**Before the**

### FEDERAL COMMUNICATIONS COMMISSION

### Washington, D.C. 20554

In the Matter of )

)

Establishment of an Improved Model for )

Predicting the Broadcast Television Field ) ET Docket No. 00-11

Strength Received at Individual Locations )

**[NOTICE OF PROPOSED RULEMAKING]{.underline}**

Adopted: January 13, 2000; Released: January 20, 2000

**Comment Date**: February 22, 2000

**Reply Comment Date**: March 7, 2000

By the Commission:

### TABLE OF CONTENTS

> [Para. No.]{.underline}

I. INTRODUCTION 1

II\. BACKGROUND 2

III\. DISCUSSION 6

A. The Current ILLR Prediction Model 7

B. Improvements in the Model 9

C. Provisions for Continued Refinement 13

D. Designation of Neutral and Independent Entity for Signal Tests
Purposes 14

IV\. PROCEDURAL MATTERS 17

V. ORDERING CLAUSES 25

Appendix A: Technical Data

Appendix B: Proposed Amendments to the Rules

#### I. INTRODUCTION {#i.-introduction .unnumbered}

1\. By this action, we propose rules prescribing a point-to-point
predictive model for determining the ability of individual locations to
receive an over-the-air television broadcast signal of a specific
intensity through the use of a conventional, stationary, outdoor rooftop
receiving antenna. Our goal in developing this model is to provide a
means for reliably and presumptively determining whether the
over-the-air signals of network affiliated television stations can be
received at individual locations. Such determinations are used in
establishing the eligibility of individual households to receive the
signals of television broadcast network stations by satellite carriers.
In issuing this proposal, we are complying with new statutory
requirements set forth in the Satellite Home Viewer Improvement Act of
1999 (SHVIA).[^1] The signal intensity for determining eligibility is
the Grade B standard[^2] set forth in §73.683(a) of the Commission's
rules (47 CFR, Part 73).

#### II. BACKGROUND {#ii.-background .unnumbered}

2\. The SHVIA revises and extends statutory provisions established by
Congress in the 1988 Satellite Home Viewer Act (SHVA).[^3] With regard
to prediction of signal availability, the SHVIA adds a new section
339(c)(3) to the Communications Act of 1934, as amended (47 U.S.C.),
which requires that "\[W\]ithin 180 days after the date of enactment of
the Satellite Home Viewer Improvement Act of 1999, the Commission shall
take all actions necessary, including any reconsideration, to develop
and prescribe by rule a point-to-point predictive model for reliably and
presumptively determining the ability of individual locations to receive
signals in accordance with the signal intensity standard in effect under
section 119(d)(10)(A) of title 17, United States Code."[^4] Section
339(c)(3) further provides that "\[I\]n prescribing such a model, the
Commission shall rely on the Individual Location Longley-Rice model set
forth by the Federal Communications Commission in Docket No. 98-201, and
ensure that such model takes into account terrain, building structures,
and other land cover variations. The Commission shall establish
procedures for the continued refinement in the application of the model
by the use of additional data as it becomes available." The SHVIA also
requires that the courts rely on the Individual Location Longley Rice
model established by the Commission for making presumptive
determinations of whether a household is capable of receiving broadcast
television signals of Grade B intensity.[^5]

3\. In its *Report and Order* in CS Docket No. 98-201 (*SHVA Report and
Order*)[^6], the Commission endorsed the use of a specific model for
predicting signal strength at individual locations. This model, which
the Commission termed "Individual Location Longley-Rice" or "ILLR," is a
version of Longley-Rice 1.2.2[^7]. The Commission recommended that the
ILLR model be used for determining a presumption of service or lack of
service by local over-the-air television signals at individual locations
for purposes of establishing a household's eligibility to receive
network television programming by satellite carriers under the SHVA.

4\. Based on the record in the SHVA proceeding, the Commission found
that vegetation and buildings affect signal intensity at individual
locations. However, it also found that at the time of the *SHVA Report
and Order*, there was no standard means of including such information in
the ILLR that had been accepted by the technical and scientific
community. The Commission therefore stated that land use and cover
information will be included in the ILLR when an appropriate method for
using such information in the context of determining the field strength
of broadcast television signals at individual locations has been
developed and accepted. The Commission reiterated this conclusion in the
Order on Reconsideration, FCC 99-278. In this most recent Order, the
Commission denied DirecTV's petition for reconsideration, in part, on
the basis that it failed to provide the information and details
necessary to evaluate an application to consider land use and cover in
the ILLR.[^8]

5\. Subsequent to the *SHVA Report and Order*, the ILLR has been
implemented by several commercial companies as a tool for determining
whether particular households, identified by street address, are served
or unserved for purposes of the SHVA. Providers of programming service
by satellite carriers are screening potential customers for eligibility
at the point-of-sale using the ILLR model.

#### III. DISCUSSION {#iii.-discussion .unnumbered}

6\. Following the direction of Congress in the SHVIA, we are proposing
to define an improved model for predicting the field strength produced
by a television network affiliate broadcasting station at individual
locations, using as a guide the ILLR model as described in the *SHVA
Report and Order*. This model would be incorporated into our rules as
the required method for making presumptive determinations of individual
household's eligibility for satellite retransmission of distant network
signals. The prediction model we are proposing takes into account
terrain, building structures, and other land cover variations, some of
which are yet to be evaluated and accepted by the scientific and
technical community. We therefore are also outlining a process through
which values can be developed for these parameters. This process
provides for continued refinement of the model on the basis of reliable
technical evidence, as it becomes available.

###### A. The Current ILLR Prediction Model

7\. The current ILLR model is the version of Longley-Rice 1.2.2 that we
endorsed in the *SHVA Report and Order*. It is similar to the
point-to-point predictive model we established for digital television
(DTV) coverage and interference prediction. The ILLR model does not
replace the current Commission rules for field strength contours
(47 CFR §73.683) or prediction of coverage for non-SHVA purposes
(47 CFR §73.684). In fact, the ILLR model may identify unserved
households lying within a station's Grade B contour and may, likewise,
identify served households outside a Grade B contour.

8\. In Appendix A, we specify the technical details that are to be used
with Longley-Rice 1.2.2 to qualify the latter as the ILLR model required
under the SHVIA. The *SHVA Report and Order* left some of these details
to choice since it offered ILLR only as a means to make administration
of the unserved household rule under SHVA easier and more
cost-effective. Here, some of the Longley-Rice 1.2.2 input parameters
have values different from those utilized for application of the model
to DTV.[^9]

###### B. Improvements in the Model

9\. In this rule making, we propose to improve the ILLR model by adding
clutter loss parameters. The clutter loss includes the effects of both
vegetation and buildings and is dependent upon the environment of the
individual household reception point. Reception point environments are
to be classified in terms of the codes used in the Land Use and Land
Cover (LULC) database of the United States Geological Survey, and
clutter loss values are to be added to the radio propagation loss
predicted by basic Longley-Rice 1.2.2. Based on the record in CS Docket
No. 98-201, we believe the LULC database is highly appropriate for
incorporating land use and clutter in ILLR. The LULC database is
publicly available in a form suitable for use in conjunction with
computer programs at the point-of-sale of satellite programming
services. [^10]

10\. To simplify use of the database for ILLR purposes, we have
reorganized the LULC categories in a way specifically relevant to radio
propagation. After regrouping, we identify 10 environmental classes,
almost all of which are combinations of several of the original LULC
categories. Since many of the original LULC categories distinguish
between environments in ways that are unimportant for propagation
prediction, it is clear that simplification is in order. The particular
simplification we are proposing for the ILLR is defined in Appendix A
along with other details of the ILLR model. This simplification is the
same as a classification system currently under consideration by an
industry standardization committee.[^11]

11\. In the improved ILLR model, it is contemplated that a clutter loss
value (a reduction in available signal intensity) will be associated
with each and every LULC classification in a way that is also dependent
upon frequency. However, the available data for assigning values to
these parameters is limited, and we believe it is reasonable to assign
values only in situations for which measurement data have been analyzed
and published, or for which we have some confidence in deriving such
values. We are basing the ILLR table of clutter loss on the results
published in a recent engineering journal by Thomas N. Rubinstein.[^12]
Since the Rubinstein values of clutter loss are derived exclusively from
measurements made at receiver sites with Fresnel clearance, the values
should apply only to matching situations. [^13] For other situations,
the clutter loss will have to remain equal to the default value of zero
dB, the value it effectively has in the current ILLR model where LULC
data is not used. We recognize that, under this approach, the number of
situations in which clutter loss may be taken into account will be
limited. We therefore request comment on whether other data are
available that would allow us to expand the application of clutter loss
considerations, and whether there are other approaches that are
scientifically supported and could be integrated into the ILLR model to
take into account losses due to vegetation and man-made structures.

12\. It is particularly problematic that the Rubinstein table of losses
does not cover low band VHF television, channels 2 through 5, so that no
clutter loss can be assigned to reception on these channels without
introducing an exception to our principle of not assigning values unless
measurement data have been analyzed and published for matching
situations. We are proposing to address this problem by using clutter
loss values for low band channels that are derived by applying frequency
trend data to the Rubinstein clutter loss values for high band VHF. The
frequency trend we have applied is that found by Okumura.[^14] The low
band values obtained in this way are tabulated in Appendix A. Comments
are requested on the acceptability of this approach.

###### C. Procedures for Continued Refinement

13\. Because of copyright law implications addressed by the SHVIA, we
believe that formal rule making is appropriate to make changes in the
future in the ILLR model that we adopt in this proceeding. We will
initiate such future actions upon the filing of a petition for rule
making that is supported by high quality engineering studies containing
conclusions based on reliable and publicly available measurement data.
We anticipate that LandSat data and industry efforts like those
currently underway under the auspices of the Telecommunications Industry
Association will contribute to future improvements to the ILLR.[^15] We
seek comment on this proposed procedure and any other suggestions for
revising the ILLR in a timely fashion.

###### D. Designation of Neutral and Independent Entity for Signal Tests Purposes

14\. In addition to requiring that the Commission conduct a rule making
to improve the ILLR predictive model, Section 339 prescribes procedures
for selecting a qualified, independent person to test the signal at a
household. In particular, Section 339(c)(4)(B) provides:

> If the satellite carrier and the network station or stations asserting
> that the retransmission \[of a signal of a distant network station\]
> is prohibited are unable to agree on such a person to conduct the
> test, the person shall be designated by an independent and neutral
> entity designated by the Commission by rule.

15\. As part of this NPRM, we seek comment on how to identify qualified
entities as candidates to fulfill this legislative requirement. What
types of qualifications should such an entity possess? Are there
industry testing labs in existence that could fill this role? What
characteristics will demonstrate the independence and neutrality
contemplated by the statute? Should there be multiple designating
entities across the country or one central clearinghouse?

16\. We recognize the importance of completing the proceeding to
determine the designated tester as quickly as possible and, therefore,
include this issue in this expedited proceeding to revise the ILLR.

#### IV. PROCEDURAL MATTERS {#iv.-procedural-matters .unnumbered}

17\. [Paperwork Reduction Act of 1995 Analysis]{.underline}. The
requirements proposed in this Notice have been analyzed with respect to
the Paperwork Reduction Act of 1995 (the \"1995 Act\") and would impose
no new or modified information collection requirements on the public.

18. [Initial Regulatory Flexibility Certification]{.underline}. The
Regulatory Flexibility Act of 1980, as amended (RFA)[^16] requires that
an initial regulatory flexibility analysis be prepared for
notice-and-comment rulemaking proceedings, unless the agency certifies
that \"the rule will not, if promulgated, have a significant economic
impact on a substantial number of small entities.\"[^17] The RFA
generally defines \"small entity\" as having the same meaning as the
terms \"small business,\" \"small organization,\" and \"small
governmental jurisdiction.\"[^18] In addition, the term \"small
business\" has the same meaning as the term \"small business concern\"
under the Small Business Act.[^19] 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 Small Business Administration (SBA).[^20]

19. In this Notice of Proposed Rulemaking, the Commission proposes to
prescribe a prediction technique for determining the ability of
individual households to receive television signals broadcast
over-the-air by local stations. The proposals apply exclusively to the
sources of data for certain engineering calculations and to the manner
in which these calculations are made. Television station licensees,
Direct Broadcast Satellite (DBS) operators, and other Direct to Home
(DTH) Satellite operators may use the proposed technique to establish
the eligibility or non-eligibility of individual households for
satellite delivery of distant television programming. These
determinations will usually be made at the point of sale of satellite
receiving equipment for homes and will tend to increase the number of
eligible customers. The changes we propose are of a purely electrical
engineering, scientific nature, without a substantial economic
impact. In addition, the primary economic impact of these proposals will
be their indirect effect on individual consumers. Therefore, we certify
that the proposals in this Notice of Proposed Rulemaking, if adopted,
will not have a significant economic impact on a substantial number of
small entities. If commenters believe that the proposals discussed in
the Notice require additional RFA analysis, they should include a
discussion of these issues in their comments (see deadlines in paragraph
21, below), and additionally label them as RFA comments. The Commission
will send a copy of this Notice of Proposed Rulemaking, including this
initial certification, to the Chief Counsel for Advocacy of the Small
Business Administration. A copy will also be published in the Federal
Register. *See* 5 U.S.C. § 605(b).

20\. [Ex Parte Rules]{.underline}. This proceeding will be treated as a
\"permit‑but‑disclose\" proceeding subject to the
\"permit‑but‑disclose\" requirements under Section 1.1206(b) of the
rules. 47 C.F.R. § 1.1206(b), as revised. Ex parte presentations are
permissible if disclosed in accordance with Commission rules, except
during the Sunshine Agenda period when presentations, ex parte or
otherwise, are generally prohibited. Persons making oral ex parte
presentations are reminded that a memorandum summarizing a presentation
must contain a summary of the substance of the presentation and not
merely a listing of the subjects discussed. More than a one or two
sentence description of the views and arguments presented is generally
required. *See* 47 C.F.R. § 1.1206(b)(2), as revised. Additional rules
pertaining to oral and written presentations are set forth in Section
1.1206(b).

21\. [Filing of Comments and Reply Comments]{.underline}. Pursuant to
Sections 1.415 and 1.419 of the Commission\'s rules, 47 C.F.R. §§ 1.415,
1.419, interested parties may file comments on or before February 22,
2000, and reply comments on or before March 7, 2000. Comments may be
filed using the Commission\'s Electronic Comment Filing System (ECFS) or
by filing paper copies. See [Electronic Filing of Documents in
Rulemaking Proceedings]{.underline}, 63 FR 24,121 (1998).

22\. Comments filed through the ECFS can be sent as an electronic file
via the Internet to \<http://www.fcc.gov/e-file/ecfs.html\>. Generally,
only one copy of an electronic submission must be filed. If multiple
docket or rulemaking numbers appear in the caption of this proceeding,
however, commenters must transmit one electronic copy of the comments to
each docket or rulemaking number referenced in the caption. In
completing the transmittal screen, commenters should include their full
name, Postal Service mailing address, and the applicable docket or
rulemaking number. Parties may also submit an electronic comment by
Internet e-mail. To get filing instructions for e-mail comments,
commenters should send an e-mail to ecfs@fcc.gov, and should include the
following words in the body of the message, \"get form \<your e-mail
address.\" A sample form and directions will be sent in reply.

23\. Parties who choose to file by paper must file an original and four
copies of each filing. If more than one docket or rulemaking number
appear in the caption of this proceeding, commenters must submit two
additional copies for each additional docket or rulemaking number. All
filings must be sent to the Commission\'s Secretary, Magalie Roman
Salas, Office of the Secretary, Federal Communications Commission, 445
12th Street, S.W., Washington, D.C. 20554. The Office of Engineering and
Technology contact for this proceeding is Robert Eckert at 202-418-2433,
or at reckert@fcc.gov.

24\. Parties who choose to file by paper should also submit their
comments on diskette. These diskettes should be submitted to: Robert
Eckert, 445 Twelfth Street, S.W., Washington, D.C. 20554. Such a
submission should be on a 3.5 inch diskette formatted in an IBM
compatible format using Office 97 Word or compatible software. The
diskette should be accompanied by a cover letter and should be submitted
in \"read only\" mode. The diskette should be clearly labeled with the
commenter\'s name, proceeding (including the lead docket number in this
case, type of pleading (comment or reply comment), date of submission,
and the name of the electronic file on the diskette. The label should
also include the following phrase \"Disk Copy - Not an Original.\" Each
diskette should contain only one party\'s pleadings, preferably in a
single electronic file. In addition, commenters must send diskette
copies to the Commission\'s copy contractor, International Transcription
Service, Inc., 1231 20th Street, N.W., Washington, D.C. 20036.

#### V. ORDERING CLAUSES {#v.-ordering-clauses .unnumbered}

25\. IT IS ORDERED that, pursuant to Sections 1, 4(i), 4(j) of the
Communications Act of 1934, as amended, 47 U.S.C. §§ 151, 154(i), and
154(j); Section 1008 of the Intellectual Property and Communications
Omnibus Reform Act of 1999, PL 106-113, 113 Stat. 1501, Appendix I; and
Section 119(d)(10)(a) of the Copyright Act, 17 U.S.C. § 119(d)(10)(a),
NOTICE IS HEREBY GIVEN of proposed amendments to Part 73, in accordance
with the proposals, discussions and statements of issues in this *Notice
of Proposed Rule Making*, and that COMMENT IS SOUGHT regarding such
proposals, discussions and statements of issues.

26\. IT IS FURTHER ORDERED that the Commission\'s Consumer Information
Bureau, Reference Information Center, SHALL SEND a copy of this Notice
of Proposed Rulemaking, including the Initial Regulatory Flexibility
Certification, to the Chief Counsel for Advocacy of the Small Business
Administration.

27\. For additional information concerning this matter, contact Robert
Eckert (202-418-2433), Harry Wong (202-418-2437), or Nam Pham
(202-418-2438), Office of Engineering and Technology, Technical Research
Branch.

**FEDERAL COMMUNICATIONS COMMISSION**

> Magalie Roman Salas

##### Secretary

APPENDIX A

####### Technical Data

This appendix specifies technical details and input parameters that are
to be used with Longley‑Rice Version 1.2.2 to qualify the latter as the
Individual Location Longley-Rice (ILLR) propagation prediction model per
Section 73.683(d) of the FCC rules. The method for including Land Use
and Land Clutter (LULC) classifications of locations with attributed
clutter loss values is defined here. This appendix will be republished
as OET Bulletin No. 70 and included in FCC rules by reference.

Computer code for the Longley-Rice radio propagation prediction model is
published in an appendix of NTIA Report 82-100, *A Guide to the Use of
the ITS Irregular Terrain Model in the Area Prediction Mode*, authors
G.A. Hufford, A.G. Longley and W.A. Kissick, U.S. Department of
Commerce, April 1982. The report may be obtained from the U.S.
Department of Commerce, National Technical Information Service,
Springfield, Virginia, by requesting Accession No. PB 82-217977. Some
modifications to the code were described by G.A. Hufford in a memorandum
to users of the model dated January 30, 1985. With these modifications,
the code is referred to as Version 1.2.2 of the Longley-Rice model. It
is available for downloading at the U.S. Department of Commerce Web
site, \<http://elbert.its.bldrdoc.gov/itm.html\>.

When run under the conditions given in Table 1, the Longley-Rice model
becomes the ILLR per Section 73.683(d) of the FCC rules. Note especially
the following unique features of the ILLR prediction procedure (they
distinguish the ILLR model from, for instance, the use of Longley-Rice
for digital television coverage and interference calculations as
detailed in OET Bulletin No. 69):

-   The time variability factor is 50% presuming that the ILLR field
    strength prediction is to be compared with a required field (the
    Grade B field intensity defined in Section 73.683(d) of the FCC
    rules) that already includes an allowance for long term (daily and
    seasonal) time fading;

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-   the confidence variability factor is 50% indicating median
    situations;

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-   the model is run in individual mode;

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-   terrain elevation is considered every 1/10 of a kilometer;

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-   receiving antenna height is assumed to be 6 m (20 feet) above ground
    for one-story buildings and 9 m (30 feet) above ground for buildings
    taller than one-story;

-   where error codes indicate a severe error, the field strength is
    deemed inadequate for TV service;

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-   land use and land cover (e.g., vegetation and buildings)
    considerations are included.

The field strength of a network TV station at an individual location is
predicted as follows:

1)  Find engineering data for the network affiliate station of interest
    by, for example, consulting the FCC Web site at
    \<http://www.fcc.gov/mmb/vsd/\>. Necessary data are station latitude
    and longitude, height above mean sea level of the radiation center,
    and the effective radiated power (ERP) in the direction of the
    individual location under study.

2)  Run Longley-Rice 1.2.2 in the point-to-point mode with the
    parameters specified in Table 1 to find the propagation path loss
    relative to free space propagation.

3)  Examine the path terrain profile and direct ray from the transmitter
    radiation center to the 6- or 9-meter receiving point to determine
    whether the ray clears by at least 0.6 of the radius of the first
    Fresnel zone. If not, the ILLR Clutter Loss is 0 dB and steps 4 and
    5 should be omitted.

4)  Find the USGS Land Use and Land Cover classification of the
    individual location under study by consulting the the LULC database,
    available from the USGS web page at
    \<http://edcwww.cr.usgs.gov/glis/hyper/guide/1_250_lulc\>.

5)  Convert the USGS Land Use and Land Cover classification to the
    corresponding ILLR category using Table 2, and find the associated
    clutter loss from Table 3.

6)  Finally, calculate the ILLR field strength prediction from the
    formula

Field = (Free Space Field) -- (Longley-Rice 1.2.2 Path Loss) -- (ILLR
Clutter Loss)

where the [Free Space Field]{.underline} in dB = 106.92 +
10log~10~(ERP) - 20log~10~(distance),

and [distance]{.underline} is the path length in kilometers from
transmitter to the individual

location under study.

HG(1) in Table 1 is the height of the radiation center above ground. It
is determined by subtracting the ground elevation above mean sea level
(AMSL) at the transmitter location from the height of the radiation
center AMSL. The latter may be found in the FCC's TV Engineering Data
Base while the former is retrieved from the terrain elevation data base
as a function of the transmitter site coordinates also found in the TV
Engineering Data Base.

Terrain elevation data at uniformly spaced points the between
transmitter and receiver must be provided. The ILLR computer program
must be linked to a terrain elevation data base with values every 3
arc-seconds of latitude and longitude or closer. The program should
retrieve elevations from this data base at regular intervals with a
spacing increment of 0.1 kilometer (parameter XI in Table 1). The
elevation of a point of interest is determined by linear interpolation
of the values retrieved for the corners of the coordinate rectangle in
which the point of interest lies.

**Table 1.**

**Parameter Values for ILLR Implementation of the Longley-Rice Fortran
Code**

  ----------- ---------- --------------------------------------------------
  Parameter   Value      Meaning/Comment

  EPS         15.0       Relative permittivity of ground.

  SGM         0.005      Ground conductivity, Siemens per meter.

  ZSYS        0.0        Coordinated with setting of EN0. See page 72 of
                         NTIA Report.

  EN0         301.0      Surface refractivity in N-units (parts per
                         million).

  IPOL        0          Denotes horizontal polarization.

  MDVAR       1          Code 1 sets individual mode of variability
                         calculations.

  KLIM        5          Climate code 5 for continental temperate.

  XI          0.1 m      Distance between successive points along the
                         radial from transmitter to individual reception
                         point.

  HG(1)       see text   Height of the radiation center above ground.

  HG(2)       6 m, or 9  Height of TV receiving antenna above ground. Use 6
              m          m for one-story building; otherwise 9 m.

  KWX         numeric    KWX is an output indicating the severity of a
              error      possible error due to parameters being out of
              marker     range. Accept the field strength prediction when
                         KWX equals 0 or 1, otherwise (KWX = 2, 3, or 4)
                         presume the field is inadequate for TV reception.

  LULC        1 to 10    This parameter is added to Longley-Rice for ILLR
  Category               purposes. See Tables 2 and 3.
  ----------- ---------- --------------------------------------------------

**Table 2.**

Regrouping of LULC Categories for ILLR Applications

> The United States Geological Survey (USGS) maintains a database on
> land use and land cover indicating features such as vegetation and
> man-made structures. It is often called the LULC database and is
> available from the USGS web page at
> \<http://edcwww.cr.usgs.gov/glis/hyper/guide/1_250_lulc\>.

+-----------+--------------------------+------------+-----------------+
| LULC\     | LULC\                    | ILLR       | ILLR Clutter\   |
| Class     | Classification\          | Clutter\   | Category\       |
| ification | Description              | Category   | Description     |
| Number    |                          | Number     |                 |
+-----------+--------------------------+------------+-----------------+
| 11        | Residential              | 7          | Residential     |
+-----------+--------------------------+------------+-----------------+
| 12        | Commercial and services  | 9          | Commer          |
|           |                          |            | cial/industrial |
+-----------+--------------------------+------------+-----------------+
| 13        | Industrial               | 9          | Commer          |
|           |                          |            | cial/industrial |
+-----------+--------------------------+------------+-----------------+
| 14        | Transportation,          | 1          | Open land       |
|           | communications, &        |            |                 |
|           | utilities                |            |                 |
+-----------+--------------------------+------------+-----------------+
| 15        | Industrial and           | 9          | Commer          |
|           | commercial complexes     |            | cial/industrial |
+-----------+--------------------------+------------+-----------------+
| 16        | Mixed urban and built-up | 8          | Mixed           |
|           | lands                    |            | urban/buildings |
+-----------+--------------------------+------------+-----------------+
| 17        | Other urban and built-up | 8          | Mixed           |
|           | land                     |            | urban/buildings |
+-----------+--------------------------+------------+-----------------+
| 21        | Cropland and pasture     | 2          | Agricultural    |
+-----------+--------------------------+------------+-----------------+
| 22        | Orchards, groves,        | 2          | Agricultural    |
|           | vineyards, nurseries,    |            |                 |
|           | and horticultural        |            |                 |
+-----------+--------------------------+------------+-----------------+
| 23        | Confined feeding         | 2          | Agricultural    |
|           | operations               |            |                 |
+-----------+--------------------------+------------+-----------------+
| 24        | Other agricultural land  | 2          | Agricultural    |
+-----------+--------------------------+------------+-----------------+
| 31        | Herbaceous rangeland     | 3          | Rangeland       |
+-----------+--------------------------+------------+-----------------+
| 32        | Shrub and brush          | 3          | Rangeland       |
|           | rangeland                |            |                 |
+-----------+--------------------------+------------+-----------------+
| 33        | Mixed rangeland          | 3          | Rangeland       |
+-----------+--------------------------+------------+-----------------+
| 41        | Deciduous forest land    | 5          | Forest land     |
+-----------+--------------------------+------------+-----------------+
| 42        | Evergreen forest land    | 5          | Forest land     |
+-----------+--------------------------+------------+-----------------+
| 43        | Mixed forest land        | 5          | Forest land     |
+-----------+--------------------------+------------+-----------------+
| 51        | Streams and canals       | 4          | Water           |
+-----------+--------------------------+------------+-----------------+
| 52        | Lakes                    | 4          | Water           |
+-----------+--------------------------+------------+-----------------+
| 53        | Reservoirs               | 4          | Water           |
+-----------+--------------------------+------------+-----------------+
| 54        | Bays and estuaries       | 4          | Water           |
+-----------+--------------------------+------------+-----------------+
| 61        | Forested wetland         | 5          | Forest land     |
+-----------+--------------------------+------------+-----------------+
| 62        | Non-forest wetland       | 6          | Wetland         |
+-----------+--------------------------+------------+-----------------+
| **Table   |                          |            |                 |
| 2,        |                          |            |                 |
| Con       |                          |            |                 |
| tinued.** |                          |            |                 |
|           |                          |            |                 |
| R         |                          |            |                 |
| egrouping |                          |            |                 |
| of LULC   |                          |            |                 |
| C         |                          |            |                 |
| ategories |                          |            |                 |
| for ILLR  |                          |            |                 |
| App       |                          |            |                 |
| lications |                          |            |                 |
+-----------+--------------------------+------------+-----------------+
| LULC\     | LULC\                    | ILLR       | ILLR Clutter\   |
| Class     | Classification\          | Clutter\   | Category\       |
| ification | Description              | Category   | Description     |
| Number    |                          | Number     |                 |
+-----------+--------------------------+------------+-----------------+
| 71        | Dry salt flats           | 1          | Open land       |
+-----------+--------------------------+------------+-----------------+
| 72        | Beaches                  | 1          | Open land       |
+-----------+--------------------------+------------+-----------------+
| 73        | Sandy areas other than   | 1          | Open land       |
|           | beaches                  |            |                 |
+-----------+--------------------------+------------+-----------------+
| 74        | Bare exposed rock        | 1          | Open land       |
+-----------+--------------------------+------------+-----------------+
| 75        | Strip mines, quarries,   | 1          | Open land       |
|           | and gravel pits          |            |                 |
+-----------+--------------------------+------------+-----------------+
| 76        | Transitional areas       | 1          | Open land       |
+-----------+--------------------------+------------+-----------------+
| 77        | Mixed barren land        | 1          | Open land       |
+-----------+--------------------------+------------+-----------------+
| 81        | Shrub and brush tundra   | 1          | Open land       |
+-----------+--------------------------+------------+-----------------+
| 82        | Herbaceous tundra        | 1          | Open land       |
+-----------+--------------------------+------------+-----------------+
| 83        | Bare ground              | 1          | Open land       |
+-----------+--------------------------+------------+-----------------+
| 84        | Wet tundra               | 1          | Open land       |
+-----------+--------------------------+------------+-----------------+
| 85        | Mixed tundra             | 1          | Open land       |
+-----------+--------------------------+------------+-----------------+
| 91        | Perennial snowfields     | 10         | Snow & ice      |
+-----------+--------------------------+------------+-----------------+
| 92        | Glaciers                 | 10         | Snow & ice      |
+-----------+--------------------------+------------+-----------------+

**Table 3.**

**Clutter Loss as a Function of ILLR LULC Clutter Category and TV
Channel**

> Clutter loss values in this table have been estimated based on the
> test data published by Thomas N. Rubinstein, "Clutter Losses and
> Environmental Noise Characteristics Associated with Various LULC
> Categories," *IEEE Transactions on Broadcasting*, Vol. 44, No. 3,
> September 1998. Values for low band VHF have been added by
> extrapolation from higher frequencies using frequency trends developed
> by Okumura, Yoshihisa *et al*, "Field Strength and its Variability in
> VHF and UHF Land Mobile Radio Service," *Rev. Electrical Comm Lab*,
> Vol. 16, Sept-Oct 1968, pp 825-873.

+-------+----------------+------------+------------+---------+--------+
| ILLR  | ILLR Clutter   | ### Cl     |            |         |        |
| Clu   | Category\      | utter Loss |            |         |        |
| tter\ | Description    |            |            |         |        |
| Cat   |                | dB to be   |            |         |        |
| egory |                | added to   |            |         |        |
| N     |                | Lo         |            |         |        |
| umber |                | ngley-Rice |            |         |        |
|       |                | prediction |            |         |        |
|       |                | of path    |            |         |        |
|       |                | loss       |            |         |        |
|       |                | provided   |            |         |        |
|       |                | the path   |            |         |        |
|       |                | profile    |            |         |        |
|       |                | shows 0.6  |            |         |        |
|       |                | Fresnel    |            |         |        |
|       |                | clearance  |            |         |        |
+-------+----------------+------------+------------+---------+--------+
|       |                | Low Band   | High Band  | UHF     |        |
|       |                | VHF,       | VHF,       | Band    |        |
|       |                | Channels   | Channels   |         |        |
|       |                | 2-5        | 7-13       |         |        |
+-------+----------------+------------+------------+---------+--------+
|       |                |            |            | C       | Ch     |
|       |                |            |            | hannels | annels |
|       |                |            |            | 14-36   | 38-69  |
+-------+----------------+------------+------------+---------+--------+
| 1     | Open Land      | 6          | 7          | 12      | 16     |
+-------+----------------+------------+------------+---------+--------+
| 2     | Agricultural   | 7          | 8          | 14      | 18     |
+-------+----------------+------------+------------+---------+--------+
| 3     | Rangeland      | 7          | 9          | 10      | 19     |
+-------+----------------+------------+------------+---------+--------+
| 4     | Water          | 0          | 0          | 0       | 0      |
+-------+----------------+------------+------------+---------+--------+
| 5     | Forest Land    | 7          | 8          | 16      | 25     |
+-------+----------------+------------+------------+---------+--------+
| 6     | Wetland        | 0          | 0          | 0       | 0      |
+-------+----------------+------------+------------+---------+--------+
| 7     | Residential    | 10         | 12         | 16      | 21     |
+-------+----------------+------------+------------+---------+--------+
| 8     | Mixed          | 10         | 15         | 17      | 18     |
|       | U              |            |            |         |        |
|       | rban/Buildings |            |            |         |        |
+-------+----------------+------------+------------+---------+--------+
| 9     | Commerc        | 10         | 15         | 15      | 17     |
|       | ial/Industrial |            |            |         |        |
+-------+----------------+------------+------------+---------+--------+
| 10    | Snow and Ice   | 0          | 0          | 0       | 0      |
+-------+----------------+------------+------------+---------+--------+

**APPENDIX B**

####### Proposed Amendments to the Rules

Part 73 of Chapter I of title 47 of the Code of Federal Regulations is
amended as follows:

PART 73 -- RADIO BROADCAST SERVICES

1.  The authority citation for Part 73 continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, and 336.

2.  The title of Section 73.683 is amended to read as follows:

Section 73.683 Field Strength Contours and Presumptive Determination of
Field Strength at Individual Locations.

3.  A new subsection 73.683(d) is added as follows:

\(d\) Field strength shall be determined by the Individual Location
Longley-Rice (ILLR) propagation prediction model for purposes of
determining the eligibility of individual households for satellite
retransmission of distant network signals under the copyright law
provisions of 17 U.S.C. §119(d)(10)(A). Guidance for use of the ILLR
model for these purposes is provided in OET Bulletin No. 70.

[^1]: *See* Satellite Home Viewer Improvement Act of 1999 ("SHVIA"),
    Title I of the Intellectual Property and Communications Omnibus
    Reform Act of 1999 ("IPACORA"), PL 106-113, 113 Stat. 1501, Appendix
    I (1999) relating to copyright licensing and carriage of broadcast
    signals by satellite carriers, codified in scattered sections of 17
    and 47 U.S.C.).

[^2]: The SHVIA also directs the Commission to evaluate all possible
    standards and factors for determining eligibility for retransmission
    of signals of network stations to determine whether it may be
    appropriate to recommend, in a report to Congress, modifications to
    the Grade B intensity standard set forth in §73.683(a) of the
    Commission's rules (47 CFR, Part 73) for the purpose of determining
    eligibility.

[^3]: *See* 1988 Satellite Home Viewer Act, 17 U.S.C. §119 (1988).
    Congress enacted the SHVA as an amendment to the Copyright Act in
    order to protect television broadcasters' copyright interests while
    simultaneously enabling satellite carriers to provide the signals of
    broadcast network stations to those satellite subscribers who are
    unable to obtain local network stations over-the-air. Congress
    considered these subscribers to be "unserved" by their local
    stations.

[^4]: *See* SHVIA, section 1008.

[^5]: *See* SHVIA, section 1005. Section 1005 of the SHVIA amends
    section 119(a)(2)(B) of title 17 of the United States Code
    (Copyrights) to require that "\[I\]n determining presumptively
    whether a person resides in an unserved household ... a court shall
    rely on the Individual Location Longley-Rice model set forth by the
    Federal Communications Commission in Docket No. 98-201, as that
    model may be amended by the Commission over time under section
    339(c)(3) of the Communications Act of 1934 to increase the accuracy
    of that model."

[^6]: *Satellite Delivery of Network Signals to Unserved Households for
    Purposes of the Satellite Home Viewer Act; Part 73 Definition and
    Measurement of Signals of Grade B Intensity*, adopted February 1,
    1999, 14 FCC Rcd 2654 (1999).

[^7]: The Longley-Rice radio propagation model is used to make
    predictions of radio field strength at specific geographic points
    based on the elevation profile of terrain between the transmitter
    and each specific reception point. A computer is needed to make
    these predictions because of the large number of reception points
    that must be individually examined. Computer code for the
    Longley-Rice point-to-point radio propagation model is published in
    an appendix of NTIA Report 82-100, *A Guide to the Use of the ITS
    Irregular Terrain Model in the Area Prediction Mode*, authors G.A.
    Hufford, A.G. Longley and W.A. Kissick, U.S. Department of Commerce,
    April 1982. Some modifications to the code were described by G.A.
    Hufford in a memorandum to users of the model dated January 30,
    1985. With these modifications, the code is referred to as Version
    1.2.2 of the Longley-Rice model.

[^8]: *See Order on Reconsideration* FCC 99-278 (CS Docket No. 98-201,
    released October 7, 1999) at ¶ 8.

[^9]: The Longley-Rice model used for analysis of DTV and analog TV
    service in the DTV proceeding is described in \"Longley-Rice
    Methodology for Evaluating TV Coverage and Interference,\" OET
    Bulletin 69, Federal Communications Commission (July 2, 1997) \<
    http://www.fcc.gov/oet/info/documents/bulletins/#69 \>. Longley-Rice
    is the Commission\'s designated methodology for determining where
    service is provided by a DTV station. *See* 47 C.F.R.  73.622(e).
    *See also Advanced Television Systems: Sixth Report and Order*
    (\"DTV Sixth Report and Order\"), 12 FCC Rcd 14588, 14672-76.

[^10]: See USGS web page at
    \<http://edcwww.cr.usgs.gov/glis/hyper/guide/1_250_lulc\>.

[^11]: ^?^ Working Group TR8.18 of the Telecommunications Industry
    Association (TIA) is preparing a document to be published as
    Technical Standards Bulletin TSB-88.

[^12]: Thomas N. Rubinstein, "Clutter Losses and Environmental Noise
    Characteristics Associated with Various LULC Categories," *IEEE
    Transactions on Broadcasting*, Vol. 44, No. 3, September 1998.

[^13]: ^?^ Fresnel clearance is a geometrical property of the radio path
    from transmitter to individual receiving location. The receiver is
    considered to be in a shadowed location if a terrain elevation point
    along the path extends 0.6 of the way into the first Fresnel zone.

[^14]: ^?^ Okumura, Yoshihisa *et al*, "Field Strength and its
    Variability in VHF and UHF Land Mobile Radio Service," *Rev.
    Electrical Comm Lab*, Vol. 16, Sept-Oct 1968, pp 825-873.

[^15]: ^?^ The latest member of the Landsat family of earth satellites,
    Landsat 7, was launched into orbit on April 15, 1999. Landsat
    satellites, a NASA program, gather remotely sensed images of the
    land surface and surrounding coastal regions for global change
    research, regional environmental change studies and other civil and
    commercial purposes. Previous Landsat missions provided the
    information incorporated in the USGS LULC database. After data
    reduction, Landsat 7 will provide data of greater significance for
    radio propagation prediction. Industrial and governmental
    organizations in Canada are already deriving radio propagation
    prediction databases from the latest LandSat images.

[^16]:  The RFA, *see* § 5 U.S.C. S 601 *et. seq*., has been amended by
    the Contract With America Advancement Act of 1996, Pub. L. No.
    104-121, 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the
    Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA).

[^17]:  5 U.S.C. § 605(b).

[^18]:  5 U.S.C. § 601(6).

[^19]:  5 U.S.C. § 601(3) (incorporating by reference the definition of
    \"small business concern\" in Small Business Act, 15 U.S.C. S §
    632). Pursuant to 5 U.S.C. § 601(3), the statutory definition of a
    small business applies \"unless an agency, after consultation with
    the Office of Advocacy of the Small Business Administration and
    after opportunity for public comment, establishes one or more
    definitions of such term which are appropriate to the activities of
    the agency and publishes such definition(s) in the Federal
    Register.\"

[^20]:  Small Business Act, § 15 U.S.C. S 632.