![](media/image1.png){width="1.0520833333333333in" height="1.0625in"}

**PUBLIC NOTICE**

**Federal Communications Commission** News Media Information: (202)
418-0500

**445 Twelfth Street, S.W.** Fax on Demand: (202) 418-2830

**Washington, DC 20554** Internet: www.fcc.gov ftp.fcc.gov

# DA 02-270

**Released: February 6, 2002**

MASS MEDIA BUREAU Announces Window Filing Opportunity For Certain
Pending Requests For New NTSC Television Stations On Channels 52‑59

By this Public Notice we announce a window filing opportunity to allow
applicants with certain pending requests for new analog (NTSC)
television stations on channels 52-59 to modify their requests. **The
window opened January 22, 2002 and will close March 8, 2002.**

In its Report and Order in GN Docket No. 01-74, the Commission adopted
the reallocation of the 698-746 MHz Spectrum Band (television channels
52-59) from use by television broadcasters to new uses on a flexible
basis.[^1] In that Report and Order, the Commission dismissed all
pending petitions for rule making proposing new NTSC television
allotments on channels 52-59.[^2] As for pending NTSC applications, the
Commission stated that it would not license new NTSC facilities on
channels 52-59. Rather, it would provide those parties with pending NTSC
applications on channels 52-59, and those and other parties with pending
applications for NTSC facilities on other channels that previously filed
a petition for rule making for a replacement channel on channels 52-59,
a 45-day opportunity to request a change in channel for their pending
applications or petitions for rule making.

We note that, because of the adjacent channel interference that new
stations on channel 59 could cause to new licensees in the adjacent
Upper 700 MHz Band (television channels 60-69), the Commission also
stated that it will no longer accept or grant any application for new
NTSC stations on channel 59, and parties with outstanding applications
that specify channel 59 and who have not yet filed a channel allotment
rulemaking petition to specify another channel must do so within the
45-day period.

The purpose of this Public Notice is to set forth the filing procedures
for this window opportunity. This window opportunity is available for
applicants having applications pending for new NTSC stations on channels
52-59. It is also available for these and other parties with pending
applications for new NTSC stations on other channels that have
previously filed petitions for rule making for a replacement channel on
channels 52-59. These proposals can be modified in one of two ways: (1)
to provide analog or digital television (DTV) service in the core
television spectrum, *i.e.*, channels 2-51 or (2) to provide DTV service
on any available channel in the 698-740 MHz band, *i.e.*, channels
52-58.[^3] For these applicants, as applicable, all application
amendments, petitions for rule making and amendments to petitions for
rule making seeking a new channel must be filed during this window.
Pursuant to the Commission\'s directive, we will thereafter dismiss all
remaining applications for new NTSC stations on channels 52-59 and
petitions from applicants that continue to request replacement NTSC
allotments on channels 52-59.

**[Petitions for Rule Making to Specify a New Channel or Amendments of
Petitions]{.underline}**

Parties with applications for new NTSC stations on channels 52-59 or
with pending applications on these and other channels that have pending
petitions for rule making proposing a NTSC replacement channel on
channels 52-59, may choose to file a petition for rulemaking or
amendment to their pending petition to specify a new NTSC or DTV channel
on channels 2-51 or to propose a new DTV allotment on any available
channel between 52-58. All such channel changes must be requested by
filing a petition for rule making or an amendment to a pending
petition.[^4] A channel change may *not* be requested through an
amendment to a pending application. Rulemaking petitions or amendments
to pending petitions must retain the community of license specified in
the pending television application or rulemaking petition. Where
multiple applications have been filed for a single NTSC channel
allotment, a petition for rule making must propose a single replacement
channel to which all applicants agree to modify their applications. If
the conflicting applicants cannot jointly agree on whether to submit a
petition for rule making for the same replacement channel, then any
rulemaking petition filed by a member of such group will be dismissed.

New and amended rulemaking petitions submitted during this window filing
opportunity will be subject to our normal notice and comment procedures.
However, new proposals for additional NTSC channel allotments will not
be accepted. Therefore, new parties may not counterpropose a new NTSC
allotment in the same or nearby communities. The opportunity for filing
counterproposals is limited to those parties with existing petitions and
applications that are the subject of this filing window. When a rule
making proceeding has been started by a Notice of Proposed Rule Making,
conflicting proposals must be filed in initial comments, pursuant to the
procedures for consideration of counterproposals.

Associated applications will remain pending as long as there is pending
a petition for rule making seeking an alternate channel. An allotment
Report and Order changing a channel allotment will specify a period of
time for the filing of amendments to pending applications (using FCC
Form 301), for the modified channel allotment. Such amendments to
pending applications will be considered minor and the applications will
retain their original file numbers.

**[Amendments to Applications to Specify DTV Operation on Their Current
Channel]{.underline}**

As noted above, parties with applications pending for new NTSC stations
on channels 52-58 may submit an amendment to their application to
specify DTV operation. Applicants that have filed applications for the
same allotment must decide as a group whether to pursue a channel change
through the petition for rule making process or whether to remain on
their existing channel on channels 52-58 and propose DTV operation. A
party that is part of a group of conflicting applications and which
chooses to remain on its allotted channel must file a separate
corrective amendment to its application to propose DTV operation (or, if
it has filed a settlement agreement, the proposed survivor must file a
single corrective amendment to propose DTV operation for the proposed
surviving application).

**[Interference Protection Requirements]{.underline}**

Amendments and petitions for rule making filed during this window
opportunity must conform with all pertinent legal and technical
requirements, including criteria for interference protection to both
NTSC and DTV stations.[^5] They may include changes in the ERP,
directional antenna pattern, antenna height or site location requested
in the pending application or rule making petition. Proposals to convert
to DTV operation will be evaluated under the criteria for changing an
initial DTV allotment set forth in Section 73.622(a) of the rules.
Specifically, the channel must be in the range from 2 to 58, and DTV and
NTSC stations must be protected by meeting the engineering criteria of
Section 73.623(c) of the rules.[^6] NTSC allotment proposals made
pursuant to this public notice must meet the minimum distance
separations between NTSC stations (47 C.F.R. Section 73.610) and must
protect DTV stations as provided in Section 73.623(c), but without any
allowance to create de minimis interference as defined in Section
73.623(c)(2). Proposals pursuant to this window filing opportunity also
must protect Class A television stations in accordance with the
pertinent NTSC or DTV requirements.[^7] In developing proposed
amendments to the allotment table, petitioners are advised that they
should consider, to the extent possible, authorized LPTV and TV
translator stations.

For further information, contact Shaun Maher of the Mass Media Bureau,
Video Services Division at 202-418-2324 or Gordon Godfrey of the Policy
and Rules Division at 202‑418‑2193.

-FCC-

[^1]: ^?^ *See* Reallocation and Service Rules for the 698-746 MHz
    Spectrum Band (Television Channels 52-59), GN Docket No. 01-74,
    *Report and Order*, FCC 01-364, released January 18, 2002 (*Report
    and Order*).

[^2]: ^?^ *Id.* at ¶ 44. However, the Commission did not dismiss
    petitions for rulemaking proposing new NTSC television allotments on
    channels 52-59 that had been amended to specify a core channel
    (between 2 and 51).

[^3]: ^?^ We remind new digital television licensees on Channels 52 to
    59 that they will be required to move to the core by the end of the
    digital transition.

[^4]: ^?^ *See* Sections 1.401 (c) and (d) and Section 1.420 of the
    Commission's Rules regarding channel allotment matters.

[^5]: ^?^ As used herein, the term "DTV stations" here includes DTV
    allotments, authorized or requested increases in DTV allotment
    facilities and proposals for new or modified DTV allotments.

[^6]: ^?^ Applying these criteria is consistent with the Commission
    action in the *Memorandum Opinion and Order on Reconsideration of
    the Fifth Report and Order* that allows these stations to be
    converted to DTV operation, even if their channel is outside the
    core range of 2 -- 51. *See* *Memorandum Opinion and Order on
    Reconsideration of the Fifth Report and Order* in MM Docket No.
    87-268, 13 FCC Rcd 6860 at 6865 (1998).

[^7]: ^?^ *See* Establishment of Class A Television Service, MM Docket
    No. 00-10, *Report and Order*, 15 FCC Rcd 6355 (2000); *see also* 47
    C.F.R. §§ 73.613 and 73.623(c)(5).