Proposed Rule2024-13812
Political Programming and Online Public File Requirements for Low Power Television Stations; Rules To Advance the Low Power Television, TV Translator and Class A Television Service
Primary source
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Published
June 27, 2024
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) seeks comment on revisions to our rules relating to the Low Power Television service (LPTV Service). The LPTV Service includes low power television (LPTV) stations as well as television translator (TV translator) stations and Class A TV stations (Class A). The Commission created the LPTV Service in 1982 to bring local television service to viewers "otherwise unserved or underserved" by existing full power service providers. Today, these stations are an established component of the nation's television system, delivering free over-the- air TV service, including locally produced programming, to millions of viewers in rural and discrete urban communities. In light of changes to the LPTV Service over the last forty years, we invite comment on changes to our rules and policies to ensure that LPTV Service continues to flourish and serve the public interest.
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[Federal Register Volume 89, Number 124 (Thursday, June 27, 2024)]
[Proposed Rules]
[Pages 53537-53561]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-13812]
[[Page 53537]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 11, 73, and 74
[MB Docket Nos. 24-147 and 24-148; FCC 24-65; FR ID 226295]
Political Programming and Online Public File Requirements for Low
Power Television Stations; Rules To Advance the Low Power Television,
TV Translator and Class A Television Service
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) seeks comment on revisions to our rules relating to the
Low Power Television service (LPTV Service). The LPTV Service includes
low power television (LPTV) stations as well as television translator
(TV translator) stations and Class A TV stations (Class A). The
Commission created the LPTV Service in 1982 to bring local television
service to viewers ``otherwise unserved or underserved'' by existing
full power service providers. Today, these stations are an established
component of the nation's television system, delivering free over-the-
air TV service, including locally produced programming, to millions of
viewers in rural and discrete urban communities. In light of changes to
the LPTV Service over the last forty years, we invite comment on
changes to our rules and policies to ensure that LPTV Service continues
to flourish and serve the public interest.
DATES: Comments may be filed on or before July 29, 2024, and reply
comments may be filed on or before August 26, 2024.
ADDRESSES: Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419,] interested parties may file comments and
reply comments on or before the dates indicated on the first page of
this document. Comments may be filed using the Commission's Electronic
Comment Filing System (ECFS). You may submit comments and reply
comments, identified by MB Docket Nos. 24-147 and 24-148, by any of the
following methods:
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="https://www.fcc.gov/ecfs/">https://www.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. Filings can be sent by
hand or messenger delivery, by commercial courier, or by the U.S.
Postal Service. All filings must be addressed to the Secretary, Federal
Communications Commission.
<bullet> Hand-delivered or messenger-delivered paper filings for
the Commission's Secretary are accepted between 8:00 a.m. and 4:00 p.m.
by the FCC's mailing contractor at 9050 Junction Drive, Annapolis
Junction, MD 20701. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
<bullet> Commercial courier deliveries (any deliveries not by the
U.S. Postal Service) must be sent to 9050 Junction Drive, Annapolis
Junction, MD 20701. Filings sent by U.S. Postal Service First-Class
Mail, Priority Mail, and Priority Mail Express must be sent to 45 L
Street NE, Washington, DC 20554.
<bullet> People With Disabilities: To request materials in
accessible formats for people with disabilities (braille, large print,
electronic files, audio format), send an email to <a href="/cdn-cgi/l/email-protection#f1979292c4c1c5b1979292df969e87"><span class="__cf_email__" data-cfemail="44222727717470042227276a232b32">[email protected]</span></a> or
call the Consumer & Governmental Affairs Bureau at 202-418-0530.
FOR FURTHER INFORMATION CONTACT: Kim Matthews, Media Bureau, Policy
Division, at (202) 418-2154, or by email at <a href="/cdn-cgi/l/email-protection#f6bd9f9bd8bb9782829e938185b6909595d8919980"><span class="__cf_email__" data-cfemail="ce85a7a3e083afbabaa6abb9bd8ea8adade0a9a1b8">[email protected]</span></a>; Shaun
Maher, Video Division, Media Bureau at (202) 418-2324, or by email at
<a href="/cdn-cgi/l/email-protection#87d4efe6f2e9a9cae6efe2f5c7e1e4e4a9e0e8f1"><span class="__cf_email__" data-cfemail="46152e273328680b272e23340620252568212930">[email protected]</span></a>; Mark Colombo, Video Division, Media Bureau at
(202) 418-7611, or by email at <a href="/cdn-cgi/l/email-protection#eba68a9980c5a8848784868984ab8d8888c58c849d"><span class="__cf_email__" data-cfemail="5a173b283174193536353738351a3c3939743d352c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking (NPRM), FCC 24-65, adopted on June 5, 2024 and
released on June 10, 2024. The full text of this document is available
for download at <a href="https://docs.fcc.gov/public/attachments/FCC-24-65A1.pdf">https://docs.fcc.gov/public/attachments/FCC-24-65A1.pdf</a>. To request materials in accessible formats (braille, large
print, computer diskettes, or audio recordings), please send an email
to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="ca8c8989fffafe8aaca9a9e4ada5bc">[email protected]</a> or call the Consumer & Government Affairs Bureau at
(202) 418-0530 (VOICE), (202) 418-0432 (TTY).
Paperwork Reduction Act. This document proposes new or modified
information collection requirements. The Commission, as part of its
continuing effort to reduce paperwork burdens and pursuant to the
Paperwork Reduction Act of 1995, Public Law 104-13, invites the general
public and the Office of Management and Budget (OMB) to comment on
these information collection requirements. In addition, pursuant to the
Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44
U.S.C. 3506(c)(4), we seek specific comment on how we might further
reduce the information collection burden for small business concerns
with fewer than 25 employees.
Providing Accountability Through Transparency Act. Consistent with
the Providing Accountability Through Transparency Act, Public Law 118-
9, a summary of this document will be available on <a href="https://www.fcc.gov/proposed-rulemakings">https://www.fcc.gov/proposed-rulemakings</a>.
Synopsis
I. Background
1. The LPTV Service was established over forty years ago as a
secondary, niche service. At the time of its creation, the viability of
the LPTV Service was not established and it was exempted from certain
obligations applicable to other broadcasters, including certain
recordkeeping and operating obligations. As the name suggests, stations
in the LPTV Service have lower authorized power levels than full power
TV stations. Because the LPTV Service operates at reduced power levels,
the stations serve a much smaller geographic region than full power
stations and can be fit into areas where a higher power station cannot
be accommodated in the Table of TV Allotments or in accordance with
section 307(b) of the Act. TV translator and Class A stations are
technically equivalent to LPTV stations in most respects. While LPTV,
TV translator, and Class A stations have many similarities under our
rules, they are each a distinct class of broadcast television station,
with differing rights and responsibilities.
2. Currently, there are approximately 1,829 licensed LPTV stations.
These stations operate in all states and territories. LPTV stations are
permitted to both originate programming or retransmit, with permission,
the signal of another TV station. LPTV stations are not limited in the
amount of programming they may originate or rebroadcast, and have fewer
operating obligations than full power television stations. LPTV
stations completed the transition from analog to digital operations in
2021.
3. There are approximately 3,118 licensed TV translators, most
operating in the western regions of the United States. With limited
exception, TV translators are not permitted to originate programming
and may only simultaneously retransmit the signal of another TV
station, with permission. TV translator stations are intended to
provide service to areas where direct reception of full-service
broadcast stations is either not possible or unsatisfactory because of
distance or intervening terrain obstructions.
[[Page 53538]]
Although TV translators are not limited to operation within the contour
of the station or stations they rebroadcast, they may be used to
provide service to terrain-obstructed areas within a full-service
station's service area. TV translators are often used to deliver the
only over-the-air television service available to rural communities.
4. In addition, there are approximately 379 licensed Class A
stations. In 2000, as instructed by Congress in the Community
Broadcasters Protection Act of 1999 (CBPA), the Commission established
the Class A television service. Class A stations are stations that
operate at low power, like LPTV/TV translator stations, but are
afforded primary interference protection status. The CBPA allowed
certain qualifying LPTV stations to apply for Class A status. Class A
stations completed a transition from analog to digital operations in
2015. Although they are not a secondary service, Class A stations are
still subject to the various LPTV/TV translator licensing and technical
requirements found in part 74 of our rules.
5. The LPTV Service has thrived since its creation in providing
service to millions in local communities of all kinds across the
nation. All such stations are currently required to operate in digital
format. While some LPTV stations air ``niche'' programming, sometimes
locally produced, to residents of specific ethnic, racial, or special
interest communities, sometimes in foreign languages, others are
affiliated with a television network, including the top four networks
(ABC, CBS, Fox, and NBC). In addition, while some LPTV stations remain
small, independently owned stations, others are part of large station
groups. In some areas unserved by any other television station, an LPTV
station may be the only television station providing local news,
weather, and public affairs programming. Even in some well-served
markets, LPTV stations may provide the only service targeted to the
specific interests of residents of discrete geographical communities
within those markets. In many instances, these stations are significant
enough voices in their communities to attract requests to carry
political advertising and may also carry sponsored programming pursuant
to time brokerage, local marketing agreements, or other agreements.
II. Discussion
6. Given the maturation of the LPTV Service since its initiation,
we seek comment in this proceeding about comprehensive updates to the
regulations of the service. In sections A through C below we invite
comment on whether we should require certain LPTV stations to maintain
an online public inspection file (OPIF). In sections D through L we
propose updates and amendments to our rules to address advances in the
LPTV Service, update our existing rules to provide clarifications and
resolve inconsistencies in our rules, prevent abuse of our licensing
processes, create an equal playing field, and ensure that LPTV/TV
translator stations are able to fully utilize the country's limited
spectral resources to provide television services. Specifically, we
propose and/or seek comment on whether to:
<bullet> Require certain LPTV stations to maintain an online public
inspection file.
<bullet> Adopt procedures for certain LPTV stations to establish an
online public inspection file.
<bullet> Specify in our rules that public inspection and political
broadcasting requirements are applicable to all LPTV stations.
<bullet> Make other changes to Sec. 73.3526 of our rules to
correct cross references and other inaccuracies relating to stations in
the LPTV Service and commercial radio and TV stations and establish new
reporting requirements for Class A and LPTV stations.
<bullet> Amend the method for calculating the maximum distance that
a displaced or channel sharing station may move under the LPTV/TV
translator displacement rule.
<bullet> Revise the LPTV/TV translator minor change rule to clarify
the maximum distance that Class A and LPTV/TV translator stations may
move.
<bullet> Require that Class A and LPTV/TV translator stations
specify a community of license (COL) within their station's contour.
<bullet> Adopt minimum operating and defined minimum video program
requirements for LPTV stations.
<bullet> Require that LPTV/TV translator stations seek authority to
change designation between LPTV and TV translator status and require
Class A and LPTV/TV translator stations to maintain a call sign
consistent with their class of service.
<bullet> Require use of a ``stringent'' or ``full-service''
emission mask for channel 14 Class A and LPTV/TV translator stations to
prevent interference to Land Mobile Radio (LMR) stations.
<bullet> Prohibit LPTV/TV translator station operations above TV
channel 36.
<bullet> Remove the 30 day public notice comment period for
displacement applications and clarify when an LPTV/TV translator
station displaced by a full power station's channel substitution may
apply for displacement.
<bullet> Clarify the existing displacement rule and interference
thresholds for actual and predicted interference, and amend the
definition of displacement to include displacement by LMR stations; by
protected television facilities in Canada and Mexico; and due to
interference to TV translator input channels.
<bullet> Codify other rule clarifications consistent with
precedent, including the use of emission masks at Distributed
Transmission System (DTS) transmitter sites; the maximum grid
resolution permitted with interference analyses; and application of the
part 73 ``program test authority'' rule to LPTV/TV translator stations.
<bullet> Remove duplicate definitions and re-letter the definitions
remaining in the part 74 rules, and make other editorial, non-
substantive corrections to the part 11, 73, and 74 rules.
A. Requiring Certain LPTV Stations To Maintain an Online Public
Inspection File
1. Existing Public File Requirements
7. To provide the public with access to information about station
operations, the Commission's rules have long required broadcast
television and radio stations to maintain a physical public inspection
file, including a political file, at their respective stations or
headquarters and to place in the file records that provide information
about station operations. The purpose of the public inspection file
requirement is to ``make information to which the public already has a
right more readily available, so that the public will be encouraged to
play a more active part in dialogue with broadcast licensees.''
8. The Commission promulgated its first political file rule in
1938. That initial rule was essentially identical to our current
political file regulation in its requirement that the file be available
for public inspection and include both candidate requests for time and
the disposition of those requests, including the ``charges made'' for
the broadcast time. In 1965, following action by Congress to allow
greater public participation in the broadcast licensing process, the
Commission adopted a broader public inspection file rule to enable
inspection of broadcast applications, reports, and related documents at
a station's main studio. The Commission noted that Congress' actions
``zealously guarded the rights of the general public to be informed''
and that the Commission's goal was to make
[[Page 53539]]
``practically accessible to the public information to which it is
entitled.''
9. In 2012, the Commission replaced the decades-old requirement
that commercial and noncommercial television stations maintain public
files at their main studios with a requirement to post most of the
documents in those files to a central, online public file hosted by the
Commission. In 2016, the Commission expanded the online public
inspection file (OPIF) to include cable operators, Direct Broadcast
Satellite (DBS) providers, broadcast radio licensees, and satellite
radio (also referred to as ``Satellite Digital Audio Radio Service'' or
``SDARS'') licensees. The Commission's goals were to modernize the
procedures television broadcasters and other media entities use to
inform the public about how they are serving their communities, make
information concerning service more accessible to the public, and
reduce the cost of compliance.
10. Section 73.3526, the online public inspection file rule for
commercial television and radio stations, requires ``[e]very permittee
or licensee of an AM, FM, TV, or Class A TV station in the commercial
broadcast services'' to maintain a public inspection file with material
identified in the rule. LPTV stations are not currently subject to
Sec. 73.3526. Among other required content, Sec. 73.3526(e) specifies
that the public inspection file must include a copy of the station's
current authorization, any application tendered for filing with the
Commission together with related material, citizen agreements, contour
maps, ownership reports and related materials, the political file, the
Equal Employment Opportunity file, radio and television time brokerage
agreements, must-carry or retransmission consent elections, radio and
television joint sales agreements, shared service agreements, and
foreign sponsorship disclosures. Section 73.3526(b) requires that
television and radio station licensees or applicants subject to the
rule place the contents of their public inspection file ``in the online
public file hosted by the Commission.''
11. When the Commission created the LPTV category of service in the
LPTV Order, the Commission concluded that because the service was of
undetermined viability and the stations are secondary, have small
coverage areas, and are not required to serve a particular community or
a specified coverage area, ``minimal regulation of low power television
is in the public interest notwithstanding the fact that it is a
broadcast service.'' Nevertheless, the Commission concluded that
sections 312(a)(7) and (f) and 315 of the Act apply to LPTV stations.
Section 312(a)(7) grants candidates for Federal office reasonable
access to broadcasting stations. Section 315(a) states that, if a
licensee permits one candidate for a public office to use its station,
it must afford ``equal opportunities'' to all other candidates for that
office to use the station. Section 315(b) provides that, during certain
periods before an election, political candidates are entitled to ``the
lowest unit charge of the station for the same class and amount of time
for the same period.'' In addition, section 315(e) requires broadcast
licensees to maintain and make available for public inspection certain
records of requests to purchase broadcast time on the station. While
LPTV stations must comply with the statutory requirements of sections
312(a)(7) and 315, the Commission did not amend the political
programming and political file rules that apply to LPTV when it last
amended the political programming and political file rules that apply
to full power and Class A stations.
12. LPTV stations do have certain recordkeeping obligations aside
from the political programming requirements described above. Section
74.781 requires LPTV stations to ``maintain adequate station records''
and make them available to the Commission upon request. Section
74.781(c) also requires that records ``shall be maintained for
inspection,'' although that sentence mentions only translator stations.
The records required to be maintained include the station
authorization, official correspondence with the Commission, contracts,
and ``other pertinent documents.'' In addition, Sec. 74.780 of the
rules also contains some recordkeeping obligations. For example, LPTV
stations must retain records of programming that is a ``political
matter or matter involving the discussion of a controversial issue of
public importance'' pursuant to Commission's sponsorship identification
rules. In addition, LPTV stations must provide to the Commission upon
request a copy of any network affiliation contract between the station
and a national network.
13. The implementation of the online file was a significant
achievement in the Commission's ongoing efforts to improve public
access to important station information. Since it was launched in 2012,
more than 19,875,413 documents have been successfully uploaded into the
online file, and the site receives 108,583 unique visitors every two
weeks. Today, all full power and Class A television broadcast stations,
cable operators, full-service radio broadcasters, DBS providers, and
SDARS licensees have fully transitioned to OPIF. Despite initial
concerns, NAB characterized the initial implementation of the online
file as ``uneventful.'' The benefits of the online public file, versus
maintaining files in main studios or other station offices, are clear.
The evolution of the internet and the spread of broadband
infrastructure have transformed the way society accesses information
today. Prior to OPIF, reviewing a local public inspection file
typically involved the substantial expense and inconvenience of
traveling to the station. Maintaining station records instead in a
centralized, online file permits review with a quick and essentially
costless internet search and increases transparency to the public. OPIF
also is consistent with the online document retention procedures used
by most businesses today to increase efficiency, reduce storage costs,
and improve access.
2. Application of Public File to Certain LPTV Stations
14. As noted above, to ``zealously guard[ ] the rights of the
general public to be informed'' and to make ``practically accessible to
the public information to which it is entitled,'' full power and Class
A television stations must comply with the public file rule. Yet LPTV
stations, including stations that are leaders in their local markets
and provide services comparable to those of full power and Class A
stations, are currently required to make only certain records,
including political file materials, available to the public and to
provide certain records to the Commission upon request. We believe that
the benefits of OPIF described above also would support requiring
certain LPTV stations to comply with the same OPIF obligations as full
power and Class A stations, and we seek comment on this issue. We seek
comment on how, specifically, the public uses the public file to
safeguard the value of the public airways. For instance, what
information from broadcasters' public files does the public routinely
seek? Has the trend toward consumption of video media not transmitted
by broadcast licensees changed the informational or civic value of the
public file--and, if so, how? Have any studies or other information-
gathering activity utilizing public file information been completed by
civil society or public interest groups, and what do those studies or
analyses reveal, if anything? Given the fact that LPTV is now an
established service, the increased relevance of the LPTV Service
generally, and the category of LPTV stations with top-four network
[[Page 53540]]
affiliations specifically, we seek comment on whether to require
certain LPTV stations to comply with the online public inspection file
requirements of Sec. 73.3526 of our rules. We invite comment on
whether, for the reasons described below, we should modify our rules to
extend the same OPIF requirements applicable to full power and Class A
television stations to top-four network affiliated LPTV stations. We
also invite comment on whether we should include LPTV stations
affiliated with other national TV networks in the requirement to
maintain an OPIF or, rather than tying any OPIF requirement for LPTV
stations to network affiliation, if we should instead apply the OPIF
requirement to LPTV stations that are among the top-four TV stations in
each market based on the Nielsen ratings. Are there any other ways of
differentiating among LPTV stations for purposes of imposing OPIF
requirements?
15. It has been over 40 years since the implementation of the LPTV
Service. Today, there are almost 1,900 LPTV stations currently
operating and providing important programming to the communities they
serve. Many LPTV stations now serve as a significant source of
programming in their communities, especially those that are network
affiliates. Given these developments, has the LPTV Service become
sufficiently well-established at this point in time to require that
certain LPTV stations comply with the same or similar public file
requirements that apply to full power and Class A TV stations? As LPTV
stations have evolved to become, in some cases, a significant presence
in their local markets, should such stations have a similar public
inspection file obligation to ensure that this information is readily
available to the public and the Commission? Is the Commission's prior
justification for imposing minimal obligations on all LPTV stations now
less compelling for certain categories of stations? Is there any reason
not to extend OPIF obligations to at least some LPTV stations? Would
the burden of requiring any category of LPTV station to comply with the
same OPIF obligations as full power and Class A stations outweigh the
benefits to the public? What are the costs associated with
differentiating among LPTV stations for these purposes?
16. Should stations with a top-four television network affiliation
be subject to the OPIF requirements for the same reasons as full power
and Class A stations--to zealously guard the rights of the general
public to be informed and to make practically accessible to the public
information to which it is entitled? Would expansion of the online
public file to this category of LPTV stations improve public access to
the files of affiliated stations by clearly identifying the records
LPTV stations are required to make available to the public in the
centralized, online file? In proposing to focus only on LPTV stations
that are affiliated with a top-four television network, our goal is to
limit the OPIF obligation to those LPTV stations that carry programming
that is more likely to be widely viewed. Such stations have greater
resources and thus can more easily address any implementation issues
that may arise. Top-four network affiliates are generally the top-rated
stations in their local markets. In addition, LPTV stations affiliated
with a top-four network are more likely to be carried by multichannel
video programming distributors (MVPDs) despite their status as low
power stations, thereby extending their reach. We seek comment on the
current extent of such MVPD carriage of non-class A LPTV stations. We
note that the Commission has previously imposed different requirements
on top-four network affiliates in light of the greater resources at
their disposal and in recognition of the important role these stations
play in providing local news and public affairs programming to their
communities. We also believe that top-four network affiliated LPTV
stations are more likely to have the kinds of materials required to be
retained in OPIF, such as political file material, than LPTV stations
that are not network affiliates. Thus, we believe that requiring these
stations to comply with OPIF would make important information about the
stations more easily accessible and provide the public the opportunity
to ensure that these stations are properly discharging their duty to
operate in the public interest. We seek comment on these issues.
17. We also seek comment on what burdens the obligation to maintain
an online public file would impose on LPTV stations with a top-four
television network affiliation. Since LPTV stations currently must
maintain certain records and provide these records to the Commission
upon request, would there be a significant additional burden for LPTV
stations with a top-four affiliation to maintain these same records in
an OPIF file? We believe our proposal to use the online public file
rather than paper files may result in modest costs upfront but will
ultimately allow these stations to realize savings by no longer having
to keep a local file on a going-forward basis. We note, as described
above, that the OPIF for full power and Class A stations has been a
significant achievement that improves transparency and defied initial
concerns. We also believe that LPTV stations affiliated with a top-four
television network can more easily address any implementation issues
that may arise than other LPTV stations. We invite comment on these
views.
18. Should we extend OPIF requirements to LPTV stations that are
affiliated with TV networks other than the top-four? If so, what other
LPTV network affiliates should be included in the OPIF requirement? Is
there any reason to exclude any LPTV network affiliate from OPIF
obligations and, if so, what are those? As noted above, approximately
15% of LPTV stations are affiliated with any network. How would
inclusion of LPTV stations with other network affiliations alter the
benefits and burdens of requiring certain LPTV stations to maintain an
OPIF?
19. Should we instead extend OPIF requirements to LPTV stations
that are among the top-four television stations in each television
market (Designated Market Area) based on ratings regardless of the
station's network affiliation? If we were to adopt this approach, we
propose to calculate whether a station is rated among the Top 4 by
cross-reference to the Commission's media ownership rules defining the
Top 4 criteria in Sec. 73.3555(b)(1) of our rules. We invite comment
on this proposal and on any alternative methods of calculating whether
a station is among the Top 4 rated stations in the market.
20. Should we adopt some other measure for identifying those LPTV
stations to which we should extend OPIF requirements? If we were to use
an approach based on ratings rather than network affiliation, should we
account for instances in which the LPTV station makes use of multicast
streams, satellite stations, or translators? Should the ratings of
these stations or streams be combined with the ratings of the primary
station or stream to determine the station's ratings in the DMA? The
Commission has previously expressed concern about using rankings or
ratings, noting that those thresholds are subject to change and ``would
be difficult to measure and administer, and would provide uncertainty
to broadcasters, as they are not as able to predict or control
ratings.'' Do those same concerns apply if we were to use rankings for
purposes of determining which LPTV stations are subject to OPIF?
21. If we focused on ratings, how would we account for stations
that over time moved in or out of the top-four rating category? For
instance, should we require any station that was rated within
[[Page 53541]]
the top-four in the market within a specific period of time, such as a
two year period, to maintain an online public file? If a station is in
the top-four for one month during a two-year period, should the station
be required to maintain an OPIF for the entire two-year period? Should
a different period of time apply and why? Should we recalculate the
ratings/rankings at an established time each year for purposes of
determining which LPTV stations are covered? Once a station achieves
top-four status, should it be required to maintain an OPIF in
perpetuity? That is, should we have a no backsliding requirement, such
that once a station is covered under our OPIF requirements, it would
remain covered? Would the fact that an LPTV station already incurred
the modest cost of establishing an OPIF file, and the likely savings
that would result from no longer having to maintain a local file,
justify such a requirement? How would focusing on the top-four
television stations in each television market alter the benefits and
burdens of requiring a certain specified category of LPTV stations to
maintain an OPIF?
22. If we require certain LPTV stations to comply with the OPIF
obligations in Sec. 73.3526 of our rules, we intend to implement
efficiencies used in prior transition phases to OPIF in order to reduce
the burden on these stations. Specifically, we propose to require that
LPTV stations upload only those OPIF documents not otherwise filed with
the Commission or available on the Commission's website. Any document
or information required to be kept in the public file and that is
required to be filed with the Commission electronically would be
imported to the online public file and updated by the Commission. Given
these measures to minimize the burdens, would the benefits of imposing
an OPIF requirement on top-four network affiliated LPTV stations or any
other category of LPTV stations, including improving public access to
information about LPTV station operations, outweigh any costs?
23. In addition, if we were to require certain LPTV stations to
post political file information in OPIF, we propose to do so consistent
with prior transitions. Specifically, we propose that LPTV licensees
required to comply with OPIF must upload documents to the online
political file only on a going-forward basis, and will not be required
to upload their existing political files. Under this proposal, LPTV
licensees could continue to maintain at the station those documents
already in place in their political file at the time any new rules in
this proceeding become effective, and in that way decrease the burden
on LPTV licensees. We seek comment on this proposal. Should we permit
LPTV stations that are not required to maintain an OPIF to voluntarily
maintain an OPIF? Should we permit LPTV stations that will be obligated
to maintain an OPIF to elect voluntarily to upload to OPIF existing
political file material (i.e., material that they would otherwise not
be required to upload under the proposed rules)?
24. If we require certain LPTV stations to comply with the online
public inspection file requirements of Sec. 73.3526 of our rules,
those LPTV stations would be required to maintain in their OPIF, and
thus make available for public inspection, the material identified in
that rule, including a copy of the station's current authorization, any
application tendered for filing with the Commission together with
related material, citizen agreements, contour maps, ownership reports
and related materials, the political file, the Equal Employment
Opportunity file, must-carry or retransmission consent elections and
foreign sponsorship disclosures. Pursuant to Sec. 73.3526(b), LPTV
station licensees and applicants subject to the rule would be required
to place the contents of their public inspection file ``in the online
public file hosted by the Commission.'' Under our current rules, as
discussed above, LPTV stations currently must maintain certain
materials, including the current instrument of authorization, official
correspondence with the FCC, contracts, permission for rebroadcasts,
and ``other pertinent documents,'' and make them available to the
Commission upon request. If certain LPTV stations are covered by OPIF,
we also propose that those stations include in their online file the
list required to be ``available for public inspection'' pursuant to
Sec. 73.1212(e). Stations not required to maintain an OPIF would
maintain the list as specified in Sec. 74.781(c). Is there any reason
LPTV stations should be exempt from making the documents identified in
Sec. 73.3526 available for public inspection in OPIF?
3. Public File Statutory Authority
25. We note that we have broad authority under Title III of the Act
to regulate radio communications, including classification of stations,
prescription of the nature of services to be rendered, and the
authority to establish the licensing procedures for broadcast stations
when the public interest is found to be served. Section 303(b) provides
that we have authority to ``prescribe the nature of the service''
offered by licensed stations. And section 303(r) of the Act provides
that we have authority to ``[m]ake such rules and regulations and
prescribe such restrictions and conditions, not inconsistent with law,
as may be necessary to carry out the provisions of th[e] Act.'' We
tentatively conclude that the OPIF obligations for LPTV stations on
which we seek comment herein fall within this broad grant of authority
because they would promote public understanding of various issues
concerning the operation of the station and better inform the public
about how the station is serving the community. Improving public access
to information about certain LPTV stations also is consistent with the
goal of sections 309 and 311 of the Act to permit public participation
in broadcast licensing. In addition, section 315(e) of the Act requires
licensees to make their political files available for public
inspection. We believe that requiring LPTV licensees to make certain
records available for public inspection in OPIF would further the Act's
goal of ensuring that the public can access important information about
the station and, with respect to political files, assist candidates and
others seeking information about political advertisements being carried
on the station. We invite comment on these views.
B. Procedures for LPTV Stations To Establish an OPIF
26. If we were to require that certain LPTV stations comply with
the OPIF requirements in Sec. 73.3526, such as those affiliated with a
top-four TV network or those rated in the top four in a DMA or
otherwise, we propose that the Media Bureau issue a Public Notice with
an initial/draft list of those LPTV stations that fall within the
affected group, based on generally accepted industry data. Licensees
and other interested parties would be given a period of time to file
comments on the initial/draft list in order to ensure it correctly
identifies those LPTV stations subject to the OPIF requirement. The
Media Bureau would subsequently issue a Public Notice including a final
list of LPTV stations subject to the OPIF requirement in accordance
with our rules and set a deadline by which each such LPTV station must
begin to maintain the OPIF on the Commission's OPIF platform. Upon
release of the Public Notice, the Commission would also send a copy of
the public notice to the authorized representative of each station as
reflected in the Commission's Licensing and Management System (LMS). We
invite comment on this approach. We also seek comment on whether these
[[Page 53542]]
proposals appropriately accommodate small entities.
27. If, after the Media Bureau issues a final list of LPTV stations
that are subject to the OPIF requirement, an LPTV station's network
affiliation or ratings ranking changes such that it would either become
or no longer be covered by the OPIF rule, we propose that the LPTV
station must notify the Commission within 10 days of the change in
their affiliation or ranking. If we tie the OPIF requirement to LPTV
stations ranked in the top-four in the market, such a change would be
calculated based on rankings averaged over a 12-month period.
Specifically, we propose that LPTV stations be required to send written
notice to the Commission at an email address to be provided by the
Media Bureau in the Public Notice that includes the final list of LPTV
stations. The email would request either that an OPIF be created for
the station or that the station be deleted from the list of LPTV
stations with an OPIF requirement. The LPTV station would also be
required to include the date the station's affiliation or ranking
changed, and details of the station's change in circumstance (i.e., its
new affiliation or ranking information). For LPTV stations with a new
OPIF requirement, this filing would initiate the process of the
Commission creating an OPIF for that LPTV station. The Media Bureau
would by letter inform the station of the deadline by which the LPTV
station must upload documents to its OPIF. We propose that stations
with a new OPIF requirement be required to begin uploading all required
OPIF documents within 60 days of the date of the letter. For LPTV
stations that notify the Commission that they are no longer subject to
the OPIF rule, the Media Bureau would provide written confirmation to
the licensee by letter verifying they are no longer subject to the
rule. The station would be required to upload a copy of the letter to
its OPIF to ensure members of the public are aware it is no longer
subject to the OPIF rule. The OPIF would remain publicly accessible for
historical and investigatory purposes. We seek comment on these
proposed procedures. How should the procedures change if we were to
require stations to maintain an OPIF in perpetuity once they are
required to do so? For example, in such a situation, would the LPTV
station still have to notify the Commission about its change in rank/
affiliation? Would there be other requirements that would no longer be
needed (e.g., no need to upload a letter discussing the station's
change in rank/affiliation)?
28. If we were to base an OPIF requirement on a station's market
ranking should we adopt a waiting period before we impose an OPIF
requirement on a station that becomes a top-four ranked station or
drops out of the top-four to ensure that the change in market ranking
is not short-lived? If so, how long should the waiting period be? As
noted above, if we use an approach based on station ratings, that
calculation is averaged over a 12-month period. If we adopt a waiting
period, what should the waiting period be if we used an approach based
on ratings? Should other procedures apply if we adopt a requirement
based on a top-four market rating? If so why? We seek comment on these
issues.
C. Recordkeeping and Political Broadcasting Obligations Applicable to
All LPTV Stations
29. As discussed above, LPTV stations are currently required by
Sec. 74.781(a) of the rules to ``maintain adequate station records,
including the current instrument of authorization, official
correspondence with the FCC, contracts, permission for rebroadcasts,
and other pertinent documents.'' Section 74.781(b) also requires LPTV
stations to retain certain information about tower lighting. Section
74.781(c) specifies a location where records must be ``maintained for
inspection,'' but that sentence appears to refer only to translators,
not LPTV stations. If we were to require a subset of LPTV stations to
comply with Sec. 73.3526, we propose to revise Sec. 74.781(c) to
reference the requirement that certain LPTV stations maintain an OPIF
and to specify where LPTV stations must retain records not included in
OPIF. Our proposed revisions to Sec. 74.781 would specify where
records for LPTV stations, including the political file, can be
accessed by the Commission and the public.
30. In addition, we believe it is appropriate to require that all
LPTV stations maintain records for public inspection, including those
that do not have an OPIF requirement as a result of this proceeding. We
interpret the requirement in Sec. 74.781(c) that station records be
``maintained for inspection'' as mandating that such records be
maintained for public inspection, as that paragraph separately mandates
that station records also be made available to the Commission. While
the inspection requirement in Sec. 74.781(c) could be read to apply
only to translators, we note that requirement was adopted in 1975,
prior to the establishment of the LPTV Service. As both Sec. 74.781(a)
and (b) clearly apply to both translators and LPTV stations, we believe
Sec. 74.781(c) is best read as not intended to limit the application
of the inspection requirement solely to translators. Nothing in the
Commission's order adding LPTV stations to Sec. 74.781 suggests that
the Commission intended to carve out LPTV stations from the inspection
requirement. Moreover, we tentatively conclude that it would serve the
public interest to require LPTV stations maintain records for public
inspection. Accordingly, we propose to revise the inspection
requirement in Sec. 74.781(c) to clarify that the rule applies to both
translators and LPTV stations. We seek comment on these proposed
changes to Sec. 74.781(c). Is there any reason to exempt LPTV stations
not subject to an OPIF requirement from a public inspection
requirement? Is there any reason translators should be subject to a
public inspection requirement and not LPTV stations?
31. We also propose to update the list of political programming
rules applicable to LPTV stations to align that list with existing and
longstanding statutory requirements pursuant to sections 312 and 315 of
the Act. Should we specify that LPTV stations are subject to Sec. Sec.
73.1941 through 73.1944 of the Commission's rules, in addition to
73.1940? These rules codify the statutory requirements of sections
312(a)(7) and 315 of the Act, which apply to LPTV stations. The
Commission originally adopted the rules in their current format in
1991, and said that the rules were intended to ``accurately and closely
reflect the language, intent, and requirements of the broadcasting
portions'' of the Act and to provide ``detailed and practical advice''
to broadcasters, candidates, and the public regarding broadcasters'
requirements and the rights afforded to candidates by the Act. The
rules were also adopted ``to promote achievement of the Act's
objectives while being responsive to the evolving sales practices of
broadcast stations.'' We tentatively conclude that revising our rules
to specify that the current versions of Sec. Sec. 73.1940 through
73.1944 are applicable to LPTV stations would more accurately reflect
the statutory obligations of LPTV stations and conform our requirements
regarding LPTV stations to the requirements contained in sections
312(a)(7) and 315 of the Act. We seek comment on this tentative
conclusion.
D. Other Proposed Changes to Sec. 73.3526
32. Finally, we propose to make other changes to Sec. 73.3526 of
our rules to correct cross references and other inaccuracies, clarify
existing
[[Page 53543]]
requirements, establish a filing frequency for Class A stations to
certify they have met their ongoing eligibility requirements, and
require Class A and LPTV stations to disclose time brokerage agreements
(TBAs) and joint service agreements (JSAs).
33. First, we propose to add to Sec. 73.3526(e)(11)(iii), which
addresses the requirement to file an annual Children's Television
Programming Report, a reference to Class A television stations. Class A
stations have been required to prepare and file such reports since the
Class A service was first established, but a reference to Class A was
inadvertently omitted from this provision of the rules. Further, Sec.
73.3526(a)(2) specifically requires Class A stations to comply with
Sec. 73.3526(e)(11). Second, we propose to correct Sec. 73.3526(a)(2)
to indicate that all commercial radio and television stations must
comply with Sec. 73.3526(e)(19), which requires stations to retain in
OPIF documentation sufficient to demonstrate that the station is in
compliance with the requirements set forth in Sec. 73.1212(j)(7) of
the Commission's rules. Third, we propose to correct Sec.
73.3526(a)(2) to indicate that commercial radio and television stations
must comply with Sec. 73.3526(e)(14) and (16). These provisions
expressly apply to commercial radio and TV stations, but Sec.
73.3526(a)(2) does not include a cross reference to both those
provisions with respect to these stations. We seek comment on these
rule clarifications.
34. Third, we propose to correct Sec. 73.3526(a)(2) to indicate
that Class A stations (including those established pursuant to the
LPPA) must comply with Sec. 73.3526(e)(17), which requires that Class
A stations include in OPIF documentation sufficient to demonstrate that
the station is continuing to meet the ongoing Class A eligibility and
service requirements set forth in Sec. 73.6001. In addition, we
propose to establish how often Class A stations must provide such
documentation and what type of documentation is required. As part of a
Class A station's continuing eligibility obligation, it must broadcast
a minimum of 18 hours per day and air an average of at least three
hours per week of locally produced programming each quarter. Based on
these ongoing eligibility requirements, we tentatively conclude that a
quarterly filing is appropriate. All documentation would be required to
be filed in a station's OPIF by the tenth day of the succeeding
calendar quarter (e.g., January 10 for the quarter October-December;
April 10 for the quarter January-March, etc.) and must be retained in
the OPIF until final action has been taken on the station's next
license renewal application. As to the type of documentation Class A
stations may provide, the Media Bureau has generally accepted a
certification of compliance as sufficient documentation. We propose to
codify this requirement. However, given Congress' clear focus on
locally produced programming, we seek comment on whether to require
that Class A stations also include a list of locally produced
programing sufficient to demonstrate that the station aired an average
of three hours per week of locally produced programing each quarter.
How burdensome would providing such a list be and what would that
burden consist of? If we were to adopt such a requirement, what
information should be included (e.g., time, date, duration, and title
of each program aired)? We also propose that, like issue/programs
lists, Class A stations be able to choose the format of the
information. We seek comment on these clarifications and proposals.
35. Finally, we propose to amend Sec. 73.3526(a)(2) to indicate
that Class A and LPTV stations must retain in their OPIF any TBA or JSA
relating to the station. Full power commercial TV stations and
commercial radio stations are currently subject to this requirement,
but our rules do not clearly apply this requirement to Class A
stations. We propose to amend our rules to apply this requirement to
both Class A and LPTV stations. The obligation to retain TBAs in
particular was adopted to ``make it easier for the Commission and
others to properly monitor time brokerage to ensure that licensees
retain control of their stations and adhere to the Communications Act,
Commission Rules and policies and the antitrust laws.'' The Commission
has noted that this requirement would impose ``only a minimal burden on
licensees.'' For similar reasons, the Commission also requires radio
and television licensees to place copies of any JSAs in the public
inspection file. The obligation to disclose these agreements in a
station's public inspection file applies even if the agreement would
not result in the arrangement being counted in determining the
brokering licensee's compliance with local and national multiple
ownership rules. We tentatively conclude that Class A and LPTV
stations, like commercial television and radio stations, should also
disclose such agreements for the same reasons disclosure is required
for the commercial television and radio stations, and seek comment on
this view. Is there any reason to exempt Class A and LPTV stations from
this requirement? We seek comment on these proposals.
E. Revision to Rules Regarding Relocation of Facilities
1. Calculating Distance for Displaced and Channel Sharing Stations
36. We next propose to modify our rules to resolve an inconsistency
in calculating the distance a displaced or channel sharing station may
relocate its facilities. The LPTV/TV translator rules contain limits on
how far a station may relocate its transmission facilities. These
limits were established to ensure that LPTV/TV translator modification
applications for ``minor change'' remained just that. This was intended
to ensure that stations continue to provide coverage to viewers that
rely on their service, so that their viewers were not left behind when
a station is displaced or chooses to relocate. Currently, a displaced
LPTV/TV translator station may propose a change in transmitter site of
not more than ``30 miles from the reference coordinates of the existing
station's community of license.'' Further, the Commission's channel
sharing rules apply this rule to Class A and LPTV/TV translator station
relocations resulting from a proposed channel sharing arrangement. In
contrast, a Class A or LPTV/TV translator station that is seeking to
relocate its facility through a minor modification is limited to moving
not greater than ``30 miles (48 kilometers) from the reference
coordinates of the existing station's antenna location.''
37. Thus, there is an inconsistency between the manner in which
these rules calculate the distance of a proposed relocation.
Furthermore, because Class A and LPTV/TV translator stations are not
included in the Table of TV Allotments and not assigned a COL when
licensed, using a station's COL as a reference point can be subject to
abuse. As outlined later in this NPRM, although licensees may input a
COL for their station in LMS, our rules do not currently have a
procedure governing how Class A and LPTV/TV translator station may
select a COL. As a result, a licensee can change the COL for their
station in LMS at any time, and theoretically could specify a COL that
has no association with the actual location of the station's
facilities. This could undermine the purpose of the existing rule, to
limit displacement and channel sharing relocations to 30 miles, if a
station was to first modify its COL to designate a location that is
within 30 miles of the location where a station wants to relocate the
facility or channel
[[Page 53544]]
share, and then files a channel sharing or displacement application
thereafter.
38. To resolve the inconsistency, close a possible loophole in our
rules, and harmonize our rules with respect to all Class A and LPTV/TV
translator facility relocations, we propose to amend our displacement
and channel sharing rules to eliminate the reference to a station's COL
and incorporate the language of the minor change rule that measures
distance from the reference coordinates of the ``existing station's
antenna location.'' Even though later in this item we propose a process
for Class A and LPTV/TV translator stations to designate a COL, we
believe that use of the COL as a reference point for displacement could
continue to undermine the purpose of our displacement rule. Given the
contour size and the hyper local nature of the LPTV Service, precision
is necessary in order to stand by the original intent of the rule,
which is to ensure minimized disruption to the existing audience when
station facilities are relocated. Therefore, changing our rules to
measure a station's proposed relocation based on the reference
coordinates of its antenna location provides a better reference point
for the station's service area. Conversely, measuring relocations based
on the reference coordinates of a station's entire COL could continue
to allow stations to potentially thwart the intent of the 30-mile
relocation distance limit. We seek comment on this proposal.
2. The 30-Mile Distance Limit
39. We also seek comment on clarifying the distance that Class A
and LPTV/TV translator stations are allowed to move in a single minor
modification application or a displacement application. As noted above,
moves in either situation are currently limited to ``30 miles (48
kilometers)'' in order to ensure continuity of service. For purposes of
consistency and clarity, we propose to revise the rules that currently
reference the 30-mile limit to state that a facility may not be
relocated greater than 48.3 kilometers and to make clear that the
distance calculation may not be ``rounded down.'' We understand that
Media Bureau staff permitted stations proposing a relocation of up to
30.49 miles to ``round-down'' the distance calculation to 30 miles to
comply with the distance limitation. We propose to prohibit rounding of
the distance calculation. Additionally, we propose to revise our rules
to remove the imprecise miles-to-kilometers conversion and instead
solely state that facility relocations may be not greater than 48.3
kilometers. Any value over 48.3 kilometers, even by less than a tenth
of a kilometer, will not be considered rule compliant. We seek comment
on these proposals. While there exists the possibility of a waiver of
our rules, should we establish exceptions in certain circumstances to
allow stations to relocate their facility to a location more than 48.3
kilometers from their reference coordinate. We seek comment on what
exceptions, if any, should be set forth in our rules. Finally, we seek
comment on whether to adopt a different distance limit for transmitter
site relocations that are proposed in minor modification applications.
Commenters proposing a different distance limit should explain why
their proposed limit is more appropriate than the current 30-mile limit
and how it aligns with our goal of ensuring existing viewers are not
harmed.
3. Establishing Community of License Designations and Coverage
Requirements
40. We next propose to require that Class A and LPTV/TV translator
stations specify a COL that is associated with their station's actual
service area. As noted above, Class A and LPTV/TV translator stations
are not allotted in the Table of TV Allotments. As a ``fill-in'' type
service, their facilities can be authorized at any location so long as
they do not cause interference to any other authorized television
stations and as a secondary service their facilities can be easily
displaced. As a result, the Commission has not previously imposed a
rule or methodology for Class A or LPTV/TV translator stations to be
formally assigned a COL. Because our existing rules do not provide a
clear rule or methodology, the Media Bureau has been processing
requests for changes in a Class A and LPTV/TV translator station's COL
only when at least a portion of the proposed community is located
within the station's protected contour.
41. Formalizing the COL designation process and providing set
standards for how a Class A and LPTV/TV translator station can select a
COL will ensure that COL's listed in LMS and used by Stations actually
reflects their service area. Although we believe that Class A and LPTV/
TV translator stations should continue to possess the flexibility to
determine where best to locate their stations' facilities, we believe
that stations should be required to designate a COL that has a
connection with its station's operations. Further, this will also
ensure that Class A and LPTV/TV translator stations continue to utilize
their COL to create a connection with the communities they in fact
serve and allow viewers and the Commission to fully evaluate whether a
station has been operating in the public interest convenience and
necessity. We propose the following criteria be applied for all Class A
and LPTV/TV translator stations when designating a COL. First, we
tentatively conclude that all Class A and LPTV/TV translator stations
should be required to designate a COL whose boundary at least partially
overlaps with the station's ``protected service contour.'' We propose
defining ``protected service contour'' as the protected contour
provided for in Sec. 74.792 of our rules for LPTV/TV translator
stations and Sec. 73.6010 of our rules for Class A stations. For
purposes of determining whether a COL's boundary ``overlaps with a
station's protected service contour,'' we propose to examine the legal
boundary of the community that has been designated by any Federal,
state, local, or tribal governmental entity. In designating a COL, a
station would be required to provide a map demonstrating that the
contour overlaps with the COL's legal boundary. Second, we tentatively
conclude that any amount of overlap between the Station's protected
service contour and legal boundary of its COL will be deemed sufficient
for a station to designate a community as its COL. We tentatively find
that this standard is appropriate given the relatively small size of
the coverage area of many Class A and LPTV/TV translator stations. For
that reason, we tentatively conclude a more stringent coverage
requirement, such as a percentage of population or land area, may be
unworkable and limit a station's COL options. We seek comment on our
tentative conclusions and invite alternative proposals and standards by
which Class A and LPTV/TV translator stations may select a COL.
42. We also seek comment on whether we should require that a
station serve the COL it has selected for a minimum period of time
prior to being permitted to voluntarily change it. We propose to
require Class A and LPTV/TV translator to serve their designated COL
for at least one year before allowing them to change it. This will help
ensure that when a station is licensed, it is not only intending to
provide service to its community, but it in fact does so. Further,
because a public interest benefit of designating a COL is to foster a
connection between the station and the community it serves, we believe
that such a restriction on community of license changes is justified.
While stations in the LPTV Service are not in the Table of TV
Allotments and are not held to our analysis under section 307(b) of the
Act, we find that they still
[[Page 53545]]
must operate in the public interest, convenience, and necessity. As
result, by designating a COL stations are committing to provide service
to that area, in many cases unserved and underserved areas, for at
least a certain period of time. We seek comment on this proposal and
whether there should be any exceptions to the rule. For example, we
tentatively find it would be appropriate to allow stations to modify
their COL prior to the one year if the station is displaced or for
circumstances beyond a station's control, such as natural disaster or
other act of God, that cause the station to no longer be able to cover
its COL. We propose not to consider independent business decisions or
finances, as a basis for changing a COL within the one year period.
What are other exceptions we should consider as a basis for a change in
COL sooner than one year? Should exceptions be enumerated in our rules
or, given the unique facts and circumstances that may be present in
such cases, should we rely exclusively on our existing waiver standard?
43. Finally, we propose that within six months of the effective
date of any new COL rule we adopt in this proceeding, all Class A and
LPTV/TV translators must designate a COL that is rule compliant. We
propose to require all Class A and LPTV/TV translator stations
designate a COL by filing an application for modification of license
and pay the appropriate filing fee. Stations whose current COL meets
the requirement of the new rule, should it be adopted, do not need to
take any action. To help ease the initial transition, we propose to
waive any application filing fee during this six month period for
requests that solely seeking to designate a COL that is rule compliant.
We seek comment on these proposals.
F. Establishing Minimum Operating Hours for LPTV Stations
44. We propose adopting minimum operating hours for LPTV stations
and seek comment on whether LPTV/TV translator stations should be
required to certify with regard to their minimum operating hours on
certain applications. Currently, LPTV stations are not subject to
minimum required hours of operation and are not required to adhere to
any regular schedule of operation. When the service was originally
created, the Commission decided to not adopt such requirements given
the undetermined viability of the service and because LPTV stations are
low power, serve a small service area, have secondary interference
protection status, and are not allotted in the Table of TV Allotments
to serve a particular community or a specified coverage area. As a
result, the Commission, at that time, concluded that ``minimal
regulation of low power television is in the public interest,
notwithstanding the fact that it is a broadcast service.''
45. While there are no set minimum operating hours for LPTV
stations, they are subject to specific rules if they discontinue
operations for certain periods of time and remain silent for extended
periods. Like all broadcast stations, an LPTV station that fails to
operate for more than 10 days must notify the Commission that it is
silent. If a station remains silent for more than 30 days, it must seek
authority to remain silent. Unlike full power stations, failure of an
LPTV station to operate for a period of 30 days or more, except for
causes beyond the control of the licensee, shall be deemed evidence of
discontinuation of operation and the license of the station may be
cancelled at the discretion of the Commission. Finally, as with all
broadcast stations, an LPTV station's license will automatically
expire, as a matter of law, if the station fails to transmit a
broadcast signal for any consecutive twelve- month period,
notwithstanding any provision, term, or condition of the license to the
contrary. Therefore, an LPTV station can operate briefly (for a few
minutes or hours) every 30 days and avoid being deemed as having
permanently discounted operations under Sec. 74.763(c) of our rules,
or do the same once per year and avoid automatic expiration of its
license under section 312(g) of the Act. In either instance, however,
we tentatively find that the extremely minimal nature of those
operations and the inherent lack of benefit to viewers from such
minimal operations undermines the public interest benefit of the
station and results in the underutilization of finite TV band spectrum.
We tentatively find that these practices also threaten to undermine the
value of the LPTV Service generally. We believe that adoption of
minimum operating hours for LPTV stations will ensure that stations
have a clear awareness of their public interest obligations to the
viewers they have been licensed to serve, and prevent warehousing and
underutilization of spectrum. We seek comment on this analysis.
46. We propose that all LPTV stations be required to operate not
less than 14 hours per calendar week. We tentatively conclude that
requiring LPTV stations to operate a minimum of 14 hours per calendar
week will not be a burdensome requirement. We seek comment on this
proposal. While the Commission felt such a requirement was not
necessary when the service was originally created, 40 years later we
tentatively conclude that additional requirements are needed to ensure
that all licensed stations are operating in the public interest by
serving their viewers as intended. Other broadcast services have
minimum operating requirements, including other low power, secondary
services. For example, when the Commission was considering rules for
its new Low Power FM (LPFM) radio service it noted that while it was
``sympathetic with the position of some commenters that the market, not
the Commission, should determine the hours a station operates,'' it
ultimately concluded that adoption of a minimum operating requirement
for LPFM stations would ensure effective utilization of channels.
Despite LPFM being a secondary service, the Commission went on to find
that such a requirement was not excessive and should not impose an
inordinate burden on LPFM licensees. Similarly, we tentatively conclude
that adopting a minimum operating requirement will achieve similar
benefits to ensure the spectrum is being properly utilized without
imposing significant costs or burdens on LPTV licensees. We seek
comment on our tentative findings and conclusions.
47. Commercial full power television stations are required to
operate not less than 2 hours in each day of the week and not less than
a total of 28 hours per calendar week. In addition, Class A stations
are required to operate a minimum of 18 hours per day in order to
maintain their Class A status. Our proposed minimum operating
requirement for LPTV reflects half of the hours that commercial full
power television stations are required to operate and a fraction of
what Class A stations are required to broadcast. Our proposal also does
not subject LPTV stations to a daily operational requirement in order
to allow LPTV stations with non-traditional business hours, such as
schools and religious institutions, more flexibility to operate their
stations and serve their viewers. As a result, we propose to permit
LPTV stations to operate at any time over the course of a seven day
calendar week in order to provide flexibility and tailor their
broadcast schedule to their local community as long as they operate not
less than 14 hours per calendar week. We seek comment on this proposal.
48. We also seek comment on whether alternative minimum operating
hours or requirements would accomplish the same goals of ensuring
stations serve the public interest and prevent limited spectral
resources to lie fallow for all
[[Page 53546]]
but a few hours or days a year. For example, should we instead adopt a
different weekly hourly requirement or instead a daily, monthly, or
quarterly minimum operating requirement? If so, what is the appropriate
amount of time we should require for any interval?
49. Finally, we propose to require that all LPTV/TV translator
licensees certify in any application for minor or major modification of
a licensed facility and its license renewal application whether the
station has complied with its minimum operating requirement over the
course of the current license term, and if not provide an explanation
for its failure and why grant of the pending application is in the
public interest. We believe such a requirement will help ensure, in a
minimally burdensome manner, that stations are complying with their
minimum operating requirements and utilizing their licensed spectrum in
the public interest We seek comment on this proposal. We also seek
comment on what evidence (written or otherwise) should be deemed
sufficient to support a license's operational certification if such
certification is challenged. Should licensees be required to retain
certain documents, such as written program logs to be made available at
the request of the Commission or members of the public? And if so how
long should licensees be required to retain such documentation?
G. Defining Minimum Programming Requirements
50. To ensure that LPTV/TV translator stations are fully utilizing
their spectrum to provide free over-the-air television service for
their viewers, as intended by our rules and the Act, we propose to make
LPTV/TV translator stations subject to the requirement currently in our
part 73 rules that visual transmissions of test patterns, slides, or
still pictures accompanied by unrelated aural transmissions may not be
counted for purposes of complying with any minimum operating
requirement. This part 73 requirement currently applies to both full
power and Class A stations. We tentatively find that extending this
requirement to LPTV/TV translator stations is consistent with the
primary purpose of licensing broadcast television spectrum--the
provision of video programming services to viewers. Adopting a
requirement in our rules will provide clear guidance that LPTV/TV
translator stations must provide video programming service to the
public and utilize the spectrum for that purpose. We propose to apply
this requirement only to programming aired on the station's primary
stream and not apply it to a station's multicast stream. We seek
comment on this proposal.
H. Class A, LPTV and TV Translator Station Designations and Call Signs
1. Changes Between LPTV and TV Translator Station Designations
51. We propose to require that stations in the LPTV Service that
seek to change their designation from LPTV to TV translator and vice
versa, be required to seek Commission authority by way of a license
modification application to make such a change. We further propose that
stations in the LPTV service be allowed to change their station
designation not more than once every 12 months. By proposing these
rules, we aim to provide clarity to viewers and broadcasters concerning
the station's service classification and what Commission rules and
service obligations apply.
52. Currently, if a station in the LPTV Service desires to change
its designation between LPTV and TV translator (or vice versa), it
requests this change by informally writing (by email or letter) Media
Bureau staff, who in turn makes the classification change in the
Commission's database. Stations in the LPTV Service can change their
designation without limit and without any justification. For many years
after the creation of the LPTV Service, the distinction between LPTV
and TV translator stations was minimal and, therefore, no formal change
process or standards were necessary. However, over the years the LPTV
Service has changed and the Commission has adopted a number of
regulations that have expanded the distinction between LPTV and TV
translator stations. For example, beginning in 1994, the Commission
created the Emergency Alert System (EAS), whereby broadcasters are
required to transmit Presidential and other national alerts to the
general public (and may transmit alerts originating at the state and
local levels to the general public on a voluntary basis). EAS
participants are required to submit EAS Test Reporting System (ETRS)
filings in response to nationwide tests of the EAS (sometimes referred
to as National Periodic Tests). LPTV stations are EAS participants and
must submit the required ETRS filings; however, TV translator stations
are not required to file them. In addition, in 2009, the Commission
mandated that LPTV stations be subject to its rules requiring the
filing of ownership reports. Because they do not originate programming,
TV translator stations are not required to submit ownership reports.
53. To enable the Commission and public to better track station
classification changes and to provide rule compliance clarity for
stations in the LPTV Service, we propose to formalize the redesignation
process by requiring that LPTV Service designation changes be made
through an application for license modification and that applicants be
required to pay the requisite application filing fee. We also propose
to limit LPTV Service designation changes to not more than once every
12 months. We tentatively conclude such a limit would help ensure that
stations are not attempting to switch classification from an LPTV to a
TV translator in order to avoid regulatory burdens (i.e., ETRS filings
or ownership reports) and then quickly switching back to obtain the
benefits of being classified as an LPTV station (i.e., greater program
origination ability). Are there any circumstances that stations should
be permitted to change their designation more than once every 12 months
and what type of showing should be required? We seek comment on these
proposals.
54. Furthermore, we propose to amend our rules to require that all
stations with the LPTV designation, regardless of how the station is
operated, must comply with our EAS rules. We also propose to clarify
that a station formally designated in the Commission's database as a TV
translator is not required to comply with our Part 11 requirements,
such as installing EAS equipment or meeting related obligations like
filing in ETRS, if it entirely rebroadcasts the programming--including
all EAS--of a Primary Station. The EAS rules currently provide that
``LPTV stations that operate as television broadcast translator
stations, as defined in Sec. 74.701(b) of this chapter, are not
required to comply with the requirements of this part.'' In light of
our proposal to formalize the designation process and given the
distinctions between LPTV and TV translator stations that have
developed over the years, we believe it is appropriate to require any
station that has chosen to be designated as an ``LPTV'' to comply with
our existing EAS rules for LPTV stations. We believe that this change
will also help ensure that all LPTV stations, when constructed, install
the necessary EAS equipment as required and further the public interest
by ensuring alerts are properly disseminated. Further, this change
should not create any additional burdens given that under our proposed
rule change any LPTV station that
[[Page 53547]]
entirely rebroadcasts the programming of a Primary Station may change
its designation from LPTV to TV translator status to remain exempt from
our EAS rules as they may be today. We seek comment on whether there is
any practical reason to maintain the existing exception to the EAS rule
for LPTV stations that operate as translator stations.
2. Call Sign Assignments
55. TV Translator Stations. We propose to clarify in our rules that
all TV translator stations must have an alphanumeric call sign
comprised of a prefix consisting of the initial letter ``K'' or ``W
``(based on the station's geographic location in relation to the
Mississippi River), followed by the channel number assigned to the
station and two additional letters, and a suffix consisting of the
letter ``-D.'' Further, we propose that a station that converts from
LPTV to TV translator status would have its four-letter LPTV call sign
automatically modified by the Commission to an alphanumeric one that is
consistent with our TV translator call sign rule. We tentatively
conclude that this proposal is consistent with our existing rule which
requires that TV translator stations maintain a uniform call sign
methodology and will help viewers distinguish between TV translator
stations and other classes of the TV service. We propose to
automatically modify any call signs that do not comply with the
proposed rule 30 days after the effective date of any Report and Order
adopted in this proceeding. The 30-day period will allow licensees to
inform their viewers of the impending call sign change. Given that TV
translator stations are, with limited exception, restricted to
rebroadcasting other station's programing we tentatively find TV
translators do not have their own unique identity and
``grandfathering'' existing call signs has no cognizable public
interest benefit. We seek comment on this proposal and our tentative
findings and conclusion.
56. Class A and LPTV Stations. Further, we propose to require that
all Class A and LPTV stations must have a four-letter call sign, with
the suffix ``-LD'' for LPTV stations and ``-CD'' for Class A stations.
Our current rule is permissive and states that ``[l]ow power television
and Class A television stations may be assigned a four-letter prefix.''
It also permits LPTV stations to be assigned alphanumeric call signs
just like TV translators. We tentatively conclude that in light of the
regulatory and service distinctions between TV translator, LPTV, and
Class A stations that it is appropriate to require that each service
conform to its own call sign prefix and suffix. As an initial matter,
we propose that any station that modifies its status from a TV
translator to LPTV after the effective date of our proposed rule must
submit a request for a new four-letter call sign prefix with the ``-
LD'' suffix in the Commission's call sign reservation system and pay
the applicable fee. Further, we propose that the Commission will modify
a Class A station's call sign that reverts from Class A status to LPTV
to reflect its LPTV status by automatically changing its call sign
suffix from ``-CD'' to ``-LD.'' The station will retain its current
four-letter call sign prefix unless it conflicts with that of an
existing LPTV station. In such a circumstance, the former Class A
station will be required to modify its four-letter call sign prefix in
the Commission's call sign reservation system. We also propose to
provide all Class A and LPTV stations a period of 90 days from the
effective date of our proposed rule to designate a four-letter call
sign with the correct suffix. During this 90-day period, we propose to
waive the fee associated with an initial call sign request by a station
to modify its call sign in order to come into compliance with the
proposed rule. We seek comment on this proposal.
57. Alternatively, we seek comment on whether the Commission should
``grandfather'' existing LPTV and Class A call signs that are not in
compliance with our proposed new rule. As stations that originate
programming, some LPTV and Class A stations may have developed an
identity with viewers that involves their call sign. What are the
specific public interest benefits we should consider when determining
if existing Class A or LPTV stations should be permitted to retain
their existing ``non-compliant'' call signs? Should stations be
permitted to keep both their existing prefix and suffix? Should
grandfathered call signs be transferrable and assignable? If we
grandfather existing LPTV and Class A call signs, we tentatively
conclude that only call signs of licensed stations on the release date
of any Report and Order adopted in this proceeding will be eligible to
be grandfathered. Further, we propose that any station with a
grandfathered call sign will be required to bring its call sign into
compliance with our proposed rule in the event it subsequently changes
its classification (i.e., LPTV to TV translator or vice versa). We seek
comment on these proposals and tentative conclusions.
I. Channel 14 Emission Masks
58. In an effort to further reduce the potential for interference
to LMR facilities in the 460-470 MHz band from Class A and LPTV/TV
translator facilities operating on channel 14, we propose that new and
modified channel 14 Class A and LPTV/TV translator stations (Channel 14
LPTV Stations) must use a ``full service'' or ``stringent'' emission
mask--a ``simple'' emission mask would be prohibited. We propose that a
currently licensed Channel 14 LPTV Station would not be required to
make a change to its existing licensed facility, and would only be
required to implement filtering with a superior emission mask when
proposing modifications to its facility that would change the station's
current service contour or to address interference caused to an LMR
facility.
59. Interference to LMR facilities from adjacent channel 14
television facilities (full power and low power) has long been a
concern of the Commission, including most recently when Class A and
LPTV/TV translator television stations converted to digital operations.
The Commission's rules currently require that all Class A and LPTV/TV
translators stations seeking new or modified facilities specify in
their application for construction permit that the station will be
constructed to confine out-of-channel emissions using one of the
following emission masks: simple, stringent, or full-service. As the
Commission pointed out in its Land Mobile Interference Order, instances
of interference to LMR facilities from channel 14 television facilities
``have been readily resolved by the installation of appropriate
filters.'' So-called ``mask filters'' decrease out-of-band emissions to
operations on adjacent channels, and in 2011, the Commission amended
its rules to permit Class A and LPTV/translator stations to specify the
use of masks previously implemented by full power television stations
to prevent interference (``full-service masks''). Because of the
potential for interference to LMR facilities, construction permits for
Channel 14 LPTV Stations also contain a condition requiring permittees,
to take measures during equipment tests to identify and substantially
eliminate interference which may be caused to existing LMR facilities
in the 460 to 470 MHz band. Further, Channel 14 LPTV Stations must
provide documentation before operation that interference will not be
caused to existing LMR facilities. A similar requirement applies to
full power television stations and restrictions on a
[[Page 53548]]
channel 14 station's ability to commence program test authority.
60. Although the three standard mask filters found in our rules do
not always resolve LMR interference issues, we believe they remain the
most effective means to prevent out-of-band emissions and interference
to LMR facilities on 460-470 MHz. Because the stringent and full-
service masks are more restrictive than the simple mask and better
decrease out-of-band emissions, their use for channel 14 stations would
be expected to minimize potential interference to land mobile
operations. Therefore, we propose to require all new or modified
Channel 14 LPTV Stations to include the use of either stringent or
full-service mask filtering unless the station is decreasing power or
making a modification to its facilities that does not change its
service contour. Based on our prior review, the cost difference between
simple, stringent, and full-service mask filters is not substantial and
because the filters are generally of similar physical size they should
have similar installation costs. Specifically, we estimated in 2018
that the cost of any given mask filter would be similar, with any cost
difference being more heavily dependent on the power of the proposed
facilities than on the specific type of emission mask. Therefore, we
tentatively conclude that any increased cost of requiring Channel 14
LPTV stations to include stringent or full-service mask filters would
not be unduly burdensome. Further, we tentatively conclude that the
burden caused by any potential slight increase in cost to Channel 14
LPTV Stations would be outweighed by the benefits of reducing
complaints from LMR stations, better protecting LMR stations from
interference, and preventing wasted investments by Channel 14 LPTV
Stations that, for example, install one type of mask filter and then
determine that stricter mask filter is needed. We seek comment on this
proposal and the burdens and benefits, including our cost assumptions,
of requiring stringent or full-service mask filtering by Channel 14
LPTV Stations.
J. Prohibition on Operations Above Channel 36
61. We propose to prohibit any LPTV/TV translator stations from
operating above channel 36 (out-of-core channels). As part of the
Incentive Auction and repacking process, the Commission reallocated TV
spectrum above channel 37 (614-698 MHz, the so-called ``600 MHz Band'')
for use by wireless broadband providers and provided LPTV/TV translator
stations that were displaced with an opportunity to file a displacement
application to move their facilities to a new in-core channel. Further,
the Commission prohibited new operations on out-of-core channels (i.e.,
above channel 36). However, in order to provide flexibility for out-of-
core stations to construct in-core channel displacement facilities, the
Commission allowed out-of-core LPTV/TV translator stations to continue
operating on their pre-auction channels until they were notified of
likely interference by a new 600 MHz Band licensee.
62. The Incentive Auction closed in 2017 and according to the
Commission's records there are currently no LPTV/TV translator stations
operating on out-of-core channel. Because all out-of-core stations
appear to have received notice from a 600 MHz licensee, they are no
longer able to operate on their licensed channels and are currently
silent. Accordingly, we find that the flexibility previously afforded
out-of-core stations is no longer necessary and we propose to amend our
rules to prohibit television operation on all out-of-core channels. We
propose that this prohibition would be effective upon publication in
the Federal Register of a Report and Order adopting this proposed rule.
Any license authorizing operation above channel 36 will be
automatically canceled, without affirmative action by the Commission
upon the effective date of our proposed rule. We seek comment on these
proposals and tentative findings.
K. Additional Class A, LPTV, and TV Translator Rule Clarifications
63. To further clarify certain Class A and LPTV/TV translator
technical rules and policies, we propose changes to our rules as
further described below. We propose these changes to promote clarity
and ensure that all applicants are treated equally.
1. DTS Emission Masks
64. We propose to require that all transmitters in a Class A or
LPTV/TV translator station DTS facility must utilize the same emission
mask and we tentatively conclude that all three emission masks found in
our rules are permissible. A DTS network employs two or more
transmission sites located within a station's service area, each using
the same RF channel and synchronized to manage self-interference. To
prevent interference to other facilities, all stations must specify an
emission mask to be implemented with their DTS facilities. However,
unlike full power television stations that may only use ``full
service'' emission masks at each DTS site, the DTS rules adopted for
Class A and LPTV/TV translator stations rules do not address whether a
different type of emission mask could be employed or whether the same
emission mask must be used at each DTS site. We tentatively conclude
that allowing Class A and LPTV/TV translator stations to specify
different emission masks at each site prevents determination of the
proper interference threshold. In order to ensure accurate interference
calculations and reduce the potential for interference from Class A and
LPTV/TV translator DTS facilities, we tentatively conclude that we
should amend our rules to require that all Class A and LPTV DTS sites
must utilize the same emission mask. We also tentatively conclude that
we should clarify our rules to require that Class A and LPTV/TV
translator DTS stations may use any of the emission masks permitted by
our rules, so long as the same emission mask is used at all of their
DTS transmitter sites. We seek comment on these proposals.
2. Interference Allowance
65. We next propose to amend our rules to apply the same
requirements to LPTV/TV translator stations as full-power and Class A
TV stations when entering into an interference agreement. We also
propose to allow stations operating pursuant to interference agreements
or that are unilaterally accepting interference from another station,
to maintain those agreed upon interference amounts when modifying a
facility so long as applications involving stations with agreements
remain compliant with those agreements. Currently, Class A and LPTV/TV
translator stations are permitted to enter into interference agreements
that supersede compliance with our interference protection standards,
or to unilaterally accept incoming interference in excess of our 2%
interference threshold. However, as our part 74 rules are currently
written, when a Class A or LPTV/TV translator station agrees to accept
interference above the 2% threshold (accepting station) from another
Class A or LPTV/TV translator station (interfering station) and the
interfering station subsequently modifies its facilities, the
interfering station must reduce the level of interference to the
accepting station to less than 2%. We tentatively conclude that this
result is not justified when stations have either mutually agreed to,
or a station has unilaterally agreed to accept, a certain level of
interference.
66. We tentatively conclude that LPTV/TV translator stations
seeking to enter into an agreement to resolve interference concerns
should be subject
[[Page 53549]]
to the same rules as Class A and full power stations. This includes
entering into a signed written agreement that is submitted with the
application and making clear that agreements may include the exchange
of money or other consideration between entities. We believe codifying
these parameters in our rules for LPTV/TV translators is appropriate to
provide clarity to licensees and transparency to all. We seek comment
on our tentative conclusion.
67. We propose that a Class A and LPTV/TV translator station that
has unilaterally agreed to accept interference from another station
above the 2% interference threshold in our rules, will have the higher
interference percentage taken into account when an application to
modify a facility is considered. We also propose that stations subject
to written interference agreements may also have the higher
interference percentage taken into account, so long as doing so is
consistent with the agreement. We propose that a station seeking to
modify its facility would be required to demonstrate that no additional
interference beyond what was previously caused or accepted will occur
as a result of the proposed modification. We tentatively find that this
revision will help maintain the status quo and preserve existing
service based on agreed upon or unilaterally accepted interference
levels. We seek comment on this proposal and our tentative conclusions.
3. Maximum Grid Resolution
68. We propose to codify that a one square kilometer grid
resolution should be the maximum permitted in evaluating the
interference to Class A and LPTV/TV translator facilities. In the LPTV
DTV First R&O, the Commission concluded that setting a one square
kilometer maximum grid resolution was appropriate given that Class A
and LPTV/TV translator facilities had smaller service areas and
therefore required a finer grid resolution analysis. While the
Commission announced this policy in the LPTV DTV First R&O, it was not
codified. We note that many Class A and LPTV/TV translator applicants
have been required to amend their showings after instead using a grid
resolution of two square kilometers in their interference studies. For
additional clarity, we propose to retain the one square kilometer
maximum grid resolution adopted by the Commission in the LPTV DTV First
R&O, and codify the requirement in our rules. We continue to believe
that one square kilometer is the appropriate maximum grid resolution
given Class A and LPTV/TV translators facilities' smaller service
areas. We seek comment on this proposal and, if commenters believe that
a different maximum grid resolution should be utilized, they should
explain why it will provide a better basis for evaluating interference
involving LPTV/TV translator stations.
4. Displacement Rule Revisions
69. Displacement Public Notice Period. We propose updates to our
displacement rule in order to minimize service disruptions. The
displacement rule states that displacement applications: ``will be
placed on public notice for a period of not less than 30 days to permit
the filing of petitions to deny.'' This comment period was implemented
because displacements require channel changes, which create a greater
concern for interference. Yet, displacements are considered
applications for minor change, and minor change applications are not
subject to the 30-day period for interested parties to file a petition
to deny. In practice, requiring a displaced LPTV/TV translator station
to wait a full 30 days to receive action on its displacement
application may result in loss of service to viewers or continued loss
of service to viewers by delaying Commission action and thereby a
station's ability to construct and commence operating from its
displacement facility. To minimize service disruptions to the public,
and expedite processing and construction, we propose eliminating the 30
day public notice period for displacement applications found in Sec.
74.787(a)(4) of our rules. While stations could seek special temporary
authority in order to resume operation during the pendency of their
displacement application, we aim to streamline this process in order to
prevent as much disruption in service to the public as possible and
provide certainty to stations to plan and make the necessary
investments in their new facilities. We do not anticipate that this
change will negatively impact the Commission's evaluation of objections
to an application. Affected parties that want to oppose grant of a
displacement application may still file an objection prior to
Commission action and seek reconsideration up to 30 days after the
grant. In addition, affected parties may report interference concerns
raised by the displacement application at any time. We seek comment on
these assumptions and the elimination of the 30-day public notice
comment period for displacement applications.
70. Displacements Caused by Full Power Channel Substitutions. We
propose to define when an LPTV/TV translator station displaced by a
full power station's channel substitution may apply for displacement. A
full power television station seeking to change its operating channel
must first submit a petition for rulemaking requesting that the Media
Bureau change the Table of TV Allotments to reflect the new channel. If
approved, the Media Bureau issues a Report and Order making the channel
substitution and amending the Table of TV Allotments. It also orders
the station to file an application for minor change in order to modify
its facilities to the new channel. The Report and Order also includes a
date upon which the channel change is effective, typically upon the
date of publication of the Report and Order in the Federal Register.
71. An LPTV/TV translator station that is displaced by a full power
station's channel substitution must file a displacement application to
move its channel. At the same time, the Commission's rules prohibit
``contingent applications,'' meaning that we will not entertain
applications that rely upon action on another pending application.
Therefore, despite attempts by some LPTV/TV translator stations to file
a displacement application prior to approval of the request to amend
the Table of TV Allotments to reflect the channel substitution,
Commission staff has declined to consider displacement applications
that are based on a full power television station channel substitution
until after the Report and Order granting the channel substitution and
amending the Table of TV Allotments is effective. To provide clarity,
we propose to amend our rules to specify that such displacement
applications cannot be filed until the Report and Order granting the
channel substitution and amending the Table of TV Allotments is
effective. This will ensure that the station is in fact qualified for
displacement and prevent stations from prematurely reserving spectrum
on a contingent basis. We do not anticipate that this will unduly delay
construction of the displacement facility or result in service
interruptions as a station granted a channel substitution needs time to
construct their new facility, thus providing a displaced station ample
time to construct its own facility. Under our proposal, displacement
applications that are filed before the Report and Order granting the
channel substitution and amending the Table of TV Allotments is
effective will be dismissed without prejudice. We seek comment on this
proposal.
[[Page 53550]]
72. Displacement Eligibility. We propose to enumerate in the
displacement rule the precise circumstances that qualify LPTV/TV
translator stations to seek a displacement channel. We also propose to
permit displacement based on interference caused to a TV translator's
input channel. Our current displacement rule states in part, that an
LPTV/TV translator station ``which is causing or receiving interference
or is predicted to cause or receive interference to or from an
authorized TV broadcast station or allotment or other protected station
or service, may at any time file a displacement relief application for
change in channel . . . .'' We believe enumerating the circumstances
where displacement applies will make it easier for licensees to
determine if their station has in fact been displaced. Further, we
propose revising the displacement rule to make clear that applicants
must include an exhibit describing the specific cause of displacement
in order to allow the Commission to more efficiently review
displacement applications.
73. First, we propose to clarify what is meant by ``causing or
receiving interference.'' Under our proposal, this basis for
displacement refers to actual interference received by a TV broadcast
station (i.e., a full power television station) from an LPTV or TV
translator station. While LPTV/TV translator stations are permitted to
cause up to .5% predicted interference to a full power station, as a
primary service full power stations are protected from actual
interference within their noise limited service contour, even if the
predicted interference is within the .5% threshold. In order for an
LPTV/TV translator station to qualify for displacement relief based on
actual interference caused to a TV broadcast station, we propose that
there must be at least (1) a single report of actual interference
received by a TV broadcast station within its community of license, or
(2) multiple reports of actual interference to a TV broadcast station
within its protected contour. We seek comment on how many reports of
actual interference should be required in each instance and what
information should be provided to validate such claims. For example,
the Commission has established a set of criteria that includes a
requirement for a minimum number of listener complaints that must be
provided to demonstrate actual interference caused by FM translators,
ranging from at least 6 to a cap of 25 depending on the population
served. To provide certainty and clarity should a similar standard be
adopted here? If so, what would be the appropriate threshold of viewer
complaints? Should population within an impacted station's protected
contour inform the number of complaints required? Is it appropriate for
the threshold to be different if the interference is occurring within a
TV broadcast station's community of license as opposed to elsewhere
within its protected contour? What documentation should stations that
claim they are displaced as a result of actual interference be required
to file with their displacement application?
74. Second, we propose to revise the displacement rule to clarify
the levels of ``predicted'' interference that would qualify a station
for a displacement channel. Under our revised rule, we propose that
with respect to predicted interference ``caused'' to a TV broadcast
station, the predicted interference would have to exceed the 0.5% de
minimis interference threshold specified in Sec. 74.793(e) of our
rules to qualify the station to file a displacement application. With
respect to predicted interference ``received'' from a TV broadcast
station, we propose that the predicted interference would have to
exceed the 2% interference threshold specified in Sec. 74.793(h) of
our rules to qualify the station to file a displacement application. We
do not anticipate that this clarification of what is meant by
``predicted'' interference will materially alter the scope and
application of the existing displacement rule. We seek comment on this
assumption. This proposal is not intended to expand or restrict
displacement eligibility for predicted interference beyond the scope of
the current rule. It is also not intended to modify our current
interference thresholds (i.e., 0.5% or 2%). Instead, this proposal is
intended to clarify what is meant by the word ``predicted'' in the
context of our current interference thresholds. We seek comment on this
proposal.
75. Third, we propose to revise the displacement rule to make clear
what ``other protected station or service'' means by adding two
specific situations beyond interference to/from an authorized TV
broadcast station that would qualify an LPTV/TV translator station to
seek a displacement channel: (1) interference to LMR facilities; (2)
interference to/from protected television facilities in Canada and
Mexico. We tentatively find that it would be helpful to memorialize in
our rules that such circumstances involving ``protected'' services
would qualify an LPTV/TV translator station for displacement.
76. Finally, we propose to add interference caused to a TV
translator input channel as a basis for displacement. TV translators
serve areas that would otherwise be unable to receive television
service and are often found in rural and mountainous areas. Translator
input channels provide TV translators a means to receive the
programming that they are translating and would otherwise likely not be
available over-the-air to the viewers they serve. While translator
inputs are not ``protected services,'' we tentatively conclude it is in
the public interest to protect these channels from interference given
their often critical role in enabling TV translators to serve their
viewers.
77. Enumerating these circumstances within the displacement rule
will make it clearer for licensees to know when displacement relief is
warranted. We seek comment on these proposals and whether there are
other situations involving interference being caused or received by
LPTV/TV translator stations to ``other protected services,'' or that
otherwise would serve the public interest, that we should consider
permitting as a basis for displacement.
5. Program Test Authority Rule for LPTV/TV Translators
78. We propose to make the Commission's part 73 ``program test
authority'' (PTA) rule applicable to LPTV/TV translator stations.
Currently, full power and Class A stations, with certain exceptions,
may begin operating under PTA after completion of a facility provided
that an application for license to cover is filed within ten days of
commencing operations. A similar rule does not exist in the part 74
rules for LPTV/TV translator stations. The purpose of this change is to
make clear that LPTV/TV translator stations, with limited exception,
have the same flexibility to begin operating automatically pursuant to
program authority, while also making clear that they are required to
submit an application for license after completing construction and
within ten days of commencing PTA. We seek comment on this proposed
revision.
L. Part 73 and 74 Ministerial Rule Corrections
79. We propose a few minor editorial changes to our rules as a
result of inadvertent oversights in in the 2022 Part 74 Order and 2023
Part 73 Order. We also propose to reorganize Sec. 74.780 to better
reflect which part 73 rules are applicable to both LPTV and TV
translator stations and which are applicable only to LPTV stations. We
seek comment on these proposed minor revisions.
80. Part 74 Rule Corrections. In the Commission's 2022 Part 74
Order, the
[[Page 53551]]
Commission updated its part 74 rules for LPTV/TV translator stations to
reflect the current operating environment, including the termination of
analog operations. However, the 2022 Part 74 Order inadvertently left
in place a duplicate definition of low power TV station that exists in
both Sec. 74.701(f) and (k) and a duplicate definition of television
broadcast translator station that exists in both Sec. 74.701(a) and
(j). We propose to remove the respective duplicate definitions in Sec.
74.701 and re-lettering the remaining paragraphs as (a) through (g).
Additionally, the Commission concluded that because LPTV/TV translators
have completed their transition from analog to digital operations,
there is no need to differentiate between digital and analog in the
rules. Accordingly, for the aforementioned reasons, we propose to
remove the remaining instances of the word ``digital'' from Sec.
74.720, a rule which was added in a rulemaking that had not yet taken
effect at the time the 2022 Part 74 Order was adopted. Finally, we
propose to eliminate the words ``analog'' and ``digital'' as they
relate to LPTV operation from Sec. Sec. 11.11(a) and (b), 11.51(e),
and 11.61 in accordance with actions taken in the 2022 Part 74 Order
removing such references.
81. Reorganization of Section 74.780. Throughout this item, we
propose to add requirements applicable to LPTV stations. Section 74.780
contains a list of broadcast regulations applicable to both TV
translators and LPTV stations. In order to make those requirements
easier to locate, we propose to reorganize the requirements into
paragraphs of the rule and group them based on the service(s) each
paragraph is applicable to, separating those rules that are applicable
to TV translators and LPTVs from those rules that are applicable to
LPTV stations only. In addition, we propose to remove the cross-
reference to Sec. 73.1692 found in the current Sec. 74.780 since that
section was previously removed from the rules. We seek comment on these
proposals.
82. Part 73 Rule Corrections. In the Commission's 2023 Part 73
Report and Order, the Commission reorganized and streamlined its rules
in recognition of the completion of the digital television transition
and subsequent Incentive Auction and repack. However, a cross-reference
to Sec. 73.685 in Sec. 73.7003 was inadvertently overlooked and not
updated to reflect the new location of the rule, which is Sec. 73.618.
We propose to update this cross-reference to point to the new location
of the cross-referenced rule. We also propose to correct two other
oversights in Sec. 73.7003. The reference in paragraph (b)(4) to the
``Grade B'' contour should be replaced with a reference to the ``NLSC''
because Grade B refers to analog service, which no longer exists and
NLSC is the correct contour. Also an internal cross-reference in
paragraph (c)(5)(ii) incorrectly refers to a non-existent paragraph and
should instead reference paragraph (c)(5)(i) and we propose that
correction. We also propose to replace a reference to ``DTV'' in Sec.
73.619(b)(1) with ``TV'' consistent with other similar replacements in
the 2023 Part 73 Report and Order. The Commission also updated the part
73 rules to provide accurate information about current Commission forms
and filing procedures, but did not update the reference to Forms 301
and 340 in Sec. 73.625(c)(4)(i) or Form 302-CA in Sec. 73.6002(a)(2).
We propose to update these references to indicate the correct forms--
Form 2100 Schedule 301-AM and Form 2100 Schedule F, respectively.
Finally, after Federal Register publication, a few minor typographical
mistakes were found in the updated part 73 rules, as adopted. In Sec.
73.2080(f)(3), there are four instances of a struck ``s'' at the end of
the word ``Form'' which was inadvertent and should be removed, and in
Sec. 73.4060(a), the citation has a struck ``4'' in it which should be
removed. We seek comment on these proposals.
M. Cost/Benefit Analysis
83. We seek comment on the benefits and costs associated with
adopting the proposals set forth in this NPRM. We seek comment on any
benefits to the public and to industry through adoption of our
proposals. We also seek comment on any potential costs that would be
imposed on licensees, regulatees, and the public if we adopt the
proposals contained in this NPRM. Comments should be accompanied by
specific data and analysis supporting claimed costs and benefits.
N. Digital Equity and Inclusion
84. The Commission, as part of its continuing effort to advance
digital equity for all, including people of color, persons with
disabilities, persons who live in rural or Tribal areas, and others who
are or have been historically underserved, marginalized, or adversely
affected by persistent poverty or inequality, invites comment on any
equity-related considerations and benefits (if any) that may be
associated with the proposals and issues discussed herein.
Specifically, we seek comment on how our proposals may promote or
inhibit advances in diversity, equity, inclusion, and accessibility, as
well the scope of the Commission's relevant legal authority.
III. Procedural Matters
85. Ex Parte Rules--Permit-But-Disclose. The proceeding this NPRM
initiates shall be treated as a ``permit-but-disclose'' proceeding in
accordance with the Commission's ex parte rules. Persons making ex
parte presentations must file a copy of any written presentation or a
memorandum summarizing any oral presentation within two business days
after the presentation (unless a different deadline applicable to the
Sunshine period applies). Persons making oral ex parte presentations
are reminded that memoranda summarizing the presentation must (1) list
all persons attending or otherwise participating in the meeting at
which the ex parte presentation was made, and (2) summarize all data
presented and arguments made during the presentation. If the
presentation consisted in whole or in part of the presentation of data
or arguments already reflected in the presenter's written comments,
memoranda, or other filings in the proceeding, the presenter may
provide citations to such data or arguments in his or her prior
comments, memoranda, or other filings (specifying the relevant page
and/or paragraph numbers where such data or arguments can be found) in
lieu of summarizing them in the memorandum. Documents shown or given to
Commission staff during ex parte meetings are deemed to be written ex
parte presentations and must be filed consistent with rule 1.1206(b).
In proceedings governed by rule 1.49(f) or for which the Commission has
made available a method of electronic filing, written ex parte
presentations and memoranda summarizing oral ex parte presentations,
and all attachments thereto, must be filed through the electronic
comment filing system available for that proceeding, and must be filed
in their native format (e.g., .doc, .xml, .ppt, searchable .pdf).
Participants in this proceeding should familiarize themselves with the
Commission's ex parte rules.
86. Regulatory Flexibility Act. The Regulatory Flexibility Act of
1980, as amended (RFA), requires that an agency prepare a regulatory
flexibility analysis for notice and comment rulemakings, unless the
agency certifies that ``the rule will not, if promulgated, have a
significant economic impact on a substantial number of small
entities.'' Accordingly, we have prepared an Initial Regulatory
Flexibility Analysis (IRFA) concerning the possible/
[[Page 53552]]
potential impact of the rule and policy changes contained in this NPRM.
The IRFA is set forth in Appendix B. The Commission invites the general
public, in particular small businesses, to comment on the IRFA.
Comments must be filed by the deadlines for comments on the NPRM
indicated on the first page of this document and must have a separate
and distinct heading designating them as responses to the IRFA.
87. OPEN Government Data Act. The OPEN Government Data Act,
requires agencies to make ``public data assets'' available under an
open license and as ``open Government data assets,'' i.e., in machine-
readable, open format, unencumbered by use restrictions other than
intellectual property rights, and based on an open standard that is
maintained by a standards organization. This requirement is to be
implemented ``in accordance with guidance by the Director'' of the OMB.
88. We tentatively conclude that requiring certain LPTV licensees
to maintain an OPIF would not create ``data assets'' as defined in 44
U.S.C. 3502(17). A ``data asset'' is ``a collection of data elements or
data sets that may be grouped together,'' and ``data'' as ``recorded
information, regardless of form or the media on which the data is
recorded.'' The documents required to be maintained in an OPIF reflect
unstructured information that is generally not systematically arranged
in a table or database, and as such cannot readily be meaningfully
grouped together. We tentatively conclude, therefore, that, in the
absence of a standardized collection form, our requirement to maintain
an OPIF is not subject to the requirements of the OPEN Government Data
Act. We seek comment on this tentative conclusion.
IV. Initial Regulatory Flexibility Analysis
89. As required by the Regulatory Flexibility Act of 1980, as
amended (RFA), the Federal Communications Commission (Commission) has
prepared this Initial Regulatory Flexibility Analysis (IRFA) concerning
the possible significant economic impact on small entities by the
policies and rules proposed in the Notice of Proposed Rulemaking
(NPRM). Written public comments are requested on this IRFA. Comments
must be identified as responses to the IRFA and must be filed by the
deadlines for comments in the NPRM. The Commission will send a copy of
the NPRM, including this IRFA, to the Chief Counsel for Advocacy of the
Small Business Administration (SBA). In addition, the NPRM and IRFA (or
summaries thereof) will be published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
90. In the NPRM, the Commission seeks comment on a number of
proposals concerning changes to its rules and policies for the Low
Power Television Service (LPTV Service). The LPTV Service includes low
power television (LPTV), television translator (TV translator) and
Class A television stations. The Commission believes now is an
appropriate time to evaluate changes to its rules and policies in order
to ensure that stations in the LPTV Service continue to flourish and
serve the public interest of providing local television service to
unserved or underserved viewers.
91. The Commission seeks comment on whether it should update its
recordkeeping requirements to require LPTV stations affiliated with a
top-four national television network (ABC, CBS, NBC, or Fox) to comply
with the same online public inspection file (OPIF) requirements that
apply to full power and Class A television stations. The Commission
seeks comment on whether to include other LPTV network affiliates in
the requirement to maintain an OPIF or, rather than tying any OPIF
requirement for LPTV stations to network affiliation, or whether we
should instead apply the OPIF requirement to the top-four LPTV stations
in each market based on the Nielsen ratings. The Commission propose to
update certain broadcasting rules that are applicable to all LPTV
stations to identify more clearly where records can be accessed.
92. The NPRM also proposes changes to the Commission's rules and
policies to help stations in the LPTV Service to be better prepared for
future operations and enhance the LPTV Service overall. Many of the
proposals would also affect Class A television (Class A) stations,
therefore, comment is also sought from these stations. To resolve
certain rule uncertainties and ensure that Class A and LPTV/TV
translator stations are operating to their fullest potential and that
licensees are not warehousing spectrum, the Commission proposes and
seeks comment on a number of proposals including whether to:
<bullet> Require certain LPTV stations to maintain an online public
inspection file.
<bullet> Adopt procedures for certain LPTV stations to establish an
online public inspection file.
<bullet> Specify in our rules that public inspection and political
broadcasting requirements are applicable to all LPTV stations.
<bullet> Make other changes to Sec. 73.3526 of our rules to
correct cross references and other inaccuracies relating to stations in
the LPTV Service and commercial radio and TV stations and establish new
reporting requirements for Class A and LPTV stations.
<bullet> Amend the method for calculating the maximum distance that
a displaced or channel sharing station may move under the LPTV/TV
translator displacement rule.
<bullet> Revise the LPTV/TV translator minor change rule to clarify
the maximum distance that Class A and LPTV/TV translator stations may
move.
<bullet> Require that Class A and LPTV/TV translator stations
specify a community of license (COL) within their station's contour.
<bullet> Adopt minimum operating and defined minimum video program
requirements for LPTV stations.
<bullet> Require that LPTV/TV translator stations seek authority to
change designation between LPTV and TV translator status and require
Class A and LPTV/TV translator stations to maintain a call sign
consistent with their class of service.
<bullet> Require use of a ``stringent'' or ``full-service''
emission mask for channel 14 Class A and LPTV/TV translator stations to
prevent interference to Land Mobile Radio (LMR) stations.
<bullet> Prohibit LPTV/TV translator station operations above TV
channel 36.
<bullet> Remove the 30 day public notice comment period for
displacement applications and clarify when an LPTV/TV translator
station displaced by a full power station's channel substitution may
apply for displacement.
<bullet> Clarify the existing displacement rule and interference
thresholds for actual and predicted interference, and amend the
definition of displacement to include displacement by LMR stations; by
protected television facilities in Canada and Mexico; and due to
interference to TV translator input channels.
<bullet> Codify other rule clarifications consistent with
precedent, including the use of emission masks at Distributed
Transmission System (DTS) transmitter sites; the maximum grid
resolution permitted with interference analyses; and application of the
part 73 ``program test authority'' rule to LPTV/TV translator stations.
<bullet> Remove duplicate definitions and re-letter the definitions
remaining in the part 74 rules, and make other editorial, non-
substantive corrections to the part 11, 73, and 74 rules.
[[Page 53553]]
B. Legal Basis
93. The proposed action is authorized pursuant to sections 1, 2,
4(i), 4(j), 303, 307, 309, 311, 312, and 315 of the Communications Act
of 1934, as amended, 47 U.S.C. 151, 152, 154(i), 154(j), 303, 307, 309,
311, 312, 315.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
94. The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A small business concern is one which: (1) is independently owned
and operated; (2) is not dominant in its field of operation; and (3)
satisfies any additional criteria established by the SBA. Below, we
provide a description of such small entities, as well as an estimate of
the number of such small entities, where feasible.
95. Small Businesses, Small Organizations, Small Governmental
Jurisdictions. Our actions, over time, may affect small entities that
are not easily categorized at present. We therefore describe, at the
outset, three broad groups of small entities that could be directly
affected herein. First, while there are industry specific size
standards for small businesses that are used in the regulatory
flexibility analysis, according to data from the Small Business
Administration's (SBA) Office of Advocacy, in general a small business
is an independent business having fewer than 500 employees. These types
of small businesses represent 99.9% of all businesses in the United
States, which translates to 33.2 million businesses.
96. Next, the type of small entity described as a ``small
organization'' is generally ``any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.''
The Internal Revenue Service (IRS) uses a revenue benchmark of $50,000
or less to delineate its annual electronic filing requirements for
small exempt organizations. Nationwide, for tax year 2022, there were
approximately 530,109 small exempt organizations in the U.S. reporting
revenues of $50,000 or less according to the registration and tax data
for exempt organizations available from the IRS.
97. Finally, the small entity described as a ``small governmental
jurisdiction'' is defined generally as ``governments of cities,
counties, towns, townships, villages, school districts, or special
districts, with a population of less than fifty thousand.'' U.S. Census
Bureau data from the 2022 Census of Governments indicate there were
90,837 local governmental jurisdictions consisting of general purpose
governments and special purpose governments in the United States. Of
this number, there were 36,845 general purpose governments (county,
municipal, and town or township) with populations of less than 50,000
and 11,879 special purpose governments (independent school districts)
with enrollment populations of less than 50,000. Accordingly, based on
the 2022 U.S. Census of Governments data, we estimate that at least
48,724 entities fall into the category of ``small governmental
jurisdictions.''
98. 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.
99. As of March 31, 2024, there were 1,382 licensed commercial
television stations. Of this total, 1,263 stations (or 91.4%) 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 April 4, 2024, and therefore these licensees qualify
as small entities under the SBA definition. In addition, the Commission
estimates as of March 31, 2024, there were 383 licensed noncommercial
educational (NCE) television stations, 379 Class A TV stations, 1,829
LPTV stations and 3,118 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.
D. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
100. The NPRM proposes new reporting, recordkeeping, and other
compliance requirements for Class A, LPTV and TV translator stations,
many of which include small entities. Although, the Commission cannot,
at present, determine whether small entities will have to hire
professionals to implement and comply with the NPRM's proposed
requirements, nor can it quantify the cost of compliance for small
entities, we expect that the approaches we propose will have minimal
cost implications for impacted entities because many of these
requirements are part of existing reporting processes for these
entities.
101. The proposed changes to our rules and policies are designed to
ensure that LPTV service continues to serve the public interest. This
includes updates to our recordkeeping requirements for LPTV stations
that will centralize those records in an online public inspection file
(OPIF) to make that information more easily accessible to the public
while, at the same time, minimizing existing burdens associated with
compliance. The NPRM seeks comment on whether to require that licensees
of LPTV stations affiliated with a top-four TV network comply with
Sec. 73.3526 of the Commission's rules, which would require them to
maintain certain records in the Commission's OPIF. We also invite
comment on whether we should include other LPTV network affiliates in
the requirement to maintain an OPIF. In addition, rather than tying any
OPIF requirement for LPTV stations to network affiliation, we invite
comment on whether we should instead apply the OPIF requirement to the
top-four LPTV stations in each market based on the Nielsen ratings.
Transitioning these LPTV stations to the online public file would
improve public access to certain station records.
[[Page 53554]]
102. The NPRM also proposes to update the list of political
programming rules applicable to LPTV stations to align with existing
and longstanding statutory requirements, and to revise Sec. 74.781 of
our rules to require that LPTV stations without an OPIF requirement
maintain documents for public inspection. In addition, we propose to
make other changes to Sec. 73.3526 of our rules to correct cross
references and other inaccuracies, clarify existing requirements,
establish a filing frequency for Class A stations to certify they have
met their ongoing eligibility requirements, and require Class A and
LPTV stations to disclose time brokerage agreements (TBAs) and joint
service agreements (JSAs).
103. We propose requiring that LPTV and TV translator stations file
an application for modification of license in order to change their
community of license. Existing FCC Forms 2100 Schedule D (LPTV/TV
translator) and F (Class A) will be used for this proposed requirement
and no changes to the Forms are anticipated except for the burden
estimates for the existing collections for these Forms. We also propose
that LPTV/TV translator stations certify in applications for minor
change or license that they are in compliance with any minimum
operating requirements adopted in this proceeding. Existing FCC Form
2100 Schedule C and D would be modified and used for this requirement.
104. The NPRM proposes to require that LPTV/TV translator stations
that seek to change their designation from LPTV to TV translator and
vice versa, be required to seek formal authority to make this change.
Existing FCC Form 2100 Schedule D would be used for this proposed
requirement and no changes to the Form are anticipated except for the
burden estimates for the existing collection for this Form. Finally,
the NPRM proposes minimum operating hours of no less than 14 hours per
week for LPTV stations.
105. The NPRM also proposes minimum operating hours of no less than
14 hours per week for LPTV stations. We anticipate the information we
receive in comments including where requested, cost and benefit
analyses, will help the Commission identify and evaluate relevant
compliance matters for small entities, including compliance costs and
other burdens that may result from the proposals and inquiries we make
in the NPRM.
E. Steps Taken To Minimize Significant Economic Impact on Small
Entities and Significant Alternatives Considered
106. The RFA requires an agency to describe any significant,
specifically small business, alternatives that it has considered in
reaching its proposed approach, which may include the following four
alternatives (among others): ``(1) the establishment of differing
compliance or reporting requirements or timetables that take into
account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance and
reporting requirements under the rule for such small entities; (3) the
use of performance, rather than design standards; and (4) an exemption
from coverage of the rule, or any part thereof, for small entities.''
107. The Commission proposes a number of alternatives that may have
a significant impact on small entities. The NPRM seeks comment on
whether to require LPTV stations affiliated with a top-four TV network
to comply with section 73.3526 of the Commission's rules, which
requires stations to maintain certain records for public inspection in
the Commission's OPIF database. By limiting the proposal to LPTV
stations affiliated with a top-four TV network, this approach would
limit this obligation to a smaller number of LPTV stations that have
widely-viewed programming and are therefore likely to have greater
resources. Alternatively, the NPRM asks whether we should include other
LPTV network affiliates in the requirement to maintain an OPIF or,
rather than tying any OPIF requirement for LPTV stations to network
affiliation, whether we should instead apply the OPIF requirement to
the top-four LPTV stations in each market based on the Nielsen ratings.
108. If we were to require certain LPTV stations to comply with
Sec. 73.3526, the NPRM proposes to take similar measures to reduce the
burden on these LPTV stations that the Commission took when it
transitioned full power and Class A TV stations and other media
entities to OPIF. Specifically, we propose to require LPTV stations to
upload only those items required to be in the public file but not
otherwise filed with the Commission or available on the Commission's
website. Any document or information required to be kept in the public
file and that is required to be filed with the Commission
electronically would be imported to the online public file and updated
by the Commission. In addition, if we require certain LPTV stations to
maintain records in OPIF, instead of paper file, LPTV stations may have
initial costs, but the effort by small stations and their related costs
over time will be minimized by exempting existing political file
material from the online file requirement and by requiring only that
political file documents be uploaded on a going-forward basis, similar
to our approach with respect to other entities that have already
transitioned to OPIF. Additionally, the NPRM recommends that LPTV
stations be required to operate not less than 14 hours per calendar
week instead of requiring the daily operational requirements of
commercial full power stations, thereby allowing the flexibility needed
for LPTV stations without traditional hours to serve their viewers.
109. The remaining alternatives proposed by the Commission in the
NPRM were considered to be the least costly and/or minimally burdensome
for small and other entities impacted by the rules. The Commission
expects to more fully consider the economic impact and alternatives for
small entities following the review of comments filed in response to
the NPRM.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rule
110. None.
V. Ordering Clauses
111. Accordingly, it is ordered that, pursuant to the authority
found in sections 1, 2, 4(i), 4(j), 303, 307, 309, 311, 312, and 315 of
the Communications Act of 1934, as amended, 47 U.S.C. 151, 152, 154(i),
154(j), 303, 307, 309, 311, 312, 315 this Notice of Proposed Rulemaking
is adopted.
112. It is further ordered that the Commission's Office of the
Secretary, shall send a copy of this Notice of Proposed Rulemaking,
including the Initial Regulatory Flexibility Act Analysis, to the Chief
Counsel for Advocacy of the Small Business Administration.
List of Subjects
47 CFR Part 11
Television.
47 CFR Parts 73 and 74
Reporting and recordkeeping requirements, Television.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer, Office of the Secretary.
Proposed Rules
For the reasons discussed in the preamble, the Federal
Communications
[[Page 53555]]
Commission proposes to amend 47 CFR parts 11, 73, and 74 to read as
follows:
PART 11--EMERGENCY ALERT SYSTEM (EAS)
0
1. The authority citation for part 11 continues to read as follows:
Authority: 47 U.S.C. 151, 154(i) and (o), 303(r), 544(g), 606,
1201, 1206.
0
2. Section 11.11 is amended by revising paragraph (a) introductory
text, table 1 to paragraph (a), and paragraph (b) to read as follows:
Sec. 11.11 The Emergency Alert System (EAS).
(a) The EAS is composed of analog radio broadcast stations
including AM, FM, and Low-power FM (LPFM) stations; digital audio
broadcasting (DAB) stations, including digital AM, FM, and Low-power FM
stations; television (TV) broadcast stations, including Class A and
low-power TV (LPTV) stations; analog cable systems; digital cable
systems which are defined for purposes of this part only as the portion
of a cable system that delivers channels in digital format to
subscribers at the input of a Unidirectional Digital Cable Product or
other navigation device; wireline video systems; wireless cable systems
which may consist of Broadband Radio Service (BRS), or Educational
Broadband Service (EBS) stations; DBS services, as defined in Sec.
25.701(a) of this chapter (including certain Ku-band Fixed-Satellite
Service Direct to Home providers); and SDARS, as defined in Sec.
25.201 of this chapter. These entities are referred to collectively as
EAS Participants in this part, and are subject to this part, except as
otherwise provided herein. At a minimum EAS Participants must use a
common EAS protocol, as defined in Sec. 11.31, to send and receive
emergency alerts, and comply with the requirements set forth in Sec.
11.56, in accordance with the following tables:
Table 1--Analog and Digital Broadcast Station Equipment Deployment Requirements
--------------------------------------------------------------------------------------------------------------------------------------------------------
Digital AM & Analog & digital Analog & digital
EAS equipment requirement AM & FM FM FM class D LPFM TV Class A TV LPTV
--------------------------------------------------------------------------------------------------------------------------------------------------------
EAS decoder \1\........................... Y Y Y Y Y Y Y
EAS encoder............................... Y Y N N Y Y N
Audio message............................. Y Y Y Y Y Y Y
Video message............................. N/A N/A N/A N/A Y Y Y
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\1\ EAS Participants may comply with the obligations set forth in Sec. 11.56 to decode and convert CAP-formatted messages into EAS Protocol-compliant
messages by deploying an Intermediary Device, as specified in Sec. 11.56(b).
* * * * *
(b) Analog class D non-commercial educational FM stations as
defined in Sec. 73.506 of this chapter, digital class D non-commercial
educational FM stations, analog LPFM stations as defined in Sec. Sec.
73.811 and 73.853 of this chapter, digital LPFM stations, and LPTV
stations as defined in Sec. 74.701(b) of this chapter are not required
to comply with Sec. 11.32. Television broadcast translator stations,
as defined in Sec. 74.701(a) of this chapter, which entirely
rebroadcast the programming of other broadcast televisions stations are
not required to comply with the requirements of this part. FM broadcast
booster stations as defined in Sec. 74.1201(f) of this chapter and FM
translator stations as defined in Sec. 74.1201(a) of this chapter
which entirely rebroadcast the programming of other local FM broadcast
stations are not required to comply with the requirements of this part.
International broadcast stations as defined in Sec. 73.701 of this
chapter are not required to comply with the requirements of this part.
Analog and digital broadcast stations that operate as satellites or
repeaters of a hub station (or common studio or control point if there
is no hub station) and rebroadcast 100 percent of the programming of
the hub station (or common studio or control point) may satisfy the
requirements of this part through the use of a single set of EAS
equipment at the hub station (or common studio or control point) which
complies with Sec. Sec. 11.32 and 11.33.
* * * * *
0
3. Section 11.51 is amended by revising paragraph (e) to read as
follows:
Sec. 11.51 EAS code and Attention Signal Transmission requirements.
* * * * *
(e) Analog class D non-commercial educational FM stations as
defined in Sec. 73.506 of this chapter, digital class D non-commercial
educational FM stations, analog Low Power FM (LPFM) stations as defined
in Sec. Sec. 73.811 and 73.853 of this chapter, digital LPFM stations,
and LPTV stations as defined in Sec. 74.701(b) of this chapter are not
required to have equipment capable of generating the EAS codes and
Attention Signal specified in Sec. 11.31.
* * * * *
0
4. Section 11.61 is amended by revising paragraphs (a)(1)(i),
(a)(2)(i)(A), and (a)(2)(ii) to read as follows:
Sec. 11.61 Tests of EAS procedures.
(a) * * *
(1) * * *
(i) Tests in odd numbered months shall occur between 8:30 a.m. and
local sunset. Tests in even numbered months shall occur between local
sunset and 8:30 a.m. They will originate from Local or State Primary
sources. The time and script content will be developed by State
Emergency Communications Committees in cooperation with affected EAS
Participants. Script content may be in the primary language of the EAS
Participant. These monthly tests must be transmitted within 60 minutes
of receipt by EAS Participants in an EAS Local Area or State. Analog
and digital class D non-commercial educational FM, analog and digital
LPFM stations, and LPTV stations are required to transmit only the test
script.
* * * * *
(2) * * *
(i) * * *
(A) Analog and digital AM, FM, and TV broadcast stations must
conduct tests of the EAS header and EOM codes at least once a week at
random days and times. DAB and TV stations must conduct these tests on
all program streams.
* * * * *
(ii) DBS providers, SDARS providers, analog and digital class D
non-commercial educational FM stations, analog and digital LPFM
stations, and LPTV stations are not required to transmit this test but
must log receipt, as specified in Sec. 11.35(a) and 11.54(a)(3).
* * * * *
PART 73--RADIO BROADCAST SERVICES
0
5. The authority citation for part 73 continues to read as follows:
[[Page 53556]]
Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
336, 339.
0
6. Section 73.619 is amended by revising paragraph (b)(1) to read as
follows:
Sec. 73.619 Contours and service areas.
* * * * *
(b) * * *
(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 TV 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.
* * * * *
0
7. Section 73.625 is amended by revising paragraph (c)(4)(i) to read as
follows:
Sec. 73.625 TV antenna system.
* * * * *
(c) * * *
(4) * * *
(i) In cases where it is proposed to use a tower of an AM broadcast
station as a supporting structure for a TV broadcast antenna, an
appropriate application for changes in the radiating system of the AM
broadcast station must be filed by the licensee thereof. A formal
application (FCC Form 2100 Schedule 301-AM) will be required if the
proposal involves substantial change in the physical height or
radiation characteristics of the AM broadcast antennas; otherwise an
informal application will be acceptable. (In case of doubt, an informal
application (letter) together with complete engineering data should be
submitted.) An application may be required for other classes of
stations when the tower is to be used in connection with a TV station.
* * * * *
0
8. Section 73.2080 is amended by revising paragraph (f)(3) to read as
follows:
Sec. 73.2080 Equal employment opportunities (EEO).
* * * * *
(f) * * *
(3) If a station is subject to a time brokerage agreement, the
licensee shall file Form 2100 Schedule 396 and EEO public file reports
concerning only its own recruitment activity. If a licensee is a broker
of another station or stations, the licensee-broker shall include its
recruitment activity for the brokered station(s) in determining the
bases of Form 2100 Schedule 396 and the EEO public file reports for its
own station. If a licensee-broker owns more than one station, it shall
include its recruitment activity for the brokered station in the Form
2100 Schedule 396 and EEO public file reports filed for its own station
that is most closely affiliated with, and in the same market as, the
brokered station. If a licensee-broker does not own a station in the
same market as the brokered station, then it shall include its
recruitment activity for the brokered station in the Form 2100 Schedule
396 and EEO public file reports filed for its own station that is
geographically closest to the brokered station.
* * * * *
0
9. Section 73.3526 is amended by revising paragraphs (a)(2),
(e)(11)(iii), and (e)(14) through (17) to read as follows:
Sec. 73.3526 Online public inspection file of commercial stations.
(a) * * *
(2) Every permittee or licensee of an AM, FM, TV, or Class A TV
station in the commercial broadcast services, and every permittee or
licensee of an LPTV station affiliated with a top-four TV network (ABC,
CBS, NBC, or Fox), shall maintain a public inspection file containing
the material, relating to that station, described in paragraphs (e)(1)
through (e)(10) and paragraphs (e)(13) and (e)(19) of this section. In
addition, every permittee or licensee of a commercial TV station shall
maintain for public inspection a file containing material, relating to
that station, described in paragraphs (e)(11) and (e)(14), (e)(15),
(e)(16), and (e)(18) of this section, every permittee or licensee of a
Class A TV station shall maintain for public inspection a file
containing material, relating to that station, described in paragraphs
(e)(11), (e)(14), (e)(15), (e)(16) and (e)(17)of this section, every
permittee or licensee of an LPTV station affiliated with a top-four TV
network shall maintain for public inspection a file containing
material, relating to that station, described in paragraphs (e)(14),
(e)(15), and (e)(16) of this section, and every permittee or licensee
of a commercial AM or FM station shall maintain for public inspection a
file containing the material, relating to that station, described in
paragraphs (e)(12), (e)(14), and (e)(16) of this section. A separate
file shall be maintained for each station for which an authorization is
outstanding, and the file shall be maintained so long as an
authorization to operate the station is outstanding.
* * * * *
(e) * * *
(11) * * *
(iii) Children's television programming reports. For commercial TV
and Class A broadcast stations on an annual basis, a completed
Children's Television Programming Report (``Report''), on FCC Form 2100
Schedule H, reflecting efforts made by the licensee during the
preceding year to serve the educational and informational needs of
children. The Report is to be electronically filed with the Commission
by the thirtieth (30) day of the succeeding calendar year. A copy of
the Report will also be linked to the station's online public
inspection file by the FCC. The Report shall identify the licensee's
educational and informational programming efforts, including programs
aired by the station that are specifically designed to serve the
educational and informational needs of children. The Report shall
include the name of the individual at the station responsible for
collecting comments on the station's compliance with the Children's
Television Act, and it shall be separated from other materials in the
public inspection file. These Reports
[[Page 53557]]
shall be retained in the public inspection file until final action has
been taken on the station's next license renewal application.
* * * * *
(14) Radio and television time brokerage agreements. For commercial
radio and television stations, and LPTV stations affiliated with a top-
four TV network, a copy of every agreement or contract involving time
brokerage of the licensee's station or of another station by the
licensee, whether the agreement involves stations in the same markets
or in differing markets, with confidential or proprietary information
redacted where appropriate. These agreements shall be placed in the
public file within 30 days of execution and retained in the file as
long as the contract or agreement is in force.
(15) Must-carry or retransmission consent election. Statements of a
commercial television or Class A television station's election, or the
election of an LPTV station affiliated with a top-four TV network, with
respect to either must-carry or re-transmission consent, as defined in
Sec. Sec. 76.64 and 76.1608 of this chapter. These records shall be
retained for the duration of the three year election period to which
the statement applies. Commercial television stations shall, no later
than July 31, 2020, provide an up-to-date email address and phone
number for carriage-related questions and respond as soon as is
reasonably possible to messages or calls from multichannel video
programming distributors (MVPDs). Each commercial television station is
responsible for the continuing accuracy and completeness of the
information furnished.
(16) Radio and television joint sales agreements. For commercial
radio and commercial television stations, and for LPTV stations
affiliated with a top-four TV network, a copy of agreement for the
joint sale of advertising time involving the station, whether the
agreement involves stations in the same markets or in differing
markets, with confidential or proprietary information redacted where
appropriate. These agreements shall be placed in the public file within
30 days of execution and retained in the file as long as the contract
or agreement is in force.
(17) Class A TV continuing eligibility. Documentation sufficient to
demonstrate that the Class A television station is continuing to meet
the eligibility requirements set forth at Sec. 73.6001. Such
documentation must be filed every calendar quarter by the tenth day of
the succeeding calendar quarter (e.g., January 10 for the quarter
October-December, April 10 for the quarter January-March, etc.). The
documentation shall include a certification that the Class A television
station is continuing to meet the eligibility requirements set forth at
Sec. 73.6001 and shall include, but shall not be limited to, the time,
date, duration, and title of each locally produced program that was
aired during that calendar quarter. The documentation described in this
paragraph shall be retained in the public inspection file until final
action has been taken on the station's next license renewal
application.
* * * * *
0
10. Section 73.3572 is amended by revising paragraph (a)(2) to read as
follows:
Sec. 73.3572 Processing of TV broadcast, Class A TV broadcast, low
power TV, and TV translators applications.
(a) * * *
(2) In the case of Class A TV stations authorized under subpart J
of this part and low power TV and TV translator stations authorized
under part 74 of this chapter, major or minor changes are defined in
Sec. 74.787(b).
* * * * *
0
11. Section 73.3580 is amended by revising paragraph (a)(3) to read as
follows:
Sec. 73.3580 Local public notice of filing of broadcast applications.
(a) * * *
(3) Locally originating programming. Programming from a low power
television (LPTV) or television translator station as defined in Sec.
74.701(g) of this chapter.
* * * * *
0
12. Section 73.4060 is amended by revising paragraph (a) to read as
follows:
Sec. 73.4060 Citizens agreements.
(a) See Report and Order, Docket 20495, FCC 75-1359, adopted
December 10, 1975. 57 F.C.C. 2d 42; 40 FR 59730, December 30, 1975.
* * * * *
0
13. Section 73.6001 is amended by revising paragraph (d) to read as
follows:
Sec. 73.6001 Eligibility and service requirements.
* * * * *
(d) Licensees unable to continue to meet the minimum operating
requirements for Class A television stations, or which elect to revert
to low power television status, shall promptly notify the Commission,
in writing, and request a change in status. The station's call sign
will be modified to one consistent with the requirements of Sec.
74.791(c) following reversion to low power television status.
* * * * *
0
14. Amend Sec. 73.6002 by revising paragraph (a)(2) and adding
paragraph (b) to read as follows:
Sec. 73.6002 Licensing requirements.
(a) * * *
(2) Files an acceptable application for a Class A Television
license (FCC Form 2100 Schedule F).
(b) Community coverage requirements.
(1) A Class A station's protected contour (see Sec. 73.6010 of
this subpart) is required to overlap with at least a portion of its
community of license.
(2) To change a Class A station's community of license, a
modification of license must be filed specifying the new community and
including an exhibit indicating that the protected contour of the
facility specified in the license to cover overlaps with at least a
portion of the proposed community of license. A station may change its
community of license no more than once every 12 months.
(3) For purposes of determining whether a community of license's
boundary overlaps with a station's protected service contour, an
applicant shall use the legal boundary of the community as may be
designated by any Federal, state, local, or tribal governmental entity.
0
15. Section 73.6017 is revised to read as follows:
Sec. 73.6017 Class A TV station protection of Class A TV stations.
An application to change the facilities of a Class A TV station
will not be accepted if it fails to protect authorized Class A stations
in accordance with the requirements of Sec. 74.793 (b) through (d),
(g), and (j) of this chapter. This protection must be afforded to
applications for changes in other authorized Class A stations filed
prior to the date the Class A application is filed.
0
16. Section 73.6019 is revised to read as follows:
Sec. 73.6019 Class A TV station protection of low power TV and TV
translator stations.
An application to change the facilities of a Class A TV station
will not be accepted if it fails to protect authorized low power TV and
TV translator stations in accordance with the requirements of Sec.
74.793(b) through (d), (h), and (j) of this chapter. This protection
must be afforded to applications for changes filed prior to the date
the Class A station is filed.
[[Page 53558]]
0
17. Section 73.6023 is amended by adding paragraph (f)(6) to read as
follows:
Sec. 73.6023 Distributed transmission systems.
* * * * *
(f) * * *
(6) All DTS transmitters must use the same emission mask. See Sec.
73.6024(d) of this subpart regarding permissible emission masks.
* * * * *
0
18. Section 73.7003 is amended by revising paragraphs (b)(2), (b)(4),
and (c)(5)(ii) to read as follows:
Sec. 73.7003 Point system selection procedures.
* * * * *
(b) * * *
(2) Local diversity of ownership. Two points for applicants with no
attributable interests, as defined in Sec. 73.7000, in any other
broadcast station or authorized construction permit (comparing radio to
radio and television to television) whose principal community (city
grade) contour overlaps that of the proposed station. The principal
community (city grade) contour is the 5 mV/m for AM stations, the 3.16
mV/m for FM stations calculated in accordance with Sec. 73.313(c), and
the contour identified in Sec. 73.618(a) for TV. Radio applicants will
count commercial and noncommercial AM, FM, and FM translator stations
other than fill-in stations. Television applicants will count UHF, VHF,
and Class A stations.
* * * * *
(4) Technical parameters. One point to the applicant covering the
largest geographic area and population with its relevant contour (60
dBu for FM and NLSC for TV), provided that the applicant covers both a
ten percent greater area and a ten percent greater population than the
applicant with the next best technical proposal. The top applicant will
receive two points instead of one point if its technical proposal
covers both a 25 percent greater area and 25 percent greater population
than the next best technical proposal.)
(c) * * *
(5) * * *
(ii) Groups of more than three tied, grantable applications will
not be eligible for licensing under this section. Where such groups
exist, the Commission will dismiss all but the applications of the
three applicants that have been local, as defined in Sec. 73.7000, for
the longest uninterrupted periods of time. The Commission will then
process the remaining applications as set forth in paragraph (c)(5)(i)
of this section.
* * * * *
PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER
PROGRAM DISTRIBUTIONAL SERVICES
0
19. The authority citation for part 74 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 325, 336 and
554.
0
20. Section 74.701 is amended by revising paragraphs (a), (b), and (e)
through (g), and removing paragraphs (h) through (m) to read as
follows:
Sec. 74.701 Definitions.
(a) Television broadcast translator station (TV translator). A
station operated for the purpose of retransmitting the programs and
signals of a television broadcast station, without significantly
altering any characteristic of the original signal other than its
frequency, for the purpose of providing television reception to the
general public.
(b) Low power TV station (LPTV). A station authorized under the
provisions of this subpart that may retransmit the programs and signals
of a television broadcast station, may originate programming in any
amount greater than 30 seconds per hour for the purpose of providing
television reception to the general public and, subject to a minimum
video program service requirement, may offer services of an ancillary
or supplementary nature, including subscription-based services. (See
Sec. 74.790.)
* * * * *
(e) Primary station. The television station which provides the
programs and signals being retransmitted by a television broadcast
translator station.
(f) Existing low power television or television translator station.
When used in this subpart, the terms existing low power television and
existing television translator station refer to a low power television
station or television translator station that is either licensed or has
a valid construction permit.
(g) Local origination. For purposes of this part, local origination
shall be any transmissions other than the simultaneous retransmission
of the programs and signals of a TV broadcast station or transmissions
related to service offerings of an ancillary or supplementary nature.
Origination shall include locally generated television program signals
and program signals obtained via video recordings (tapes and discs),
microwave, common carrier circuits, or other sources.
0
21. Section 74.720 is amended by revising the section heading and
paragraphs (a) and (b), adding paragraph (e)(6), and revising paragraph
(f) to read as follows:
Sec. 74.720 Low power TV distributed transmission systems.
(a) A low power TV or TV translator (LPTV) station may be
authorized to operate multiple synchronized transmitters on its
assigned channel to provide service consistent with the requirements of
this section. Such operation is called a distributed transmission
system (DTS). Except as expressly provided in this section, LPTV
stations operating a DTS facility must comply with all rules in this
part applicable to LPTV single-transmitter stations.
(b) For purposes of compliance with this section, a LPTV station's
``authorized facility'' is the facility authorized for the station in a
license or construction permit for non-DTS, single-transmitter-location
operation. An LPTV station's ``authorized service area'' is defined as
the area within its protected contour (described by Sec. 74.792) as
determined using the authorized facility.
* * * * *
(e) * * *
(6) All DTS transmitters must use the same emission mask. See Sec.
74.794 of this subpart regarding permissible emission masks.
(f) All transmitters operating under a single LPTV DTS license must
follow the same broadcast television transmission standard.
0
22. Section 74.732 is amended by revising paragraphs (d) and (e) to
read as follows:
Sec. 74.732 Eligibility and licensing requirements.
* * * * *
(d) The FCC will not act on applications for new low power TV or TV
translator stations, or for changes in facilities of existing stations,
when such changes will result in a major change, until the applicable
time for filing a petition to deny has passed pursuant to section
73.3584(c) of this subpart.
(e) A proposal to change the primary TV station(s) being
retransmitted will be subject only to a notification requirement.
* * * * *
0
23. Section 74.763 is amended by revising paragraph (a) to read as
follows:
Sec. 74.763 Time of operation.
(a) Stations authorized subject to this subpart are required to
operate with the following schedules:
[[Page 53559]]
(1) The licensee of a low power TV station is required to air a
minimum of 14 hours per calendar week of programming. Such operation
must be consistent with Sec. 73.1740(a)(2)(iii).
(2) The licensee of a TV translator, DRT, or DTDRT station is
required to provide service to the extent that such is within its
control and to avoid unwarranted interruptions in the service provided.
(3) All LPTV or TV translator station applicants for construction
permits for minor or major modification of a licensed facility or
applicants for renewal of a license must certify that the station has
complied with the minimum operating requirement for its class of
service set forth in this section. If an applicant cannot make such a
certification, it must explain why and demonstrate that grant of such
application is in the public interest.
* * * * *
0
24. Section 74.780 is revised to read as follows:
Sec. 74.780 Broadcast regulations applicable to translators and low
power stations.
(a) The following rules are applicable to TV translator and low
power TV stations:
(1) 47 CFR part 5--Experimental authorizations.
(2) 47 CFR 73.658--Affiliation agreements and network program
practices; territorial exclusivity in non-network program arrangements.
(3) 47 CFR 73.1030--Notifications concerning interference to radio
astronomy, research, and receiving installations.
(4) 47 CFR 73.1206--Broadcast of telephone conversations.
(5) 47 CFR 73.1207--Rebroadcasts.
(6) 47 CFR 73.1208--Broadcast of taped, filmed, or recorded
material.
(7) 47 CFR 73.1211--Broadcast of lottery information.
(8) 47 CFR 73.1212--Sponsorship identifications; list retention;
related requirements.
(9) 47 CFR 73.1216--Licensee-conducted contests.
(10) 47 CFR 73.1515--Special field test authorizations.
(11) 47 CFR 73.1615--Operation during modification of facilities.
(12) 47 CFR 73.1620--Program tests.
(13) 47 CFR 73.1635--Special temporary authorizations (STA).
(14) 47 CFR 73.1650--International agreements.
(15) 47 CFR 73.1680--Emergency antennas.
(16) 47 CFR 73.1740(a)(2)(iii)--Minimum operating schedule.
(17) 47 CFR 73.1940--Legally qualified candidates for public
office.
(18) 47 CFR 73.3500--Application and report forms.
(19) 47 CFR 73.3511--Applications required.
(20) 47 CFR 73.3512--Where to file; number of copies.
(21) 47 CFR 73.3513--Signing of applications.
(22) 47 CFR 73.3514--Content of applications.
(23) 47 CFR 73.3516--Specification of facilities.
(24) 47 CFR 73.3517--Contingent applications.
(25) 47 CFR 73.3518--Inconsistent or conflicting applications.
(26) 47 CFR 73.3519--Repetitious applications.
(27) 47 CFR 73.3521--Mutually exclusive applications for low power
TV and TV translator stations.
(28) 47 CFR 73.3522--Amendment of applications.
(29) 47 CFR 73.3525--Agreements for removing application conflicts.
(30) 47 CFR 73.3533--Application for construction permit or
modification of construction permit.
(31) 47 CFR 73.3536--Application for license to cover construction
permit.
(32) 47 CFR 73.3538(a)(1), (3), and (4) and (b)--Application to
make changes in an existing station.
(33) 47 CFR 73.3539--Application for renewal of license.
(34) 47 CFR 73.3540--Application for voluntary assignment or
transfer of control.
(35) 47 CFR 73.3541--Application for involuntary assignment of
license or transfer of control.
(36) 47 CFR 73.3542--Application for emergency authorization.
(37) 47 CFR 73.3544--Application to obtain a modified station
license.
(38) 47 CFR 73.3545--Application for permit to deliver programs to
foreign stations.
(39) 47 CFR 73.3550--Requests for new or modified call sign
assignments.
(40) 47 CFR 73.3561--Staff consideration of applications requiring
Commission action.
(41) 47 CFR 73.3562--Staff consideration of applications not
requiring action by the Commission.
(42) 47 CFR 73.3564--Acceptance of applications.
(43) 47 CFR 73.3566--Defective applications.
(44) 47 CFR 73.3568--Dismissal of applications.
(45) 47 CFR 73.3572--Processing of TV broadcast, low power TV, and
TV translator station applications.
(46) 47 CFR 73.3580--Local public notice of filing of broadcast
applications.
(47) 47 CFR 73.3584--Petitions to deny.
(48) 47 CFR 73.3587--Informal objections.
(49) 47 CFR 73.3591--Grants without hearing.
(50) 47 CFR 73.3593--Designation for hearing.
(51) 47 CFR 73.3594--Local public notice of designation for
hearing.
(52) 47 CFR 73.3597--Procedures on transfer and assignment
applications.
(53) 47 CFR 73.3598--Period of construction.
(54) 47 CFR 73.3601--Simultaneous modification and renewal of
license.
(55) 47 CFR 73.3603--Special waiver procedure relative to
applications.
(b) The following rules are applicable to low power TV stations
only:
(1) 47 CFR part 11--Emergency Alert System.
(2) 47 CFR 73.1941--Equal opportunities.
(3) 47 CFR 73.1942--Candidate rates.
(4) 47 CFR 73.1943--Political file.
(5) 47 CFR 73.1944--Reasonable access.
(6) 47 CFR 73.2080--Equal employment opportunities.
(7) 47 CFR 73.3526--Online public inspection file of commercial
stations.
(8) 47 CFR 73.3612--Annual employment report.
(9) 47 CFR 73.3613--Availability to FCC of station contracts
(network affiliation contracts only).
0
25. Section 74.781 is amended by revising paragraph (c) to read as
follows:
Sec. 74.781 Station records.
* * * * *
(c) LPTV stations affiliated with a top-four TV network (ABC, CBS,
NBC, or Fox) must maintain an OPIF consistent with Sec. 73.3526 of
this Chapter. For LPTV records in this section not required to be
included in OPIF and for translator stations, the station records shall
be maintained for public inspection at a residence, office, or public
building, place of business, or other suitable place, in one of the
communities of license of the LPTV or translator, except that the
station records of a translator licensed to the licensee of the primary
station may be kept at the same place where the primary station records
are kept. The station records shall also be made available upon request
to any authorized representative of the Commission.
* * * * *
0
26. Section 74.783 is amended by revising paragraphs (a) introductory
text and (a)(1) to read as follows:
Sec. 74.783 Station identification.
(a) Each low power TV station as defined by Sec. 74.701(b) must
transmit its
[[Page 53560]]
station identification using one of the following methods:
(1) When originating programming, as defined by Sec. 74.701(g), a
low power TV station may use the station identification procedures
given in Sec. 73.1201 of this chapter on its primary stream. Other
streams may use the method in paragraph (a)(2) of this section. The
identification procedures given in the remainder of this paragraph are
to be used at any time the station is not originating programming; or
* * * * *
0
27. Section 74.784 is amended by revising paragraph (e) to read as
follows:
Sec. 74.784 Rebroadcasts.
* * * * *
(e) The provisions of Sec. 73.1207 of part 73 of this chapter
apply to low power TV stations in transmitting any material during
periods of local origination obtained from the transmissions of any
other type of station.
* * * * *
0
28. Section 74.787 is amended by adding paragraphs (a)(1) and (2),
revising paragraphs (a)(4) and (b)(1)(iii) to read as follows:
Sec. 74.787 Licensing.
(a) * * *
(1) Community coverage requirements. (i) A low power TV or TV
translator station's protected contour (see Sec. 74.792) is required
to overlap with at least a portion of its community of license.
(ii) To change a low power TV or TV translator station's community
of license, a modification of license must be filed specifying the new
community and including an exhibit indicating that the protected
contour of the facility specified in the license to cover overlaps with
at least a portion of the proposed community of license. A station may
change its community of license no more than once every 12 months.
(iii) For purposes of determining whether a community of license's
boundary overlaps with a station's protected service contour, an
applicant shall use the legal boundary of the community as may be
designated by any Federal, state, local, or tribal governmental entity.
(2) Conversion between low power TV and TV translator.
(i) A TV translator station may convert to a low power TV station
by filing a modification of license requesting the conversion. The
station's call sign must be modified to one consistent with Sec.
74.791(c) after converting to a low power TV station.
(ii) A low power TV station may convert to a TV translator station
by filing a modification of license requesting the conversion. It shall
specify the facility ID and call sign of the station(s) to be
translated in its filing. The station's call sign will be modified to
one consistent with Sec. 74.791(b) after converting to a TV translator
station.
* * * * *
(4) Displacement applications. (i) Stations eligible to file
displacement applications must meet at least one of the following
requirements:
(A) Cause actual interference at multiple locations within a TV
broadcast station's noise-limited service contour (See Sec.
73.619(c)). If the interference is within the community of license of
the TV broadcast station, then a single report of interference is
sufficient for displacement.
(B) Cause predicted interference beyond the amount specified in
Sec. 74.792(e) with respect to a TV broadcast station, allotment, or
other protected station or service, except if such interference has
been previously accepted.
(C) Receive predicted interference beyond the amount specified in
Sec. 74.792(h) with respect to a TV broadcast station, allotment, or
other protected station or service, except if such interference has
been previously accepted.
(D) Cause interference to the input channel of a TV translator,
DRT, or DTDRT station either located at the same or a nearby location
as the existing low power TV, TV translator, DRT, or DTDRT operation.
(E) Cause interference to land mobile operations such that it must
otherwise cease operations consistent with Sec. 74.703(e).
(F) Is predicted to cause or receive interference to or from an
authorized TV broadcast station or allotment with respect to protected
foreign stations.
(ii) In the event a channel substitution in the Table of TV
Allotments is the cause of a station's displacement, the displacement
permit may not be granted prior to the grant of the construction permit
of the station which requested the channel substitution. Further, a
displaced station may only file an application for displacement relief
after the channel substitution is final.
(iii) Eligible stations may file a displacement relief application
on FCC Form 2100, Schedule C for change in channel at any time,
together with technical modifications that are necessary to avoid
interference or continue serving the station's protected service area.
The application should indicate the specific cause of displacement from
paragraph (i) of this section. Such applications are treated as minor
modifications and must be consistent with paragraph (b) of this
section.
(iv) Displacement relief applications will not be subject to the
filing of competing applications.
(v) Where a displacement relief application for a low power
television or television translator station becomes mutually exclusive
with the application(s) for new low power television or television
translator stations, or with other non-displacement relief applications
for facilities modifications of low power television or television
translator stations, priority will be afforded to the displacement
application for the low power television or television translator
station to the exclusion of other applications, except as otherwise
specified with respect to DRTs and DTDRTs in paragraph (a)(5)(iii).
(vi) Mutually exclusive displacement relief applications for low
power television and television translator stations shall be resolved
via the Commission's part 1 and broadcast competitive bidding rules,
Sec. Sec. 1.2100 through 1.2199, and 73.5000 through 73.5009 of this
chapter. Such applicants shall be afforded an opportunity to submit
settlements and engineering solutions to resolve mutual exclusivity
pursuant to Sec. 73.5002(d) of this chapter.
* * * * *
(b) * * *
(1) * * *
(iii) Any change in transmitting antenna location of greater than
48.3 kilometers from the coordinates of the existing antenna location.
* * * * *
0
29. Section 74.790 is amended by revising paragraph (g)(2) and adding
paragraph (p) to read as follows:
Sec. 74.790 Permissible service of TV translator and LPTV stations.
* * * * *
(g) * * *
(2) For the origination of programming and commercial matter as
defined in Sec. 74.701(g).
* * * * *
(p) No broadcast television stations are permitted to operate on
channels above 36.
0
30. Section 74.791 is amended by revising paragraphs (a) through (c) to
read as follows:
Sec. 74.791 Call signs.
(a) New low power and television translator stations. Call signs
for new
[[Page 53561]]
low power television and television translator stations will be made up
of a prefix consisting of the initial letter K or W followed by the
channel number assigned to the station and two additional letters and a
suffix consisting of the letters -D, consistent with paragraph (d) of
this section. Prior to filing a license to cover, a new low power
television station must modify its call sign to be consistent with the
requirements of paragraph (c) of this section.
(b) Television translator stations. Call signs for television
translator stations will be made up of a prefix consisting of the
initial letter K or W followed by the channel number assigned to the
station and two additional letters and a suffix consisting of the
letter -D, consistent with paragraph (d) of this section.
(c) Low power television stations and Class A television stations.
Low power television and Class A television stations will be made up of
a call sign with a four-letter prefix pursuant to Sec. 73.3550 of this
chapter along with a two-letter suffix. Low power stations will be
assigned the suffix -LD and Class A stations will be assigned the
suffix -CD.
* * * * *
0
31. Section 74.793 is amended by revising paragraph (b) and adding
paragraphs (i) and (j) to read as follows:
Sec. 74.793 Low power TV and TV translator station protection of
broadcast stations.
* * * * *
(b) Except as provided in this section, interference prediction
analysis is based on the interference thresholds (D/U signal strength
ratios) and other criteria and methods specified in Sec. 73.620 of
this chapter. The 2 km cell size specified in Sec. 73.620(b) is not
permitted for Class A, LPTV, TV translator, DRT, and DTDRT stations,
and if not specified in the application, the 1 km cell size will be
assumed.
* * * * *
(i) LPTV, TV translator, DRT, and DTDRT stations may negotiate
interference consent agreements consistent with Sec. Sec. 73.620(e)
and 73.6022.
(j) If an existing authorization exceeds the interference
thresholds consistent with paragraphs (g) or (h) of this section, when
filing a non-displacement minor modification it may create interference
up to but not exceeding the level previously authorized. In determining
this level, the proposal shall use the same cell size and path profile
increment in showing both the existing and proposed interference. If
the proposal is subject to a formal interference agreement, that
agreement must be included as an exhibit to the application.
0
32. Section 74.794 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 74.794 Emissions.
(a)(1) An applicant for an LPTV or TV translator station
construction permit shall specify that the station will be constructed
to confine out-of-channel emissions within one of the following
emission masks: Simple, stringent, or full service. Stations proposing
new or modified operation on channel 14 shall specify either the
stringent or full service emission mask.
* * * * *
[FR Doc. 2024-13812 Filed 6-26-24; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on June 27, 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.