations.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Proposed Regulations
For the reasons discussed in the preamble, the Federal
Communications Commission proposes to amend 47 CFR parts 0, 27, 73, and
74 to read as follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for part 0 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, and 409,
unless otherwise noted.
0
2. Revise Sec. 0.434 to read as follows:
Sec. 0.434 Data bases and lists of authorized broadcast stations and
pending broadcast applications.
The FCC makes available its data bases, Consolidated Database
System (CDBS) and Licensing and Management System (LMS), containing
information about authorized broadcast stations, pending applications
for such stations, and rulemaking proceedings involving amendments to
the TV and FM Table of Allotments. CDBS and LMS contain frequencies,
station locations, and other
[[Page 8656]]
particulars. CDBS and LMS may be viewed at the Commission's website at
<a href="http://www.fcc.gov">www.fcc.gov</a> under Media Bureau.
PART 27--MISCELLANEOUS WIRELESS COMMUNICATIONS SERVICE
0
3. The authority citation for part 27 continues to read as follows:
Authority: 47 U.S.C. 154, 301, 302a, 303, 307, 309, 332, 336,
337, 1403, 1404, 1451, and 1452, unless otherwise noted.
Sec. 27.60 [Removed and Reserved]
0
4. Remove and reserve Sec. 27.60.
Sec. 27.1310 [Removed and Reserved]
0
5. Remove and reserve Sec. 27.1310.
PART 73--RADIO BROADCAST SERVICES
0
6. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
336, 339.
0
7. Section 73.611 is added to read as follows:
Sec. 73.611 Emission levels and mask filter.
(a) The power level of emissions on frequencies outside the
authorized channel of operation must be attenuated no less than the
following amounts below the average transmitted power within the
authorized channel. In the first 500 kHz from the channel edge the
emissions must be attenuated no less than 47 dB. More than 6 MHz from
the channel edge, emissions must be attenuated no less than 110 dB. At
any frequency between 0.5 and 6 MHz from the channel edge, emissions
must be attenuated no less than the value determined by the following
formula:
Formula 1 to paragraph (a)
Attenuation in dB = -11.5([Delta]f + 3.6);
Where:
[Delta]f = frequency difference in MHz from the edge of the channel.
(b) This attenuation is based on a measurement bandwidth of 500
kHz. Other measurement bandwidths may be used as long as appropriate
correction factors are applied. Measurements need not be made any
closer to the band edge than one half of the resolution bandwidth of
the measuring instrument. Emissions include sidebands, spurious
emissions and radio frequency harmonics. Attenuation is to be measured
at the output terminals of the transmitter (including any filters that
may be employed). In the event of interference caused to any service,
greater attenuation may be required.
0
8. Section 73.612 is revised to read as follows:
Sec. 73.612 Protection from interference.
(a) Permittees and licensees of TV broadcast stations are not
protected from any interference which may be caused by the grant of a
new station or of authority to modify the facilities of an existing
station in accordance with the provisions of this subpart. The nature
and extent of the protection from interference accorded to TV broadcast
stations is limited solely to the protection which results from the
interference protection requirements set forth in this subpart.
(b) [Reserved]
Sec. 73.613 [Removed and Reserved]
0
9. Remove and reserve Sec. 73.613.
0
10. Amend Sec. 73.614 by:
0
a. Revising paragraphs (a), (b) introductory text, (b)(1) through (3);
0
b. Removing and reserving paragraphs (b)(4) and (5);
0
c. Revising paragraph (b)(6); and
0
d. Removing paragraph (b)(7).
The revisions read as follows:
Sec. 73.614 Power and antenna height requirements.
(a) Minimum requirements. Applications will not be accepted for
filing if they specify less than 100 watts horizontally polarized
visual effective radiated power (ERP) in any horizontal direction. No
minimum antenna height above average terrain (HAAT) is specified. For
stations requesting DTS operation pursuant to Sec. 73.626, this
requirement applies to at least one site in the DTS.
(b) Maximum power. Applications for new full power television
stations, for changes in authorized full power television stations, and
petitions for changes to the Table of TV Allotments, will not be
accepted for filing if they specify a power which exceeds the maximum
permitted boundaries specified in the following formulas:
(1) A TV station that operates on a channel 2-6 allotment will be
allowed a maximum ERP of 10 kW if its antenna HAAT is at or below 305
meters and it is located in Zone I or a maximum ERP of 45 kW if its
antenna HAAT is at or below 305 meters and it is located in Zone II or
Zone III.
(i) At higher HAAT levels, such TV stations will be allowed to
operate with lower maximum ERP levels in accordance with the following
table and formulas (the allowable maximum ERP for intermediate values
of HAAT is determined using linear interpolation based on the units
employed in the table):
Table 1 to Paragraph (b)(1)(i)--Maximum Allowable ERP and Antenna Height
for TV Stations in Zones II or III on Channels 2-6
------------------------------------------------------------------------
Antenna HAAT (meters) ERP (kW)
------------------------------------------------------------------------
610.......................................................... 10
580.......................................................... 11
550.......................................................... 12
520.......................................................... 14
490.......................................................... 16
460.......................................................... 19
425.......................................................... 22
395.......................................................... 26
365.......................................................... 31
335.......................................................... 37
305.......................................................... 45
------------------------------------------------------------------------
(ii) For TV stations located in Zone I that operate on channels 2-6
with an HAAT that exceeds 305 meters, the allowable maximum ERP
expressed in decibels above 1 kW (dBk) is determined using the
following formula, with HAAT expressed in meters:
ERP<INF>max</INF> = 92.57-33.24 * log<INF>10</INF>(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:
ERP<INF>max</INF> = 57.57-17.08 * log<INF>10</INF>(HAAT)
(2) A TV station that operates on a channel 7-13 allotment will be
allowed a maximum ERP of 30 kW if its antenna HAAT is at or below 305
meters and it is located in Zone I or a maximum ERP of 160 kW if its
antenna HAAT is at or below 305 meters and it is located in Zone II or
Zone III.
(i) At higher HAAT levels, such TV stations will be allowed to
operate with lower maximum ERP levels in accordance with the following
table and formulas (the allowable maximum ERP for intermediate values
of HAAT is determined using linear interpolation based on the units
employed in the table):
Table 2 to Paragraph (b)(2)(i)--Maximum Allowable ERP and Antenna Height
for TV Stations in Zones II or III on Channels 7-13
------------------------------------------------------------------------
Antenna HAAT (meters) ERP (kW)
------------------------------------------------------------------------
610.......................................................... 30
580.......................................................... 34
550.......................................................... 40
520.......................................................... 47
490.......................................................... 54
460.......................................................... 64
425.......................................................... 76
395.......................................................... 92
[[Page 8657]]
365.......................................................... 110
335.......................................................... 132
305.......................................................... 160
------------------------------------------------------------------------
(ii) For TV stations located in Zone I that operate on channels 7-
13 with an HAAT that exceeds 305 meters, the allowable maximum ERP
expressed in decibels above 1 kW (dBk) is determined using the
following formula, with HAAT expressed in meters:
ERP<INF>max</INF> = 97.35-33.24 * log<INF>10</INF>(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:
ERP<INF>max</INF> = 62.34-17.08 * log<INF>10</INF>(HAAT)
(3) A TV station that operates on a channel 14-36 allotment will be
allowed a maximum ERP of 1,000 kW if its antenna HAAT is at or below
365 meters.
(i) At higher HAAT levels, such TV stations will be allowed to
operates with lower maximum ERP levels in accordance with the following
table and formulas (the allowable maximum ERP for intermediate values
of HAAT is determined using linear interpolation based on the units
employed in the table):
Table 3 to Paragraph (b)(3)(i)--Maximum Allowable ERP and Antenna Height
for TV Stations on Channels 14-36, All Zones
------------------------------------------------------------------------
Antenna HAAT (meters) ERP (kW)
------------------------------------------------------------------------
610.......................................................... 316
580.......................................................... 350
550.......................................................... 400
520.......................................................... 460
490.......................................................... 540
460.......................................................... 630
425.......................................................... 750
395.......................................................... 900
365.......................................................... 1,000
------------------------------------------------------------------------
(ii) For TV stations located in Zone I, II or III that operate on
channels 14-36 with an HAAT that exceeds 610 meters, the allowable
maximum ERP expressed in decibels above 1 kW (dBk) is determined using
the following formula, with HAAT expressed in meters:
ERP<INF>max</INF> = 72.57-17.08 * log<INF>10</INF>(HAAT)
Where:
ERP<INF>Max</INF> = Maximum Effective Radiated Power measured in
decibels above 1 kW (dBk).
HAAT = Height Above Average Terrain measured in meters.
(4) [Reserved]
(5) [Reserved]
(6) The effective radiated power in any horizontal or vertical
direction may not exceed the maximum values permitted by this section,
except that licensees and permittees may request an increase in either
ERP in some azimuthal direction or antenna HAAT, or both, up to the
maximum permissible limits on TV power set forth in paragraph (b)(1),
(2), or (3) of this section, as appropriate, up to that needed to
provide the same geographic coverage area as the largest station within
their market. Such requests must be accompanied by a technical showing
that the increase complies with the technical criteria in Sec. 73.620,
and thereby will not result in new interference exceeding the de
minimis standard set forth in that section, or statements agreeing to
the change from any co-channel or adjacent channel stations that might
be affected by potential new interference, in accordance with Sec.
73.620(e). For the purposes of this paragraph:
(i) The maximum ERP value shall not exceed the maximum permitted at
any height within the relevant zone consistent with the values
permitted in paragraph (b)(1), (2), or (3) of this section. The
associated maximum height for that given ERP may be exceeded.
(ii) Stations in the same Nielsen DMA are considered to be in the
same market.
(iii) ``Geographic coverage area'' is defined as the number of
square kilometers found within a station's F(50,90) contour as
calculated in Sec. 73.619. A station taking advantage of this
provision need not specify coverage that is congruent with or
encompassed by the largest station in the market.
* * * * *
Sec. 73.615 [Removed and Reserved]
0
11. Remove and reserve Sec. 73.615.
0
12. Section 73.616 is amended by:
0
a. Revising the section heading;
0
b. Removing and reserving paragraphs (a), (b), and (c), and the
introductory text to paragraph (d);
0
c. Revising the introductory text to paragraph (d)(1); and
0
d. Removing and reserving paragraphs (d)(2), (e) and (g).
The revisions read as follows:
Sec. 73.616 References to TV station interference protection
methodology.
* * * * *
(d) [Reserved]
(1) For evaluating compliance with the requirements of this
paragraph, interference to populations served is to be predicted based
on the most recent official decennial U.S. Census population data as
identified by the Media Bureau in a Public Notice issued not less than
60 days prior to use of the data for a specific year in application
processing and otherwise according to the procedure set forth in OET
Bulletin No. 69: ``Longley-Rice Methodology for Evaluating TV Coverage
and Interference'' (February 6, 2004) (incorporated by reference, see
Sec. 73.8000), including population served within service areas
determined in accordance with Sec. 73.619, consideration of whether
F(50,10) undesired signals will exceed the following desired-to-
undesired (D/U) signal ratios, assumed use of a directional receiving
antenna, and use of the terrain dependent Longley-Rice point-to-point
propagation model. Applicants may request the use of a cell size other
than the default of 2.0 km per side, but only requests for cell sizes
of 1.0 km per side or 0.5 km per side will be considered. The threshold
levels at which interference is considered to occur are:
* * * * *
0
13. Section 73.617 is added to read as follows:
Sec. 73.617 Interference protection of other services.
(a) Protection of land mobile operations on channels 14-20. The
Commission will not accept petitions to amend the Table of TV
Allotments, applications for new TV stations, or applications to change
the channel or location of authorized TV stations that would use
channels 14-20 where the distance between the TV reference coordinates
as defined in Sec. 73.622(d), would be located less than 250 km from
the city center of a co-channel land mobile operation or 176 km from
the city center of an adjacent channel land mobile operation. Such
filings that do not meet the minimum TV-to-land mobile spacing
standards will, however, be considered where all affected land mobile
licensees consent to the requested action. Land mobile operations are
authorized on these channels in the following markets:
[[Page 8658]]
Table 1 to Paragraph (a)--Land Mobile Operations To Be Protected
----------------------------------------------------------------------------------------------------------------
City Channels Latitude Longitude
----------------------------------------------------------------------------------------------------------------
Boston, MA................................................ 14, 16 42[deg]21'24.4'' 71[deg]03'23.2''
Chicago, IL............................................... 14, 15 41[deg]52'28.1'' 87[deg]38'22.2''
Cleveland, OH............................................. 14, 15 41[deg]29'51.2'' 81[deg]49'49.5''
Dallas, TX................................................ 16 32[deg]47'09.5'' 96[deg]47'38.0''
Detroit, MI............................................... 15, 16 42[deg]19'48.1'' 83[deg]02'56.7''
Houston, TX............................................... 17 29[deg]45'26.8'' 95[deg]21'37.8''
Los Angeles, CA........................................... 14, 16, 20 34[deg]03'15.0'' 118[deg]14'31.3''
Miami, FL................................................. 14 25[deg]46'38.4'' 80[deg]11'31.2''
New York, NY.............................................. 14, 15, 16 40[deg]45'06.4'' 73[deg]59'37.5''
Philadelphia, PA.......................................... 19, 20 39[deg]56'58.4'' 75[deg]09'19.6''
Pittsburgh, PA............................................ 14, 18 40[deg]26'19.2'' 79[deg]59'59.2''
San Francisco, CA......................................... 16, 17 37[deg]46'38.7'' 122[deg]24'43.9''
Washington, DC............................................ 17, 18 38[deg]53'51.4'' 77[deg]00'31.9''
----------------------------------------------------------------------------------------------------------------
Note 1 to paragraph (a). The Chief, Public Safety and Homeland
Security Bureau, waived the rules to allow channel 15 to be used for
land mobile operation in Los Angeles County, CA (DA 08-2823; adopted
December 30, 2008). Notwithstanding the channels listed in paragraph
(a) of this section, the waiver requires television stations to
protect this land mobile operation.
(b) Protection of land mobile operations below channel 14. (1) TV
broadcast stations operating on Channel 14 must take special
precautions to avoid interference to adjacent spectrum land mobile
radio service facilities. Where a TV station is authorized and
operating prior to the authorization and operation of the land mobile
facility, a Channel 14 station must attenuate its emissions within the
frequency range 467 to 470 MHz if necessary to permit reasonable use of
the adjacent frequencies by land mobile licensees.
(2) The requirements listed below apply to permittees authorized to
construct a new station on TV Channel 14, and to licensees authorized
to change the channel of an existing station to Channel 14, to increase
effective radiated power (ERP) (including any change in directional
antenna characteristics that results in an increase in ERP in any
direction), or to change the transmitting location of an existing
station.
(i) For the purposes of this paragraph (b), a protected land mobile
facility is a receiver that is intended to receive transmissions from
licensed land mobile stations within the frequency band below 470 MHz,
and is associated with one or more land mobile stations for which a
license has been issued by the Commission, or a proper application has
been received by the Commission prior to the date of the filing of the
TV construction permit application. However, a land mobile facility
will not be protected if it is proposed in an application that is
denied or dismissed and that action is no longer subject to Commission
review. Further, if the land mobile station is not operating when the
TV facility commences operation and it does not commence operation
within the time permitted by its authorization in accordance with part
90 of this chapter, it will not be protected.
(ii) A TV permittee must take steps before construction to identify
potential interference to normal land mobile operation that could be
caused by TV emissions outside the authorized channel, land mobile
receiver desensitization or intermodulation. It must install filters
and take other precautions as necessary, and submit evidence that no
interference is being caused before it will be permitted to transmit
programming on the new facilities pursuant to the provisions of Sec.
73.1615 or Sec. 73.1620 of this part. A TV permittee must reduce its
emissions within the land mobile channel of a protected land mobile
facility that is receiving interference caused by the TV emission
producing a vertically polarized signal and a field strength in excess
of 17 dBu at the land mobile receiver site on the land mobile
frequency. The TV emission should be measured with equipment set to a
30 kHz measurement bandwidth including the entire applicable land
mobile channel. A TV permittee must correct a desensitization problem
if its occurrence can be directly linked to the start of the TV
operation and the land mobile station is using facilities with typical
desensitization rejection characteristics. A TV permittee must identify
the source of an intermodulation product that is generated when the TV
operation commences. If the intermodulation source is under its
control, the TV permittee must correct the problem. If the
intermodulation source is beyond the TV permittee's control, it must
cooperate in the resolution of the problem and should provide whatever
technical assistance it can.
(c) Channel 6 Protection of FM radio stations. Parties requesting
new allotments on channel 6 be added to the Table of TV Allotments must
submit an engineering study demonstrating that no interference would be
caused to existing FM radio stations on FM channels 200-220.
(d) Blanketing interference. Present information is not
sufficiently complete to establish blanketing interference areas for
television broadcast stations. Blanketing interference is interference
in an area adjacent to a transmitter in which the reception of other
stations is subject to interference due to the strong signal from this
station. The authorization of station construction in areas where
blanketing interference is found to be excessive will be on the basis
that the applicant will assume full responsibility for the adjustment
of reasonable complaints arising from excessively strong signals of the
applicant's station or take other corrective action.
(e) Medical telemetry device notification condition. Stations
should be aware that a condition is placed on all TV broadcast station
authorizations that result in a change in coverage area, or all
authorizations for new stations, which requires TV broadcasters to
identify and notify hospital and other health care facilities within
the station's coverage area to avoid interference to medical telemetry
devices.
0
14. Section 73.618 is added to read as follows:
Sec. 73.618 Antenna location and principal community coverage.
(a) The TV antenna location shall be chosen so that, on the basis
of the effective radiated power (ERP) and antenna height above average
terrain (HAAT) employed, the following minimum F(50,90) field strength
in dB above one uV/m will be provided over
[[Page 8659]]
the entire principal community to be served:
Table 1 to Paragraph (a)--Minimum Field Strength Required Over Principal
Community
------------------------------------------------------------------------
dBu
------------------------------------------------------------------------
Channels 2-6................................................. 35
Channels 7-13................................................ 43
Channels 14-36............................................... 48
------------------------------------------------------------------------
(b) The location of the antenna must be so chosen that there is not
a major obstruction in the path over the principal community to be
served.
(c) For the purposes of this section, coverage is to be determined
in accordance with Sec. 73.619(b). Under actual conditions, the true
coverage may vary from these estimates because the terrain over any
specific path is expected to be different from the average terrain on
which the field strength charts were based. Further, the actual extent
of service will usually be less than indicated by these estimates due
to interference from other stations. Because of these factors, the
predicted field strength contours give no assurance of service to any
specific percentage of receiver locations within the distances
indicated.
0
15. Section 73.619 is added to read as follows:
Sec. 73.619 Contours and service areas.
(a) Purposes of the field strength contours. The field strength
contours will be considered for the following purposes only:
(1) In the estimation of coverage resulting from the selection of a
particular transmitting antenna site by an applicant for a TV station.
(2) In connection with problems of coverage arising out of
application of Sec. 73.3555.
(3) In determining compliance with Sec. 73.618(a) concerning the
minimum field strength to be provided over the principal community to
be served.
(b) Determining coverage. (1) In predicting the distance to the
field strength contours, the F (50,50) field strength charts (Figures
9, 10 and 10b of Sec. 73.699 of this part) and the F (50,10) field
strength charts (Figures 9a, 10a and 10c of Sec. 73.699 of this part)
shall be used. To use the charts to predict the distance to a given F
(50,90) contour, the following procedure is used: Convert the effective
radiated power in kilowatts for the appropriate azimuth into decibel
value referenced to 1 kW (dBk). Subtract the power value in dBk from
the contour value in dBu. Note that for power less than 1 kW, the
difference value will be greater than the contour value because the
power in dBk is negative. Locate the difference value obtained on the
vertical scale at the left edge of the appropriate F (50,50) chart for
the TV station's channel. Follow the horizontal line for that value
into the chart to the point of intersection with the vertical line
above the height of the antenna above average terrain for the
appropriate azimuth located on the scale at the bottom of the chart. If
the point of intersection does not fall exactly on a distance curve,
interpolate between the distance curves below and above the
intersection point. The distance values for the curves are located
along the right edge of the chart. Using the appropriate F (50,10)
chart for the DTV station's channel, locate the point where the
distance coincides with the vertical line above the height of the
antenna above average terrain for the appropriate azimuth located on
the scale at the bottom of the chart. Follow a horizontal line from
that point to the left edge of the chart to determine the F (50,10)
difference value. Add the power value in dBk to this difference value
to determine the F (50,10) contour value in dBu. Subtract the F (50,50)
contour value in dBu from this F (50,10) contour value in dBu. Subtract
this difference from the F (50,50) contour value in dBu to determine
the F (50,90) contour value in dBu at the pertinent distance along the
pertinent radial.
(2)(i) The effective radiated power to be used is that radiated at
the vertical angle corresponding to the depression angle between the
transmitting antenna center of radiation and the radio horizon as
determined individually for each azimuthal direction concerned. The
depression angle is based on the difference in elevation of the antenna
center of radiation above the average terrain and the radio horizon,
assuming a smooth spherical earth with a radius of 8,495.5 kilometers
(5,280 miles) and shall be determined by the following equation:
Equation 1 to paragraph (b)(2)(i)
A = 0.0277 square root of H
Where:
A is the depression angle in degrees.
H is the height in meters of the transmitting antenna radiation
center above average terrain of the 3.2-16.1 kilometers (2-10 miles)
sector of the pertinent radial.
(ii) This equation is empirically derived for the limited purpose
specified here of determining distance to filed strength contours for
coverage. Its use for any other purpose may be inappropriate.
(3) Applicants for new TV stations or changes in the facilities of
existing TV stations must submit to the FCC a showing as to the
location of their stations' or proposed stations' contour. This showing
is to include a map showing this contour, except where applicants have
previously submitted material to the FCC containing such information
and it is found upon careful examination that the contour locations
indicated therein would not change, on any radial, when the locations
are determined under this section. In the latter cases, a statement by
a qualified engineer to this effect will satisfy this requirement and
no contour maps need be submitted.
(4) The antenna height to be used with these charts is the height
of the radiation center of the antenna above the average terrain along
the radial in question. In determining the average elevation of the
terrain, the elevations between 3.2-16.1 kilometers (2-10 miles) from
the antenna site are employed. Path profiles shall be determined for 8
radials beginning at the antenna site and extending 16.1 kilometers (10
miles) therefrom. The radials should be determined for each 45 degrees
of azimuth starting with True North. 10 points per kilometer of
elevation (uniformly spaced) should be used for each radial. It is not
necessary to take the curvature of the earth into consideration in this
procedure, as this factor is taken care of in the charts showing signal
strengths. The average elevation of the 12.9 kilometer (8 miles)
distance between 3.2-16.1 kilometers (2-10 miles) from the antenna site
should then be determined from the path profile for each radial. In
directions where the terrain is such that negative antenna heights or
heights below 30.5 meters (100 feet) for the 3.2 to 16.1 kilometers (2
to 10 mile) sector are obtained, an assumed height of 30.5 meters (100
feet) shall be used for the prediction of coverage. Actual calculated
values should be used for computation of height above average terrain.
(5) In the preparation of the path profiles previously described,
and in determining the location and height above sea level of the
antenna site, the elevation or contour intervals shall be taken from a
high quality bald earth terrain map or dataset such as the United
States Geological Survey Topographic Quadrangle Maps or the National
Elevation Dataset. If a dataset is used, the data must be processed for
intermediate points along each radial using linear interpolation
techniques.
(6) It is anticipated that many of these calculations may be done
using computer software and with computerized datasets. If software or
[[Page 8660]]
datasets besides those officially adopted by the FCC are utilized, the
alternate software or data must be identified.
(c) TV Service Areas. (1) The service area of a TV station is the
geographic area within the station's noise-limited F(50,90) contour
where its signal strength is predicted to exceed the noise-limited
service level. The noise-limited contour is the area in which the
predicted F(50,90) field strength of the station's signal, in dB above
1 microvolt per meter (dBu) as determined using the method in Sec.
73.619(b) exceeds the following levels (these are the levels at which
reception of TV service is limited by noise):
Table 1 to Paragraph (c)(1)--Noise Limited Service Levels
------------------------------------------------------------------------
dBu
------------------------------------------------------------------------
Channels 2-6................................................. 28
Channels 7-13................................................ 36
Channels 14-36............................................... 41
------------------------------------------------------------------------
(2) Within this contour, service is considered available at
locations where the station's signal strength, as predicted using the
terrain dependent Longley-Rice point-to-point propagation model,
exceeds the levels above. Guidance for evaluating coverage areas using
the Longley-Rice methodology is provided in OET Bulletin No. 69. For
availability of OET Bulletin No. 69 (which is incorporated by reference
elsewhere in this part), contact FCC (see Sec. 73.8000 for contact
information).
(d) Protected facilities of an allotment. The protected facilities
of a TV allotment shall be the facilities (effective radiated power,
antenna height and antenna directional radiation pattern, if any)
authorized by a construction permit or license, or, where such an
authorization is not available for establishing reference facilities,
the facilities designated in the FCC order creating or modifying the
Table of TV Allotments.
0
16. Section 73.620 is added to read as follows:
Sec. 73.620 Interference calculation and protection of TV broadcast
services.
(a) Due to the frequency spacing that exists between Channels 4 and
5, between Channels 6 and 7, and between Channels 13 and 14, the
minimum adjacent channel technical criteria specified in this section
shall not be applicable to these pairs of channels (see Sec.
73.603(a)).
(b) Interference is to be predicted based on the procedures found
in Sec. 73.616(d)(1). (c) An application will not be accepted if it is
predicted to cause interference to more than an additional 0.5 percent
of the population served by another TV station. For this purpose, the
population served by the station receiving additional interference does
not include portions of the population within the noise-limited service
contour of that station that are predicted to receive interference from
the TV allotment facilities of the applicant or portions of that
population receiving masking interference from any other station.
(d) A petition to add a new channel to the TV Table or any
application to modify an existing TV station or allotment will not be
accepted if it is predicted to cause more than 0.5 percent new
interference, consistent with paragraphs (a) and (b) of this section,
to a Class A TV station authorized pursuant to subpart J of this part,
within the protected contour defined in Sec. 73.6010.
(e) Negotiated agreements on interference. TV stations may operate
with increased effective radiated power (ERP) and/or antenna height
above average terrain (HAAT) that would result in more than 0.5 percent
additional interference to another TV station if that station agrees,
in writing, to accept the additional interference. Such agreements must
be submitted with the application for authority to construct or modify
the affected TV station. Negotiated agreements under this paragraph can
include the exchange of money or other considerations from one station
to another, including payments to and from noncommercial television
stations assigned to reserved channels. Applications submitted pursuant
to the provisions of this paragraph will be granted only if the
Commission finds that such action is consistent with the public
interest.
(f) The interference protection requirements contained in this
section apply to television station operations under both the TV
transmission standard in Sec. 73.682(d) and the Next Gen TV
transmission standard in Sec. 73.682(f).
0
17. Section 73.621 is amended by removing and reserving paragraphs (g)
and (h) and revising paragraph (j).
Sec. 73.621 Noncommercial educational TV stations.
* * * * *
(j) The requirements of this section apply to the entire digital
bitstream of noncommercial educational television stations, including
the provision of ancillary or supplementary services.
0
18. Revise Sec. 73.622 to read as follows:
Sec. 73.622 Table of TV allotments.
(a) General. The following table of TV allotments contains the
television channel allotments designated for the listed communities in
the United States, its Territories, and possessions. Requests for
addition of new TV allotments, or requests to change the channels
allotted to a community, must be made in a petition for rule making to
amend the Table of TV Allotments. A request to amend the Table of TV
Allotments to add an allotment or change the channel of an allotment in
the Table will be evaluated for technical acceptability using
engineering criteria set forth in Sec. Sec. 73.617, 73.618, and
73.620. A request to amend the TV table to add a new allotment will be
evaluated for technical acceptability using the geographic spacing
criteria set forth in Sec. 73.622(k) and the engineering criteria set
forth in Sec. Sec. 73.614, 73.617, 73.618, and 73.620(a) and (d). TV
allotments designated with an asterisk are assigned for use by non-
commercial educational broadcast stations only. Rules governing
noncommercial educational TV stations are contained in Sec. 73.621.
(b)[Reserved]
(c) [Reserved]
(d) Reference points and distance computations.
(1) [Reserved]
(2) The reference coordinates of a TV allotment shall be the
coordinates of the authorized facility. Where such a transmitter site
is not available for use as reference coordinates, such as a new
allotment, the coordinates shall be those designated in the FCC order
modifying the Table of TV Allotments.
(e) [Reserved]
(f) [Reserved]
(g) [Reserved]
(h) [Reserved]
(i) [Reserved]
(j) Table of TV Allotments.
----------------------------------------------------------------------------------------------------------------
Community Channel No.
----------------------------------------------------------------------------------------------------------------
Alabama:
Anniston..................................................... 9
Bessemer..................................................... 14
[[Page 8661]]
Birmingham................................................... 7, *10, 20, 29, 30
Demopolis.................................................... *19
Dothan....................................................... 21, 36
Dozier....................................................... *10
Florence..................................................... 2, *22
Gadsden...................................................... 26
Gulf Shores.................................................. 27
Homewood..................................................... 21
Hoover....................................................... 33
Huntsville................................................... 15, 17, 18, 19, *24
Louisville................................................... *30
Mobile....................................................... 9, 15, 18, 20, 23, *30
Montgomery................................................... 8, 22, *27, 28, 31
Mount Cheaha................................................. *12
Opelika...................................................... 17
Ozark........................................................ 33
Selma........................................................ 25, 34
Troy......................................................... 19
Tuscaloosa................................................... 6, 36
Tuskegee..................................................... 18
Vernon....................................................... *4
Alaska:
Anchorage.................................................... 7, *8, 10, 12, 20, *26, 28, 33
Bethel....................................................... *3
Fairbanks.................................................... 7, *9, 18, 26
Juneau....................................................... *10, 11
Ketchikan.................................................... 13
North Pole................................................... 20
Sitka........................................................ 7
Arizona:
Douglas...................................................... 36
Flagstaff.................................................... 13, 22, 32
Green Valley................................................. 34
Holbrook..................................................... *11
Kingman...................................................... 19
Mesa......................................................... 18
Phoenix...................................................... *8, 10, 15, 17, 20, 24, 26, 27, 29, 33
Prescott..................................................... 7
Sierra Vista................................................. 21
Tolleson..................................................... 31
Tucson....................................................... 9, 16, 19, 23, 25, *28, *30, 32
Yuma......................................................... 11, 13
Arkansas:
Arkadelphia.................................................. *13
Camden....................................................... 18
El Dorado.................................................... *10, 27
Eureka Springs............................................... 25
Fayetteville................................................. *9, 15
Fort Smith................................................... 18, 21, 27
Harrison..................................................... 31
Hot Springs.................................................. 16
Jonesboro.................................................... 18, *20, 27
Little Rock.................................................. *7, 12, 22, 28, 30, 32, *36
Mountain View................................................ *13
Pine Bluff................................................... 24, 34
Rogers......................................................
[…truncated; see source link]Indexed from Federal Register on February 9, 2023.
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.