Rule2026-01279
Advancement of the Low Power Television, TV Translator and Class A Television Service
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 23, 2026
Effective
February 23, 2026
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (FCC or Commission) adopts certain changes to its rules concerning Class A television, low power television and TV translator stations (LPTV Service). These include operational and technical rule updates aimed at providing clarity and regulatory certainty to licensees so they can make informed business decisions about their station operations and to ensure that the public continues to benefit from their operations.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 15 (Friday, January 23, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 15 (Friday, January 23, 2026)]
[Rules and Regulations]
[Pages 2861-2877]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01279]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 11, 73, and 74
[MB Docket No. 24-148; FCC 25-84; FR ID 325598]
Advancement of the Low Power Television, TV Translator and Class
A Television Service
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this document, the Federal Communications Commission (FCC
or Commission) adopts certain changes to its rules concerning Class A
television, low power television and TV translator stations (LPTV
Service). These include operational and technical rule updates aimed at
providing clarity and regulatory certainty to licensees so they can
make informed business decisions about their station operations and to
ensure that the public continues to benefit from their operations.
DATES: Effective February 23, 2026, except the amendments to Sec. Sec.
73.3700(g) (amendatory instruction 11), 73.6001(d) (amendatory
instruction 12), 73.6002(b) (amendatory instruction 14), 74.787(a)
(amendatory instruction 27), 74.791(a) through (c) (amendatory
instruction 29), 74.793(a) through (c) (amendatory instruction 30), and
74.799(i) (amendatory instruction 32) which are delayed. The FCC will
publish a document in the Federal Register announcing the effective
dates of those amendments.
FOR FURTHER INFORMATION CONTACT: For additional information on this
proceeding, contact Shaun Maher, Video Division, Media Bureau at
<a href="/cdn-cgi/l/email-protection#94c7fcf5e1fabad9f5fcf1e6d4f2f7f7baf3fbe2"><span class="__cf_email__" data-cfemail="4d1e252c382363002c25283f0d2b2e2e632a223b">[email protected]</span></a> or (202) 418-2324; or Mark Colombo, Video Division,
Media Bureau at <a href="/cdn-cgi/l/email-protection#eca18d9e87c2af838083818e83ac8a8f8fc28b839a"><span class="__cf_email__" data-cfemail="125f7360793c517d7e7d7f707d527471713c757d64">[email protected]</span></a> or (202) 418-7611.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report
and Order, in MB Docket Nos. 24-148; FCC 25-84, adopted on December 18,
2025 and released December 19, 2025. The full text of this document is
available via FCC website at <a href="https://docs.fcc.gov/public/attachments/fcc-25-84A1.pdf">https://docs.fcc.gov/public/attachments/fcc-25-84A1.pdf</a>. The full text of this document will also be available
via ECFS <a href="https://www.fcc.gov/cgb/ecfs/">https://www.fcc.gov/cgb/ecfs/</a>. (Documents will be available
electronically in ASCII, Word, and/or Adobe Acrobat.) To request these
documents in accessible formats for people with disabilities, send an
email to <a href="/cdn-cgi/l/email-protection#e98f8a8adcd9dda98f8a8ac78e869f"><span class="__cf_email__" data-cfemail="8fe9ececbabfbbcfe9ececa1e8e0f9">[email protected]</span></a> or call the Commission's Consumer and
Governmental Affairs Bureau at (202)
[[Page 2862]]
418-0530 (voice), (202) 418-0432 (TTY).
Synopsis
I. Introduction
This Report and Order (R&O) adopts certain changes to the
Commission's rules for Class A television, low power television, and TV
translator stations (collectively the LPTV Service) as proposed in the
Notice of Proposed Rulemaking, 89 FR 53537 (June 27, 2024) (2024)
(NPRM) adopted by the Commission in June 2024 in this proceeding. The
Commission created the LPTV Service in 1982 to bring local television
service to viewers ``otherwise unserved or underserved'' by existing
full power television 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 both rural and urban communities. In light of
changes within the broadcast industry and LPTV Service over the last
forty years, the R&O adopts changes to the Commission's rules to ensure
that the LPTV Service continues to flourish and serve the public
interest long into the future.
II. Background
The LPTV Service was established over forty years ago as a
secondary, niche service delivering free over-the-air television
service, including locally produced programming, to viewers in rural
and discrete urban communities. With this goal in mind, it was exempted
from certain obligations applicable to full power television
broadcasters, including certain recordkeeping and operating
obligations. Because stations in the LPTV Service are licensed on
available channels found between full service television allocations,
they are authorized at lower power levels and serve smaller geographic
areas. While the type of stations that comprise the LPTV Service have
many similarities under the Commission's rules, they are each a
distinct class of broadcast television station, with differing rights
and responsibilities. Currently, there are approximately 1,759 licensed
low power television (LPTV) stations, 3,096 licensed TV translator
stations, and 397 licensed Class A television (Class A) stations.
LPTV stations operate in all states and territories and are
permitted to both originate programming, or with permission, retransmit
the signal of another TV station. While many LPTV stations air
``niche'' programming, which is sometimes locally produced, others are
affiliated with a television network, including the top four networks
(ABC, CBS, Fox, and NBC). TV translators, which also include digital
replacement translators (DRTs) or digital-to-digital replacement
translators (DTDRTs), primarily operate in the western regions of the
United States and often deliver the only over-the-air television
service to rural communities. With limited exception, TV translators
may only simultaneously retransmit the signal of another TV station,
with permission. The primary use of TV translator stations are to
provide service to areas where direct reception of full-service
television stations is unsatisfactory or not possible because of
distance or intervening terrain obstructions. TV translators are not
limited to operation within the contour of the station or stations they
rebroadcast. Both LPTV and TV translator stations are secondary and may
not cause interference to, and must accept interference from, full
power television stations, as well as certain land mobile radio
operations and other primary services, and may be displaced by full
power stations. They also do not have to adhere to any regular schedule
of operation.
Class A stations, which were established pursuant to the Community
Broadcasters Protection Act of 1999 (CBPA), operate at low power, like
LPTV/TV translator stations, but are afforded primary interference
protection status. The extension of Class A status to LPTV stations has
been limited to the terms of the CBPA and the Low Power Protection Act.
Class A stations are required to 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. Although many Class A stations air
independent programming, some are affiliated with a television network,
including the top four networks. In addition, Class A stations must
comply with certain part 73 regulations applicable to full power
television stations, including the Commission's online public
inspection file rules, rules governing informational and educational
children's programming, and the commercial limits in children's
programming. Although Class A stations are not a secondary service,
like LPTV/TV translator stations, they are still subject to the various
licensing and technical requirements found in part 74 of the
Commission's rules.
III. Discussion
A. Revision of Rules Concerning Relocation of Facilities
1. Calculating Distance for Displaced and Channel Sharing Stations
The R&O amends the displacement and channel sharing rules to
eliminate the reference to a station's community of license (COL) and
incorporate the language of the part 74 minor change rule that measures
distance from the reference coordinates of an ``existing station's
antenna location.'' The Commission concludes that modifying the channel
sharing and displacement rules to measure a station's proposed
relocation based on its antenna location's reference coordinates is a
more accurate method of determining the station's service area at the
time of such facility modifications and will help maximize service to
existing viewers. The Commission finds that using a station's COL is
not as accurate a reference point as its antenna reference coordinates,
especially in light of the flexibility being afforded LPTV Service
stations in this item when designating a COL.
The Commission rejected calls by commenters to retain the existing
rules. Because LPTV Service stations are not included in the Table of
TV Allotments (Table), they are not assigned any specific COL when
licensed. Based on the contour size and the hyperlocal nature of LPTV
Service stations, precision is necessary in order to retain the intent
of the distance limitation in the rules with regards to minor changes
and minimize service disruption. Therefore, the Commission finds that
changing its rules to measure a station's proposed relocation based on
the reference coordinates of its antenna location provides a more
accurate method for determining a station's service area.
2. The Distance Relocation Limit
The R&O retains but modifies the current LPTV Service minor
modification distance relocation limit to no greater than 49.1 km from
a station's current antenna reference coordinates. This distance
ensures that LPTV Service stations seeking to relocate their facilities
continue to utilize the minor modification process for just ``minor
changes.'' It will also preserve, to the greatest extent possible,
continuity of service for existing viewers. The R&O declines to adopt
alternative proposals set forth in the record and declines to adopt the
proposed prohibition against rounding when making a distance
calculation.
[[Page 2863]]
The R&O adopts a rule change to only reference the distance
relocation limit in terms of kilometers and eliminate the reference to
miles. The current Rule states that the distance limit is ``30 miles
(48 kilometers),'' but these values are not equivalent. Thirty miles is
approximately 48.28 km, while 48 km is approximately 29.8 miles. The
Commission concludes that a single standard for calculating distance
will establish precision and clarity for both broadcasters and the
Commission. The R&O next adopts a revised distance limit of 49.1 km and
rejects calls by commenters to eliminate or adopt a different limit
and/or method for determining compliance. The R&O concludes that a
slightly increased limit of 49.1 km (increased from the proposed 48.3
km), will maintain consistency and bring the rule in line with past
processing practices.
Stations that have or may lose their existing transmitter sites,
may or have been displaced, or are otherwise unable to relocate to a
new, rule-compliant transmitter site may seek a waiver of the distance
limit and the Commission instructs the Media Bureau (Bureau) to review
such waivers on a case-by-case basis under the general waiver standard
pursuant to Sec. 1.4. The Bureau should view waiver requests favorably
where the applicant is seeking a relocation of no greater than 49.1 km
(prior to the new minor modification distance limitation adopted herein
taking effect); or if greater than 49.1 km where the applicant can
demonstrate that it must relocate its facilities due to circumstances
beyond its control (e.g., its tower has been decommissioned or it is
displaced). As part of a waiver request seeking to move no more than
49.1 km, the applicant must demonstrate that the proposal maintains
contour overlap with the current facility. For a waiver request seeking
a relocation of greater than 49.1 km, the applicant must show that it
has taken all reasonable efforts to maximize service to existing
viewers within the station's contour (i.e., no reasonable alternatives
are available that will result in more existing viewers maintaining
coverage). The applicant may also demonstrate that viewers within its
existing contour will remain well-served and have access to similar
programing from other stations.
3. Community of License Designations and Coverage Requirements
The R&O establishes a flexible, formal standard by which LPTV
Service stations specify a community of license. The Commission finds
that formalizing the COL designation process and providing a set
standard for how LPTV Service stations select a COL will provide
certainty to licensees and clarity to viewers. Currently, stations in
the LPTV Service have been able to informally specify any COL they
choose, regardless of whether they provide service to that location.
Formalizing the COL designation process and providing a flexible
standard for how LPTV Service stations can select its COL will ensure
that COLs listed in the Commission's databases, such as the Licensing
and Management System (LMS), reflect a station's actual service area.
The R&O requires that all stations specify a rule-compliant COL within
six months of the effective date of the rule.
Formal COL Designations. LPTV Service stations will be afforded the
flexibility to determine where best to locate their stations'
facilities and what COL to list for their facilities based on their
actual service areas. The Commission rejects arguments that, because
LPTV Service stations are not in the Table and can be authorized at any
location, there is limited significance of a COL for these stations and
the Commission should not adopt a more formal standard for stations to
designate a COL. Requiring that LPTV Service stations designate a COL
is intended to provide clarity for viewers, allow stations to foster
relationships with the communities they serve, and better align with
existing rules that already apply to the LPTV Service. Further, given
the secondary status of LPTV/TV translator stations and the fact they
may need to make changes to their facilities at any time, the
Commission concludes that stations should have the flexibility to
determine where to site their facilities and select a community of
license for those facilities.
The Commission also rejects calls to exempt from the new COL
requirement TV translators rebroadcasting full-power noncommercial
educational (NCE) or ``public'' television stations to designate COLs
because it would provide little meaningful public interest benefit
given the statewide/regional reach of many public TV NCE stations. The
Commission finds that the goals of the new COL rule (i.e., ensuring
clarity for viewers and allowing stations to foster relationships with
the communities they serve) apply equally to all stations in the LPTV
Service regardless of class, location, or operation. Furthermore,
because TV translator stations are not formally licensed as ``public''
or ``NCE'' and are able to rebroadcast commercial or noncommercial
stations, including over the same channel at the same time, there is no
reliable way for the Commission to determine which translators are
``public television translators'' and would be eligible to be exempt
from the COL rule. Such an approach would require additional filings
from TV translators that would likely be more burdensome than simply
utilizing existing Commission resources to confirm if their COL
actually is located within the station's protected service contours.
Flexible COL Designation Criteria. The R&O adopts flexible criteria
for LPTV Service stations to designate and change a COL. First, all
LPTV Service stations must designate a COL with a boundary that
overlaps with the station's ``protected service contour'' defined as
the contour set forth in Sec. 74.792 for LPTV/TV translator stations
and Sec. 73.6010 for Class A stations. A COL's ``boundary'' for the
purpose of determining whether there is overlap with a station's
protected service contour will be defined as the ``boundary of the
community as has been recognized by any federal, state, local, or
tribal governmental entity.'' A station will be required to certify in
any application designating a COL that its protected service contour
overlaps with the COL's boundary. Commission staff may request support
for the certification in the form of a map demonstrating the overlap.
Stations are permitted to use the name of a county or a commonly used
name of an unincorporated area, as recognized by any federal, state,
local, or tribal governmental entity, as a station's COL. In cases
where no community exists within a station's protected service contour,
a licensee may select a nearby community located outside its protected
service contour and use Longley-Rice to demonstrate the field strength
is at or above the value found in Sec. Sec. 73.6010 or 74.792 (as
appropriate). Any amount of overlap between a station's protected
service contour and boundary of a station's COL will be deemed
sufficient to designate a community as a COL.
COL Change Limits. The R&O declines to limit COL changes to once-
per-year finding that licensees are best equipped to evaluate which
community they serve within their contour and that the Commission
should continue to provide stations in the LPTV Service the flexibility
they need to site their facilities based on factors such as the nature
of programming, geographic considerations, and market trends.
Required Filing, Compliance Period, and Fee Exemption. All stations
in the LPTV Service will designate a COL by filing an application for
modification of license and to pay the appropriate filing fee. Within
six months of the effective date of the COL rule, all LPTV Service
stations must have designated a COL
[[Page 2864]]
that is rule-compliant. Stations whose current COL listed in LMS meets
the requirements of the new COL rule do not need to take any action.
Pursuant to Sec. 1.1116, such filings are exempt from paying an
application filing fee where the station files a modification of
license application during this six-month period solely to come into
compliance with the new COL rule. Minor modification applications that
include other requests will incur a fee. The Bureau is instructed to
revise the Commission's forms as necessary to implement the new COL
rule.
B. Minimum Operating Hours for LPTV Stations
The R&O declines to adopt a minimum operating requirement for LPTV
stations recognizing that such a requirement may be burdensome and have
a detrimental effect on LPTV stations that are traditionally afforded
flexibility to decide their stations' operational schedule. Further,
the Commission finds that LPTV stations are secondary licensees and
many are owned and operated by various small entities whose operating
funds, staff, and audience are limited. Therefore, compliance with a
precise minimum operating schedule based on these entities existing
expectations could prove challenging. Finally, the Commission finds
that such a requirement could also unnecessarily deprive LPTV stations
of important operational flexibility to respond to marketplace demands
and programming opportunities to better serve their niche, local
viewers.
Although the Commission declined to establish set minimum operating
hours, LPTV stations will continue to be subject to existing
operational requirements. An LPTV station that fails to operate for
more than 10 days must notify the Commission that it is silent, Sec.
74.763(b). If a station remains silent for more than 30 days, it must
seek Commission authority to remain silent, Sec. 73.1635. Upon
resuming operations, stations must notify the Commission, Sec.
73.1740(a)(4). 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, Sec. 74.763(c). 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, 47 U.S.C. 312(g). LPTV
stations must also file required applications and/or notifications when
they operate at variance from their licensed parameters, Sec. Sec.
73.1635, 73.1740, 74.763(b).
Revising the Minimum Operating Requirement For TV Translators. The
R&O also declines to revise the minimum operating rule for TV
translators by replacing the word ``expected'' with ``required.'' The
Commission recognized commenters who pointed out that vast majority of
TV translators already attempt to provide as much service as possible,
and this change would unnecessarily create uncertainty. The Commission
reinforced its expectation that TV translators endeavor to do all they
can to rebroadcast their primary station(s) and provide uninterrupted
service given the nature of TV translator stations, which often provide
service in rural, isolated areas in the absence of any other over-the-
air television service.
C. Clarifying Video Program Signal Requirements
The R&O clarifies that, with respect to the requirement in Sec.
74.790(g)(3) that ``[w]henever operating, an LPTV station must transmit
at least one over-the-air video program signal . . . , '' the term
``video program signal'' excludes test patterns, slides, and still
pictures with unrelated aural transmissions. The Commission concludes
that this clarification is consistent with what viewers have come to
expect with regards to the type of service provided by television
broadcast stations. Further, the Commission clarifies that this does
not mean that test patterns, slides, or still pictures with unrelated
aural transmissions are precluded, nor does it mean that the Commission
finds that they do not serve the public interest. To make this point
clear, the R&O eliminates the term ``whenever operating'' from the rule
to remove any doubt that the Commission does not intend to restrict
LPTV stations from broadcasting test patterns, slides, or still
pictures with unrelated audio.
The Commission rejects commenters that argue that this
clarification goes against the flexibility originally granted to the
LPTV stations. The Commission concludes that, although slides with
local community information or still pictures with unrelated audio may
have some public interest importance, it is not prohibiting stations
from airing such material. Instead, the Commission concludes that such
content is by itself insufficient for purposes of meeting the minimum
video program signal obligation under Sec. 74.790(g)(3). Rather than
eliminate LPTV station's operational flexibility, the revised rule
makes clear what it means to provide a ``video program signal'' and
does not impose any new minimum operating requirements or preclude LPTV
stations from broadcasting test patterns, slides, or still pictures
with unrelated aural transmission so long as the station provides a
video program signal that is consistent with the Commission's rules.
The Commission will apply this requirement only to programming aired on
the station's primary stream and not apply it to a station's multicast
stream. For purposes of the rule, ``multicast'' stream(s) shall refer
to a TV broadcast station's non-primary video programming stream(s);
that is, stream(s) other than the station's primary video programming
stream.
The Commission also rejects arguments that the rule amounts to
unconstitutional Commission regulation of content on broadcast stations
such that it interferes with a station licensee's right of free speech.
The Commission maintains that the rule is wholly content neutral, as it
does not distinguish favored speech from disfavored speech based on the
views or ideas expressed in the programming and is reasonably tailored
to satisfy the substantial governmental interest and long-standing
Commission goal of ensuring that frequencies allocated for television
service continue to be used for the types of video program services
viewers have come to expect from television stations.
Finally, the Commission finds concerns raised in the record that
adoption of the rule could prevent the airing of emergency information,
such as Emergency Alert System (EAS) tests or alerts, to be unfounded.
The rule does not prohibit the transmission of slides or still pictures
with unrelated audio transmissions and, therefore, should not impede
stations use of such materials in times of emergency, for EAS tests, or
for other exceptional circumstances. In such circumstances, the display
of slides and still pictures is usually brief and in practice should be
inconsequential for determining whether a LPTV station is complying
with its requirement under Sec. 74.790(g)(3), as modified in the R&O.
D. Class A, LPTV and TV Translator Station Designations and Call Signs
1. Changes Between LPTV Service Designations
The R&O adopts a rule to require LPTV and TV translator stations
that want to change their service designation (i.e., from LPTV to TV
translator, or vice versa) to do so by way of a license
[[Page 2865]]
modification application. By adopting an application requirement, but
not imposing a limit on designation changes, the Commission concludes
that it is creating a formal process for stations to change their
designation that will allow the Commission and public to better track
station classification changes and will provide rule compliance clarity
for stations; while at the same time continuing to provide licensees
the flexibility to change their service designation based on the
programming demands of their viewers and the broadcast marketplace.
Such applications will be filed electronically on LMS on FCC Form 2100,
Schedule D. Applicants will be required to pay the requisite
application filing fee. In order to promote transparency, ensure the
timely processing of such requests (as limited in number as they may
be), and in light of the general support for establishing a formal
process for designation changes, the Commission determined it is
appropriate to apply the same license modification process to Class A
stations. Such applications will be filed electronically on LMS on FCC
Form 2100, Schedule F. Applicants will be required to pay the requisite
application filing fee. The Commission instructed the Bureau to revise
its forms and make all necessary changes to LMS to implement this rule.
The R&O declines to adopt a rule limiting stations to designation
changes only once every twelve months. The Commission concludes that
limiting LPTV Service designation changes to no more than once every
twelve months would provide only limited benefit that is outweighed by
the public interest benefit of affording licensees flexibility to
respond to marketplace demands and determine what service designation
is appropriate to best serve their viewers.
2. TV Translator Call Sign Assignments
The R&O clarifies 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.'' Thirty days after the effective date
of this R&O, the Bureau will automatically modify any TV translator
call signs that does not comply with the TV translator call sign
convention. The 30-day period will allow licensees to inform their
viewers of the impending call sign change as they deem necessary.
Similarly, when a station converts from LPTV to TV translator status,
the Bureau will provide a 30-day period before automatically modifying
a station's call sign to comply with the call sign naming convention in
the TV translator call sign rule, in order to allow the station a
period of time to inform viewers of the impending call sign change as
appropriate. The R&O declines to ``grandfather'' existing, non-
compliant TV translator call signs finding that TV translator stations
are, with limited exception, restricted to rebroadcasting other
station's programing, TV translators do not have their own unique
identity and `grandfathering' existing call signs has no cognizable
public interest benefit.''
3. Class A and LPTV Call Sign Assignments
The R&O adopts a rule requiring 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. In light of the regulatory
and service distinctions between LPTV Service stations, the Commission
concludes that it is appropriate to require that each service conform
to its own call sign prefix and suffix. The R&O will not require LPTV
and Class A stations licensed as of the date of the release date of the
R&O to change their call signs and will ``grandfather'' LPTV and Class
A call signs that are not compliant with the revised rule. A
grandfathered call sign may be retained, unless or until the station
changes its service designation or voluntarily chooses to modify its
call sign. Grandfathered call signs may also be retained as part of an
assignment or transfer of a station's license. Stations that do not
qualify for grandfathering or that want to voluntarily change their
call sign to comply with the new rule will be provided one-year from
the effective date of the rule changes to designate a four-letter call
sign with the correct suffix. During this one-year period, pursuant to
Sec. 1.1116(a), such filings are exempt from payment of the fee
associated with any call sign change request that is submitted by a
station solely to come into compliance with the revised rule. Any
station that subsequently modifies its service designation will be
required to submit a call sign change request and pay the appropriate
fee.
The R&O also adopts a rule to modify the call sign of a Class A
station that reverts from Class A status to LPTV to reflect its LPTV
status by automatically changing its call sign suffix from ``-CD'' to
``-LD'' upon the change in service designation. The newly classified
LPTV 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 through the Commission's LMS call sign
reservation process and pay the appropriate fee. When an opportunity
for a status change from LPTV to Class A exists, a station's call sign
will be modified to designate the ``-CD'' suffix as part of the Class A
eligibility and licensing process. The newly created Class A station
will retain its current four-letter call sign prefix unless it
conflicts with that of an existing Class A station. In such a
circumstance, the new Class A station will be required to modify its
four-letter call sign prefix through the Commission's LMS call sign
reservation process and pay the appropriate fee.
The Commission rejected proposals for alternative call sign
assignments finding such alternatives unworkable and would actually
make the call sign system more confusing for the public and the burden
that would be placed on broadcasters through a wholesale change to the
Commission's call sign system far outweighs any potential benefit.
E. EAS Obligations
The R&O amends the Commission's rules to clarify that all stations
with the LPTV designation, regardless of how the station is operated,
must generally comply with the part 11 EAS rules and further clarifies
that a station formally designated in the Commission's database as a TV
translator is not required to comply with the part 11 requirements,
such as installing EAS equipment or meeting related obligations like
filing in EAS Test Reporting System, if it entirely rebroadcasts the
programming--including all EAS--of a Primary Station. If a TV
translator airs locally originated content, it may need to install EAS
equipment or monitor their Primary Station during periods of local
origination to ensure that all EAS alerts provided by the Primary
Station are being transmitted. The part 11 EAS rules currently provide
that ``LPTV stations that operate as television broadcast translator
stations, as defined in Sec. 74.701(b) are not required to comply with
the requirements of this part.'' In light of the decision to formalize
the LPTV Service designation process and given the distinctions between
LPTV and TV translator stations that have developed over the years, the
Commission finds removal of this vague and unnecessary exception will
help to ensure that all LPTV stations, when constructed, install the
necessary EAS equipment. It will also
[[Page 2866]]
further the public interest by ensuring emergency alerts are properly
and fully disseminated. The Commission rejects opposition from
commenters that it finds is based on an apparent misunderstanding of
the rule change. The Commission clarifies the revised rule will not
require a LPTV station to procure any new EAS equipment, does not
expand existing EAS obligations, and does not increase burdens on
existing stations that are or are acting as TV translators.
F. Channel 14 Emission Masks
The R&O adopts a rule that requires that new channel 14 LPTV
Service stations (Channel 14 LPTV Stations) and channel 14 LPTV
stations that apply to modify their facilities specify a ``full
service'' or ``stringent'' emission mask and prohibit the use of the
``simple'' emission mask. The Commission clarifies that stations
currently licensed and operating without causing interference to Land
Mobile Radio (LMR) operations do not need to implement stringent or
full-service masks, unless they propose to modify their facilities. The
Commission found that instances of interference to LMR facilities from
channel 14 television facilities ``have been readily resolved by the
installation of appropriate filters'' and that stringent and full-
service emission masks are more restrictive than the simple mask and
more effectively decrease out-of-band emissions. The Commission
concludes that 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. Therefore, the Commission concludes that any
increased cost of requiring Channel 14 LPTV Stations to include
stringent or full-service mask filters would not be unduly burdensome
and any burden would be far outweighed by the benefits of better
protecting LMR facilities from interference.
All Channel 14 LPTV Stations that are licensed as of the effective
date of the new rule must specify either stringent or full-service mask
filtering if they modify their facilities, unless the station is
decreasing power or making a modification to its facilities that does
not change its service contour. Use of filters superior to those found
in the Commission's rules, including 8-pole, 12-pole, and cascaded
masks, are still permitted to be used so long as they match or exceed
the stringent and full-service masks which are permitted on channel 14.
Relocation within the contour, even if it does not increase the contour
in any direction, will require stringent or full-service mask
filtering. While the overall service area may shrink, the new location
may put the station closer to or potentially even on the same tower as
a land mobile operation. This situation would be more likely to create
interference, a situation we seek to avoid with this rule. With respect
to those Channel 14 LPTV Stations that are licensed as of the effective
date of the new rule, are operating without causing interference to LMR
facilities despite use of a simple emissions mask, and do not seek to
modify their facilities as described above, the Commission does not
require they take any further action. Because such stations are
operating without causing interference we find there is no benefit to
requiring them to utilize stringent or full-service mask filtering
unless there is interference to an LMR facility.
G. Prohibition on Operations Above Channel 36
The R&O adopts a rule prohibiting LPTV/TV translator stations from
operating above channel 36 (out-of-core channels). Although the
Commission has prohibited new operations on out-of-core channels, it
provided flexibility to LPTV/TV translator stations operating on out-
of-core channels after the conclusion of the Incentive Auction and
repacking process to continue operating on their pre-auction channels
above channel 36 until they were notified by a new 600 MHz Band
licensee that it intended to commence operations. The Commission notes
that 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 channels. Accordingly, the Commission finds
that the flexibility previously afforded to out-of-core stations is no
longer necessary. Further, the Commission also deletes its rules
pertaining to station operations on out of core channels and new 600
MHz Band licensee notification requirements finding such rules to now
be obsolete. These changes shall be effective 30 days after publication
of this document. While the Bureau has conducted a thorough review of
LMS to ensure no stations remain licensed and operational above channel
36, this delayed effective date will also provide further assurance of
that fact and, if there are, provide those stations one final
opportunity to locate an in-core channel before being required to cease
operations.
H. Additional Class A, LPTV, and TV Translator Rule Clarifications
1. DTS Emission Masks
The R&O adopts a rule that will require all transmitters in LPTV
Service station Distributed Transmission System (DTS) facilities to
utilize the same emission mask. The Commission notes that all stations
must specify an emission mask to be implemented with their DTS
facilities; however, the DTS rules adopted by the Commission for LPTV
Service stations did 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. In order to ensure accurate interference calculations
and reduce the potential for interference, the Commission amends its
rules to require all LPTV Service DTS facilities utilize the same
emission mask at each DTS site. Pursuant to the procedures set forth in
OET Bulletin No. 69, an interference calculation is done for each DTS
transmitter site. See OET Bulletin No. 69--Longley-Rice Methodology For
Evaluating TV Coverage and Interference (Feb. 6, 2004) a copy of which
is available at: <a href="https://transition.fcc.gov/oet/info/documents/bulletins/oet69/oet69.pdf">https://transition.fcc.gov/oet/info/documents/bulletins/oet69/oet69.pdf</a>. A station is permitted to use any of the
emission masks permitted by the Commission's rules, so long as the same
emission mask is used at all of their DTS transmitter sites. As of the
date of the R&O, there is only one LPTV Service station, WSJT-LD,
Atlantic City, NJ (Fac. ID No. 191421) that has been authorized to
operate using DTS. The station specified the same emission mask at all
sites. No changes to its facilities will be needed to comply with the
new rule. There are no other pending applications for LPTV Service
stations to implement DTS. Applications pending as of the effective
date of this new rule will be required to come into compliance with the
new emission mask requirement prior to being acted on.
2. Interference Allowance
The Commission adopts a rule that will apply the same requirements
for all LPTV Service stations when entering into an interference
agreement. This includes entering into a signed written agreement that
is submitted with the application, making clear that agreements may
include the exchange of money or other consideration between entities,
and permitting previously agreed upon interference thresholds be
maintained in the event of facility modifications. In order to provide
clarity and transparency, the R&O
[[Page 2867]]
amends the Commission's rules to require LPTV Service stations seeking
to use an agreement to resolve interference concerns to enter into a
signed written agreement that is submitted with any application that
would exceed the 2% interference threshold and makes clear whether
money or other consideration was exchanged. Second, the rule provides
that stations operating pursuant to interference agreements, or that
are unilaterally accepting interference from another station, are
permitted to maintain those agreed upon interference thresholds when
modifying a facility. The Commission concludes that this revision will
not only help maintain the status quo, but preserve existing service to
the public based on agreed upon or unilaterally accepted interference
levels.
3. Maximum Grid Resolution
The R&O codifies the use of a one square kilometer grid resolution
as the maximum permitted in evaluating the interference caused by LPTV
Service facilities. As a maximum limit, the rule inherently permits a
finer grid resolution. To make this point clear, the Commission adjusts
the text of the rule to clarify that the finer 0.5 km grid resolution
remains available so long as it is specified in an exhibit to the
application.
4. Displacement Public Notice Period
The R&O eliminates the 30-day public notice period for displacement
applications. The displacement rule currently 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. At the same time,
displacements are considered applications for minor change, and other
minor change applications are not subject to the 30-day period for
interested parties to file a petition to deny. The Commission concludes
that requiring a displaced LPTV/TV translator station to wait a full 30
days to receive action on its displacement application may result in
avoidable 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.
Therefore, to minimize service disruptions to the public, expedite
processing and construction, reduce burdens on stations and the
Commission, and streamline the displacement process, the 30-day public
notice period for displacement applications is eliminated. Affected
parties that want to oppose grant of a displacement application may
still file an informal objection prior to Commission action and seek
reconsideration up to 30 days after the grant. In addition, affected
parties at any time may report interference concerns that arise after
displacement facilities are constructed and operating.
5. Displacement Eligibility Revisions
Displacement Caused by Actual Interference. The R&O clarifies what
is meant by ``causing or receiving interference'' as used in Sec.
74.787(a)(4) (Displacement Rule). The Displacement Rule is revised to
make clear that 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 0.5% 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 (NLSC), even if the predicted interference is
below the 0.5% threshold. The Commission declined to adopt its proposal
establishing a standard for stations to demonstrate actual interference
due to a paucity of the record on this issue and announced that it will
continue to examine claims of displacement based on actual interference
caused to a full power television station within its NLSC on a case-by-
case basis based on the unique facts presented. The Commission also
noted that actual interference caused by a TV broadcast station to an
LPTV/TV translator has not historically been used for determining
displacement of an LPTV/TV translator station. Because LPTV/TV
translator stations are secondary and may receive up to 2% predicted
interference before being displaced, the presence of actual
interference cannot reliably be utilized to demonstrate displacement.
As such it did not include such a circumstance in the updated
Displacement Rule and concluded that LPTV/TV translator stations that
would receive actual interference significant enough to warrant
displacement from a TV broadcast station will be able to demonstrate it
via the ``predicted'' interference method.
Displacement Caused by Predicted Interference. The R&O revises the
Displacement Rule to clarify the levels of ``predicted'' interference
that is ``cause[d] or receive[d]'' that qualifies a station for a
displacement channel. Under the revised rule, predicted interference
``caused'' to a TV broadcast station must exceed the 0.5% de minimis
interference threshold specified in Sec. 74.793(e) to qualify the
station to file a displacement application. With respect to predicted
interference ``received'' from a TV broadcast station, the predicted
interference must exceed the 2% interference threshold specified in
Sec. 74.793(h) to qualify the station to file a displacement
application. This revision is intended to clarify what is meant by the
word ``predicted'' in the context of the Commission's current
interference thresholds. It 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%).
Displacement Caused by ``Other Protected Station or Service''. The
R&O revises the displacement rule to make clear what ``other protected
station or service'' means by adding two specific situations that would
qualify an LPTV/TV translator station to seek a displacement channel:
(1) interference to LMR facilities and (2) interference to/from
protected television facilities in Canada and Mexico. The Commission
finds that memorializing such circumstances involving ``other protected
station or service'' as qualifying an LPTV/TV translator station for
displacement in the Rules will help provide certainty for licensees.
Displacement Caused by Interference to Input Channels. The R&O adds
as a basis for displacement interference caused by an LPTV/TV
translator station to a TV translator input channel. Although
translator inputs are not ``protected services,'' and the R&O does not
change that, the Commission concludes it is in the public interest to
provide LPTV/TV translators the ability to seek displacement relief in
order to help prevent interference to input channels given their often
critical role in enabling TV translators to serve their viewers.
Enumerating this basis in our rule will also help reduce burdens on
stations by allowing stations to file for displacement without the need
for waiver. The basis for demonstrating interference in this
circumstance may be ``actual'' or ``predicted'' and that interference
must be measured in relation to the input channel receive site. While
proximity to an input channel's receive site is likely to increase the
potential for interference, the underlying intent of the rule is to
ensure that LPTV/TV translator stations have flexibility to resolve
interference that could impede a TV translator
[[Page 2868]]
station's ability to receive the programing that it is retransmitting.
Displacement Caused by Full Power Channel Substitutions. The R&O
clarifies when an LPTV/TV translator station displaced by a full power
station's channel substitution may apply for displacement. The
Displacement Rule is amended to specify that such displacement
applications cannot be filed until the report and order granting the
channel substitution and amending the Table is effective. This revision
to the Rules will ensure that the station is in fact qualified for
displacement and prevent stations from prematurely reserving spectrum
on a contingent basis. In unique circumstances where a full power
station is prepared to quickly move to its new channel, an LPTV/TV
translator station may seek waiver and apply for special temporary
authority to commence operations on its planned displacement channel.
The Commission instructs the Bureau to otherwise dismiss, without
prejudice, displacement applications that are filed prematurely.
Displacement Exhibit. In order to expedite the processing of
displacement applications so that displaced stations can obtain an
authorization, quickly begin construction of their displacement
facility, and preserve service to the public, the R&O adopts a rule
requiring that applicants for displacement include an exhibit briefly
describing the specific cause of displacement. The Commission finds
that requiring a brief description to be filed with the displacement
application is a small task to ask of applicants to prevent processing
delays.
LPTV Channel Sharing. LPTV/TV translator stations are permitted to
relinquish their licensed channel (sharee station) and enter into a
channel sharing agreement (CSA) in order to share the licensed channel
of another station (host station). Upon termination of a CSA, whichever
station that does not retain rights in the shared channel under the
terms of the CSA must either find a new host to share with or, because
it no longer has a channel on which to operate, submit its license for
cancellation. Previously, the Commission's LPTV/TV translator channel
sharing rules did not specifically state whether ``orphaned'' channel
sharing stations could file an application for a new channel upon
termination of their CSA. The R&O declines to adopt a commenter's
proposal requesting that orphaned LPTV/TV translator stations be
permitted to resume independent non-shared operation through use of the
displacement process. Instead, the Commission finds that a more
appropriate process for LPTV/TV translator channel sharing stations to
reacquire their own, non-shared channel is through the existing major
modification process. Major modification applications are filed on FCC
Form 2100, Schedule C. Prior to filing an application specifying a new,
non-shared channel, an application for modification of license to
dissolve the existing channel sharing arrangement must be filed. This
would be done using FCC Form 2100, Schedule D. The Commission instructs
the Bureau to consider waivers on a case-by-case basis for stations
whose arrangements have expired or will expire prior to the end of the
current major modification freeze. The Bureau should view waiver
requests favorably where the applicant can demonstrate that: (1) its
channel sharing arrangement has been terminated for reasons beyond its
control (e.g., its arrangement was terminated through the unilateral
actions of its channel sharing partner loss of tower site, etc. or the
arrangement expired on its own terms), (2) the station has or will be
required to go silent prior to lifting of the major modification
freeze, (3) grant will preserve service for existing viewers to the
greatest extent possible, and (4) the licensee has undertaken
reasonable efforts to extend its channel sharing agreement until such
time as the freeze is lifted. Applicants should not interpret the
Commission's willingness to provide interim relief through waiver as a
way to avoid processing priorities once the major change freeze is
lifted.
6. Program Test Authority Rule for LPTV/TV Translators
The R&O adopts a rule that makes the part 73 ``program test
authority'' (PTA) rule applicable to LPTV/TV translator stations.
Currently, full power and Class A stations, with certain limited
exceptions (e.g., stations permitted to operate on channel 14), 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. The Commission finds that applying the part 73
PTA rule to LPTV/TV translator stations will provide these stations
with the same flexibility as full power and Class A stations to begin
operating automatically pursuant to PTA, with certain exceptions, so
that they may more expeditiously start providing new and modified
service to the public. Television stations on channel 14 will continue
to be required to seek approval prior to commencing operations pursuant
to program test authority. The Commission or the Bureau, under its
delegated authority, may also continue to place conditions as may be
necessary on a station's construction permit requiring grant of program
test authority prior to commencing operations.
I. Part 73 and Part 74 Ministerial Rule Corrections
The R&O makes minor editorial changes to the Rules that were a
result of inadvertent oversights in the Commission's 2022 Part 74 Order
and 2023 Part 73 Order. Specifically, the R&O: (1) removes the
duplicate definitions in Sec. 74.701(f) and (k), and (a) and (j) and
re-letters the remaining paragraphs as (a) through (g); (2) removes the
remaining instances of the word ``digital'' from Sec. Sec. 74.720,
11.11(a) and (b), 11.51(e), and 11.61 given that all LPTV/TV translator
stations now solely operate in digital mode; and (3) reorganizes and
amends Sec. 74.780 based on the service(s) each subsection listed
therein is applicable to, and remove the cross-reference to Sec.
73.1692 since that section was previously removed from the rules. The
Commission also updated the cross-references in Sec. Sec. 11.11(b),
11.51(e), 73.3580(a)(3), 74.783(a), 74.783(a)(1), and 74.790(g)(2) to
reflect the new lettering to be consistent with revised definitions and
Sec. Sec. 74.732(d), 74.783(a), (a)(1), 74.784(e), and 74.791 (a),
(b), (c) to be consistent with the terms and abbreviations in the
adopted Sec. 74.701. With regards to the part 73 rules, the R&O: (1)
amends Sec. 73.7003 to reflect the proper cross reference to Sec.
73.618 instead of Sec. 73.685, which was relocated to Sec. 73.618;
(2) updates the reference in Sec. 73.7003(b)(4) which references a
station's analog service ``Grade B'' contour to instead reference the
correct ``NLSC'' which is used for digital stations; (3) amends the
internal cross-reference in Sec. 73.7003(c)(5)(ii) to reference
paragraph (c)(5)(i) instead of a nonexistent rule reference; (4)
replaces 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; (5) updates references in Sec. Sec. 73.625(c)(4)(i) and
73.6002(a)(2) to reference updated Commission forms names; and (6)
corrects typographical errors in Sec. 73.2080(f)(3).
J. Matters Outside of the Scope of This Proceeding
The R&O notes that the Commission received several proposals that
the Commission finds propose material changes to the Rules or for the
Commission to take other actions outside the scope of this proceeding,
including requests to allow LPTV Service stations to operate with
additional power, allow more LPTV
[[Page 2869]]
stations to upgrade to Class A status, grant must carry status to Class
A and LPTV stations, add Class A stations to the Table, end certain
requirements for ATSC 3.0 operations, reduce EAS requirements for LPTV
stations, eliminate the condition placed on LPTV Service licenses
related to construction and continuous operations, and rename the Low
Power Television Service to the Local Power Television service. The
Commission declines to consider or take action on these requests
finding that these matters were either outside the scope of this
proceeding or are being addressed in the Commission's Delete, Delete,
Delete proceeding, and are more appropriately considered in the context
of other open proceedings, or were previously raised and rejected as
actions beyond the scope the Commission's authority.
K. Cost/Benefit Analysis
After evaluating the record received in response to the NPRM's
request for comment on the benefits and costs associated with adopting
the proposals set forth in the NPRM, the Commission concludes that to
the extent that the revised rules impose any costs on Commission
licensees and regulatees, such costs will be minimal and are outweighed
by the benefits of the revised rules. Any comments received related to
potential costs imposed on Commission licensees and regulatees as a
result of revised proposals have been addressed as part of those
specific proposals.
IV. Procedural Matters
Paperwork Reduction Analysis. Amended Sec. Sec. 73.3700(g)(4),
73.6001, 73.6002, 74.787, 74.791 and 74.793 may contain new or
substantively modified information collection requirements subject to
the Paperwork Reduction Act of 1995 (PRA). All such new or modified
requirements will be submitted to the Office of Management and Budget
(OMB) for review under section 3507(d) of the PRA. OMB, the general
public, and other federal agencies will be invited to comment on any
new or modified information collection requirements contained in this
proceeding. In addition, we note that, pursuant to the Small Business
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C.
3506(c)(4), in the NPRM, the Commission previously sought specific
comment on how it might further reduce the information collection
burden for small business concerns with fewer than 25 employees.
Additionally, this document may contain non-substantive modifications
to approved information collections. Any such modifications will be
submitted to OMB for review pursuant to OMB's non-substantive
modification process.
In this present document, we have assessed the effects of the
various new or modified information collection requirements adopted
herein and find that they will not impose significant costs on stations
because similar application and filing requirements currently exist for
many stations and they are likely to be familiar with the forms and
processes required for compliance. Further, where possible, the
Commission exempts application fees for certain new requirements. To
the extent that the requirements impose additional costs on small
entities, such costs should be minimal and are outweighed by the
benefits of the revised requirements, and would apply equally to small
and large entities.
Congressional Review Act. The Commission has determined, and the
Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget, concurs, that this rule is ``non-
major'' under the Congressional Review Act, 5 U.S.C. 804(2). The
Commission will send a copy of this Report and Order to Congress and
the Government Accountability Office pursuant to the Congressional
Review Act, see 5 U.S.C. 801(a)(1)(A).
Final Regulatory Flexibility Analysis. As required by the
Regulatory Flexibility Act of 1980, as amended (RFA), the Federal
Communications Commission (Commission) incorporated an Initial
Regulatory Flexibility Act Analysis (IRFA) into the Amendment of the
Commission's Rules to Advance the Low Power Television, TV Translator
and Class A Television Service, Notice of Proposed Rulemaking (NPRM),
89 FR 53537 (June 27, 2024). The Commission sought written public
comment on the proposals in the NPRM, including comment on the IRFA. No
comments were filed addressing the IRFA.
A. Need for, and Objectives of, the Rules
The R&O adopted changes to the Commission's rules and policies to
reflect changes in the service over the last 40 years, help stations in
the LPTV Service to be better prepared for future operations, and
enhance the LPTV Service overall. Many of the changes also affect Class
A stations. Given the maturation of the LPTV Service since its
initiation, the R&O adopts the following changes to the regulations of
this service:
<bullet> Amend the method for calculating the maximum distance that
a displaced LPTV/TV translator or LPTV Service channel sharing station
may move.
<bullet> Revise the minor change rule to establish a uniform
maximum distance that LPTV Service stations may move using a minor
modification application.
<bullet> Require that LPTV Service stations specify a community of
license (COL) within their station's contour.
<bullet> Establish a formal process by which that LPTV Service
stations may change their service designation (i.e., LPTV to TV
translator (and vice versa), as well as Class A to LPTV).
<bullet> Require LPTV Service 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 LPTV Service stations to prevent
interference to LMR facilities.
<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 explicitly 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 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 obsolete rules, 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.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
No comments were filed addressing the impact of the proposed rules
on small entities.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
Pursuant to the Small Business Jobs Act of 2010, which amended the
RFA, the FCC is required to respond to any comments filed by the Chief
Counsel for Advocacy of the Small Business Administration (SBA), and
provide a
[[Page 2870]]
detailed statement of any change made to the proposed rules as a result
of those comments. The Chief Counsel did not file any comments in
response to the proposed rules in this proceeding.
D. Description and Estimate of the Number of Small Entities to Which
the Rules Will Apply
The RFA directs agencies to provide a description of, and where
feasible, an estimate of the number of small entities that may be
affected by the rules adopted herein. The RFA generally defines the
term ``small entity'' as having the same meaning as under the Small
Business Act. 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. The SBA
establishes small business size standards that agencies are required to
use when promulgating regulations relating to small businesses;
agencies may establish alternative size standards for use in such
programs, but must consult and obtain approval from SBA before doing
so. The Commission's actions, over time, may affect small entities that
are not easily categorized at present. We therefore describe three
broad groups of small entities that could be directly affected by the
Commission's actions. 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 34.75 million businesses. Next, ``small
organizations'' are not-for-profit enterprises that are independently
owned and operated and not dominant their field. While we do not have
data regarding the number of non-profits that meet that criteria, over
99 percent of nonprofits have fewer than 500 employees. Finally,
``small governmental jurisdictions'' are defined as cities, counties,
towns, townships, villages, school districts, or special districts with
populations of less than 50,000. Based on the 2022 U.S. Census of
Governments data, we estimate that at least 48,724 out of 90,835 local
government jurisdictions have a population of less than 50,000.
The rules adopted in the R&O will apply to small entities in the
industries identified in the chart below by their six-digit North
American Industry Classification System (NAICS) codes and corresponding
SBA size standard. Based on currently available U.S. Census data
regarding the estimated number of small firms in each identified
industry, we conclude that the proposed rules will impact a substantial
number of small entities. Where available, we also provide additional
information regarding the number of potentially affected entities in
the identified industries below.
Table 1--2022 U.S. Census Bureau Data by NAICS Code
--------------------------------------------------------------------------------------------------------------------------------------------------------
SBA size
Regulated industry NAICS code standard Total firms Total small % Small firms
(million) firms
--------------------------------------------------------------------------------------------------------------------------------------------------------
Television Broadcasting Stations................................... 516120 $47 413 316 76.51
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--Broadcast Entity Data
----------------------------------------------------------------------------------------------------------------
Broadcast station owners (as of August 8, 2025) SBA size standard ($47 million)
----------------------------------------------------------------------------------------------------------------
# commercial
Affected entity licensed Small firms % Small entities
----------------------------------------------------------------------------------------------------------------
Television Stations................................. 171 142 83.04
----------------------------------------------------------------------------------------------------------------
We note that there were 4,689 licensed noncommercial (NCE) FM radio
stations, 1,977 low power FM (LPFM) stations, 8,880 FM translators and
boosters, 383 licensed noncommercial educational (NCE) television
stations, 383 Class A TV stations, 1,780 LPTV stations and 3,094 TV
translator stations. Broadcast Station Totals as of June 30, 2025,
Public Notice, DA 25-581 (rel. July 8, 2025).
E. Description of Economic Impact and Projected Reporting,
Recordkeeping and Other Compliance Requirements for Small Entities
The RFA directs agencies to describe the economic impact of
proposed rules on small entities, as well as projected reporting,
recordkeeping and other compliance requirements, including an estimate
of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record.
The adopted changes to the Commission's rules and policies are
designed to ensure that LPTV service continues to serve the public
interest. This includes requiring that LPTV Service stations file an
application for modification of license in order to change their COL.
In the application, stations must certify that its protected service
contour will overlap the COL boundary. Existing FCC Forms 2100,
Schedule D (LPTV/TV translator) and F (Class A) will be used for this
proposed requirement and only slight changes to the Forms are
anticipated. All LPTV Service stations must comply within six months of
the effective date of the COL rule.
The R&O also clarifies that test patterns, slides, or still
pictures accompanied by unrelated aural transmissions for purposes of
determining will not be considered when determining compliance with the
requirement that LPTV stations air one free over-the-air video
broadcast. We also require that LPTV/TV translator stations that seek
to change their designation from LPTV to TV translator and vice versa,
seek formal authority to make this change. Existing FCC Form 2100,
Schedule D would be used for this proposed requirement and only slight
changes to the Form are anticipated. Class A Stations that wish to
downgrade to LPTV status must file a similar license modification using
existing Form 2100, Schedule F. Only limited changes to the Form are
anticipated. In addition, LPTV Service stations with non-compliant call
signs will be required to file a request for call sign change to
specify a call sign that aligns with its service designation. Class A
and LPTV stations will be allowed to seek
[[Page 2871]]
grandfathering of their existing call sign combination. Stations that
seek to change their call signs to comply with the new requirement or
those that do not qualify for grandfathering will have one-year to
submit a call sign change request, and the associated fees for these
changes will be exempted during that time. The Media Bureau's existing
Licensing and Management System will be used for this proposed
requirement and only minimal changes to the system are anticipated.
The R&O also clarifies that all stations with LPTV designation must
comply with Emergency Alert System rules, ensuring these stations have
the equipment necessary to provide the public with lifesaving
information. Additionally, all new or modified channel 14 LPTV Service
stations must specify 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. The revised rules
also require that all transmitters in an LPTV Service station's DTS
facilities to utilize the same emission mask to ensure accurate
interference calculations. The Commission also amended the rules to
require LPTV Service stations seeking to enter into an agreement to
resolve interference concerns to enter into a signed written agreement
that is submitted with the application and makes clear whether money or
other consideration was exchanged. The R&O also eliminates the 30-day
public notice period for displacement applications, reducing regulatory
burdens for these stations and reducing the loss of service to viewers.
Finally, stations filing an application for a displacement minor change
will be required to include an exhibit briefly describing the basis for
displacement. No changes are need to the minor change application. The
R&O also permits LPTV/TV translator channel sharing stations seek their
own independent channel by using the major modification process.
Existing FCC Form 2100, Schedule F would be used for this purpose and
only slight changes to the Form are anticipated.
The NPRM sought comment on the costs and benefits associated with
the Commission's proposed changes to LPTV Service rules. In evaluating
the record, we find that many proposals adopted in the R&O will not
impose significant costs on LPTV Service stations because similar
application and filing requirements currently exist for many stations
and they are likely to be familiar with the forms and processes
required for compliance. Further, where possible, the Commission
exempts application fees for certain new requirements, as discussed
above. To the extent that the revised rules impose additional costs on
small entities, such costs should be minimal and are outweighed by the
benefits of the revised rules.
F. Discussion of Steps Taken To Minimize the Significant Economic
Impact on Small Entities, and Significant Alternatives Considered
The RFA requires an agency to provide, ``a description of the steps
the agency has taken to minimize the significant economic impact on
small entities . . . including a statement of the factual, policy, and
legal reasons for selecting the alternative adopted in the final rule
and why each one of the other significant alternatives to the rule
considered by the agency which affect the impact on small entities was
rejected.''
The Commission took steps and considered several alternatives in
this proceeding in order to minimize the economic impact on small
entities. For example, in revising the distance relocation limits to
account for the difference in miles and kilometers, stations that have
lost or may lose their existing transmitter sites may seek a waiver of
this requirement as suggested by commenters, so long as the station
maintains contour overlap. The Commission allowed stations specifying
their COL greater flexibility to use the name of a county or commonly
used name of an unincorporated area as the Station's COL, and exempts
fees associated with the application to change COL for six months. The
Commission also declined to adopt its proposal to limit COL changes to
once per year finding that the proposed limit went against the
flexibility traditionally afforded to LPTV Service stations to decide
where they operate without any corresponding benefit.
The R&O declined to require LPTV Service stations to specify rule-
compliant call signs within 90 days of the effective date of the call
sign rule and instead allowed stations to ``grandfather'' existing call
signs that are not compliant with the LPTV or Class A call sign rule.
The Commission also declined alternative call sign proposals because
they would make the call sign system more confusing to the public.
Additionally, Commenters suggested that requiring small LPTV stations
to operate a minimum number of hours would be costly and burdensome. As
such, the R&O declined to adopt the Commission's original proposal to
require LPTV stations operate not less than 14 hours per calendar week
instead deciding to adopt no minimum operating hour requirement for
LPTV stations, thereby allowing the flexibility needed for small LPTV
stations without traditional hours to serve their viewers.
The Commission also declined to adopt a proposal to limit service
designation changes from LPTV to TV translator to not more than once
every 12 months finding that such a limit was not necessary and could
unfairly limit stations that need to make such changes for bona fide
reasons. The R&O also declined to adopt a proposal by commenters to
allow for LPTV/TV translator channel sharing stations to resume
independent non-shared operation through use of the displacement
process. Instead, the Commission concluded that it would permit LPTV/TV
translator channel sharing stations to apply for an independent non-
shared operating channel through the Commission's major modification
process.
Finally, the R&O declined to adopt a number of proposals that
addressed matters outside this proceeding, such as changes to LPTV
Station operating power, must carry status, and renaming this service.
Some of these proposals were previously rejected while others are being
considered in other Commission proceedings. The remaining alternatives
adopted by the Commission in the R&O were considered to be the least
costly and/or minimally burdensome for small and other entities
impacted by the rules.
G. Report to Congress
The Commission will send a copy of the R&O, including this FRFA, in
a report to be sent to Congress pursuant to the Congressional Review
Act. In addition, the Commission will send a copy of the R&O, including
this FRFA, to the Chief Counsel for Advocacy of the SBA.
V. Ordering Clauses
Accordingly, it is ordered, pursuant to the authority contained in
47 U.S.C. 151, 154, 301, 303, 307, 308, 309, 310, 316, 319, and 336,
this Report and Order is adopted.
It is further ordered that this Report and Order shall be effective
30 days after publication in the Federal Register, except that the
amendments to Sec. Sec. 73.3700(g)(4), 73.6001, 73.6002, 74.787,
74.791, 74.793, and 74.799, which may contain new or modified
information collection requirements, will not become effective until
the Office of Management and Budget completes review of any information
collections that the Media Bureau determines is required under the
[[Page 2872]]
Paperwork Reduction Act. The Commission directs the Media Bureau to
announce the effective date for Sec. Sec. 73.3700(g)(4), 73.6001,
73.6002, 74.787, 74.791, 74.793, and 74.799, by notice in the Federal
Register and by subsequent Public Notice.
It is further ordered that the Office of the Secretary, shall send
a copy of the Report and Order, including the Final Regulatory
Flexibility Analysis, to the Chief Counsel for Advocacy of the Small
Business Administration.
It is further ordered that, pursuant to the Congressional Review
Act, 5 U.S.C. 801(a)(1)(A), the Commission shall send a copy of this
Report and Order to Congress and to the Government Accountability
Office.
It is further ordered that should no petitions for reconsideration
or petitions for judicial review be timely filed, MB Docket No. 24-148
shall be terminated and its docket closed.
List of Subjects
47 CFR Part 11
Television.
47 CFR Parts 73 and 74
Reporting and recordkeeping requirements, Television.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR parts 11, 73 and 74 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 (n), 303(r), 544(g), 606,
1201, 1206.
0
2. In Sec. 11.11 amend paragraph (a) by revising the introductory
text, table 1,'' 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Analog &
EAS equipment requirement AM & FM Digital AM & FM digital FM Analog & TV Class A TV LPTV
class D digital LPFM
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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. Amend Sec. 11.51 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. Amend Sec. 11.61 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
[[Page 2873]]
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:
Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
336, 339.
0
6. Amend Sec. 73.619 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. Amend Sec. 73.625 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. Amend Sec. 73.2080 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. Amend Sec. 73.3572 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 translator 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
10. Amend Sec. 73.3580 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.
* * * * *
Sec. 73.3700 [Amended]
0
11. Delayed indefinitely, amend Sec. 73.3700 by removing and reserving
paragraph (g).
0
12. Delayed indefinitely, amend Sec. 73.6001 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 file a modification of
license (FCC Form 2100, Schedule F) in order to request a
[[Page 2874]]
change in status. The station's call sign will be modified consistent
with Sec. 74.791(c) following reversion to low power television
status.
0
13. Amend Sec. 73.6002 by revising paragraph (a)(2) 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).
0
14. Delayed indefinitely, further amend Sec. 73.6002 by adding
paragraph (b) to read as follows:
Sec. 73.6002 Licensing requirements.
* * * * *
(b) Community coverage requirements. (1) A Class A station's
protected contour (see Sec. 73.6010) must overlap with at least a
portion of its community of license.
(i) For purposes of determining whether a community of license's
boundary overlaps with a station's protected service contour, an
applicant shall use the boundary of the community as may be recognized
by any federal, state, local, or tribal governmental entity.
(ii) In the event that no community exists consistent with
paragraph (b)(1)(i), the Class A station may use Longley-Rice to
demonstrate a level of service equivalent to the value in Sec. 73.6010
is present in the requested community.
(2) To change a Class A station's community of license, a
modification of license (FCC Form 2100, Schedule F) must be filed
specifying the new community.
0
15. Revise Sec. 73.6017 to read as follows:
Sec. 73.6017 Class A TV station protection of Class A TV stations.
An application to change the facilities of a Class A TV station
will not be accepted if it fails to protect authorized Class A stations
in accordance with the requirements of Sec. 74.793 (b) through (d),
(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. Revise Sec. 73.6019 to read as follows:
Sec. 73.6019 Class A TV station protection of low power TV and TV
translator stations.
An application to change the facilities of a Class A TV station
will not be accepted if it fails to protect authorized low power TV and
TV translator stations in accordance with the requirements of Sec.
74.793(b) through (d), (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.
0
17. Amend Sec. 73.6023 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).
* * * * *
0
18. Amend Sec. 73.7003 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. Revise Sec. 74.701 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
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 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.
(c) Analog to Digital Replacement Translator (DRT). A television
translator licensed to a full power television station that allows it
to restore service to any loss areas that may have occurred as a result
of its transition from analog to digital.
(d) Digital to Digital Replacement Translator (DTDRT). A television
translator licensed to a full power television station that allows it
to restore service to any loss areas that may have occurred as a result
of the station being assigned a new channel pursuant to the Incentive
Auction and repacking process.
(e) Primary station. The television station which provides the
programs and signals being retransmitted by a TV translator.
(f) Existing low power television or television translator station.
When used in this subpart, existing low power television or existing
television translator station refers to a station that is either
licensed or has a valid construction permit.
(g) Local origination. For purposes of this part, local origination
shall be any
[[Page 2875]]
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. Amend Sec. 74.720 by:
0
a. Revising the section heading and paragraphs (a) and (b);
0
b. Adding paragraph (e)(6); and
0
c. Revising paragraph (f).
The revisions and addition 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.
(f) All transmitters operating under a single LPTV DTS license must
follow the same broadcast television transmission standard.
0
22. Amend Sec. 74.732 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 LPTV 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 Sec.
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. Revise Sec. 74.780 to read as follows:
Sec. 74.780 Broadcast regulations applicable to TV translators and
LPTV stations.
(a) The following rules are applicable to TV translators and LPTV
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 73.2080--Equal employment opportunities.
[[Page 2876]]
(3) 47 CFR 73.3612--Annual employment report.
(4) 47 CFR 73.3613--Availability to FCC of station contracts
(network affiliation contracts only).
0
24. Amend Sec. 74.783 by revising paragraphs (a) introductory text and
(a)(1) to read as follows:
Sec. 74.783 Station identification.
(a) Each LPTV station as defined by Sec. 74.701(b) must transmit
its station identification using one of the following methods:
(1) When originating programming, as defined by Sec. 74.701(g), an
LPTV 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
25. Amend Sec. 74.784 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 LPTV stations in transmitting any material during periods of
local origination obtained from the transmissions of any other type of
station.
0
26. Amend Sec. 74.787 by revising paragraphs (a)(4) and (b)(1)(iii) to
read as follows:
Sec. 74.787 Licensing.
(a) * * *
(4) Displacement applications. (i) To be eligible for displacement,
an LPTV, TV translator, DRT, or DTDRT station must meet one of the
following requirements:
(A) Cause actual interference within a TV broadcast station's
noise-limited service contour (see Sec. 73.619(c)).
(B) Cause predicted interference beyond the amount specified in
Sec. 74.793(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. 74.793(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 actual or predicted interference to the input channel of
a TV translator, DRT, or DTDRT station as measured at the receive site.
(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) If a station is displaced by a channel substitution in the
Table of TV Allotments, it may file an application for displacement
relief after the channel substitution is final.
(iii) [Reserved]
(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 in paragraph (a)(5)(iii) of this section.
(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
49.1 kilometers from the coordinates of the existing antenna location.
* * * * *
0
27. Delayed indefinitely, further amend Sec. 74.787 by adding
paragraphs (a)(1) and (2) and (a)(4)(iii) to read as follows:
Sec. 74.787 Licensing.
(a) * * *
(1) Community coverage requirements. (i) An LPTV or TV translator
station's protected contour (see Sec. 74.792) must overlap with at
least a portion of its community of license.
(A) For purposes of determining whether a community of license's
boundary overlaps with a station's protected service contour, an
applicant shall use the boundary of the community as may be recognized
by any federal, state, local, or tribal governmental entity.
(B) In the event that no such community exists under paragraph
(a)(1)(i)(A), the station may use Longley-Rice to demonstrate a level
of service equivalent to the value in Sec. 74.792 is present in the
requested community.
(ii) To change an LPTV or TV translator station's community of
license, a modification of license application (FCC Form 2100, Schedule
D) must be filed specifying the new community that complies with
paragraph (a)(i).
(2) Conversion between LPTV and TV translator. (i) A TV translator
may convert to an LPTV station by filing a modification of license
requesting the conversion. The station's call sign must be modified
consistent with Sec. 74.791(c) after converting to a LPTV station.
(ii) An LPTV station may convert to a TV translator by filing a
modification of license application (FCC Form 2100, Schedule D). It
shall specify the station(s) to be translated in its filing. The
station's call sign will be modified consistent with Sec. 74.791(b)
after converting to a TV translator.
(a) * * *
(4) * * *
(iii) Eligible stations under paragraph (i) of this section may
file a displacement relief application on FCC Form 2100, Schedule C for
change in channel at any time, together with necessary technical
modifications to avoid interference. The application must indicate the
eligible cause of displacement from paragraph (i) of this section. Such
applications are considered minor modifications and must comply with
paragraph (b) of this section.
* * * * *
0
28. Amend Sec. 74.790 by revising paragraphs (g)(2) and (3) 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).
(3) An LPTV station must transmit at least one over-the-air video
program signal at no direct charge to viewers at a resolution of at
least 480i (vertical resolution of 480 lines, interlaced).
* * * * *
(p) No operations are permitted on channels above 36.
[[Page 2877]]
0
29. Delayed indefinitely, further amend Sec. 74.791 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 TV translator and LPTV 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 LPTV 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 TV 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.
(1) Call signs for LPTV and Class A television stations will be made up
of a four-letter prefix pursuant to Sec. 73.3550 of this chapter along
with a two-letter suffix. LPTV stations will be assigned the suffix -LD
and Class A stations will be assigned the suffix -CD.
(2) An LPTV or Class A station that is licensed as of December 19,
2025, may retain its call sign as of that date and is not required to
comply with the requirements of paragraph (c) unless it changes its
service designation (voluntarily or involuntarily) or chooses to modify
its call sign.
* * * * *
0
30. Delayed indefinitely, further amend Sec. 74.793 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 stations subject to this rule. Applicants should specify
either the 1 km or 0.5 km cell size, otherwise the 1 km cell size will
be assumed.
* * * * *
(i) Stations subject to this subpart may negotiate interference
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. The proposal
shall use the same cell size and path profile increment in showing both
the existing and proposed interference. A copy of any interference
agreement must be included as an exhibit to the application.
0
31. Amend Sec. 74.794 by revising paragraph (a)(1) to read as follows:
Sec. 74.794 Digital 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. Applicants
proposing new or modified operation on channel 14 shall specify either
the stringent or full service emission mask.
* * * * *
0
32. Delayed indefinitely, further amend Sec. 74.799 by adding
paragraph (i) to read as follows:
Sec. 74.799 Low power television and TV translator channel sharing.
* * * * *
(i) Channel sharees exiting shared status. An LPTV or TV translator
channel sharee may cease channel sharing and seek to obtain a license
for a non-shared channel by filing a major modification (FCC Form 2100,
Schedule C) specifying a non-shared channel and facility.
[FR Doc. 2026-01279 Filed 1-22-26; 8:45 am]
BILLING CODE 6712-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 23, 2026.
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.