Rule2023-24626
Establishing Rules for Full Power Television and Class A Television Stations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 1, 2024
Effective
March 4, 2024
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission or FCC) adopts several rule updates for full power and Class A television stations that no longer have any practical effect given the completion of the transition from analog to digital-only operations and the post incentive auction transition to a smaller television band with fewer channels. The Commission also adopts a restructuring of its full power television rules, which largely consist of the technical licensing, operating, and interference rules for full power television.
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[Federal Register Volume 89, Number 22 (Thursday, February 1, 2024)]
[Rules and Regulations]
[Pages 7224-7265]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24626]
[[Page 7223]]
Vol. 89
Thursday,
No. 22
February 1, 2024
Part III
Federal Communications Commission
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47 CFR Parts 0, 27, 73, et al.
Establishing Rules for Full Power Television and Class A Television
Stations; Final Rule
Federal Register / Vol. 89 , No. 22 / Thursday, February 1, 2024 /
Rules and Regulations
[[Page 7224]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 0, 27, 73, and 74
[MB Docket No. 22-227, FCC 23-72; FR ID 173529]
Establishing Rules for Full Power Television and Class A
Television Stations
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission or FCC) adopts several rule updates for full power and
Class A television stations that no longer have any practical effect
given the completion of the transition from analog to digital-only
operations and the post incentive auction transition to a smaller
television band with fewer channels. The Commission also adopts a
restructuring of its full power television rules, which largely consist
of the technical licensing, operating, and interference rules for full
power television.
DATES: Effective March 4, 2024, except for the amendments in
instruction 15 (Sec. 73.619), instruction 21 (Sec. 73.625);
instruction 52 (Sec. 73.1250); instruction 53 (Sec. 73.1350);
instruction 56 (Sec. 73.1560); instruction 59 (Sec. 73.1615);
instruction 60 (Sec. 73.1620); instruction 61 (Sec. 73.1635);
instruction 62 (Sec. 73.1675); instruction 63 (Sec. 73.1690);
instruction 64 (Sec. 73.1740); instruction 65 (Sec. 73.1750);
instruction 66 (Sec. 73.2080); instruction 75 (Sec. 73.3540);
instruction 78 (Sec. 73.3544); instruction 79 (Sec. 73.3549);
instruction 80 (Sec. 73.3550); instruction 86 (Sec. 73.3598);
instruction 103 (Sec. 73.5006); instruction 116 (Sec. 73.6024); and
instruction 117 (Sec. 73.6025), which are delayed indefinitely. The
Media Bureau will publish a separate document in the Federal Register
announcing the effective date of these amendments. The incorporation by
reference of certain material listed in the rule was approved by the
Director of the Federal Register as of October 11, 2011.
FOR FURTHER INFORMATION CONTACT: Emily Harrison, Media Bureau, at (202)
418-1665 or <a href="/cdn-cgi/l/email-protection#5f1a3236332671173e2d2d362c30311f393c3c71383029"><span class="__cf_email__" data-cfemail="81c4ece8edf8afc9e0f3f3e8f2eeefc1e7e2e2afe6eef7">[email protected]</span></a>. For additional information
concerning the Paperwork Reduction Act (PRA) information collection
requirements contained in this document, contact Cathy Williams at 202-
418-2918, or <a href="/cdn-cgi/l/email-protection#a4e7c5d0ccdd8af3cdc8c8cdc5c9d7e4c2c7c78ac3cbd2"><span class="__cf_email__" data-cfemail="3073514458491e67595c5c59515d43705653531e575f46">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's
Report and Order, in MB Docket No. 22-227; FCC 23-72, adopted on
September 18, 2023, and released on September 19, 2023. The full text
of this document is available for download at <a href="https://www.fcc.gov/document/fcc-updates-rules-television-and-class-television-stations">https://www.fcc.gov/document/fcc-updates-rules-television-and-class-television-stations</a>. To
request materials in accessible formats (braille, large print, computer
diskettes, or audio recordings), please send an email to <a href="/cdn-cgi/l/email-protection#3c7a7f7f090c087c5a5f5f125b534a"><span class="__cf_email__" data-cfemail="f3b5b0b0c6c3c7b3959090dd949c85">[email protected]</span></a>
or call the Consumer & Government Affairs Bureau at (202) 418-0530
(VOICE), (202) 418-0432 (TTY).
Paperwork Reduction Act of 1995 Analysis
This document may contain new or modified information collection
requirements subject to the Paperwork Reduction Act of 1995 (PRA),
Public Law 104-13, see 44 U.S.C. 3507. The Commission, as part of its
continuing effort to reduce paperwork burdens, will invite the general
public, the Office of Management and Budget (OMB), and other federal
agencies to comment on the information collection requirements
contained in this document in a separate Federal Register Notice, as
required by the PRA. All such new or modified information collections
will become effective after the Commission publishes a document in the
Federal Register announcing such approval and the relevant effective
date.
In addition, pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission
previously sought specific comment on how the Commission might further
reduce the information collection burden for small business concerns
with fewer than 25 employees.
Congressional Review Act
The Commission will send a copy of this Report and Order to
Congress and the Government Accountability Office (GAO) pursuant to the
Congressional Review Act, 5 U.S.C. 801(a)(1)(A).
Synopsis
Incorporation by Reference
The Commission's adopted rules are limited to the incorporation by
reference of standards that are associated with full power and Class A
television services. Incorporation by reference is the process that
Federal agencies use when referring to materials published elsewhere to
give those materials the same force and effect of law in the Code of
Federal Regulations as if the materials' text had actually been
published in the Federal Register. 5 U.S.C. 552(a)(1) and Office of the
Federal Register, IBR Handbook (June 2023), available at <a href="https://www.archives.gov/federal-register/write/ibr">https://www.archives.gov/federal-register/write/ibr</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 the
locations in which they appear in the amendatory text: ATSC A/52; ATSC
A/53; Parts 1-4 and 6: 2007; ATSC A/53 Part 5: 2010; ATSC A/65C; and
OET Bulletin No. 69.
Deletion of Obsolete Rules and Language Recognizing the Full Power and
Class A Digital Transition
As stated in the NPRM, full power television stations were required
to terminate all analog operations no later than June 12, 2009, and
Class A stations by September 1, 2015. Accordingly, the NPRM proposed
to amend our rules to reflect those transitions. With the exception of
two of our proposals discussed at the end of this section, the comments
we received were generally supportive of the effort to update our
rules, and therefore, for the reasons discussed in the NPRM, and
described below, we adopt those proposals as detailed below.
We eliminate entire rules, and portions of rules, that provide for
analog-to-analog and analog-to-digital interference protection
requirements and other analog operating requirements from subpart E
(Television Broadcast Stations), subpart H (Rules Applicable to All
Broadcast Stations), subpart I (Procedures for Competitive Bidding and
for Applications for Noncommercial Educational Broadcast Stations on
Non-Reserved Channels), and subpart J (Class A Television Broadcast
Stations). The rules we amend are related to analog operations (i.e.,
rules that reference ``NTSC'' or ``analog''). See 47 CFR 73.622(d)(1)
(Digital television table of allotments) (removing text of this rule
that refers to analog stations); 73.623(d) and (h) (removing analog
technical
[[Page 7225]]
references); 73.624(b) and (c)(3) (Digital television broadcast
stations) (removing text of this rule that refers to analog stations);
73.683(d) (Field strength contours and presumptive determination of
field strength at individual locations) (removing text of this rule
that refers to analog stations); and 73.686(d) (Field strength
measurements) (removing text of this rule that refers to analog
stations). In addition, regarding 47 CFR 73.5000(a) (Services subject
to competitive bidding), we delete the word ``analog'' where it appears
in the rule because there is no need to differentiate between analog
and digital television services. We eliminate references to Grade A,
Grade B, city grade contours, or F(50,50) curves. See 47 CFR 73.683(a)
through (b) (Field strength contours and presumptive determination of
field strength at individual locations); 73.6000 (Definitions); and
73.6010(b) (Class A TV station protected contour). The one exception is
47 CFR 73.626(f)(2)(i) (DTV distributed transmission systems), which
states that the F(50,50) service contour of a DTS transmitter shall not
extend beyond that of its reference facility, which will be retained.
We separately add text in 47 CFR 73.683(a) (Field strength contours and
presumptive determination of field strength at individual locations) to
provide guidance for those reviewing the cross-reference to this
section found in 47 CFR 90.307(b) (Protection criteria). Or, we replace
references to Grade A, Grade B, city grade contours, or F(50,50) curves
with the corresponding digital contours defined in Sec. Sec.
73.625(a), 73.622(e), 73.6010, and/or 74.792. See 47 CFR
73.1675(a)(1)(iii) (Auxiliary antennas) (deleting analog contour and
replacing with digital noise limited contour); and 73.5007(b)(2)(iii)
and (b)(3)(iv) (Designated entity provisions).
We also amend or eliminate rules that reference peak power, visual
or aural carriers, or carrier frequencies because these are technical
engineering terms related to analog television operations. See 47 CFR
73.653 (Operation of TV aural and visual transmitters); 73.664(a)
through(c) (Determining operating power); 73.665 (Use of TV aural
baseband subcarriers); 73.667 (TV subsidiary communications services);
73.669 (TV stereophonic aural and multiplex subcarrier operation);
73.681 (Definitions) (we delete the following definitions relating to
analog operations: ``Aural center frequency;'' ``Aural transmitter;''
``Baseband;'' ``Frequency departure;'' ``Frequency deviation;''
``Frequency swing;'' ``Main channel;'' ``Multiplex Transmission
(Aural);'' ``Peak power;'' ``Visual transmitter power''); 73.682(c) (TV
transmission standards); 73.687(a), (b), (c) introductory text, (c)(1),
and (e)(2) (Transmission system requirements); 73.688(a) (Indicating
instruments); 73.691 (Visual modulation monitoring); 73.699 (TV
engineering charts), Figure 12 (Figure 12 is referenced only by
73.687(b), which we delete); 73.1350(f)(3) (Transmission system
operation); 73.1540(a) (Carrier frequency measurements); 73.1545(c),
(e), and Note to (e) (Carrier frequency departure tolerances);
73.1560(c)(1) through (2) (Operating power and mode tolerances);
73.1570 (updating section heading) and (b)(3) (Modulation levels: AM,
FM, TV and Class A TV aural); 73.1635(a)(5) (Special temporary
authorizations (STA)); and 73.6024(c) (Transmission standards and
system requirements). We amend or eliminate such rules as digital TV
signals do not have specific visual or aural carriers. See generally 47
CFR 73.682(d) (Digital broadcast television transmission standard); see
also 47 CFR 73.8000 (Incorporation by reference) (each of the several
standards listed in the rule relate to DTV). We similarly amend or
eliminate rules and figures which reference the vertical blanking
interval, stereophonic sound transmission, modulation, subcarriers of
any kind, components of the picture such as chrominance or color, or
the sound or picture itself beyond the lines of resolution. As noted in
the NPRM, these references are technical engineering terms associated
with analog television operations since they are related to the picture
derived from an analog visual carrier or the sound derived from an
analog aural carrier. See 47 CFR 73.621(g) (Noncommercial educational
TV stations--referencing Telecommunications Service on the Vertical
Blanking Interval and in the Visual Signal); 73.646 (Telecommunications
Service on the Vertical Blanking Interval and in the Visual Signal);
73.681 (Definitions) (deleting definitions and the Note for:
``Amplitude modulation (AM);'' ``BTSC;'' ``Blanking level;''
``Chrominance;'' ``Chrominance subcarrier;'' ``Color transmission;''
``Field;'' ``Frame;'' ``Frequency modulation (FM);'' ``IRE standard
scale;'' ``Luminance;'' ``Monochrome transmission;'' ``Multichannel
Television Sound (MTS);'' ``Negative transmission;'' ``Percentage
modulation;'' ``Pilot subcarrier;'' ``Program related data signal;''
``Reference black level;'' ``Reference white level of the luminance
signal;'' ``Scanning;'' ``Scanning line;'' ``Visual carrier
frequency;'' and ``Visual transmitter''); 73.699 (TV engineering
charts) (Figures 5, 5(a), 6, 7, 8, 16, and 17); 73.1207(b)(2)
(Rebroadcasts--referencing multiplex subcarrier or telecommunications
service on the vertical blanking interval); and 73.1590(a)(5) (``TV
stereophonic or subcarrier transmission equipment''), (c)(1), and
(c)(3) (Equipment performance measurements). Section 73.699, Figure 11
(Assumed Ideal Detector Output) is no longer referenced anywhere else
in the rules, and appears to have been inadvertently overlooked during
a 1984 rule modification, which deleted the sole reference to it from
Sec. 73.687(a) (see 49 FR 48305, 48312 (Dec. 12, 1984)), and we thus
delete it. While 47 CFR 73.621(h) (Noncommercial educational TV
stations), which refers to the transmission of non-program related data
service on ``Line 21,'' does not specifically use the term ``visual
blanking interval,'' ``Line 21'' refers to part of the vertical
blanking interval, and thus we delete it.
To the extent such analog rules are superseded by related
requirements for digital operations, the digital rules are found in the
digital broadcast television standard documents incorporated by
reference in Sec. 73.682(d). In addition, a number of rules we amend
have a digital equivalent elsewhere in the rules, and for all of these
cases, we either modify the analog reference to specify a digital
equivalent. Sections 73.682(a)(2) through (13) and (15) through (24)
(TV transmission standards) are replaced by Sec. 73.682(d). The
digital equivalent of Sec. 73.687(e)(1) (Transmission system
requirements) is replaced by Sec. 73.622(h), which we are moving to
Sec. 73.611. Section 73.3550(b) (Requests for new or modified call
sign assignments) has a reference to Sec. 74.783(d), but Sec.
74.791(a) is the equivalent digital rule. Accordingly, we are replacing
the reference to Sec. 74.783(d) with Sec. 74.791(a). The digital
equivalent of Sec. 73.3572(a)(4) (Processing of TV broadcast, Class A
TV broadcast, low power TV, TV translators, and TV booster
applications) is Sec. 74.787(a)(4). Or, delete the analog-related rule
entirely. Section 73.613 (Protection of Class A TV stations) relates to
analog because Class A protections for digital stations are in Sec.
73.616(e), which we are moving to Sec. 73.620(d). Section 73.684
(Prediction of coverage) is in Sec. 73.625 (DTV coverage of principal
community and antenna system), some of which we are moving into other
rule parts in the reorganization of our rules; the reference in Sec.
73.681 is removed. The digital
[[Page 7226]]
equivalent of Sec. 73.685(a) through (c) (Transmitter location and
antenna system) is found in Sec. 73.625(a)(1) through (3), which we
are moving to Sec. 73.618. The digital equivalent of Sec. 73.685(f)
(Transmitter location and antenna system) is contained in Sec.
73.625(c)(3), which also applies to Sec. Sec. 73.1690(b)(3) and (c)(3)
(Modification of transmission systems). The digital equivalent of Sec.
73.698 (Tables) is replaced by Sec. 73.623(d)(2), which we are moving
to Sec. 73.622(k). The digital equivalent of Sec. 73.6012 (Protection
of Class A TV, low power TV and TV translator stations) is found in
Sec. Sec. 73.6017 and 73.6019. The digital equivalent of Sec. 73.6013
(Protection of DTV stations) is found in Sec. 73.6018 (Digital Class A
TV station protection of DTV stations). The digital equivalent of Sec.
73.6014 (Protection of digital Class A TV stations) is found in Sec.
73.6017.
We also amend rule section headings and rules in subpart E (47 CFR
73.616 (section heading), (a) through (e), and (g) (Post-transition DTV
station interference protection); 73.621(j) (Noncommercial educational
TV stations); 73.622(a) introductory text and (a)(2) (also deleting
reference to out-of-core-channels), (c)(1), (e)(1), (f)(6), (f)(7),
(f)(8) (also deleting references to out-of-core channels) (Digital
television table of allotments); 73.623 (updating section heading), (a)
through (f) and (h) (DTV applications and changes to DTV allotments);
73.624 (updating section heading), (a) through (c) and (g) (Digital
television broadcast stations); 73.625 (updating section heading),
(a)(1), (b)(1), (b)(3), (c)(4)(i) through (ii) (DTV coverage of
principle community and antenna system); 73.626 (updating section
heading), (a), (c)(1), (e), (f)(2), (f)(6) (DTV distributed
transmission systems); 73.686(e) (Field strength measurements)),
subpart H (47 CFR 73.1201(b)(1) (Station identification)), and subpart
J (47 CFR 73.6010(c) and (d) (Class A TV station protection contour);
73.6017 (Digital Class A TV station protection of Class A TV and
digital Class A TV stations); 73.6018 (Digital Class A TV station
protection of DTV stations); 73.6019 (Digital Class A TV station
protection of low power TV, TV translator, digital low power TV and
digital TV translator stations); 73.6020 (Protection of stations in the
land mobile radio service); 73.6022(a) (Negotiated interference and
relocations agreements); 73.6023 (Distributed transmission systems);
and 73.6024(d) (Transmission standards and system requirements). We
also amend Sec. 73.6024(d) (Transmission standards and system
requirements) to require stations in the Mexican border zone to specify
a full-service emission mask in any modification applications requiring
coordination. We also adopt a non-substantive, technical revision to
Sec. 73.6023(b) and (c) to remove ``DTV'' and ``digital'' to be
consistent with the changes we adopt herein) to remove references to
digital television (DTV) and digital television service since all
television services have transitioned from analog to digital operations
and thus, there is no further need to differentiate between two
separate kinds of service. We remove from certain part 74 rules
inadvertent references to DTV and digital television service,
overlooked in a prior part 74 rulemaking, since, with rare exception,
all part 74 television services have transitioned from analog to
digital operations and thus, there is no further need to differentiate
between two separate kinds of service. See Amendment of Parts 73 and 74
of the Commission's Rules to Establish Rules for Digital Low Power
Television and Television Translator Stations, Update of Parts 74 of
the Commission's Rules Related to Low Power Television and Television
Translator Stations, MB Docket Nos. 22-261 and 03-185, Order and Sixth
Notice of Proposed Rulemaking, FCC 22-58 (July 13, 2022) (``2022 Part
74 Order'' or ``Part 74 NPRM''); Erratum, FCC 22-58 (Sept. 9, 2022);
Report and Order, FCC 23-25 (Apr. 17, 2023) (2023 Part 74 Report and
Order). See 47 CFR 74.792(b) (Low power TV and TV translator station
protected contour); 74.793(e), (g) through (h) (Low power TV and TV
translator station protection of broadcast stations); and 74.794
(section heading, paragraph (b) introductory text, (b)(1), and (b)(2)
(Digital emissions). We also delete the second sentence in 47 CFR
74.793(b) (Low power TV and TV translator station protection of
broadcast stations), given the fact that we delete the analog threshold
interference levels in 47 CFR 73.623(c)(2) (DTV applications and
changes to DTV allotments) and therefore there is no need to
distinguish digital operations. In the NPRM, we noted that a small
number of translator stations in Alaska were still operating in analog.
All of those stations have now either converted to digital or canceled
the licenses, and, as such, that matter is moot. We also eliminate
provisions of rules and amend section headings and language that are
obsolete due to the conversion from analog to digital television
technology, including references to the analog television booster
service in subpart E. See 47 CFR 73.622(d)(1) through (2), Note to
(e)(2), (e)(3), (f)(5), (f)(6), (f)(7), and (f)(8) (Digital television
table of allotments); 73.623(a) through (b), (c)(2), (c)(3), (c)(5),
(d), and (h) (DTV applications and changes to DTV allotments);
73.624(a), (b)(1) through (2), (d) through (f) (refer to pre-DTV
transition procedures) (Digital television broadcast stations); and
73.626(c)(2) (DTV distributed transmission systems). Section
73.622(c)(2) states that an application may be filed for a channel or
community not specified in the DTV Table of Allotments (formerly Sec.
73.622(b)) if it is consistent with the rules and policies established
in Service Rules for the 746-764 and 776-794 MHz Bands, and Revisions
to Part 27 of the Commission's Rules, WT Docket No. 99-168, Third
Report and Order, 16 FCC Rcd 2703, 2717-18, paras. 34-36 (2001)
(stating that the Commission would allow stations on channels 59
through 69 to enter into voluntary agreements to temporarily relocate
to channels 52 through 58). Because Sec. 73.622(b) has been deleted
and channels 52 through 58 reallocated for non-broadcast use, we delete
this section of the rule. Similarly, we delete the last five sentences
of Sec. 73.622(c)(1), which discuss procedures for filing applications
for channel changes made in the deleted subsection (b), DTV Table of
Allotments, citing the Advanced Television Systems and Their Impact
Upon the Existing Television Broadcast Service, MM Docket No. 87-268,
Memorandum Opinion and Order on Reconsideration of the Sixth Report and
Order, 13 FCC Rcd 7418 (1998) (MO&O on Reconsideration of the Sixth
R&O), and analog channel swaps. We do the same in subpart H, since
these services were not carried over into digital operations. See 47
CFR 73.1001(c) (Scope); 73.3521 (Mutually exclusive applications for
low power television, television translators and television booster
stations); 73.3525 (Note) (Agreements for removing application
conflicts); 73.3533(a)(5) (Application for construction permit or
modification of construction permit); 73.3572 (section heading, (a)(2),
(c) and (f) through (g)) (Processing of TV broadcast, Class A TV
broadcast, low power TV, TV translators, and TV booster applications);
73.3584(a), (c) (Procedure for filing petitions to deny); and
73.3598(a) introductory text (Period of construction). Finally, we
amend Sec. 73.6026 (Broadcast regulations applicable to Class A
television stations) to remove references to analog-only rules
applicable to Class A television stations, consistent with the rule
changes above. See 47 CFR 73.6026
[[Page 7227]]
(deleting reference to Sec. 73.635 (Use of common antenna site);
73.646 (Telecommunications Service on the Vertical Blanking Interval
and in the Visual Signal); 73.653 (Operation of TV aural and visual
transmitters); 73.665 (Use of TV aural baseband subcarriers); 73.667
(TV subsidiary communications services); 73.669 (TV stereophonic aural
and multiplex subcarrier operation); and 73.691 (Visual modulation
monitoring)). As discussed infra, we delete the rules related to the
Subscription Television Service as unnecessary and no longer in use,
and amend 47 CFR 73.664 (Determining operating power).
We also adopt our proposal to remove references to an element of
the Table of Allotments that has been previously updated. As we
explained in the NPRM, to accommodate the analog to digital television
transition, the Commission adopted Sec. 73.622(b) (DTV Table of
Allotments) to allot a paired DTV channel to each analog television
licensee and permittee. See 47 CFR 73.622(b) (2021) (DTV Table of
Allotments); Advanced Television Systems and Their Impact Upon the
Existing Television Broadcast Service, MM Docket No. 87-268, Sixth
Report and Order, 12 FCC Rcd 14588 (1997) (Sixth Report and Order);
MO&O on Reconsideration of the Sixth R&O. The Commission later deleted
Sec. 73.622(b), leaving behind successor Sec. 73.622(i) (Post-
Transition Table of Allotment). 47 CFR 73.622(i); see also October 2021
Order at Appendix (removing Sec. 73.622(b)). The rules, however,
continue to refer to ``Appendix B,'' which specified the technical
parameters and service area that must be protected for each channel
allotted in Sec. 73.622(b) during most of the transition period. We
therefore remove references to ``Appendix B'' in our rules as obsolete.
Appendix B, and a description of its use and contents, is in the Sixth
Report and Order, 12 FCC Rcd at 14693-754. Corrections were made to
Table 2 of Appendix B in the MO&O on Reconsideration of the Sixth R&O.
We note that Sec. 73.622(f)(3)(i) and (ii) both refer to policies
specific to Appendix B, and thus, we delete them.
We amend Sec. 73.612 to remove references to distance separations,
which, outside of new allotment proceedings, are not used in digital
TV. See 47 CFR 73.612(a) through (b) and Note (Protection from
interference). Consistent with the tentative conclusions in the NPRM,
we find that this rule is obsolete, as TV stations are now protected
using OET Bulletin No. 69. See 47 CFR 73.616(d) (Post-transition DTV
station interference protection). We delete Sec. 73.622(g)(2), which
pertains to protection of analog TV signals by an upper-adjacent
digital signal. See MO&O on Reconsideration of the Sixth R&O, 13 FCC
Rcd at 7467, para. 120. We also eliminate Sec. 73.1620(f) (Program
tests) since it refers to a policy of allowing 1000 watt ultra-high
frequency (UHF) translators on vacant allotments, a policy which was
ended prior to 1984, and eliminate from Sec. 73.6024(b) (Transmission
standards and system requirements) a reference to Sec. 74.736, as that
section was recently eliminated in the 2022 Part 74 Order. We also
eliminate Sec. Sec. 73.685(g) (Transmitter location and antenna
system) and 73.6025(b) (Antenna system and station location) because
those rules were adopted many decades ago for the analog era and are
not relevant to or used in the digital environment.
Minor Modifications to Proposed Amendments to Section 73.614(b) and
Analog Technical Rules. We next turn to evaluating the comments we
received with two changes proposed in the NPRM. First, the National
Association of Broadcasters (NAB) notes that the NPRM ``correctly
states that `digital TV signals do not have specific visual or aural
carriers.' '' Yet, as proposed in the NPRM, Sec. 73.614(a) would have
retained the term ``visual effective radiated power.'' NAB argues that
``[s]ince DTV operations are fundamentally data streams that may carry
video, audio, or other data the word `visual' has no meaning and should
be eliminated.'' We agree. We therefore adopt our proposal in the NPRM
to amend this rule with a minor modification to delete the word
``visual,'' as reflected in Sec. 73.614(a) in Appendix A of this
Report and Order.
Second, we decline to make another modification requested by NAB.
The NPRM proposed to eliminate Sec. 73.615 because the Commission
staff's current practice in evaluating technical proposals and issuing
authorizations provides additional precision beyond what the text of
the current rule requires, since authorizations are now based on the
more precise kilowatt (kW) value as opposed to dBk and do not round
HAAT values as described in this rule. See 47 CFR 73.615
(Administrative changes in authorizations). As explained in the NPRM,
for example, a station authorized at 30 dBk (decibels above 1 kW) would
operate at 1000 kW, while a station at 29.9 dBk consistent with the
current rule would operate at approximately 977 kW. The Bureau,
however, authorizes stations today based on kilowatts, allowing a
station to be authorized at an intermediate value such as 990 kW. The
Bureau's current practice therefore provides more precision. For the
same reason, the NPRM proposed to remove the dBk reference in Sec.
73.614(a).
NAB comments that the current and proposed rules specify formulas
for determining effective radiated power (ERP) as a function of HAAT
with the results in logarithmic units of dBk, and claims that the
proposed change fails to define the significant figures to use and will
lead to confusion. NAB also argues that since Sec. 73.615 currently
describes how to convert power in dBk to power in kilowatts and
specifies the number of significant figures and the rules for rounding
the results, the proposed deletion of Sec. 73.615 makes the
determination of ERP in kilowatts ambiguous. NAB further argues the
revised rule should define the algorithm that produces that result and
``computer software used by FCC staff'' should be modified to match the
formulas in the rules. NAB believes that the ``staff's current
practice'' will inevitably result in inconsistent results between the
staff's practice and the rules, and gives an example of a UHF station
where it believes the allowable ERP (to the nearest 0.1 dBk) of 20.4
dBk converts to 110 kW when rounded to three significant figures as
presently specified in the rules. NAB believes that when calculated
using the staff's ``arbitrary precision,'' the same station would be
allowed just 108.4 kW (to four significant figures) or 108 kW (to three
significant figures) absent the administrative rounding provisions of
Sec. 73.615. NAB states that this can cause confusion when applying
the largest station in the market rule (currently Sec. 73.622(f)(5)
and proposed 73.614(b)(6)) and potentially require modification of
longstanding authorizations to reflect a changed calculation
methodology. NAB further added that the ``language of present rule
Section 73.615 concerning administrative changes in authorizations is
an essential complement to the formulas in Section 73.614, which
specify station radiated power levels in decibels above on [sic]
kilowatt (dBk).'' NAB also maintains that it ``is troubled by the
apparent acknowledgement in the NPRM that the staff's practice has been
inconsistent with the plain language of the rules for years,'' and that
if the Commission now wishes to amend its rules to bring them into
alignment with the staff's preferences and practices, the Commission
should grandfather existing operating parameters for current stations
so that no broadcaster is penalized for that choice.
We disagree with NAB's assessment of this issue. First, while NAB
claims that the Commission staff has applied a standard that is
inconsistent with the
[[Page 7228]]
rules in processing applications, the fact is that the Commission rule
(47 CFR 73.615) stating how to specify power in TV broadcast
authorizations applies to analog operations only. The Commission
proposed a digital full power Table of Allotments in 1996 by specifying
ERP in kilowatts, and all tables adopted by the Commission since then
use similar ERP values in kilowatts. The use of kilowatt ERP values has
continued through the present time, including use in the ``tv_process''
software the Media Bureau used for application processing in the past,
and the TVStudy software the Media Bureau currently uses for
application processing. Second, given the Commission's implementation
of a system using ERP in kilowatts for digital stations in the 1997
Order, the ERP in the digital television broadcast station license and
modification authorizations issued by the Media Bureau have since been
issued in kilowatts. NAB is therefore incorrect to suggest that there
is any conversion or algorithm being applied. Current Sec. 73.615 is
an analog-era rule that was never applied to digital authorizations so
no such conversion or algorithm is applied. Moreover, all full power
and Class A television stations have a digital authorization given in
kilowatts, so there is no need to modify outstanding digital
authorizations, and no confusion should occur as a station's ERP would
be given as 110 kW, 108.4 kW, or 108 kW, as appropriate, on its
existing authorization. Third, evaluation of the largest station in the
market under Sec. 73.622(f)(5) has been conducted using the more
precise kilowatt values found in the Commission's LMS database rather
than the dBk values to three significant figures. For these reasons,
with respect to NAB's request that the Commission grandfather existing
operating parameters, we find that since all full power and Class A
television stations are operating with digital only facilities and are
all operating with authorizations issued based on kilowatts, it is
unnecessary to grant NAB's request. Finally, in response to NAB's
contention that removal of this rule will lead to confusion, we
disagree. Since Sec. 73.615 is an analog rule, it has not applied to
digital operation and we are unaware of any actual instance where a
station's power level would be impacted by removal of the analog rule.
Further, requiring such rounding for power limits would reduce
flexibility for stations attempting to conduct a largest station in the
market analysis or a loss analysis by artificially preventing them from
choosing a more precise power level which may allow stations to more
closely match the service they are attempting to replicate. We
therefore adopt the changes to Sec. 73.615 as proposed in the NPRM.
Updates and Corrections to the Full Power and Class A Rules
The NPRM proposed to make several updates and corrections to the
full power and Class A rules. The comments received were generally
supportive of the effort to update our rules, and we received no
specific objection to these proposals. Thus, for the reasons discussed
in the NPRM, and described below, we adopt the proposals as detailed
below.
We update the reference to the 2000 census population data found in
Sec. 73.616(d)(1) to reflect a reference to the most recent official
decennial U.S. Census population data, which conforms paragraph (d)(1)
to the language in Sec. 73.616(e)(1). See 47 CFR 73.616(d)(1) (Post-
transition DTV station interference protection). This language was
inadvertently not included in subsection (d)(1). See Authorizing
Permissive Use of the ``Next Generation'' Broadcast Television
Standard, GN Docket No. 16-142, Notice of Proposed Rulemaking, 32 FCC
Rcd 1670, 1696-7, para. 59 (2017) (in proposing to adopt Sec.
73.616(e)(1), the Commission stated that ``[w]e propose to update the
Commission's rules regarding acceptable levels of interference
resulting from a broadcaster's application for new or modified
facilities''); Authorizing Permissive Use of the ``Next Generation''
Broadcast Television Standard, GN Docket No. 16-142, Report and Order
and Further Notice of Proposed Rulemaking, 32 FCC Rcd 9930, 9986-7,
para. 114 (2017) (in adopting the rule, the Commission stated that
``after the repacking process is complete, any broadcast television
service or interference calculations will be based on the 2010 U.S.
Census statistics, until after 2020, when the next U.S. Census
statistics are scheduled to become available and the Media Bureau
subsequently announces the date of application of such data''). We also
make a similar revision in 47 CFR 73.686(c)(1)(i) to conform the rule
to 47 CFR 73.616. We also amend references to the ``Table of
Allotments'' in Sec. 73.622(j) to the ``Table of TV Allotments'' in
all places where it is referenced in subpart E. See 47 CFR 73.622
(section heading and (a)) (Digital television table of allotments);
73.623(d), (f), and (h) (DTV applications and changes to DTV
allotments). We do the same in subpart H, for continuity. See 47 CFR
73.1015 (Truthful written statements and responses to Commission
inquiries and correspondence). We also update the reference to FM Table
of Allotments to ``Table of FM Allotments'' in 47 CFR 73.1015 to
reflect the name of the table in 47 CFR 73.202(b). We amend Sec.
73.622(j) to reflect a channel substitution previously adopted upon a
notice and comment rulemaking that was adopted shortly before the
current version of the Table of TV Allotments was adopted, but was not
incorporated into the new Table of TV Allotments for procedural
reasons. On January 12, 2021, the Media Bureau issued a Notice of
Proposed Rulemaking in response to a petition filed by KTUL Licensee,
LLC, the licensee of KTUL, Tulsa, Oklahoma, requesting the substitution
of channel 14 for channel 10 at Tulsa in Sec. 73.622(i), the DTV Table
of Allotments. Amendment of Section 73.622(i), Post-Transition Table of
DTV Allotments, Television Broadcast Stations (Tulsa, Oklahoma), MB
Docket No. 21-9, Notice of Proposed Rulemaking, 36 FCC Rcd 157 (Vid.
Div. 2021) (Tulsa NPRM). In the Tulsa NPRM, the Bureau noted that the
Commission had completed the incentive auction and broadcast television
spectrum repacking authorized by the Spectrum Act and that the Bureau
would amend the rules to reflect all new full power channel assignments
in a revised Table of Allotments. Because the Table had not yet been
amended, however, the Bureau continued to refer to Sec. 73.622(i) for
the purpose of the Tulsa proceeding. The Bureau adopted a Report and
Order amending Sec. 73.622(i) to substitute channel 14 at Tulsa, see
Amendment of Section 73.622(i), Post-Transition Table of DTV
Allotments, Television Broadcast Stations (Tulsa, Oklahoma), MB Docket
No. 21-9, Report and Order, 36 FCC Rcd 13620 (Vid. Div. 2021), and
shortly thereafter the Commission adopted the Table of TV Allotments,
which superseded Sec. 73.622(i). October 2021 Order, 36 FCC Rcd at
15894-5, para. 8. The amendment to Sec. 73.622(j) reflects this
channel substitution, which did not become effective until after the
new Table of TV Allotments was adopted. We amend certain rules in
subpart E to add common abbreviations used elsewhere in the
Commission's rules and forms. See, e.g., 47 CFR 73.614(a) (adding
abbreviations for ``ERP'' and ``HAAT'') (Power and antenna height
requirements); and 73.625(a)(1) (adding abbreviations for ``ERP'' and
``HAAT'') (DTV coverage of principal community and antenna system). We
amend certain rules in subpart H and subpart I to provide full
[[Page 7229]]
power and Class A licensees and permittees with accurate information
about current Commission forms and filing procedures, including the
removal of obsolete forms. 47 CFR 73.1250(e) (Broadcasting emergency
information); 73.1350(h) (Transmission system operation); 73.1560(a)(1)
and (d) (Operating power and mode tolerances); 73.1615(c) (Operation
during modification of facilities); 73.1620(a)(1) through (3) (Program
tests); 73.1635(a)(2) through (3) (Special temporary authorizations
(STA)); 73.1675(b) (Auxiliary antennas); 73.1690(b) and (c)(3)
(Modification of transmission systems); 73.1740(a)(4) (Minimum
operating schedule); 73.1750 (Discontinuance of operation);
73.2080(c)(6) and (f) (deleting the references to obsolete Form 397 and
updating the names of forms) (Equal employment opportunities (EEO));
73.3500 (Application and report forms); 73.3533(a)(1) and (a)(4)
through (a)(8) (Application for construction permit or modification of
construction permit); 73.3536(b) through (c) (Application for license
to cover construction permit); 73.3540(c) through (f) (Application for
voluntary assignment or transfer of control); 73.3541(b) (Application
for involuntary assignment of license or transfer of control);
73.3544(b) through (c) (Application to obtain a modified station
license); 73.3549 (Requests for extension of time to operate without
required monitors, indicating instruments, and EAS encoders and
decoders); 73.3550(a) and (j) (also adding ``-DT'' suffix in (a), (f),
(k), and (m) (Requests for new or modified call sign assignments). The
Commission has acknowledged the use of the ``-DT'' suffix in prior
rulemakings. In 2004, the Commission permitted stations simulcasting
their analog programming on their digital channel to make station
identification announcements simultaneously for both stations as long
as the identification included both call signs ``(e.g., ``WXXX-TV and
WXXX-DT'').'' See Second Periodic Review of the Commission's Rules and
Polices Affecting the Conversion to Digital Television, MB Docket No.
03-15, Report and Order, 19 FCC Rcd 18279, 18355, para. 173 (2004)
(subsequent citations omitted) (Second Periodic Review); see also
Digital Transition Call Sign Procedures, Public Notice, 24 FCC Rcd 7617
(MB 2009). We also update 47 CFR 73.3578(b) (Amendments to applications
for renewal, assignment or transfer of control); 73.3587 (Procedure for
filing informal objections); 73.3598(c) (Period of construction);
73.5005(a) (Filing of long-form applications); and 73.5006(b) (Filing
of petitions to deny against long-form applications). We note that the
numbering of the broadcast application and report forms has changed
with the transition of the Commission's broadcast licensing database
from CDBS to LMS, and certain form numbers have changed since the
release of the NPRM, which we update in this Report and Order. See
Media Bureau Announces Transition of Additional Filings to Licensing
and Management System, Public Notice, DA 23-600 (MB 2023). For example,
Form 301 for AM stations is now Form 2100 Schedule 301-AM. We update
Sec. 73.1030 to reflect updated contact information for the National
Radio Astronomy Observatory site and the Radio Frequency Management
Coordinator. See 47 CFR 73.1030(a)(1) and (b)(2) (Notifications
concerning interference to radio astronomy, research and receiving
installations). We delete Sec. 73.682(a)(1) as duplicative of Sec.
73.624(a) and thus, unnecessary. See 47 CFR 73.682(a)(1) (TV
transmission standards) and 47 CFR 73.624(a) (Digital television
broadcast stations) (both noting the width of a television channel is 6
MHz).
We also make amendments to correct typographical errors in words
and cross-references that contain incorrect rule citations. See 47 CFR
73.622(c)(1) (Digital television table of allotments); 73.623(d)(1),
(d)(4) (DTV applications and changes to DTV allotments); 73.624(g)
(Digital television broadcast stations); 73.625(c)(5) (cites to
73.622(f)(4), which is irrelevant to electrical beam tilt) (DTV
coverage of principal community and antenna system); 73.626(c)(2) (DTV
distributed transmission systems); 73.682(d) (TV transmission
standards); 73.683(c)(3) (Field strength contours and presumptive
determination of field strength at individual locations); 73.1217
(Broadcast hoaxes); 73.1250 (Broadcasting emergency information);
73.1615(b)(3) (Operation during modification of facilities);
73.1690(b)(3) and (c)(3) (Modification of transmission systems);
73.3550(b) and (i) (Requests for new or modified call sign
assignments); 73.5007(b)(3)(v) (Designated entity provisions);
73.3578(b) (Amendments to applications for renewal, assignment or
transfer of control); 73.6018 (Digital Class A TV station protection of
DTV stations); 73.4060(a) (Citizen agreements); and 74.793(g) (Low
power TV and TV translator station protection of broadcast stations).
We delete repetitive language within a rule. See 47 CFR 73.623(e) (DTV
applications and changes to DTV allotments). We revise Sec. 73.682(d)
to break the existing paragraph into subsections, without altering its
content, in order to make the paragraph more accessible to licensees
and the public. See new Sec. 73.682(d)(1) through (3) (TV transmission
standards). We also remove citations to sections of the Communications
Act in new Sec. 73.682(d)(3)(ii) relating to the organization and
functions of the Commission that we believe were inadvertently included
in the rule, as well as add a cross-reference to Sec. 73.8000 to find
contact information for the availability of the ATSC standards. We also
update the contact information for information on the availability of
the ATSC standards in 47 CFR 73.8000 (Incorporation by reference). We
also note that NARA's Office of Federal Register made editorial
revisions to Sec. Sec. 73.682, 73.683(d), and 73.8000 in line with its
publishing conventions. In addition, we eliminate notes to rules and
shift the language into the text of the relevant rule to conform to the
publishing requirements of the Administrative Committee of the Federal
Register. See 47 CFR 73.682 (TV transmission standards); 73.1216
(Licensee-conducted contests); 73.1217 (Broadcast hoaxes); and 73.3525
(Agreements for removing application conflicts).
We next delete Sec. 73.685(e) (Transmitter location and antenna
system) because it is redundant with Sec. 73.625(c)(2) (antenna
system), and contains certain requirements regarding directional
antennas which are no longer in use. We delete Sec. 73.622(f)(2) as
obsolete, since all applications are now evaluated for interference
using OET Bulletin No. 69. See 47 CFR 73.622(f)(2) (Digital television
table of allotments). See also 47 CFR 73.616(d) (Post-transition DTV
station interference protection), which requires applications to pass
an analysis with OET Bulletin No. 69. We also delete Sec. 73.6027 as
duplicative and unnecessary as it is a cross-reference to a rule
already applicable to Class A stations. See 47 CFR 73.1030
(Notifications concerning interference to radio astronomy, research and
receiving installations). Class A licensees are required to comply with
all part 73 regulations except for those that cannot apply for
technical or other reasons. Establishment of a Class A Television
Service, MM Docket No. 00-10, Report and Order, 15 FCC Rcd 6355, 6365,
para. 23 (2000) (Class A Report and Order). We also place a reference
to Sec. 73.1030 in Sec. 73.6026 (Broadcast regulations applicable to
Class A television stations), which lists
[[Page 7230]]
rules that apply to Class A by reference. We similarly delete the last
sentence of 73.6020 (Protection of stations in the land mobile radio
service) with respect to land mobile radio service (LMRS) operations on
channel 16 in New York, as it is duplicative of the reference to Sec.
74.709 in the first sentence of 73.6020, since Sec. 74.709 requires
protection of channel 16 in New York. We also streamline Sec. 73.6000
by amending the rule, after deleting the analog references, to simplify
and shorten the language without further altering the meaning or
content. See 47 CFR 73.6000 (Definitions--because we delete subsection
(1), we delete the number (2), but retain the text).
Finally, we add an explanatory note to Sec. 73.623 to reference
and explain the existence of a granted waiver with respect to the
community of Los Angeles, California. See 47 CFR 73.623 (DTV
applications and changes to DTV allotments). A similar explanatory note
was added to Sec. 74.709 in the Commission's 2022 Part 74 Order at
para. 8. As explained in the NPRM, Sec. 73.623 requires television
stations to protect certain channels for use by LMRS in thirteen U.S.
cities listed in the rule. In 2008, the Commission's Public Safety and
Homeland Security Bureau (PSHSB) granted a waiver pursuant to Sec.
337(c) of the Communications Act of 1934, as amended, allowing the
County of Los Angeles to use channel 15 in Los Angeles for public
safety communications. See Request for Waiver of the Commission's Rules
to Authorize Public Safety Communications in the 476-482 MHz Band
(County of Los Angeles, California), Order, 23 FCC Rcd 18389 (PSHSB
2008). Because this channel is adjacent to two channels contained in
Sec. 73.623, we find, consistent with the tentative conclusion in the
NPRM, that the public interest is served by including a note explaining
the existence of the 2008 waiver.
Post-Incentive Auction Licensing and Operation (Sec. 73.3700)
The NPRM proposed removal of outdated rules relating to the post-
incentive auction transition period. The comments received were
generally supportive of the effort to update our rules, and we received
no specific objection to these proposals. Therefore, for the reasons
discussed in the NPRM, and described below, we adopt the proposals as
detailed below.
As explained in the NPRM, Sec. 73.3700(a)(2) includes licensing
and procedural rules for television stations during the post-incentive
auction transition. The incentive auction closed on April 13, 2017, and
thus, we amend Sec. 73.3700(a)(2) to add the citation to the Channel
Reassignment Public Notice that was released by the Commission's Media
and Wireless Telecommunications Bureaus and Incentive Auction Task
Force announcing the completion of the auction and deadlines for
stations assigned new channels through the repacking process to
terminate operations on pre-auction channels. See 47 CFR 73.3700(a)
(Definitions), and (a)(2) (Channel reassignment public notice). We also
delete as obsolete certain definitions that relate to the bid options
that were available to full power and Class A television broadcasters
eligible to participate in the incentive auction that closed on April
13, 2017. See 47 CFR 73.3700(a) (Definitions), (6) (High-VHF-to-Low-VHF
station), (7) (License relinquishment station), and (17) (UHF-to-VHF
station). We also delete as obsolete procedural rules that governed the
post-incentive auction period for stations to transition off their pre-
auction channel, which ended on July 13, 2020. This includes portions
of the rule pertaining to the special post-incentive auction
displacement filing window which closed on June 1, 2018 and applied to
low power television (LPTV) and television translator stations
displaced by the auction. See 47 CFR 73.3700(b) (Post-auction
licensing), (c) (Consumer education for transitioning stations), (d)
(Notice to MVPDs), and (g) (Low Power TV and TV translator stations).
Consistent with the proposals in the NPRM, we retain those portions of
the rule pertaining to the small number of stations that are still
engaged in constructing final facilities on their post-auction channel
assignments and to the TV Broadcaster Relocation Fund. NPRM at para.
14. See 47 U.S.C. 1452(j)(1)(A) through (B); see also Incentive Auction
Task Force and Media Bureau Report on the Status of the Post-Incentive
Auction Transition and Reimbursement Program; Announce a Further
Allocation from the Relocation Fund; and Announce Procedures for
Eligible Entities to Close Out Accounts in the Fund, MB Docket No. 16-
306, GN Docket No. 12-268, Public Notice, 34 FCC Rcd 304, 312, para. 26
(IATF/MB 2019); Expanding the Economic and Innovation Opportunities of
Spectrum Through Incentive Auctions, GN Docket No. 12-268, Report and
Order, 29 FCC Rcd 6567, 6825-26, paras. 632-36 (2014).
Updates to Listing of FCC Policies
The NPRM proposed to update the Commission's policy rules in Sec.
73.4000 et seq., which provide certain FCC policies and citations
related to all broadcast stations for the purpose of reference and
convenience. Section 73.4000 addresses the fact that the present
listing of FCC policies and citations contained in 73.4000 et seq. may
not be an all-inclusive list. The comments received were generally
supportive of the effort to update our rules, and we received no
specific objection to this proposal. Therefore, for the reasons
discussed in the NPRM, and described below, we adopt the proposal as
detailed below.
We include cautionary language in the rule to note that subsequent
decisions or actions may exist. We also amend a number of rules in
Sec. 73.4000 et seq. that are now obsolete or otherwise require
updates. For instance, the Commission no longer uses comparative
hearings to award commercial broadcast licenses so Sec. 73.4082
related to such proceedings is obsolete. See 47 CFR 73.4082
(Comparative broadcast hearings--specialized programming formats). The
Commission no longer resolves mutually exclusive broadcast applications
through comparative hearings but rather now uses competitive bidding
procedures. See 47 CFR 73.5000 et seq. (procedures for competitive
bidding); Implementation of Section 309(j) of the Communications Act;
Competitive Bidding for Commercial Broadcast and Instructional
Television Fixed Service Licenses, MM Docket No. 97-234, First Report
and Order, 13 FCC Rcd 15920 (1998) (subsequent citations omitted)
(Competitive Bidding First R&O). We remove or update rules that
implicate audio services that are obsolete or require updates. Section
73.4017 is revised because these policies have been replaced by
competitive bidding procedures in Sec. Sec. 73.5000 through 73.5009.
See 47 CFR 73.4017 (Application processing: Commercial FM stations); 47
CFR 73.5000 through 73.5009; Competitive Bidding First R&O, 13 FCC Rcd
at 15972, para. 137 (1998). Section 73.4100 and Sec. 73.4101 are
retained and amended to add a more recent policy pronouncement from
1981 and 1987. See 47 CFR 73.4100 (Financial qualifications; new AM and
FM stations) and 73.4101 (Financial qualifications, TV stations);
Revision of Application for Construction Permit for Commercial
Broadcast Station (FCC Form 301), Memorandum Opinion and Order, 50
R.R.2d 381, para. 6 (1981) and Certification of Financial Qualification
by Applicants for Broadcast Station Construction Permits, Public
Notice, 2 FCC Rcd 2122 (1987). Section 73.4107 is eliminated as the
cited documents refer
[[Page 7231]]
to a completed proceeding. All of the cited documents concern the
rollout and implementation of Docket 80-90 and the 689 FM allotments
adopted therein. The allotments have been established, the proceeding
is terminated, and we believe there is no public interest served by
listing the cited documents in the policy statement. See 47 CFR 73.4107
(FM broadcast assignments, increasing availability of). We also
eliminate Sec. 73.4108 because this requirement was eliminated for FM
stations. See 47 CFR 73.4108 (FM transmitter site map submissions);
1998 Biennial Regulatory Review--Streamlining of Mass Media
Applications, Rules, and Processes, MM Docket Nos. 98-43 and 94-149,
Report and Order, 13 FCC Rcd 23056, 23082, para. 60 (1998) (rejecting
the suggestion that the Commission continue to require the filing of
site maps, finding it to be an ``unnecessary expense for applicants''
``in most instances''). And we update rules to reflect the availability
of newer versions of procedures and Commission orders. See 47 CFR
73.4210 (Procedure Manual: ``The Public and Broadcasting'') (The rule
is updated to reflect a newer version of the procedure manual, which is
available at: <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 remove outdated
citations and add citations to reflect current policy). See Review of
the Commission's Regulations Governing Attribution of Broadcast and
Cable/MDS Interests, MM Docket Nos. 94-150, 92-51, 87-154, Report and
Order, 14 FCC Rcd 12559 (1999). See also 47 CFR 73.3555, Note 2(j). We
also update certain rules to reflect the subsequent passage of
legislation and the later Commission revision of the relevant policy.
See 47 CFR 73.4055 (Cigarette advertising) (updated to reflect that in
1986, Congress extended the ban to include advertisements for smokeless
tobacco products. See 15 U.S.C. 4402(c)).
Deletion of Obsolete Language Due to Passage of Time and Changes in
Commission Policy
The NPRM proposed to delete language that has become obsolete due
to the passage of time or changes in Commission policy. The comments
received were generally supportive of the effort to update our rules,
and we received no specific objection to these proposals. Therefore,
for the reasons discussed in the NPRM, and described below, we adopt
the proposals as detailed below.
We amend or delete a number of rules that apply exclusively to the
Class A television service, which was authorized by the passage of the
Community Broadcasters Protection Act of 1999 (CBPA). Given that nearly
twenty-five years have elapsed since passage of the CBPA and deadlines
related to its implementation have elapsed, and all operating TV
stations are now digital, we delete a number of rule sections that are
now obsolete. NPRM at paras. 16 and 18 (proposing to remove 47 CFR
73.613 (Note to 73.613(a)) (Protection of Class A TV Stations) and
portions of 47 CFR 73.6018 (Digital Class A TV protection of DTV
stations). We also delete references to digital and DTV. We also delete
the last sentence of 47 CFR 73.623(c)(5) (DTV applications and changes
to DTV allotments). We believe this deletion is further supported by
the fact that this change was also reflected in the Federal Register
publication, 86 FR 66193 (Nov. 22, 2021), which states ``Section 73.623
is amended by revising paragraph (a) and by removing and reserving
paragraphs (c) and (g).'' (emphasis added). 86 FR 66193, 66209 (Nov.
22, 2021). While references to the section were deleted, the subsection
remains in the rules. Additionally, consistent with the NPRM, we amend
the section heading of 47 CFR 73.6022 (Negotiated interference and
relocation agreements)) and delete 47 CFR 73.6022(b) as a pre-DTV
transition rule because Class A stations are no longer subject to
displacement by full-power station modification applications and
channel substitutions. Additionally, since a number of rules relating
to the post-incentive auction transition have deadlines that have
passed, we delete these as obsolete. See the final sentence of 47 CFR
73.6019 (Digital Class A TV station protection of low power TV, TV
translator, digital low power TV and digital TV translator stations),
citing Sec. 73.3700(b)(1).
We amend Sec. 73.1020(a) to delete dates in the past and include
the applicable dates for future license renewal cycles. Given the
timing of the release of this Report and Order and the pendency of the
current television license renewal cycle, we update the dates in Sec.
73.1020 with all future license renewal deadlines. We amend the dates
in Sec. 73.1020(a) from the default time of expiration for initial and
renewal broadcast licenses by state to the license expiration dates for
the next renewal cycle. In addition, we remove as obsolete language
from Sec. 73.1020(b) that refers to the cutoff date for the filing of
applications mutually exclusive with renewal applications that are
filed on or before May 1, 1995, as no such applications are on file.
See 47 CFR 73.1020(b) (Station license period). See also Reading
Broadcasting, Inc., for Renewal of License of Station WTVE(TV), Channel
51 Reading, Pennsylvania and Adams Communications Corporation, for
Construction Permit for a New Television Station to Operate on Channel
51, Reading, Pennsylvania, MM Docket No. 99-153, 17 FCC Rcd 14001,
14002, para. 1 (2002) (In this decision, the Commission explained that
it was ``dispos[ing] of the last remaining `comparative renewal'
proceeding, in which an incumbent licensee faces a comparative
challenge from a construction permit applicant for the same facilities.
Congress, by Act of February 8, 1996, Public Law 104-104, 110 Stat. 56,
codified as 47 CFR 309(k)(4), prohibited the comparative consideration
of renewal applicants filed after May 1, 1995.'').
Similarly, we remove as obsolete due to the passage of time Sec.
73.3598(b)(3), which provides that the period of construction for an
original construction permit will toll for certain reasons of
international coordination during the DTV transition, which is now
complete. We delete language in new Sec. 73.682(d)(1) specifying that
digital standards incorporated by reference into the Commission's rules
became effective October 11, 2011, as the specific start date has long
since passed. We also delete references to DTV and digital. We also
remove as obsolete the portion of Sec. 73.3572(a)(3) providing a
window that expired October 1, 2000 for certain minor change
applications. We also delete provisions that reference the comparative
hearing process, which no longer exists. See 47 CFR 73.1620 (Program
tests) (g)(1) through (3) (Reports required); 73.3519(a) (Repetitious
applications) (the last sentence of subsection (a) that applicants
whose applications have been denied in a comparative hearing may apply
immediately for another available facility); and 73.4082 (Comparative
broadcast hearings--specialized programming formats). We delete Sec.
73.3523, the first sentence of Sec. 73.3516(e), and the second
sentence of Sec. 73.3516(e)(1), which deal with obsolete procedures
regarding mutually exclusive proceedings for renewal applications filed
prior to May 1, 1995. We also delete the first clause of 47 CFR
73.3525(a) (Agreements for removing application conflicts), which
cross-references Sec. 73.3523. In addition, we delete the second
sentence of Sec. 73.3533(b), which discusses an obsolete procedure for
filing construction permit extension
[[Page 7232]]
applications. Specifically, that rule refers to Sec. 73.3534, which
specified three factors that could justify an extension of a
construction permit. The referenced section, however, was deleted in
2004.
We also delete obsolete language in Sec. 73.664(c)(3)(iii)
concerning the certification of equipment. In its comments, CDE states
that it does not agree with our proposal to delete obsolete language in
Sec. 73.664, but does not provide a reason why it disagrees and thus,
there is no basis for us to depart from the proposal in the NPRM.
Accordingly, for the reasons described in the NPRM, we adopt our
proposal to delete the language as obsolete. As explained in the NPRM,
the FCC no longer ``type accepts'' equipment, having overhauled the
process to allow private parties to verify such equipment meets FCC
requirements, and the results of such verifications do not need to be
submitted to the FCC. See 47 CFR 73.664(c)(3)(iii) (Determining
operating power). As explained in the NPRM at n.89, currently, there
are two procedures used for RF device equipment authorization: SDoC and
Certification. See 47 CFR 2.906 (Supplier's Declaration of Conformity)
and 2.907 (Certification); see also Office of Engineering & Technology
(OET), Equipment Authorization, <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. 1, 2023). On July 14, 2017, the Commission amended its
radiofrequency equipment authorization rules. Amendment of Parts 0, 1,
2, 15, and 18 of the Commission's Rules Regarding Authorization of
Radiofrequency Equipment, ET Docket No. 15-170, First Report and Order,
32 FCC Rcd 8746 (2017). The adopted rules phased out the Verification
and Declaration of Conformity equipment authorization procedures and
replaced them with a new equipment authorization procedure, the SDoC.
Federal Communications Commission, Authorization of Radiofrequency
Equipment, 82 FR 50820 (Nov. 2, 2017). A device authorized under
previously accepted procedures remains authorized and may be marketed
or used if it continues to meet the requirements attendant to that
authorization. To the extent CDE is seeking reconsideration of the
Commission's 2017 decision, that request is untimely under 47 U.S.C.
405(a). As reflected in the NPRM, our proposal did not seek to change
the rule substantively, only to update FCC rules to accurately reflect
the current operating environment. Arguments for substantive changes to
the rules that were not the subject of notice and comment in the NPRM
are beyond the scope of this proceeding. We modify text throughout
Sec. 73.664 in order to remove references to analog operations such as
references to the visual transmitter and to peak power. We retain the
remainder of Sec. 73.664 that continues to provide important
information for measuring transmitter operating power even in the post-
transition context. We remove similar references to the visual
transmitter in Sec. 73.688, but retain other portions of this rule.
We delete Sec. Sec. 27.60 (TV/DTV interference protection
criteria) and 27.1310 (Protection of Broadcast Television Service in
the 600 MHz band from wireless operations), which concern the
protection of TV stations on certain channels by wireless services. See
47 CFR 27.60 (TV/DTV interference protection criteria) and 27.1310
(Protection of Broadcast Television Service in the 600 MHz band from
wireless operations). As explained in the NPRM, all of these
protections are for channels above channel 37, and thus are no longer
relevant because the completion of the digital TV transition and the
incentive auction and repacking process reassigned channels in that
range for wireless use.
Reorganization of Subpart E--Television Broadcast Stations
The NPRM proposed to reorganize subpart E of our part 73 rules. We
received no objection to many of these changes and the comments
received were generally supportive of the effort to update our rules.
Therefore, for the reasons discussed in the NPRM, and described below,
we adopt the proposals as detailed below.
As described in the NPRM, full power television began to transition
to digital with the passage of the Telecommunications Act of 1996, and
ended on June 12, 2009, when full power television stations commenced
digital-only operations. Many of these rules adopted during the digital
transition were temporary and meant to be effective only during the DTV
transition. Others, however, had more long term application to digital-
only operations. Because the more long term rules were adopted at the
same time as temporary rules, the NPRM noted that the long term rules
are currently not organized in a straight forward or user-friendly
manner. In addition, there are instances where the rules are
duplicative.
To make the organization of the rules more practical and the rules
easier to find, we largely reorganize subpart E as proposed in the
NPRM, while also adopting some minor clarifications and amendments to
some of the rules. First, we create a new Sec. 73.611 (Emission levels
and mask filters) which relocates, verbatim, the language from Sec.
73.622(h)(1) and (2), which is currently part of the Table of TV
Allotments section. This change will improve the organization of the
rules because this technical rule has little direct relationship to the
Table of TV Allotments.
We next remove the analog power limits from Sec. 73.614(b) (Power
and antenna height requirements) and replace them with the digital
power limits currently found in Sec. 73.622(f)(5) through (8) (Digital
television table of allotments), and clarify in Sec. 73.614(b) that
all applications for new full power television stations, applications
for changes in authorized full power television stations, and petitions
for changes to the Table of TV Allotments must comply with these
requirements. See 47 CFR 73.614(b) (Power and antenna height
requirements). This would make Sec. 73.622(f)(4) redundant, as Sec.
73.622(f)(8) also contains a 1000 kW limit for UHF stations, and, as
proposed, we delete Sec. 73.622(f)(4). We also delete Sec.
73.614(b)(7) (Power and antenna height requirements) as duplicative of
Sec. 73.625(c)(1) (DTV coverage of principal community and antenna
system). See 47 CFR 73.614(b)(7) and 73.625(c)(1). Consistent with the
proposal in the NPRM, we retain for digital operations a requirement
that existed for analog operations that applications will not be
accepted for filing if they specify less than a minimum ERP of 100
watts because the Media Bureau staff already applies this minimum level
in routine processing and we do not believe it is in the public
interest for full power television stations to operate with what is
essentially a low power facility. For stations requesting DTS operation
pursuant to Sec. 73.626 (DTV distributed transmission systems), we
clarify that the 100 watt minimum ERP requirement applies to at least
one site in the DTS. See 47 CFR 73.614(a) (Minimum requirements).
We also amend the rules to collect provisions on related matters
that are currently spread over various rules and group them together.
First, we create a new Sec. 73.617 (Interference protection of other
services) which collects provisions from Sec. Sec. 73.623(e)
(Protection of land mobile operations on channels 14-20), 73.687(e)(3)
through (4), 73.623(f), and 73.685(d). We also adopt our proposal to
substitute ``blanket area'' with ``blanketing,'' which reflects
[[Page 7233]]
the updated term now used by stakeholders. Most of these rules are used
for both licensing and allotments and we believe they will be easier to
identify and use if gathered into one section rather than scattered
among various rules. We also include a new paragraph 73.617(e) to
codify a long standing Commission practice to place a condition on all
television broadcast station authorizations that result in a change in
coverage area, including all authorizations for new stations, which
requires TV broadcasters to identify and notify hospital and other
health care facilities within the station's coverage area to avoid
interference to medical telemetry devices. This condition reflects our
current practice, which had been agreed to between the Commission and
the Food and Drug Administration in 1998, and we believe codifying this
practice in our rules will ensure that all licensees are aware of this
requirement to avoid interference to medical telemetry devices. See
Joint Statement of the Federal Communications Commission and the Food
and Drug Administration Regarding Avoidance of Interference Between
Digital Television and Medical Telemetry Devices (Mar. 25, 1998),
<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>.
We create a new Sec. 73.618 (Antenna location and principal
community coverage), which relocates, verbatim, the language from
73.625(a) (DTV coverage of principal community and antenna system). We
also centralize multiple existing rules into one rule that includes
instructions on how to determine the protected facilities of a
television allotment (see 47 CFR 73.616(c)), the noise-limited contour
level of a television station (see 47 CFR 73.622(e), as amended), how
the noise-limited contour is determined (see 47 CFR 73.625(b), as
amended), and the purposes for which field strength contours are used
(see 47 CFR 73.683(c)). We include these existing requirements in a new
Sec. 73.619 (Contour and service areas), and update the section
heading of Sec. 73.683 to ``Presumptive determination of field
strength at individual locations,'' in order to remove reference to
portions of the rule that are relocated to the new Sec. 73.619.
Similarly, we create a new Sec. 73.620 (Interference calculation and
protection of TV broadcast services) that includes the requirements
currently spread throughout multiple rules in Sec. 73.623(c) and
Sec. Sec. 73.616(d) and (e) (merged into a new Sec. 73.620(a) through
(d)). Additionally, we move the rule from Sec. 73.616(g) to a new
Sec. 73.620(f).
We modify Sec. Sec. 73.622 (Digital television table of
allotments) and 73.623 (DTV applications and changes to DTV allotments)
to separate out rules specific to the Table of TV Allotments and
application processing procedures. In Sec. 73.622(a), we modify the
language to clarify the rule sections specific to petitions to modify
the Table of TV Allotments. Due to this change, Sec. 73.616(a) (Post-
transition DTV station interference protection) becomes largely
duplicative of this revised Sec. 73.622(a) and we thus delete Sec.
73.616(a). We also remove (a)(1) and (a)(2) as redundant with the
content of Sec. 73.603 (Numerical designation of television channels).
We redesignate the language in Sec. 73.622(d)(2) as Sec. 73.622(d),
clarify the rule text to indicate this subsection applies to all
allotments, and clarify that the ``reference coordinates'' for each
allotment are those of the authorized facility (or for new allotments,
the coordinates given in the order amending the Table of TV
Allotments). Section 73.616(b) is duplicative of this revised Sec.
73.622(d) and we thus delete Sec. 73.616(b). We also make editorial
changes for clarity in Sec. 73.622(d).We relocate the text from Sec.
73.623(d), relating to the minimum distance separations for new TV
allotments, to a new Sec. 73.622(k). We also reformatted the table
previously found in Sec. 73.623(d)(2) into new Sec. Sec.
73.622(k)(2)(i) through (iv). In Sec. 73.623(a), we modify the
language to clarify the rule sections specific to application
processing and remove discussion of modifications to the Table of TV
Allotments. We relocate the text from Sec. 73.622(c), regarding the
availability of channels for application, into Sec. 73.623(b).
Finally, we update cross-references found in Sec. 73.623(h) and update
the section heading to ``TV application processing priorities'' in
order to clarify its purpose.
We reorganize Sec. 73.624(b) (Digital television broadcast
stations) for clarity by splitting some of the text in subpart (b) into
a new subpart (b)(1) (requiring stations broadcasting in ATSC 1.0 to
transmit an over the air signal at no direct charge to viewers). We
relocate Sec. 73.685(h) (Transmitter location and antenna system),
pertaining to AM stations, to become new Sec. 73.625(c)(4)(iii) (DTV
coverage of principal community and antenna system). We also relocate
Sec. 73.682(a)(14) (TV transmission standards), regarding the use of
elliptically- and circularly-polarized antennas, to become a new Sec.
73.625(d) (TV coverage of principal community and antenna system). See
new Sec. 73.625(d) (TV antenna system). While the rest of Sec.
73.682(a) related specifically to analog station operations, we believe
this specific subpart of (a)(14) applies to all stations and, as noted
in the NPRM, its content is consistent with the functions in LMS
applicable to applications.
While the current rule structure has become disjointed over the
years, and is only exacerbated by the deletion of obsolete portions of
the rules, the NPRM acknowledged that the structure is also familiar to
many users, including licensees and counsel, and, therefore, users of
our rules may have concerns about a reorganization to our rules that
have been in the same location or under the same section number for
many years. While the NPRM proposed to mitigate that concern by
including cross-references to the new location of a rule in the rule
location where it was previously found, due to publishing conventions
of NARA's Office of the Federal Register, we instead adopt ``Table 1:
Cross-references'' as reflected below, and included herein as Appendix
D, to cross-reference to the old and new location of rules. We find
that providing cross-references in this manner will make it easier for
users to become accustomed to the new structure.
Table 1--Cross-References
------------------------------------------------------------------------
Instead of referencing . . . Reference . . .
------------------------------------------------------------------------
Sec. 73.614(b)(7)....................... Sec. 73.625(c)(1).
Sec. 73.616(a).......................... Sec. 73.622(a).
Sec. 73.616(b).......................... Sec. 73.622(d).
Sec. 73.616(c).......................... Sec. 73.619(d).
Sec. 73.616(d).......................... Sec. 73.620(c).
Sec. 73.616(d)(2)....................... Sec. 73.620(a).
Sec. 73.616(e).......................... Sec. 73.620(d).
Sec. 73.616(g).......................... Sec. 73.620(f).
Sec. 73.622(b).......................... Sec. 73.622(j).
Sec. 73.622(c).......................... Sec. 73.623(b).
Sec. 73.622(e).......................... Sec. 73.619(c).
Sec. 73.622(f)(5)....................... Sec. 73.614(b)(6).
Sec. 73.622(f)(6)....................... Sec. 73.614(b)(1).
Sec. 73.622(f)(7)....................... Sec. 73.614(b)(2).
Sec. 73.622(f)(8)....................... Sec. 73.614(b)(3).
Sec. 73.622(h).......................... Sec. 73.611.
Sec. 73.622(i).......................... Sec. 73.622(j).
Sec. 73.623(c)(1)....................... Sec. 73.618(a).
Sec. 73.623(c)(2)....................... Sec. 73.620.
Sec. 73.623(c)(3)....................... Sec. 73.620(b).
Sec. 73.623(c)(4)....................... Sec. 73.620(a).
Sec. 73.623(c)(5)....................... Sec. 73.620(d).
Sec. 73.623(d).......................... Sec. 73.622(k).
Sec. 73.623(e).......................... Sec. 73.617(a).
Sec. 73.623(f).......................... Sec. 73.617(c).
Sec. 73.623(g).......................... Sec. 73.620(e).
Sec. 73.625(a).......................... Sec. 73.618.
Sec. 73.625(b).......................... Sec. 73.619(b).
Sec. 73.683(c).......................... Sec. 73.619(a).
Sec. 73.685(b).......................... Sec. 73.618(b).
Sec. 73.685(d).......................... Sec. 73.617(d).
Sec. 73.685(f).......................... Sec. 73.625(c).
Sec. 73.687(e).......................... Sec. 73.617(b).
------------------------------------------------------------------------
[[Page 7234]]
Although we did not receive comment on our proposal to relocate
Sec. 73.616(d)(1) to new Sec. 73.620(b), upon further consideration,
we decline to make this change. On reflection, we do not believe that
the reorganization of this section is necessary and could result in
possible confusion for regulatees in the short term. Therefore, we will
maintain the existing placement in our rules and we do not adopt the
location change proposed in the NPRM.
Although we did receive comment objecting to a modification
proposed in the NPRM to Sec. 73.622, for the reasons set forth below,
we decline to modify the proposal and adopt the rule as proposed in the
NPRM. The portions of the rule in Sec. Sec. 73.622(f)(5) through (8)
focused on power and antenna height requirements are sometimes referred
to in Table of TV Allotment proceedings, but they are also frequently
considered in processing applications, and so the NPRM proposed to
include these provisions in a separate subsection to make them easier
to reference regardless of whether an allotment or an application is
being considered. The NPRM also proposed to clarify in the newly placed
Sec. 73.614(b)(6), that the largest station in the market provision
only allows a station to exceed the maximum height for a given channel
and zone, and not the maximum power for that channel and zone. The NPRM
suggested this addition to the rule is consistent with a clarification
adopted by the Commission in 2001.
Maranatha Broadcasting Company, Inc. (Maranatha), the licensee of
WDPN-TV, channel 2, Wilmington, Delaware objects to our proposed
codification of the Commission's 2001 clarification that a station may
not exceed the ERP power level assigned in the station's zone and
asserts that the Commission should retain the ``largest station'' rule
or ``make clear that any change that [the Commission] is making to its
rules do[es] [sic] not preclude power increases above zone maximums by
low-VHF stations necessary to overcome the shortcomings of their
digital signals and impulse noise inference.'' Maranatha acknowledges
that the Commission's 2001 decision clarifies that low-VHF stations in
Zone I, like WDPN-TV, are limited to an ERP of 10 kW under the rules.
The Commission has recognized, however, that significant over-the-air
reception problems may exist within the service area of VHF stations,
due to the propagation characteristics of digital VHF signals and the
deleterious effects of manmade noise on the reception of these signals.
See Innovation in the Broadcast Television Bands: Allocations, Channel
Sharing and Improvements to VHF, ET Docket No. 10-235, Notice of
Proposed Rulemaking, 25 FCC Rcd 16498, 16511, para. 42 (2010). Thus,
since the end of the DTV transition in June 2009, Commission staff has
waived the power limits in Sec. Sec. 73.622(f)(5) or (6) of the rules
a number of times to increase the power levels of stations operating on
low VHF channels above the 10 kW limit set forth in the rules. Indeed,
WDPN-TV, on RF channel 2 in Zone I, currently operates with an ERP of
34 kW, pursuant to a waiver of Sec. 73.622(f)(6). We do not believe
that codifying the 2001 clarification limits our ability to grant such
waivers upon an appropriate showing, as we have for WDPN-TV, and thus
we believe it is unnecessary to depart from the NPRM's proposal to
revise Sec. 73.622 as Maranatha requests, and we adopt the NPRM's
proposal.
The NPRM proposed to move Sec. 73.625(b)(2) to new Sec.
73.619(b)(2), which describes the equation for determining the
``depression angle between the transmitting antenna center of radiation
and the radio horizon'' as A = 0.0277 square root of H. This
calculation is used for contour projection. In that description, there
is no mathematical operator (a multiplication sign) between the
coefficient (0.0277) and the variable ([radic]H). NAB responded in its
comments that it believes that the equation, if written out, should
correctly be A = 0.0277 times the square root of H, or preferably
expressed in standard mathematical form as:
A = 0.0277 x [radic]H
We agree with this clarification because it will make the formula
clearer, and amend the adopted Sec. 73.619(b)(2) accordingly. We find
good cause to make this revision without notice and comment. See 5
U.S.C. 553(b)(3)(B) (providing that notice and comment are not required
``when the agency for good cause finds . . . that notice and public
procedure thereon are . . . unnecessary . . .''). This revision is a
non-substantive change and merely more accurately sets forth the
equation in Sec. 73.619(b)(2) of the rules to make the formula
clearer.
Protection of Land Mobile Radio Service
We adopt the proposals set forth in the NPRM relating to full power
television protection of LMRS with some clarifications. The NPRM
inadvertently stated that Sec. 73.623(e) applied to Class A stations,
but this was incorrect. Class A stations are required to protect LMRS
operations using the criteria found in Sec. 73.6020. Section 73.623(e)
of the rules requires full power television stations to protect certain
channels for use by LMRS in thirteen U.S. cities. The set of
coordinates for the city centers were calculated based on the 1927
North American Datum (NAD 27). As a result of improvements in
technology and measuring capabilities, NAD 27 has been superseded by
the 1983 North American Datum (NAD 83). The Commission's Office of
Engineering and Technology and Office of the Managing Director have
previously explained that ``[g]eodetic datum is a set of constants
specifying the coordinate system used for calculating the coordinates
of points on the Earth. NAD 83 was developed based on satellite and
remote-sensing measurement techniques, and provides greater accuracy
than the older NAD 27.'' See Amendment of Parts 1, 2, 25, 73, 74, 90,
and 97 of the Commission's Rules to Make Non-Substantive Editorial
Revisions to the Table of Frequency Allocations and to Various Service
Rules, Memorandum Opinion and Order, 23 FCC Rcd 3775, 3796, para. 61,
n.101 (OET/OMD 2008). Because it provides greater accuracy and the
older NAD 27 is outdated, the Commission previously amended Commission
rules to use NAD 83 for purposes of specifying these coordinates.
The NPRM tentatively concluded that updating the coordinates in
Sec. 73.623(e) to NAD 83 would serve the public interest by conforming
the values with the coordinate system used in the Commission's LMS
database and with those found in Sec. 90.303(b) of the rules, which
define the service that Sec. 73.623(e) protects. As such, the NPRM
tentatively concluded that conforming the values in these rules helps
to ensure that land mobile operations are more appropriately considered
and protected from full power operations. The Enterprise Wireless
Alliance (EWA) agrees that Sec. Sec. 73.623(e) and 90.303(b) should be
synced to avoid future issues as to whether protections afforded land
mobile operations are in compliance with FCC requirements.
NAB prefers a different result than matching Sec. Sec. 73.623(e)
and 90.303(b). NAB states that the National Geodetic Survey had
developed an algorithm known as the North American Datum Conversion
program (NADCON) to convert from NAD 27 to NAD 83 coordinates, which
has been superseded by the NGS Coordinate Conversion and Transformation
Tool (NCAT) and is now the ``authoritative source for coordinate
conversions.'' NAB argues that we have ignored the use of NCAT in favor
of
[[Page 7235]]
simply matching a part 90 rule, which NAB alleges ``can result in
errors that may conflict with FAA tower locations, distances from
international borders, county boundaries, and other critical
determinations.'' NAB also requests that any updates to the coordinates
not result in stations having to relocate.
NAB's approach is not consistent with existing Commission rules or
the Commission's prior actions. In the 2023 Part 74 Report and Order,
the Commission amended Sec. 74.709, which defines the same land mobile
station protection requirement for LPTV/translator stations, to conform
with the longitude in Sec. 90.303(b). In that proceeding, NAB and
another commenter agreed that a few of the proposed coordinates were
different from those derived if the existing coordinates were converted
to NAD 83 via the update to NADCON. The NPRM noted, and NAB
acknowledges in its comments in this proceeding, that the coordinates
we proposed found in part 90 of the Commission's rules differed by 25
meters at most (approximately 82 feet). Given that the values in the
table are designed to protect the part 90 service, the most consistent
approach was to make the values in Sec. 74.709 match those in Sec.
90.303. NAB provides no explanation and we are aware of no reason to
believe that this issue is different for full power and Class A
stations than it is for LPTV/translator stations. We do not believe
that conforming the rules to part 90 will result in errors as NAB
suggests. Therefore, we believe the same approach adopted in the 2023
Part 74 Report and Order and proposed in the NPRM is appropriate with
respect to full power and Class A television stations and we adopt the
proposal in the NPRM. Given the small differences involved, we believe
it is unlikely that these minor corrections would result in any
stations suddenly finding themselves no longer compliant with land
mobile protection requirements. But in response to NAB's concern, we
clarify that we will not require existing full power television
stations to make changes due to these coordinate updates.
NAB also urges the Commission to delete from proposed Sec.
73.617(a) the requirement that full power and Class A television
stations protect the channels assigned to Cleveland, Ohio and Detroit,
Michigan, as well as to delete references to those cities from Sec.
90.303(b), where a footnote already states that those channels ``are
not available [ ] until further order from the Commission.'' In the
2023 Part 74 Report and Order, the Commission noted that a pending
petition for rulemaking submitted by the Land Mobile Communications
Council (LMCC) also proposes removing the Cleveland and Detroit rows
from the relevant rule section in part 90. See Consumer & Governmental
Affairs Bureau Reference Information Center, Petition for Rulemakings
Filed, Land Mobile Communications Counsel (LMCC), Petition for
Rulemaking in the Matter of Subpart L of Part 90 of FCC Rules: Updated
Method to Determine Potential Interference Between Land Mobile Stations
and Digital Television Stations Operating in the 470-512 MHz Band (``T-
Band''), Public Notice, Report No. 3186 (CGB Jan. 12, 2022); Petition
for Rulemaking of Land Mobile Communications Council, RM-11915 (filed
June 24, 2021). Due to the pendency of that petition, the Commission
declined to add a note to Sec. 74.709(a), and stated its belief that
the decision would not create confusion as the note in part 90 already
indicated that the Cleveland and Detroit channels are not available and
thus, those areas do not require protection. Consistent with that
finding, we decline to add a note to Sec. 73.617(a) or to make
additional deletions in this section of the full power television rules
for the same reasons. NAB also asks that we ``reiterate the policy
expressed in Docket 87-465. Namely, `[t]he TV station will not be
responsible for bringing a poor quality land mobile station up to the
industry's normal performance level or for protecting a facility
attempting service well beyond a normal distance' '' and that ``. . .
[i]t is not the policy of the Commission to always provide interference
protection to the worst . . . performing receivers.'' (internal
footnotes omitted). NAB Comments at 5-6, citing Resolution of
Interference between UHF Channels 14 and 69 and Adjacent-channel Land
Mobile Operations, MM Docket 87-465, Report and Order, 6 FCC Rcd 5148,
5153-4 at para. 29 (1991). NAB also cites to Land Mobile Communications
Council, ``Request for Relief from Interference from Digital Television
Stations,'' (Aug. 28, 2020), available at: <a href="https://wirelesscouncil.org/wp-content/uploads/2020/08/LMCC-Ltr-Re-DTV-Interference-082820.pdf">https://wirelesscouncil.org/wp-content/uploads/2020/08/LMCC-Ltr-Re-DTV-Interference-082820.pdf</a>. NAB
Comments at 5. We see no reason to do so. The Commission's policy is
still accepted and in use. See, e.g., Amendment of Section 73.622(i),
Post-Transition Table of DTV Allotments, Television Broadcast Stations
(Tulsa, Oklahoma), MB Docket No. 21-9, Report and Order, 36 FCC Rcd
13620 (Vid. Div. 2021). In response to NAB's request that we reiterate
the policy expressed in Docket 87-465, we find that this is outside the
scope of our proceeding, but we note that the minor adjustments to the
coordinates we are making here do not change any existing Commission
policy.
Having received no specific objections, and because the comments
received were generally supportive of the effort to update our rules,
consistent with our proposal in the NPRM, we also amend Sec.
73.1620(a)(1) (Program tests) to remind full power and Class A
television stations on channel 14 of the requirement found in Sec.
73.687(e)(4)(iii) that they request Program Test Authority (PTA) prior
to commencing operation of new or modified facilities. We also include
a new sentence codifying the practice of requiring LPTV and TV
translator stations on channel 14 to request PTA prior to beginning
operation with new or modified facilities. We believe that adding rule
text reflecting this practice consistently across all television
services will better reflect the purpose of the requirement to protect
existing land mobile operations.
Coverage Area--Determining Coverage
The NPRM proposed amendments relating to the calculation of HAAT
and determination of coverage. The NPRM noted that Sec. 73.625(b) of
the Commission's rules describes how coverage and HAAT are to be
calculated or determined. The Commission proposed to make changes to
certain procedures contained in Sec. 73.625(b), which we believe are
obsolete, unnecessary, and are otherwise superseded by the software
based tools that the FCC and industry use to prepare and process
applications. We received some specific comments suggesting
modifications of the proposals in the NPRM. As discussed below, we are
not persuaded by those comments, and, because the other comments
received were generally supportive of the effort to update our rules,
we thus adopt the proposals as stated in the NPRM, with a clarification
offered in light of NAB's comments.
We remove the second sentence of paragraph (b)(2), which indicates
that when the relative field strength at a depression angle is 90% or
greater, the 100% value should be used. This wording would create a
discontinuity in the contour, and is inconsistent with how application
processing software functions. Having received no objections to this
proposal, we adopt it.
As noted in the NPRM, Sec. 73.625(b)(5) specifies a number of
paper maps which should be used to prepare the profile graphs described
in paragraph (b)(4), and to determine the location and
[[Page 7236]]
height above sea level of the antenna height. Multiple references to
various sources of paper maps contained in the rule are outdated
methods to make these types of calculations. We therefore remove those
references to outmoded paper maps and replace them with a reference to
the National Elevation Dataset and other similar bald earth terrain
datasets which are used by modern automated software currently used by
the Commission and industry. In paragraph (b)(6), we clarify that we
generally expect these calculations to be done via computer, versus the
preference for paper calculations that was specified previously, and
then indicate that to the extent a submission to the Commission uses
sources different from those officially reflected in our rules, those
sources should be clearly identified in the submission.
As discussed below, commenters expressed concern about certain
proposals in the NPRM to eliminate the requirement to produce and
submit profile graphs and to streamline the section in order to bring
it into line with modern software-based tools used to determine
contours and HAAT today. Upon consideration of those comments, we adopt
the proposals in the NPRM, including our proposal to eliminate the
requirement to produce and submit profile graphs, with certain
clarifications as described below.
As explained in the NPRM, the fifth and sixth sentences in
paragraph (b)(4) of Sec. 73.625 discuss the creation and submission of
a radial in the direction of the community of license. See 47 CFR
73.684(d) (1963) (Section 73.625(b)(4) was largely adapted from Sec.
73.684(d), and Sec. 73.684(d) itself had been condensed since the 1963
version of the rule. The 1963 version more clearly details the purpose
and execution of the rule than the current text.). The rule does not
require the use of a radial in the direction of the community of
license in any other calculations, so with the elimination of the
requirement to produce and submit profile graphs of radials, a rule
that requires the calculation of this radial becomes unnecessary.
Moreover, the software-based tools the Commission and industry use to
process and prepare applications do not produce this radial. As such,
the NPRM proposed to delete the language. Paragraph (b)(4) also
contains similar detail in the seventh and eighth sentences explaining
how and when to produce and submit a profile graph for radials over
water or foreign territory. Again, with the elimination of the
requirement to produce and submit profile graphs of radials, the NPRM
stated that the Commission believes this calculation for radials over
water or foreign territory is unnecessary. The rule itself does not
require the radials to be used in any other calculations and automated
software used by the Commission and industry does not do this. As such,
the NPRM proposed to delete this language. We also adopt our proposal
to delete the companion language in Sec. 73.681 in the definition of
``antenna height above average terrain.'' Paragraph (b)(4) also
describes how to plot the radials on a graph and provides a range of
options for the number of points of elevation to use in each radial.
The NPRM proposed to conform the requirement to reference the TVStudy
software currently used for preparing and processing applications, and
specify the use of 10 points per kilometer in all circumstances
consistent with present practice found in the TVStudy software used by
the Commission and licensees to process and prepare applications. See
Federal Communications Commission, Office of Engineering and
Technology, TVStudy Interference Analysis Software, <a href="https://www.fcc.gov/oet/tvstudy">https://www.fcc.gov/oet/tvstudy</a> (last visited Aug. 1, 2023) (the ``FCC
Contours'' screen in the ``Parameters'' tab of TVStudy provides a
default value of 10 points per kilometer using the default Interference
Check template).
CDE indicates in its comments that it disagrees with this proposal
to the extent it would eliminate those parts of Sec. 73.625 that
discuss the creation and submission of a radial in the direction of the
community of license and explains how and when to produce and submit a
profile graph for radials over water or foreign territory. But CDE does
not provide an explanation for its position except to say that ``Not
Agreed Reason--certain terrain situations require greater detail and
study.'' As a result, CDE did not provide any explanation of how the
change would undermine detail available in the prior version of the
rule. Therefore, CDE's comment provides no basis upon which we would
amend the proposal included in the NPRM, and we therefore adopt it.
Furthermore, to the extent that there are terrain differences in the
direction of a station's community license, water, or foreign
territory, the software based tools that the Commission and industry
use to prepare and process applications account for and visualize those
differences and so we give no weight to CDE's objection. We note that
to the extent additional detail may be needed, per CDE Supplemental
Comments 2, nothing prevents a station from providing that additional
detail when submitting applications to the Media Bureau, but it is not
needed in many cases and we do not believe it is practical for the
rules to continue to require all stations to provide documentation that
the vast majority do not need to provide.
NAB expresses concern that deleting parts of Sec. 73.625(b)(4)
describing the HAAT calculation, as well as the related words ``less
than 8 directions may be used'' in Sec. 73.681, could require some
stations to make changes in their current licensed facilities. NAB
suggests the proposed change could alter HAAT and power calculations
for many existing stations. As examples, NAB cites three instances
where application of the proposed rule could potentially require
stations to reduce power for transmitting sites involving fewer than
eight radials or using radials other than the ``eight cardinal
radials,'' and suggests there could be other instances in which this
situation arises. NAB does not request that the referenced words be
kept in the rule, but instead seeks assurance that stations presently
operating or proposed to operate from sites having an average terrain
value determined by means other than the proposed uniform eight-radial
method can continue to use the present average terrain elevation and,
by extension, determine their HAAT and ERP values using the historic
values.
We note that all full power and Class A television stations have
been operating with digital authorizations issued using the then-most
recent version of the Commission's application processing software, and
that the software-based tools the Commission and industry use to
process and prepare applications do not produce these modified radials.
Therefore, we do not foresee, nor do we intend, that the rule change
would require a station to reduce power. In response to NAB's concern,
however, we clarify we do not expect full power television stations
will need to make changes solely due to this amendment to Sec.
73.625(b)(4), and we will allow stations to continue to use a historic
HAAT calculation for a given location if one was previously used to
comply with the rules regarding power limits. We adopt the rule change
as proposed in the NPRM.
The NPRM also proposed to delete unnecessary references in the
rule. There are several sentences in paragraph (b)(4) which describe
how profile graphs should be formatted for submission to the FCC.
Because we eliminate the requirement to submit profile graphs, we also
proposed to delete the formatting requirements. The rule also provides
multiple options on how to obtain elevation points. The software
[[Page 7237]]
currently used by the Commission and industry, however, simply averages
the points as provided in the first option. The NPRM proposed to delete
the text on options to obtain elevation points and clarify the use of
the average of points elsewhere in the paragraph. Finally, the NPRM
proposed to add a sentence clarifying that actual calculated values are
used to determine the HAAT, and to eliminate the final two sentences of
paragraph (b)(4) which are no longer used with the conversion from
analog to digital. Specifically, this language is no longer necessary
due to the change from the requirements of providing a city grade
strength signal of 74-80 dBu, depending on channel, to a principal
community strength signal of 35-48 dBu depending on channel. With the
conversion from analog to digital, the use of the city grade contour to
determine community coverage was replaced with the use of the minimum
service level contour, which tends to be significantly larger, making
the issue of an inability to reach the community of license that this
rule was designed to capture significantly less likely. Although CDE
stated it disagreed, noting that ``certain terrain situations and
obstacles require greater detail and study,'' it did not provide any
explanation of that position of how the change would undermine detail
available in the prior version of the rule. Without such rationale, we
find no basis to reject the proposed changes and thus we adopt the
proposals.
Antenna Patterns
With some clarifying changes, we adopt all but one of the proposals
set forth in the NPRM relating to antenna patterns. The NPRM proposed
to clarify, in Sec. 73.625(c)(3)(ii) of the rules, that the horizontal
power is to be higher than or equal to the vertical power in all
directions, and require documentation that the antenna meets this
requirement. The Commission stated in the NPRM that this clarification
is consistent with the requirements contained in Sec. 73.682(a)(14).
No commenter objects to this proposal, but NAB does offer an
observation. Specifically, NAB notes that over the years, the meaning
of the phrase ``horizontal plane pattern'' in proposed Sec.
73.625(c)(3)(ii) and (v) no longer means the same as the ``azimuth
plane pattern,'' which is the pattern supplied by antenna
manufacturers. Therefore, NAB suggests that it would be more accurate
to refer simply to the ``azimuth plane pattern'' of the antenna in an
application. NAB also notes that the horizontal plane pattern of the
antenna may be required for certain calculations, such as those
relating to bilateral agreements between the United States and Mexico,
and when required, has no objection to providing both the azimuth plane
and horizontal plane patterns. We agree with NAB and adopt the proposed
changes to the rule with the adjustments NAB suggests, including the
addition of text to the adopted rule clarifying that Media Bureau staff
can ask a station for additional documentation for the purpose of
coordination with Mexico or Canada should it be requested. We note that
one goal here is to ensure that undistorted and complete antenna
patterns are available for review. For example, when a station with
mechanical beam tilt files a distorted horizontal plane pattern in LMS
to reflect what the antenna looks like in terms of interference to
other stations, it can be difficult or impossible to determine the
undistorted azimuth pattern absent additional documentation. A station
with mechanical beam tilt should instead submit in LMS an undistorted
azimuth and elevation pattern and provide the amount and azimuth of the
mechanical tilt, or may submit a matrix pattern, but such stations are
not required to do so.
The NPRM also proposed to update Sec. 73.625(c)(3)(ii) to reflect
that the LMS filing system permits two methods of specifying
mechanically beam tilted facilities. While we received no opposition to
this proposal, on further reflection, we note that this type of
specific reference to our filing system procedure is not typically
contained in our rules, but rather is contained in the instructions of
the application form, and thus we decline to adopt it.
In the NPRM, the Commission noted that Sec. 73.625(c)(3)(v) is
outdated, as it requires that horizontal plane patterns be plotted ``to
the largest scale possible on unglazed letter-size polar coordinate
paper.'' The NPRM proposed instead to require licensees to submit
patterns in the form of a .pdf attachment to an application filed in
LMS, and clarified that similar plots are required for elevation or
matrix patterns submitted in the LMS form. See revised Sec.
73.625(c)(3)(vi) and new Sec. 73.625(c)(3)(vii). The NPRM stated that
this approach provides flexibility to applicants and conforms to modern
practices.
CDE indicates in its comments that it disagrees with this proposal,
but merely states ``Not Agreed For ATSC 3.0 SFN.'' Because CDE did not
provide any further explanation of the basis or perceived negative
impact of the proposal, CDE provides no basis upon which we would amend
the proposal included in the NPRM. Moreover, we believe the software
driven approach provides more detailed information than the plane
patterns manually plotted on paper and CDE's comment offered nothing to
refute our conclusion based on several years of experience processing
applications filed in LMS.
NAB states that with respect to the matrix antenna patterns
described in proposed Sec. 73.625(c)(3)(viii), for which a single
azimuth and elevation pattern is not sufficient to specify the overall
radiation characteristics of the antenna, it believes that a
spreadsheet tabulation of relative field values is far more useful than
.pdf attachments. NAB further states that because of the varying nature
of a matrix antenna pattern, hundreds of .pdf representations may be
needed to accurately convey the complete pattern. NAB therefore
suggests that the Commission require only one or two representative
azimuth and elevation patterns be supplied in a .pdf attachment and if
additional visualizations are needed, the tabular spreadsheet data can
be used in spreadsheet software to produce them. We agree with NAB's
approach and revise the rule accordingly.
Subscription TV (STV) Rules
The NPRM proposed to eliminate certain obsolete STV rules. The
comments received were generally supportive of the effort to update our
rules, and we received no specific objection to these proposals.
Therefore, for the reasons discussed in the NPRM, and described below,
we adopt the proposals. As stated in the NPRM, Sec. Sec. 73.641
through 73.644, 73.4247, 73.6026, and 74.732(e) contain the rules that
allowed analog full power, Class A, and LPTV stations to offer a
subscription television service ``for a fee or charge.'' With the
elimination of analog service, there are no full power television
stations operating pursuant to the STV rules and LMS does not permit
the filing of applications or requests to operate in an STV mode.
Sections 73.642(b) (Subscription TV service) and 74.732(e) (Eligibility
and licensing requirements) require that stations notify the Commission
when they commence STV operations, and that full power and Class A
stations notify the Commission when they discontinue STV operations or
change their encoding equipment. The Bureau has not received any such
filings in at least the past 25 years. Accordingly, these STV rules and
references to them in parts 73 and 74 are obsolete and we eliminate
them. See 47 CFR 73.641 (Subscription TV definitions); 73.642
(Subscription TV service); 73.643 (Subscription TV operating
[[Page 7238]]
requirements); 73.644 (Subscription TV transmission systems); 73.4247
(STV: Competing applications); 73.1201(d) (Station identification for
subscription television stations); 74.701(f) (Low power TV station);
73.682(b) (Subscription TV technical systems); 73.6026 (deleting cross-
references to 73.642 through 73.644) (Broadcast regulations applicable
to Class A television stations); and 74.732(e) (Eligibility and
licensing requirements).
Special Criteria for Converting Vacant Commercial Channels to Reserved
Status
The NPRM proposed to amend Sec. 73.622(a) to remove a reference to
a needs-based test. The comments received were generally supportive of
the effort to update our rules, and we received no specific objection
to this proposal. Therefore, for the reasons discussed in the NPRM, and
described below, we adopt the proposal. As stated in the NPRM, in 2000,
the Commission adopted a needs-based test in Sec. 73.622(a) for future
rulemakings allowing noncommercial educational (NCE) entities to
request that ``non-reserved channels not already in the Table of
Allotments be added and reserved for NCE use.'' Since the Commission
adopted this needs based test in 2000, the Media Bureau has never been
asked to apply it to television stations. Further, the television band
has been reallocated and repacked from channels 2-69 to channels 2-36,
significantly decreasing the number of available channels. Therefore,
Sec. 73.622(a) is amended to remove this language as we believe that
it does not serve a practical purpose in the current environment. We do
not intend, however, to eliminate the ability of an NCE entity to
reserve one of the few vacant television channels currently in the
Table of TV Allotments. We note that an NCE entity may still file a
rulemaking petition to request that the Commission reserve the channel
for noncommercial educational use, without being required to rely on
the special process enumerated in Sec. 73.622(a).
Other Technical and Miscellaneous Updates
Special Service Authorization. The NPRM proposed to remove Sec.
73.3543 as obsolete. The comments received were generally supportive of
the effort to update our rules, and we received no specific objection
to this proposal. Therefore, for the reasons discussed in the NPRM, and
described below, we delete the rule. Section 73.3543 (Application for
renewal or modification of special service authorization) provides that
no new special service authorizations may be issued after 1958,
however, renewals or modifications will be considered in certain
circumstances. We are unaware of any such authorizations today, and
thus we conclude the rule is obsolete and delete it.
Broadcast Data Bases. The NPRM proposed to revise the Commission's
rules to update references to historical and current databases and
other reference material. The comments received were generally
supportive of the effort to update our rules, and we received no
specific objection to this proposal. Therefore, for the reasons
discussed in the NPRM, and described below, we adopt the proposals.
Section 0.434 (Data bases and lists of authorized broadcast stations
and pending broadcast applications) refers to Broadcast Application
Processing System (BAPS), which is a legacy database system that has
not been in use at the Commission for many years. The Media Bureau
currently uses LMS for application processing, which replaced the prior
CDBS system, which itself replaced BAPS around the year 2000. Thus, the
reference to BAPS is obsolete and we delete it. We additionally remove
the word ``periodically'' since an updated LMS download is provided
daily, remove the link to ``<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 delete the sentences stating
that copies of lists of stations and applications are available for
inspection at the Commission's Reference Information Center because
this information is now made available electronically via LMS. We note
that the NPRM proposed removing references to paper copies, viewing
paper copies on microfiche, and that the paper copies of lists can be
purchased from the FCC's duplicating contractor in the NPRM at para.
46. However, we note, since release of the NPRM, the Commission revised
47 CFR 0.434 to remove these references. See Establishment of the Space
Bureau and the Office of International Affairs and Reorganization of
the Consumer and Governmental Affairs Bureau and the Office of the
Managing Director, MD Docket No. 23-12, FCC 23-1 (Jan. 9, 2023).
Therefore, we do not adopt these changes in this Report and Order.
Distributed Transmission System Rule Clarification. The NPRM
proposed to clarify the language in our distributed transmission system
(DTS) rule. The comments received were generally supportive of the
effort to update our rules, and we received no specific objection to
these proposals. Therefore, for the reasons stated in the NPRM, we
adopt the proposals. Since adoption of the revised Sec. 73.626 in
January 2021, questions have arisen about how the rules are to be
applied. For example, the rule text makes several references to the
term ``reference facility'' without defining that term, and
inaccurately conflates the reference point with the coordinates of the
facility which produces the authorized service area. To make the intent
and application of the rule less ambiguous, we modify language in
Sec. Sec. 73.626(b) and (f)(2), as proposed in the NPRM. We define the
term ``authorized facility'' (The revised Sec. 73.626(b) states that
``For purposes of compliance with this section, a station's `authorized
service area' is defined as the area within its predicted noise-limited
service contour determined using the facilities authorized for the
station in a license or construction permit for non-DTS, single-
transmitter-location operation (its `authorized facility').'') and then
replace all uses of the term ``reference facility'' with the term
``authorized facility'' in the appropriate locations. See revised
Sec. Sec. 73.626(f)(2)(i) through (iii). We further replace the term
``reference point'' with ``site of its authorized facility'' in places
where the term ``reference point'' is improperly used. See revised
Sec. Sec. 73.626(f)(2)(ii) through (iii). Finally, we clarify when
specifically the Table of Distances values should be applied. See
revised Sec. Sec. 73.626(f)(2)(i) through (ii). We believe this
clarifying language will better reflect the method described in the
2021 DTS Order and used in processing such applications. We remove
language from Sec. 73.626(f)(2) which is improperly specific to the
station's authorized service area, and which incorrectly implied that
the Table of Distances circle is not applicable here.
Transport Stream ID. The NPRM proposed to require that all full-
power and Class A TV stations broadcast with their assigned transport
stream ID (TSID) or bit stream ID (BSID) in the ATSC 3.0 context. The
comments received were generally supportive of the effort to update our
rules, and we received no specific objection to these proposals.
Therefore, for the reasons stated in the NPRM, we adopt them. As noted
in the NPRM, all full-power and Class A TV stations are assigned a
unique TSID, which is required to be transmitted in order to provide
the Program and System Information Protocol (PSIP) data required by
Sec. 73.682(d) (Broadcast television
[[Page 7239]]
transmission standard). Consistent with that rule, we clarify that all
such stations must broadcast with their assigned TSID during their
hours of operation. See revised Sec. 73.1201 (Station identification).
In its Second Periodic Review, the Commission stated that
``broadcasters are required to transmit the TSIDs assigned for their
stations in their digital transmission.'' We believe that it is in the
public interest to move this requirement into a separate rule for ease
of reference. Similarly, we adopt the same requirement with respect to
a station's BSID, which is the ATSC 3.0 equivalent to TSID, in order to
promote consistency.
Class A US-Mexico Border Zone. The NPRM proposed to amend Sec.
73.6024(d) to require Class A stations within 275 kilometers of the US-
Mexico border to specify a full-service emission mask in any
modification application. The comments received were generally
supportive of the effort to update our rules, and we received no
specific objection to this proposal. Therefore, for the reasons stated
in the NPRM, we adopt it. As explained in the NPRM, full power
television stations are required to use full service masks to attenuate
the power level of emissions outside their authorized channel of
operation in specified amounts expressed in decibels (dB). Section
74.794, which allows LPTV and TV translators to specify use of a
simple, stringent, or full service mask, also applies to Class A
television stations. The Commission's rules require coordination of
applications in border regions with the neighboring countries'
appropriate regulatory officials. Under the Exchange of Coordination
Letters with IFT Regarding DTV Transition and Reconfiguration of 600
MHz Spectrum, signed between the FCC and Mexico's Instituto Federal de
Telecomunicaciones (IFT) in July 2015, the use of Tables 1 and 6 were
approved for television station realignment. Class A stations approved
by Mexico in Table 6 are grouped with full-service stations. There is
no allowance for use of a simple or stringent emission mask for any
operation within these Tables; however, Sec. 73.6024(d) applies to
coordination of stations in proximity of the US border with Mexico. It
is the Media Bureau staff's experience that IFT routinely requests that
applications submitted for coordination of Class A stations specify a
full-service emission mask, and if such applications do not initially
specify the full-service emission mask, IFT asks for it to be included
in an amendment. This two-step process increases the processing burdens
on the FCC, IFT, and stations, and results in delays in granting
applications. Therefore, the NPRM proposed to amend Section 73.6024(d)
to require Class A stations within 275 kilometers of the US-Mexico
border to specify a full-service emission mask in any modification
application, and we adopt that proposal here.
Class A Antenna System. The NPRM proposed to replace the separate
Class A antenna pattern documentation requirements with a reference to
the analogous full-power version of the rule for consistency. The
comments received were generally supportive of the effort to update our
rules, and we received no specific objection to this proposal.
Therefore, for the reasons stated in the NPRM, we adopt it. We delete
language in Sec. 73.6025(a) nearly identical to that in Sec.
73.625(c)(3). These rule sections provide similar requirements
regarding how applicants should describe and document antenna patterns
submitted in their applications. Some sections are identical
(specifically, Sec. 73.625(c)(3)(iii) is identical to Sec.
73.6025(a)(3), Sec. 73.625(c)(3)(iv) is identical to Sec.
73.6025(a)(4), and Sec. 73.625(c)(3)(vi) is identical to Sec.
73.6025(a)(5)), but in others, there are a few minor differences. We
conclude that the very minor distinctions between the language in the
two sections are insignificant and that no purpose is served by having
two essentially duplicative rules in part 73. Class A licensees are
required to comply with all part 73 regulations except for those that
cannot apply for technical or other reasons. Class A Report and Order,
15 FCC Rcd at 6365, para. 23. Section 73.625(c)(3), which requires
applicants to submit documentation regarding the antenna they are
proposing to install, is clearly a rule with which they can comply. We
will cross-reference Sec. 73.625(c)(3) in Sec. 73.6025(a),
eliminating the duplication but making clear that the requirements in
Sec. 73.625(c)(3) continue to apply to Class A television stations. We
also modified Sec. Sec. 73.625(c)(3)(ii) and 73.625(c)(3)(v). We also
added new Sec. Sec. 73.625(c)(3)(vii) and (viii) to account for
stations submitting elevation or matrix patterns.
Minimum Video Program Requirements. The NPRM proposed to update a
Class A television rule in order to conform the rule with an update
made elsewhere in the NPRM. The comments received were generally
supportive of the effort to update our rules, and we received no
specific objection to this proposal. Therefore, for the reasons stated
in the NPRM, we adopt it. As noted above, we delete much of Sec.
73.624(b). Section 73.6026 (Broadcast regulations applicable to Class A
television stations) lists Sec. 73.624 as a rule applicable to Class A
stations and includes a note stating that ``Section 73.624(b) will
apply only to the extent that such stations must also transmit at least
one over-the-air video program signal at no direct charge to viewers of
the digital Class A station.'' We remove that text in Sec. 73.6026
because it duplicates language also included in 73.624(b). We also
clarify that this change mandates the use of a minimum 480i video
resolution by Class A stations. This requirement is consistent with
full-power and LPTV/translator stations (as adopted in the 2023 Part 74
Report and Order), and we believe it is reasonable to also apply it
consistently to Class A stations for regulatory parity between the
television services.
Transmitting Antenna Site. The NPRM proposed to replace the term
``transmitter site'' in our rules with ``transmitting antenna site.''
The comments received were generally supportive of the effort to update
our rules, and we received no specific objection to this proposal.
Therefore for the reasons stated in the NPRM, we adopt it. Section
73.619(a)(1) (we moved this rule from Sec. 73.683(c)(1)) refers to the
estimation of a station's coverage area based on a ``particular
transmitter site.'' We note that our application forms do not request
information about the location of a station transmitter but about the
location of its antenna instead. We modify the language in the rule to
refer to a ``particular transmitting antenna site.'' This is consistent
with language that has been used in other parts of the rules, and with
a proposal the Commission adopted in the 2023 Part 74 Report and Order.
Corrections to Inadvertent Oversights from Prior Rulemakings. The
NPRM proposed to make various corrections to the rules as a result of
inadvertent oversights from prior rulemakings. The comments received
were generally supportive of the effort to update our rules, and we
received no specific objection to this proposal. Therefore, for the
reasons stated in the NPRM, we adopt it. Because the requirements of
the previous Sec. 73.616(e) (which we relocated to Sec. 73.620(d))
pertaining to interference protection with respect to Class A stations
were difficult to decipher, we remove paragraphs (1), (2), and (3)
entirely and streamline the remaining paragraph from Sec. 73.616(e) in
the new Sec. 73.620(d). In doing so, we replace the description of the
OET Bulletin No. 69 in paragraph (1) with a cross-reference to
paragraphs (a) and (b) of the new Sec. 73.620, which specifies the
same method.
[[Page 7240]]
As described in the NPRM, the Commission previously deleted Sec.
73.623(g) as obsolete because it addressed the digital transition.
Deletion of the section, however, inadvertently eliminated from the
rules the allowance for negotiated agreements on interference among
applicants and licensees. The NPRM proposed to restore the allowance
that was previously contained in Sec. 73.623(g), modify the language
to delete language referring to stations operating on channels allotted
in Sec. 73.622(b), the initial DTV Table, and place it in a new Sec.
73.620(e). This would clarify in our rules that stations may continue
to negotiate agreements on interference consistent with past and
present practice. The comments received were generally supportive of
the effort to update our rules, and we received no specific objection
to this proposal. Therefore, for the reasons stated in the NPRM, we
adopt it.
In the 2022 Part 74 Order, the Commission revised or removed
certain paragraphs of Sec. 74.787 to reflect the LPTV and translator
transition from analog to digital operations, removed duplicate
sections that were contained in both the analog and digital portions of
part 74, and provided accurate information about current Commission
forms. The NPRM proposed to further amend the text of the rule by
clarifying in the now first sentence of paragraph (a)(5)(v) that the
pre-auction digital service area is the noise-limited contour of the
full power station that was protected in the incentive auction
repacking process and remove reference to a 2015 public notice. Because
we no longer allow applications for new applications for digital-to-
digital replacement television translators (DTDRTs), the NPRM noted
that the Commission believed the reference to the public notice data is
no longer necessary and the inclusion of the additional explanation of
the pre-auction digital service area for stations that already hold
DTDRTs provides a clearer definition. The comments received were
generally supportive of the effort to update our rules, and we received
no specific objection to this proposal. Therefore, for the reasons
stated in the NPRM, we adopt it.
Additional Proposals Raised by Commenters
We decline to adopt several proposals raised by commenters that are
outside the scope of this proceeding. We received several proposals
that seek to make material changes to our rules, or changes outside the
scope of this proceeding. See OMI Comments (asserting that the
Commission should ``consider the most likely azimuth that viewers will
have their TV antennas aimed at when considering interference caused to
a station,'' and that the Commission accordingly should update its
TVStudy software program, which is used by licensees to prepare
applications and Commission staff to process applications); GBS
Comments at 1-2 (asking the Commission to codify OET's clarification in
OET Clarifies Emission Mask Measurements for DTV Transmitters, Public
Notice, 20 FCC Rcd 8874 (OET 2005), which clarifies the emission mask
measurement rules and provides guidance regarding compliance with the
DTV full service and low power masks to be demonstrated by either of
two methods, in proposed Sec. 73.611 in this proceeding or a more
recent version of an industry-accepted measurement standard); NAB
Comments at 9 (requesting that the Commission revise proposed Sec.
73.625(d) to update a reference to the IEEE Standard Definition for
circular polarization to the current IEEE Standard 145, ``IEEE Standard
Definitions of Terms for Antennas'' (1993)); CDE Supplemental Comments
2 at 35-36 and Appendices A-C (apparently objecting to the use of the
Commission's TVStudy software and suggesting that the Commission
solicit input to develop a new offering). In declining to take action,
we note that the NPRM's scope was limited to amendments to the
Commission's rules primarily related to full power and Class A
television service to reflect the current operating environment,
including the end of the transition from analog to digital operations.
Cost Benefit Analysis
After evaluating the record received in response to the NPRM's
request for comment on the benefits and costs associated with adopting
the proposals set forth in the NPRM, we conclude that to the extent
that the revised rules impose any costs on Commission licensees and
regulatees, such costs will be minimal and are outweighed by the
benefits to the public of the revised rules. We received no comments on
the costs imposed on Commission licensees and regulatees as a result of
our proposals.
Diversity, Equity and Inclusion Analysis
The NPRM also sought comment on how the proposals set forth in the
NPRM can advance equity in the provision of broadcast services for all
people of the United States, without discrimination on the basis of
race, color, religion, national origin, sex, or disability. The NPRM
also sought comment on how our proposals may promote or inhibit
advances in diversity, equity, inclusion, and accessibility. We
received no comments on these topics and no objection to adoption of
the proposed rules based on these concerns. We acknowledge the
importance of these aims, and we believe that the revised rules reflect
an effort to simplify, streamline, and modernize existing rules and
procedures that will enable full power and Class A television stations
to more easily comply with licensing requirements through familiar and
low cost measures and we do not believe they will have negative
implications related to diversity, equity, inclusion, or accessibility.
Procedural Matters
Paperwork Reduction Analysis. The Report and Order may contain new
or modified information collection requirements subject to the
Paperwork Reduction Act of 1995 (PRA). All such new or modified
requirements will be submitted to the Office of Management and Budget
(OMB) for review under Sec. 3507(d) of the PRA. OMB, the general
public, and other federal agencies will be invited to comment on any
new or modified information collection requirements contained in this
proceeding. The Commission will publish a separate document in the
Federal Register at a later date seeking these comments. In addition,
we note that, pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), the Commission
previously sought specific comment on how it might further reduce the
information collection burden for small business concerns with fewer
than 25 employees. We have described impacts that might affect small
businesses in the FRFA.
Congressional Review Act. The Commission will send a copy of this
Report and Order to Congress and the Government Accountability office,
pursuant to 5 U.S.C. 801(a)(1)(A).
Regulatory Flexibility Act. The Regulatory Flexibility Act of 1980,
as amended (RFA), requires that an agency prepare a regulatory
flexibility analysis for notice and comment rulemakings, unless the
agency certifies that ``the rule will not, if promulgated, have a
significant economic impact on a substantial number of small
entities.'' Accordingly, we have prepared a Final Regulatory
Flexibility Analysis (FRFA) concerning the possible impact of rule and/
or policy changes contained in this Report and Order on small entities.
[[Page 7241]]
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), an Initial Regulatory Flexibility Act Analysis (IRFA) was
incorporated into the Notice of Proposed Rulemaking (NPRM) released in
September 2022. The Federal Communications Commission (Commission)
sought written public comment on the proposals in the NPRM, including
comment on the IRFA. No comments were filed addressing the IRFA. This
Final Regulatory Flexibility Analysis (FRFA) conforms to the RFA.
Need for, and Objectives of, the Report and Order
The Report and Order reflects the Commission's efforts to update
its rules for full power and Class A television stations to reflect the
current operating environment following the transition from analog to
digital-only operations and the post-incentive auction transition to a
smaller television band with fewer channels. The Report and Order
largely adopts the rules proposed in the NPRM, with certain limited
exceptions or modifications, in order to delete, update, or otherwise
revise Commission rules for full power and Class A stations that no
longer have any practical effect. As part of this comprehensive update,
we also restructure a portion of our rules primarily consisting of the
technical licensing, operating, and interference rules for full power
television. Our actions in the Report and Order further the
Commission's continued efforts to ensure that our rules clearly and
accurately reflect existing requirements and are understandable by
licensees and the public.
More specifically, we adopt revisions to the Commission's rules in
light of the fact that all television services have ceased analog
operations. We delete outdated rules that are no longer valid given
changes in Commission-adopted policy, such as the elimination of the
comparative hearing process to award and renew broadcast licenses, and
we reorganize a portion of the part 73 rules to make the rules easier
to find and more practical for users. Other non-substantive, technical
revisions we make in the Report and Order include updating previously-
adopted station license periods, deleting obsolete rules governing the
post-incentive auction transition period, and correcting or updating
inter alia, section headings, spelling, contact information, and rule
cross-references, or language inadvertently omitted from a rule. We
also update our rules to reference the current designation for form
numbers (e.g., FCC Form 2100) and to require electronic filing in the
Commission's Licensing and Management System (LMS). Additionally, we
consider requests and comments on subjects not included in the NPRM
proposals, the costs and benefits of the rules adopted, and the
potential of the rule changes to promote or inhibit advances in
diversity, equity, inclusion, and accessibility. The rules we adopt,
and actions we take in the Report and Order to simplify, streamline,
and modernize existing rules and procedures should reduce compliance
costs, and make compliance with our licensing requirements easier for
full power and Class A television stations.
Summary of Significant Issues Raised by Public Comments in Response to
the IRFA
There were no comments filed that specifically addressed the
proposed rules and policies presented in the IRFA.
Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
Pursuant to the Small Business Jobs Act of 2010, the Commission is
required to respond to any comments filed by the Chief Counsel for
Advocacy of the Small Business Administration (SBA), and to provide a
detailed statement of any change made to the proposed rules as a result
of those comments.
The Chief Counsel did not file any comments in response to the
proposed rules in this proceeding.
Description and Estimate of the Number of Small Entities to Which the
Rules Will Apply
The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that may be
affected by the rules adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as the terms ``small
business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act (SBA). A small business concern is one which: (1) is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA.
The rules adopted in the Report and Order will directly affect
small television broadcast stations. Below, we provide a description of
such small entities, as well as an estimate of the number of such small
entities, where feasible.
Television Broadcasting. This industry is comprised of
``establishments primarily engaged in broadcasting images together with
sound.'' These establishments operate television broadcast studios and
facilities for the programming and transmission of programs to the
public. These establishments also produce or transmit visual
programming to affiliated broadcast television stations, which in turn
broadcast the programs to the public on a predetermined schedule.
Programming may originate in their own studio, from an affiliated
network, or from external sources. The SBA small business size standard
for this industry classifies businesses having $41.5 million or less in
annual receipts as small. 2017 U.S. Census Bureau data indicate that
744 firms in this industry operated for the entire year. Of that
number, 657 firms had revenue of less than $25,000,000. Based on this
data we estimate that the majority of television broadcasters are small
entities under the SBA small business size standard.
As of June 30, 2023, there were 1,375 licensed commercial
television stations. Of this total, 1,256 stations (or 91.3%) had
revenues of $41.5 million or less in 2022, according to Commission
staff review of the BIA Kelsey Inc. Media Access Pro Television
Database (BIA) on July 17, 2023, and therefore these licensees qualify
as small entities under the SBA definition. In addition, the Commission
estimates as of June 30, 2023, there were 383 licensed noncommercial
educational (NCE) television stations, 381 Class A TV stations, 1,902
LPTV stations and 3,123 TV translator stations. The Commission,
however, does not compile and otherwise does not have access to
financial information for these television broadcast stations that
would permit it to determine how many of these stations qualify as
small entities under the SBA small business size standard.
Nevertheless, given the SBA's large annual receipts threshold for this
industry and the nature of these television station licensees, we
presume that all of these entities qualify as small entities under the
above SBA small business size standard.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements for Small Entities
In this section, we identify the reporting, recordkeeping, and/or
other compliance requirements adopted in the Report and Order. Modified
reporting requirements were adopted by the Commission replacing manual
filing processes with electronic filing requirements. Television
stations will
[[Page 7242]]
now be required to make certain required notifications electronically
through filings procedures using LMS as opposed to the previous manual
filing process by letter. Similarly, regarding Sec. 73.625(b)(5) which
specifies a number of paper maps which should be used to prepare the
profile graphs and to determine the location and height above sea level
of the antenna height, the Commission clarifies that it expects small
and other entities to make the required calculations by computer rather
than manual paper calculations using paper maps. Accordingly, the
multiple references to various sources of paper maps to make these
types of calculations contained in the rules have been replaced with a
reference to the National Elevation Dataset and other similar bald
earth terrain datasets which are used by modern automated software
currently used by the Commission and industry.
The removal of outdated manual processes, forms, and filing
requirements in favor of using automated software, and implementation
of electronic filing requirements for small and other entities will
result in a modified paperwork obligation. Cost and benefit information
on these and other proposals were requested by the Commission in the
NPRM, however commenters did not provide any information on the cost
impacts of our proposals. Therefore, while the Commission cannot
quantify the cost of compliance for small entities, and is not in a
position to determine whether small entities will have to hire
professionals to comply with our decisions in the Report and Order,
since it is widely accepted that automated processes are generally more
efficient and less burdensome than manual processes, the Commission
anticipates that our actions will lessen the administrative burden on
small entities.
Steps Taken To Minimize Significant Economic Impact on Small Entities,
and Significant Alternatives Considered
The RFA requires an agency to provide, ``a description of the steps
the agency has taken to minimize the significant economic impact on
small entities . . . including a statement of the factual, policy, and
legal reasons for selecting the alternative adopted in the final rule
and why each one of the other significant alternatives to the rule
considered by the agency which affect the impact on small entities was
rejected.''
The actions taken by the Commission in the Report and Order
simplifying and streamlining our rules, and implementing automated and
electronic filing requirements, should make it easier for small and
other entities to comply with our rules. We consider the rules we
adopted to be the least costly, and minimally burdensome for small and
other entities impacted by the rules. In the absence of evidence to the
contrary in the record, the Commission does not expect the adopted
requirements to have a significant economic impact on small entities.
Below we discuss actions we take in the Report and Order to minimize
any significant economic impact on small entities and alternatives that
were considered.
We adopted rule updates and reorganizations proposed in the NPRM to
codify the Commission staff's current practices or to better reflect
technological advancements in the industry. The Commission anticipates
that these changes generally will lessen the economic burdens on small
entities due to increased administrative efficiency. For example, as we
discussed above in Section E, references to outdated paper maps and
manual calculations relating to Sec. 73.625(b)(5) have been replaced
by computer calculations, and current automated software used by the
Commission and industry. Moreover, for Sec. 73.625(b)(4), which
describes how to plot certain radials on a graph and provides a range
of options for the number of points of elevation to use in each radial,
we conform the rule to reference the TVStudy software currently used
for preparing and processing applications, and specify the use of 10
points per kilometer in all circumstances consistent with present
practice found in the TVStudy software used by the Commission and
licensees to process and prepare applications. These rule changes will
enable small and other television stations to more easily comply with
licensing requirements through familiar and low cost measures.
Moreover, the Commission took steps to decrease processing burdens
and application approval delays for small and other entities by
adopting the proposed amendment to Sec. 73.6024(d) to require Class A
stations within 275 kilometers of the US-Mexico border to specify a
full-service emission mask in any modification application. Pursuant to
the Commission's rules requiring coordination of applications in border
regions with the neighboring countries' appropriate regulatory
officials, in coordination with Mexico's Instituto Federal de
Telecomunicaciones (IFT) it has been the Media Bureau staff's
experience that a two-step process takes place where the IFT routinely
requests that applications submitted for coordination of Class A
stations specify a full-service emission mask, and if such applications
do not initially specify the full-service emission mask, IFT asks for
it to be included in an amendment. The amendment we adopted in the
Report and Order to Sec. 73.6024(d) will result in the inclusion of a
full-service emission mask specification with an application
modification when initially submitted eliminating the need for small
and other entities to have to subsequently amend their application.
Further, we provided small and other applicants flexibility by
amending Sec. 73.625(c)(3)(v) to require licensees to submit patterns
in the form of a .pdf attachment to an application filed in LMS, and
clarifying that similar plots are required for elevation or matrix
patterns submitted in the LMS form. Our actions are consistent with
modern practices and removes the administrative burden for small and
other entities of an outdated manual requirement that horizontal plane
patterns be plotted ``to the largest scale possible on unglazed letter-
size polar coordinate paper.'' We considered CDE's comments disagreeing
with this proposal in the NPRM, however, CDE did not explain its
objection or provide any evidence to support an alternative decision,
and merely stated ``Not Agreed For ATSC 3.0 SFN.''
Some commenters raised alternative positions which we considered in
the Report and Order. Regarding the matrix antenna patterns described
in proposed Sec. 73.625(c)(3)(viii), NAB suggested that the Commission
require only one or two representative azimuth and elevation patterns
be supplied in a PDF attachment, and if additional visualizations are
needed, the tabular spreadsheet data can be used in spreadsheet
software to produce them. The Commission agreed with NAB's suggestion
and adopted a revised rule consistent with this suggestion.
We considered the comments of CDE which disagreed with our proposal
to delete obsolete language in Sec. 73.664(c)(3)(iii) concerning the
certification of equipment. However, since CDE did not provide a reason
for its disagreement, there was no evidence in the record, nor a valid
reason for the Commission to depart from the proposal in the NPRM. As
we stated in the NPRM, the Commission no longer ``type accepts''
equipment, having overhauled the process to allow private parties to
verify such equipment meets the Commission's requirements, and the
results of such verifications do not need to be submitted to the
Commission.
[[Page 7243]]
Accordingly, we deleted the obsolete language in Sec.
73.664(c)(3)(iii).
The Commission also considered the objection Maranatha Broadcasting
Company, Inc. (Maranatha), the licensee of WDPN-TV, to our proposed
codification of the Commission's 2001 clarification that a station may
not exceed the effective radiated power level assigned in the station's
zone in Sec. 73.622. Maranatha proposed that the Commission retain the
``largest station'' rule or ``make clear that any change that [the
Commission] is making to its rules do not preclude power increases
above zone maximums by low-VHF stations necessary to overcome the
shortcomings of their digital signals and impulse noise inference.''
Due to the propagation characteristics of digital VHF signals and the
deleterious effects of manmade noise on the reception of these signals,
the Commission is aware that significant over-the-air reception
problems may exist within the service area of VHF stations. Since the
end of the DTV transition in June 2009, Commission staff has waived the
power limits in Sec. Sec. 73.622(f)(5) or (6) of the rules a number of
times to increase the power levels of stations operating on low VHF
channels above the 10 kW limit set forth in the rules. We declined
Maranatha's request and adopted the provisions of Sec. 73.622 as
proposed in the NPRM because we do not believe that codifying the 2001
clarification limits our ability to continue to grant such waivers, as
we have for Marantha. We noted in the Report and Order that Marantha's
station WDPN-TV, on RF channel 2 in Zone I, currently operates with an
ERP of 34 kW, pursuant to such a waiver of Sec. 73.622(f)(6).
Commenters also raised proposals that we declined to adopt because
the comments proposed to make material changes to our rules, or changes
outside the scope of this proceeding. The scope of NPRM was limited to
amendments to the Commission's rules primarily related to full power
and Class A television service to reflect the current operating
environment, and particularly, the end of the transition from analog to
digital operations.
Report to Congress
The Commission will send a copy of the Report and Order, including
this FRFA, in a report to be sent to Congress pursuant to the
Congressional Review Act. In addition, the Commission will send a copy
of the Report and Order, including this FRFA, to the Chief Counsel for
Advocacy of the SBA. The Report and Order and FRFA (or summaries
thereof) will also be published in the Federal Register.
List of Subjects
47 CFR Part 0
Authority delegations (Government agencies), Organization and
functions (Government agencies).
47 CFR Part 27
Communications common carriers.
47 CFR Part 73
Full power TV, Class A TV, Incorporation by reference.
47 CFR Part 74
Low power TV, TV translator stations.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
Final Regulations
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 0, 27, 73, and 74 to read
as follows:
PART 0--COMMISSION ORGANIZATION
0
1. The authority citation for part 0 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i), 154(j), 155, 225, and 409,
unless otherwise noted.
0
2. Revise Sec. 0.434 to read as follows:
Sec. 0.434 Data bases and lists of authorized broadcast stations and
pending broadcast applications.
The FCC makes available its data bases, Consolidated Database
System (CDBS) and Licensing and Management System (LMS), containing
information about authorized broadcast stations, pending applications
for such stations, and rulemaking proceedings involving amendments to
the TV and FM Table of Allotments. CDBS and LMS contain frequencies,
station locations, and other particulars. CDBS and LMS may be viewed at
the Commission's website at <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]
0
4. Remove Sec. 27.60.
Sec. 27.1310 [Removed]
0
5. Remove Sec. 27.1310.
PART 73--RADIO BROADCAST SERVICES
0
6. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
336, 339.
0
7. Section 73.611 is added to read as follows:
Sec. 73.611 Emission levels and mask filter.
(a) The power level of emissions on frequencies outside the
authorized channel of operation must be attenuated no less than the
following amounts below the average transmitted power within the
authorized channel. In the first 500 kHz from the channel edge the
emissions must be attenuated no less than 47 dB. More than 6 MHz from
the channel edge, emissions must be attenuated no less than 110 dB. At
any frequency between 0.5 and 6 MHz from the channel edge, emissions
must be attenuated no less than the value determined by the following
formula:
Formula 1 to Paragraph (a)
Attenuation in dB = -11.5([Delta]f + 3.6);
Where:
[Delta]f = frequency difference in MHz from the edge of the channel.
(b) This attenuation is based on a measurement bandwidth of 500
kHz. Other measurement bandwidths may be used as long as appropriate
correction factors are applied. Measurements need not be made any
closer to the band edge than one half of the resolution bandwidth of
the measuring instrument. Emissions include sidebands, spurious
emissions and radio frequency harmonics. Attenuation is to be measured
at the output terminals of the transmitter (including any filters that
may be employed). In the event of interference caused to any service,
greater attenuation may be required.
0
8. Section 73.612 is revised to read as follows:
Sec. 73.612 Protection from interference.
(a) Permittees and licensees of TV broadcast stations are not
protected from any interference which may be caused by the grant of a
new station or of authority to modify the facilities of an existing
station in accordance with the provisions of subpart E of this part.
The nature and extent of the protection from interference accorded to
TV broadcast stations is limited solely to the protection which results
from the interference protection requirements set forth in subpart E of
this part.
(b) [Reserved]
[[Page 7244]]
Sec. 73.613 [Removed and Reserved]
0
9. Remove and reserve Sec. 73.613.
0
10. Amend Sec. 73.614 by:
0
a. Revising paragraph (a), the introductory text of (b), paragraphs
(b)(1) through (3);
0
b. Removing and reserving paragraphs (b)(4) and (5);
0
c. Revising paragraph (b)(6); and
0
d. Removing paragraph (b)(7).
The revisions read as follows:
Sec. 73.614 Power and antenna height requirements.
(a) Minimum requirements. Applications will not be accepted for
filing if they specify less than 100 watts horizontally polarized
effective radiated power (ERP) in any horizontal direction. No minimum
antenna height above average terrain (HAAT) is specified. For stations
requesting DTS operation pursuant to Sec. 73.626, this requirement
applies to at least one site in the DTS.
(b) Maximum power. Applications for new full power television
stations, for changes in authorized full power television stations, and
petitions for changes to the Table of TV Allotments, will not be
accepted for filing if they specify a power which exceeds the maximum
permitted boundaries specified in the following formulas:
(1) A TV station that operates on a channel 2-6 allotment will be
allowed a maximum ERP of 10 kW if its antenna HAAT is at or below 305
meters and it is located in Zone I or a maximum ERP of 45 kW if its
antenna HAAT is at or below 305 meters and it is located in Zone II or
Zone III.
(i) At higher HAAT levels, such TV stations will be allowed to
operate with lower maximum ERP levels in accordance with the following
table and formulas (the allowable maximum ERP for intermediate values
of HAAT is determined using linear interpolation based on the units
employed in the table):
Table 1 to Paragraph (b)(1)(i)--Maximum Allowable ERP and Antenna Height
for TV Stations in Zones II or III on Channels 2-6
------------------------------------------------------------------------
ERP
Antenna HAAT (meters) (kW)
------------------------------------------------------------------------
610............................................................ 10
580............................................................ 11
550............................................................ 12
520............................................................ 14
490............................................................ 16
460............................................................ 19
425............................................................ 22
395............................................................ 26
365............................................................ 31
335............................................................ 37
305............................................................ 45
------------------------------------------------------------------------
(ii) For TV stations located in Zone I that operate on channels 2-6
with an HAAT that exceeds 305 meters, the allowable maximum ERP
expressed in decibels above 1 kW (dBk) is determined using the
following formula, with HAAT expressed in meters:
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
------------------------------------------------------------------------
ERP
Antenna HAAT (meters) (kW)
------------------------------------------------------------------------
610............................................................ 30
580............................................................ 34
550............................................................ 40
520............................................................ 47
490............................................................ 54
460............................................................ 64
425............................................................ 76
395............................................................ 92
365............................................................ 110
335............................................................ 132
305............................................................ 160
------------------------------------------------------------------------
(ii) For TV stations located in Zone I that operate on channels 7-
13 with an HAAT that exceeds 305 meters, the allowable maximum ERP
expressed in decibels above 1 kW (dBk) is determined using the
following formula, with HAAT expressed in meters:
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 1000 kW if its antenna HAAT is at or below 365
meters.
(i) At higher HAAT levels, such TV stations will be allowed to
operates with lower maximum ERP levels in accordance with the following
table and formulas (the allowable maximum ERP for intermediate values
of HAAT is determined using linear interpolation based on the units
employed in the table):
Table 3 to Paragraph (b)(3)(i)--Maximum Allowable ERP and Antenna Height
for TV Stations on Channels 14-36, All Zones
------------------------------------------------------------------------
ERP
Antenna HAAT (meters) (kW)
------------------------------------------------------------------------
610............................................................ 316
580............................................................ 350
550............................................................ 400
520............................................................ 460
490............................................................ 540
460............................................................ 630
425............................................................ 750
395............................................................ 900
365............................................................ 1000
------------------------------------------------------------------------
(ii) For TV stations located in Zone I, II or III that operate on
channels 14-36 with an HAAT that exceeds 610 meters, the allowable
maximum ERP expressed in decibels above 1 kW (dBk) is determined using
the following formula, with HAAT expressed in meters:
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) and (5) [Reserved]
(6) The effective radiated power in any horizontal or vertical
direction may not exceed the maximum values permitted by this section,
except that licensees and permittees may request an increase in either
ERP in some azimuthal direction or antenna HAAT, or both, up to the
maximum permissible limits on TV power set forth in paragraph (b)(1),
(2), or (3) of this section, as appropriate, up to that needed to
provide the same geographic coverage area as the largest station within
their market. Such requests must be accompanied by a technical showing
that the increase complies with the technical criteria in Sec. 73.620,
and thereby will not result in new interference exceeding the de
minimis standard set forth in that section, or statements agreeing to
the change from
[[Page 7245]]
any co-channel or adjacent channel stations that might be affected by
potential new interference, in accordance with Sec. 73.620(e). For the
purposes of this paragraph:
(i) The maximum ERP value shall not exceed the maximum permitted at
any height within the relevant zone consistent with the values
permitted in paragraph (b)(1), (2), or (3) of this section. The
associated maximum height for that given ERP may be exceeded.
(ii) Stations in the same Nielsen DMA are considered to be in the
same market.
(iii) ``Geographic coverage area'' is defined as the number of
square kilometers found within a station's F(50,90) contour as
calculated in Sec. 73.619. A station taking advantage of this
provision need not specify coverage that is congruent with or
encompassed by the largest station in the market.
* * * * *
Sec. 73.615 [Removed]
0
11. Remove Sec. 73.615.
0
12. Section 73.616 is amended by:
0
a. Revising the section heading;
0
b. Removing and reserving paragraphs (a), (b), and (c);
0
c. Revising the introductory text to paragraph (d) and paragraph
(d)(1); and
0
d. Removing and reserving paragraphs (d)(2), (e) and (g) to read as
follows:
Sec. 73.616 References to TV station interference protection
methodology.
* * * * *
(d) Calculation of interference (1) For evaluating compliance with
the requirements of this paragraph, interference to populations served
is to be predicted based on the most recent official decennial U.S.
Census population data as identified by the Media Bureau in a Public
Notice issued not less than 60 days prior to use of the data for a
specific year in application processing and otherwise according to the
procedure set forth in OET Bulletin No. 69: ``Longley-Rice Methodology
for Evaluating TV Coverage and Interference'' (February 6, 2004)
(incorporated by reference, see Sec. 73.8000), including population
served within service areas determined in accordance with Sec. 73.619,
consideration of whether F(50,10) undesired signals will exceed the
following desired-to-undesired (D/U) signal ratios, assumed use of a
directional receiving antenna, and use of the terrain dependent
Longley-Rice point-to-point propagation model. Applicants may request
the use of a cell size other than the default of 2.0 km per side, but
only requests for cell sizes of 1.0 km per side or 0.5 km per side will
be considered. The threshold levels at which interference is considered
to occur are:
* * * * *
0
13. Add Sec. 73.617 to read as follows:
Sec. 73.617 Interference protection of other services.
(a) Protection of land mobile operations on channels 14-20. The
Commission will not accept petitions to amend the Table of TV
Allotments, applications for new TV stations, or applications to change
the channel or location of authorized TV stations that would use
channels 14-20 where the distance between the TV reference coordinates
as defined in Sec. 73.622(d), would be located less than 250 km from
the city center of a co-channel land mobile operation or 176 km from
the city center of an adjacent channel land mobile operation. Such
filings that do not meet the minimum TV-to-land mobile spacing
standards will, however, be considered where all affected land mobile
licensees consent to the requested action. Land mobile operations are
authorized on these channels in the following markets:
Table 1 to Paragraph (a)--Land Mobile Operations To Be Protected
----------------------------------------------------------------------------------------------------------------
City Channels Latitude Longitude
----------------------------------------------------------------------------------------------------------------
Boston, MA....................... 14, 16................... 42[deg]21'24.4'' 71[deg]03'23.2''
Chicago, IL...................... 14, 15................... 41[deg]52'28.1'' 87[deg]38'22.2''
Cleveland, OH.................... 14, 15................... 41[deg]29'51.2'' 81[deg]49'49.5''
Dallas, TX....................... 16....................... 32[deg]47'09.5'' 96[deg]47'38.0''
Detroit, MI...................... 15, 16................... 42[deg]19'48.1'' 83[deg]02'56.7''
Houston, TX...................... 17....................... 29[deg]45'26.8'' 95[deg]21'37.8''
Los Angeles, CA.................. 14, 16, 20............... 34[deg]03'15.0'' 118[deg]14'31.3''
Miami, FL........................ 14....................... 25[deg]46'38.4'' 80[deg]11'31.2''
New York, NY..................... 14, 15, 16............... 40[deg]45'06.4'' 73[deg]59'37.5''
Philadelphia, PA................. 19, 20................... 39[deg]56'58.4'' 75[deg]09'19.6''
Pittsburgh, PA................... 14, 18................... 40[deg]26'19.2'' 79[deg]59'59.2''
San Francisco, CA................ 16, 17................... 37[deg]46'38.7'' 122[deg]24'43.9''
Washington, DC................... 17, 18................... 38[deg]53'51.4'' 77[deg]00'31.9''
----------------------------------------------------------------------------------------------------------------
Note 1 to paragraph (a). The Chief, Public Safety and Homeland
Security Bureau, waived the rules to allow channel 15 to be used for
land mobile operation in Los Angeles County, CA (DA 08-2823; adopted
December 30, 2008). Notwithstanding the channels listed in paragraph
(a) of this section, the waiver requires television stations to
protect this land mobile operation.
(b) Protection of land mobile operations below channel 14. (1) TV
broadcast stations operating on Channel 14 must take special
precautions to avoid interference to adjacent spectrum land mobile
radio service facilities. Where a TV station is authorized and
operating prior to the authorization and operation of the land mobile
facility, a Channel 14 station must attenuate its emissions within the
frequency range 467 to 470 MHz if necessary to permit reasonable use of
the adjacent frequencies by land mobile licensees.
(2) The requirements listed below apply to permittees authorized to
construct a new station on TV Channel 14, and to licensees authorized
to change the channel of an existing station to Channel 14, to increase
effective radiated power (ERP) (including any change in directional
antenna characteristics that results in an increase in ERP in any
direction), or to change the transmitting location of an existing
station.
(i) For the purposes of this paragraph (b), a protected land mobile
facility is a receiver that is intended to receive transmissions from
licensed land mobile stations within the frequency band below 470 MHz,
and is associated with one or more land mobile stations for which a
license has been issued by the Commission, or a proper application has
been received by the Commission prior to the date of the filing of the
TV construction permit application. However, a land mobile facility
will not be protected if it is proposed in an application that is
denied or dismissed
[[Page 7246]]
and that action is no longer subject to Commission review. Further, if
the land mobile station is not operating when the TV facility commences
operation and it does not commence operation within the time permitted
by its authorization in accordance with part 90 of this chapter, it
will not be protected.
(ii) A TV permittee must take steps before construction to identify
potential interference to normal land mobile operation that could be
caused by TV emissions outside the authorized channel, land mobile
receiver desensitization or intermodulation. It must install filters
and take other precautions as necessary, and submit evidence that no
interference is being caused before it will be permitted to transmit
programming on the new facilities pursuant to the provisions of Sec.
73.1615 or Sec. 73.1620. A TV permittee must reduce its emissions
within the land mobile channel of a protected land mobile facility that
is receiving interference caused by the TV emission producing a
vertically polarized signal and a field strength in excess of 17 dBu at
the land mobile receiver site on the land mobile frequency. The TV
emission should be measured with equipment set to a 30 kHz measurement
bandwidth including the entire applicable land mobile channel. A TV
permittee must correct a desensitization problem if its occurrence can
be directly linked to the start of the TV operation and the land mobile
station is using facilities with typical desensitization rejection
characteristics. A TV permittee must identify the source of an
intermodulation product that is generated when the TV operation
commences. If the intermodulation source is under its control, the TV
permittee must correct the problem. If the intermodulation source is
beyond the TV permittee's control, it must cooperate in the resolution
of the problem and should provide whatever technical assistance it can.
(c) Channel 6 protection of FM radio stations. Parties requesting
new allotments on channel 6 be added to the Table of TV Allotments must
submit an engineering study demonstrating that no interference would be
caused to existing FM radio stations on FM channels 200-220.
(d) Blanketing interference. Present information is not
sufficiently complete to establish blanketing interference areas for
television broadcast stations. Blanketing interference is interference
in an area adjacent to a transmitter in which the reception of other
stations is subject to interference due to the strong signal from this
station. The authorization of station construction in areas where
blanketing interference is found to be excessive will be on the basis
that the applicant will assume full responsibility for the adjustment
of reasonable complaints arising from excessively strong signals of the
applicant's station or take other corrective action.
(e) Medical telemetry device notification condition. Stations
should be aware that a condition is placed on all TV broadcast station
authorizations that result in a change in coverage area, including all
authorizations for new stations, which requires TV broadcasters to
identify and notify hospital and other health care facilities within
the station's coverage area to avoid interference to medical telemetry
devices.
0
14. Add Sec. 73.618 to read as follows:
Sec. 73.618 Antenna location and principal community coverage.
(a) The TV antenna location shall be chosen so that, on the basis
of the effective radiated power (ERP) and antenna height above average
terrain (HAAT) employed, the following minimum F(50,90) field strength
in dB above one uV/m will be provided over the entire principal
community to be served:
Table 1 to Paragraph (a)--Minimum Field Strength Required Over Principal
Community
------------------------------------------------------------------------
dBu
------------------------------------------------------------------------
Channels 2-6................................................... 35
Channels 7-13.................................................. 43
Channels 14-36................................................. 48
------------------------------------------------------------------------
(b) The location of the antenna must be so chosen that there is not
a major obstruction in the path over the principal community to be
served.
(c) For the purposes of this section, coverage is to be determined
in accordance with Sec. 73.619(b). Under actual conditions, the true
coverage may vary from these estimates because the terrain over any
specific path is expected to be different from the average terrain on
which the field strength charts were based. Further, the actual extent
of service will usually be less than indicated by these estimates due
to interference from other stations. Because of these factors, the
predicted field strength contours give no assurance of service to any
specific percentage of receiver locations within the distances
indicated.
0
15. Add Sec. 73.619 to read as follows:
Sec. 73.619 Contours and service areas.
(a) Purposes of the field strength contours. The field strength
contours will be considered for the following purposes only:
(1) In the estimation of coverage resulting from the selection of a
particular transmitting antenna site by an applicant for a TV station.
(2) In connection with problems of coverage arising out of
application of Sec. 73.3555.
(3) In determining compliance with Sec. 73.618(a) concerning the
minimum field strength to be provided over the principal community to
be served.
(b) Determining coverage. (1) In predicting the distance to the
field strength contours, the F (50,50) field strength charts (Figures
9, 10 and 10b of Sec. 73.699) and the F (50,10) field strength charts
(Figures 9a, 10a and 10c of Sec. 73.699) shall be used. To use the
charts to predict the distance to a given F (50,90) contour, the
following procedure is used: Convert the effective radiated power in
kilowatts for the appropriate azimuth into decibel value referenced to
1 kW (dBk). Subtract the power value in dBk from the contour value in
dBu. Note that for power less than 1 kW, the difference value will be
greater than the contour value because the power in dBk is negative.
Locate the difference value obtained on the vertical scale at the left
edge of the appropriate F (50,50) chart for the TV station's channel.
Follow the horizontal line for that value into the chart to the point
of intersection with the vertical line above the height of the antenna
above average terrain for the appropriate azimuth located on the scale
at the bottom of the chart. If the point of intersection does not fall
exactly on a distance curve, interpolate between the distance curves
below and above the intersection point. The distance values for the
curves are located along the right edge of the chart. Using the
appropriate F (50,10) chart for the DTV station's channel, locate the
point where the distance coincides with the vertical line above the
height of the antenna above average terrain for the appropriate azimuth
located on the scale at the bottom of the chart. Follow a horizontal
line from that point to the left edge of the chart to determine the F
(50,10) difference value. Add the power value in dBk to this difference
value to determine the F (50,10) contour value in dBu. Subtract the F
(50,50) contour value in dBu from this F (50,10) contour value in dBu.
Subtract this difference from the F (50,50) contour value in dBu to
determine the F (50,90) contour value in dBu at the pertinent distance
along the pertinent radial.
(2)(i) The effective radiated power to be used is that radiated at
the vertical angle corresponding to the depression angle between the
transmitting antenna
[[Page 7247]]
center of radiation and the radio horizon as determined individually
for each azimuthal direction concerned. The depression angle is based
on the difference in elevation of the antenna center of radiation above
the average terrain and the radio horizon, assuming a smooth spherical
earth with a radius of 8,495.5 kilometers (5,280 miles) and shall be
determined by the following equation:
Equation 1 to Paragraph (b)(2)(i)
A = 0.0277 x [radic]H
Where:
A is the depression angle in degrees.
H is the height in meters of the transmitting antenna radiation
center above average terrain of the 3.2-16.1 kilometers (2-10 miles)
sector of the pertinent radial.
(ii) This equation is empirically derived for the limited purpose
specified here of determining distance to filed strength contours for
coverage. Its use for any other purpose may be inappropriate.
(3) Applicants for new TV stations or changes in the facilities of
existing TV stations must submit to the FCC a showing as to the
location of their stations' or proposed stations' contour. This showing
is to include a map showing this contour, except where applicants have
previously submitted material to the FCC containing such information
and it is found upon careful examination that the contour locations
indicated therein would not change, on any radial, when the locations
are determined under this section. In the latter cases, a statement by
a qualified engineer to this effect will satisfy this requirement and
no contour maps need be submitted.
(4) The antenna height to be used with these charts is the height
of the radiation center of the antenna above the average terrain along
the radial in question. In determining the average elevation of the
terrain, the elevations between 3.2-16.1 kilometers (2-10 miles) from
the antenna site are employed. Path profiles shall be determined for 8
radials beginning at the antenna site and extending 16.1 kilometers (10
miles) therefrom. The radials should be determined for each 45 degrees
of azimuth starting with True North. 10 points per kilometer of
elevation (uniformly spaced) should be used for each radial. It is not
necessary to take the curvature of the earth into consideration in this
procedure, as this factor is taken care of in the charts showing signal
strengths. The average elevation of the 12.9 kilometer (8 miles)
distance between 3.2-16.1 kilometers (2-10 miles) from the antenna site
should then be determined from the path profile for each radial. In
directions where the terrain is such that negative antenna heights or
heights below 30.5 meters (100 feet) for the 3.2 to 16.1 kilometers (2
to 10 mile) sector are obtained, an assumed height of 30.5 meters (100
feet) shall be used for the prediction of coverage. Actual calculated
values should be used for computation of height above average terrain.
(5) In the preparation of the path profiles previously described,
and in determining the location and height above sea level of the
antenna site, the elevation or contour intervals shall be taken from a
high quality bald earth terrain map or dataset such as the United
States Geological Survey Topographic Quadrangle Maps or the National
Elevation Dataset. If a dataset is used, the data must be processed for
intermediate points along each radial using linear interpolation
techniques.
(6) It is anticipated that many of these calculations may be done
using computer software and with computerized datasets. If software or
datasets besides those officially adopted by the FCC are utilized, the
alternate software or data must be identified.
(c) TV Service Areas. (1) The service area of a TV station is the
geographic area within the station's noise-limited F(50,90) contour
where its signal strength is predicted to exceed the noise-limited
service level. The noise-limited contour is the area in which the
predicted F(50,90) field strength of the station's signal, in dB above
1 microvolt per meter (dBu) as determined using the method in Sec.
73.619(b) exceeds the following levels (these are the levels at which
reception of TV service is limited by noise):
Table 1 to Paragraph (c)(1)--Noise Limited Service Levels
------------------------------------------------------------------------
dBu
------------------------------------------------------------------------
Channels 2-6................................................... 28
Channels 7-13.................................................. 36
Channels 14-36................................................. 41
------------------------------------------------------------------------
(2) Within this contour, service is considered available at
locations where the station's signal strength, as predicted using the
terrain dependent Longley-Rice point-to-point propagation model,
exceeds the levels in table 1 to paragraph (c)(1). Guidance for
evaluating coverage areas using the Longley-Rice methodology is
provided in OET Bulletin No. 69. For availability of OET Bulletin No.
69 (which is incorporated by reference elsewhere in this part), contact
FCC (see Sec. 73.8000 for contact information).
(d) Protected facilities of an allotment. The protected facilities
of a TV allotment shall be the facilities (effective radiated power,
antenna height and antenna directional radiation pattern, if any)
authorized by a construction permit or license, or, where such an
authorization is not available for establishing reference facilities,
the facilities designated in the FCC order creating or modifying the
Table of TV Allotments.
0
16. Add Sec. 73.620 to read as follows:
Sec. 73.620 Interference calculation and protection of TV broadcast
services.
(a) Due to the frequency spacing that exists between Channels 4 and
5, between Channels 6 and 7, and between Channels 13 and 14, the
minimum adjacent channel technical criteria specified in this section
shall not be applicable to these pairs of channels (see Sec.
73.603(a)).
(b) Interference is to be predicted based on the procedures found
in Sec. 73.616(d)(1).
(c) An application will not be accepted if it is predicted to cause
interference to more than an additional 0.5 percent of the population
served by another TV station. For this purpose, the population served
by the station receiving additional interference does not include
portions of the population within the noise-limited service contour of
that station that are predicted to receive interference from the TV
allotment facilities of the applicant or portions of that population
receiving masking interference from any other station.
(d) A petition to add a new channel to the TV Table or any
application to modify an existing TV station or allotment will not be
accepted if it is predicted to cause more than 0.5 percent new
interference, consistent with paragraphs (a) and (b) of this section,
to a Class A TV station authorized pursuant to subpart J of this part,
within the protected contour defined in Sec. 73.6010.
(e) Negotiated agreements on interference. TV stations may operate
with increased effective radiated power (ERP) and/or antenna height
above average terrain (HAAT) that would result in more than 0.5 percent
additional interference to another TV station if that station agrees,
in writing, to accept the additional interference. Such agreements must
be submitted with the application for authority to construct or modify
the affected TV station. Negotiated agreements under this paragraph can
include the exchange
[[Page 7248]]
of money or other considerations from one station to another, including
payments to and from noncommercial television stations assigned to
reserved channels. Applications submitted pursuant to the provisions of
this paragraph will be granted only if the Commission finds that such
action is consistent with the public interest.
(f) The interference protection requirements contained in this
section apply to television station operations under both the TV
transmission standard in Sec. 73.682(d) and the Next Gen TV
transmission standard in Sec. 73.682(f).
0
17. Section 73.621 is amended by removing and reserving paragraphs (g)
and (h) and revising paragraph (j).
Sec. 73.621 Noncommercial educational TV stations.
* * * * *
(j) The requirements of this section apply to the entire digital
bitstream of noncommercial educational television stations, including
the provision of ancillary or supplementary services.
0
18. Amend Sec. 73.622 by:
0
a. Revising paragraph (a);
0
b. Removing and reserving paragraph (c);
0
c. Revising the introductory text to paragraph (d);
0
d. Removing paragraphs (d)(1) and (d)(2);
0
e. Removing and reserving paragraphs (e) through (i);
0
f. In the table in paragraph (j), under Oklahoma, revising the entry
for Tulsa; and
0
g. Adding paragraph (k).
Sec. 73.622 Table of TV allotments.
(a) General. The following table of TV allotments contains the
television channel allotments designated for the listed communities in
the United States, its Territories, and possessions. Requests for
addition of new TV allotments, or requests to change the channels
allotted to a community, must be made in a petition for rule making to
amend the Table of TV Allotments. A request to amend the Table of TV
Allotments to add an allotment or change the channel of an allotment in
the Table will be evaluated for technical acceptability using
engineering criteria set forth in Sec. Sec. 73.617, 73.618, and
73.620. A request to amend the TV table to add a new allotment will be
evaluated for technical acceptability using the geographic spacing
criteria set forth in Sec. 73.622(k) and the engineering criteria set
forth in Sec. Sec. 73.614, 73.617, 73.618, and 73.620(a) and (d). TV
allotments designated with an asterisk are assigned for use by non-
commercial educational broadcast stations only. Rules governing
noncommercial educational TV stations are contained in Sec. 73.621.
(b) and (c) [Reserved]
(d) Reference points and distance computations. The reference
coordinates of a TV allotment shall be the coordinates of the
authorized facility. Where such a transmitter site is not available for
use as reference coordinates, such as a new allotment, the coordinates
shall be those designated in the FCC order modifying the Table of TV
Allotments.
(e) through (i) [Reserved]
(j) Table of TV Allotments.
------------------------------------------------------------------------
Community Channel No.
------------------------------------------------------------------------
* * * * *
Tulsa.............................. 8, * 11, 12, 14, 16, 22, 26, 34.
* * * * *
------------------------------------------------------------------------
(k) Minimum geographic spacing requirements for new TV allotments.
No petition to add a new channel to the Table of TV Allotments will be
accepted unless it shows compliance with the requirements of this
paragraph.
(1) Requests filed pursuant to this paragraph must demonstrate
compliance with the principal community coverage requirements of Sec.
73.618.
(2) Requests filed pursuant to this paragraph must meet the
following requirements for geographic spacing with regard to all other
TV stations and allotments:
(i) For VHF channels 2-13 in Zone I, co-channel allotments must be
separated by 244.6 km, and no adjacent-channel allotments are permitted
between 20 km and 110 km.
(ii) For UHF channels 14-36 in Zone I, co-channel allotments must
be separated by 196.3 km, and no adjacent-channel allotments are
permitted between 24 km and 110 km.
(iii) For VHF channels 2-13 in Zones II and III, co-channel
allotments must be separated by 273.6 km, and no adjacent-channel
allotments are permitted between 23 km and 110 km.
(iv) For UHF channels 14-36 in Zones II and III, co-channel
allotments must be separated by 223.7 km, and no adjacent-channel
allotments are permitted between 24 km and 110 km.
(3) Zones are defined in Sec. 73.609. The minimum distance
separation between a TV station in one zone and TV station in another
zone shall be that of the zone requiring the lower separation.
(4) Due to the frequency spacing that exists between Channels 4 and
5, between Channels 6 and 7, and between Channels 13 and 14, the
minimum geographic spacing requirements specified in paragraph (k)(2)
of this section shall not be applicable to these pairs of channels
(Sec. 73.603(a)).
0
19. Revise Sec. 73.623 to read as follows:
Sec. 73.623 TV application processing.
(a) General. Applications for new TV broadcast stations or for
changes in authorized TV stations filed pursuant to this section will
not be accepted for filing if they fail to comply with the requirements
of this section and Sec. Sec. 73.614, 73.617, 73.618, and 73.620.
(b) Availability of channels. Applications may be filed to
construct TV broadcast stations only on the channels designated in the
Table of TV Allotments set forth in Sec. 73.622(j), and only in the
communities listed therein. Applications that fail to comply with this
requirement, whether or not accompanied by a petition to amend the TV
Table, will not be accepted for filing.
(c) through (g) [Reserved]
(h) TV application processing priorities are as follows:
(1) [Reserved]
(2) TV applications for a construction permit or a modified
construction permit:
(i) Shall be afforded the interference protection set forth in
Sec. 73.620:
(A) through (C) [Reserved]
(D) By later-filed TV applications; and
(E) By later-filed rulemaking petitions to amend the Table of TV
Allotments;
(ii) Must demonstrate the requisite interference protection set
forth in Sec. 73.620 to:
(A) TV licensed stations;
(B) TV construction permits;
(C) Earlier-filed TV applications;
(D) Existing TV allotments;
(E) Rulemaking petitions to amend the Table of TV Allotments for
which a Notice of Proposed Rule Making has been released and the
comment deadline specified therein has passed prior to the filing date
of the TV application;
(F) through (J) [Reserved]
(iii) That do not provide the requisite interference protection set
forth Sec. 73.620 to the following applications and petitions will be
deemed mutually exclusive with those applications and petitions:
(A) Other TV applications filed the same day;
(B) Rulemaking petitions to amend the Table of TV Allotments for
which a Notice of Proposed Rule Making had been released and the
comment deadline specified therein had not passed prior to the filing
date of the TV application; and
[[Page 7249]]
(C) Earlier-filed rulemaking petitions to amend the Table of TV
Allotments for which a Notice of Proposed Rule Making had not been
released.
(3) TV applicants and TV rulemaking petitioners that are mutually
exclusive pursuant to this section will be notified by Public Notice
and provided with a 90-day period of time to resolve their mutual
exclusivity via engineering amendment or settlement. Those applications
and petitions that remain mutually exclusive upon conclusion of the 90-
day settlement period will be dismissed.
0
20. Revise Sec. 73.624 to read as follows:
Sec. 73.624 Television broadcast stations.
(a) Television broadcast stations are assigned channels 6 MHz wide.
(b) Minimum programming requirements. The TV service that is
provided pursuant to this paragraph (b) must have a resolution of at
least 480i (vertical resolution of 480 lines, interlaced).
(1) TV licensees or permittees that broadcast in ATSC 1.0 (using
the transmission standard in 73.682(d)) shall transmit at least one
free over the air video program signal at no direct charge to viewers.
(2) [Reserved]
(3) TV licensees or permittees that choose to broadcast an ATSC 3.0
signal (using the Next Gen TV transmission standard in Sec. 73.682(f))
shall transmit at least one free over the air video programming stream
on that signal that requires at most the signal threshold of a
comparable received TV signal. TV licensees or permittees that choose
to broadcast an ATSC 3.0 signal (using the Next Gen TV transmission
standard in Sec. 73.682(f)) shall also simulcast the primary video
programming stream on its ATSC 3.0 signal by broadcasting an ATSC 1.0
signal (using the TV transmission standard in Sec. 73.682(d)) from
another broadcast television facility within its local market in
accordance with the local simulcasting requirement in Sec. 73.3801 and
Sec. 73.6029 and Sec. 74.782 of this chapter.
(c) Provided that TV broadcast stations comply with paragraph (b)
of this section, TV broadcast stations are permitted to offer services
of any nature, consistent with the public interest, convenience, and
necessity, on an ancillary or supplementary basis. The kinds of
services that may be provided include, but are not limited to computer
software distribution, data transmissions, teletext, interactive
materials, aural messages, paging services, audio signals, subscription
video, and any other services that do not derogate TV broadcast
stations' obligations under paragraph (b) of this section. Such
services may be provided on a broadcast, point-to-point or point-to-
multipoint basis, provided, however, that any video broadcast signal
provided at no direct charge to viewers shall not be considered
ancillary or supplementary.
(1) TV licensees that provide ancillary or supplementary services
that are analogous to other services subject to regulation by the
Commission must comply with the Commission regulations that apply to
those services, provided, however, that no ancillary or supplementary
service shall have any rights to carriage under Sec. Sec. 614 or 615
of the Communications Act of 1934, as amended, or be deemed a
multichannel video programming distributor for purposes of section 628
of the Communications Act of 1934, as amended.
(2) In all arrangements entered into with outside parties affecting
service operation, the TV licensee or permittee must retain control
over all material transmitted in a broadcast mode via the station's
facilities, with the right to reject any material in the sole judgement
of the permittee or licensee. The license or permittee is also
responsible for all aspects of technical operation involving such
telecommunications services.
(3) In any application for renewal of a broadcast license for a
television station that provides ancillary or supplementary services, a
licensee shall establish that all of its program services are in the
public interest. Any violation of the Commission's rules applicable to
ancillary or supplementary services will reflect on the licensee's
qualifications for renewal of its license.
(d) through (f) [Reserved]
(g) Commercial TV licensees and permittees, and low power
television, TV translator, and Class A licensees and permittees, must
annually remit a fee of 5 percent of the gross revenues derived from
all ancillary and supplementary services, as defined by paragraph (c)
of this section, which are feeable, as defined in paragraphs (g)(1)(i)
and (ii) of this section. Noncommercial TV licensees and permittees
must annually remit a fee of 5 percent of the gross revenues derived
from all ancillary and supplementary services, as defined by paragraph
(c) of this section, which are feeable, as defined in paragraphs
(g)(1)(i) and (ii) of this section, except that such licensees and
permittees must annually remit a fee of 2.5 percent of the gross
revenues from such ancillary or supplementary services which are
nonprofit, noncommercial, and educational.
(1)(i) All ancillary or supplementary services for which payment of
a subscription fee or charge is required in order to receive the
service are feeable. The fee required
[…truncated; see source link]Indexed from Federal Register on February 1, 2024.
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.