> **DA 08-1213**

##  Released: May 30, 2008

**COMMISSION LIFTS THE FREEZE ON THE FILING OF**

**MAXIMIZATION APPLICATIONS AND PETITIONS FOR**

**DIGITAL CHANNEL SUBSTITUTIONS, EFFECTIVE IMMEDIATELY**

On August 3, 2004, the Media Bureau imposed a freeze on requests from
full power and Class A television stations to maximize facilities or
change DTV channels.[^1] The freeze provided a stable database during
the channel election process and the initial processing of applications
for post-transition digital facilities.[^2] In the *Third DTV Periodic
Report and Order*, the Commission anticipated being able to lift the
freeze in mid-August, 2008, allowing time to process initial
construction permit applications.[^3] The Commission has received
approximately 620 post-transition construction permit applications, and
the Video Division has been processing them in an expedited fashion, on
average 4 days from date of receipt. As a result of the Commission's
successful expedited processing efforts, we have completed our review
of, and have granted all applications, except for those requiring
international coordination or additional information from the
applicant.[^4] As a result, we can lift the freeze on the filing of
maximization applications twelve weeks earlier than originally
anticipated.

Accordingly, we will lift the freeze on the filing of maximization
applications immediately, and we encourage stations to file promptly. We
believe that the public interest is also served by lifting the freeze on
the filing of petitions for rulemaking to allow requests for channel
substitutions to the DTV Table at the same time.[^5] We will not, at
this time, accept petitions for allotment of DTV channels for new
stations, or for changes in community of license.

In addition, we remind stations that have filed for further
reconsideration in the DTV Table of Allotments Proceeding, that they may
now file applications, pursuant to this Public Notice, for authorization
for maximization, if needed to obtain authorization for the facilities
they sought in Docket 87-268.[^6] Stations should take this opportunity
to file maximization applications, rather than rely on the pendency of
their petitions for reconsideration to preserve their ability to
maximize in the future.

With the exception of applications filed pursuant to the *Third Periodic
PN*, which are cut-off as of the date received by the Commission,[^7]
all applications filed from the date of release of this Public Notice
through June 20, 2008, will be treated for cut-off purposes as being
filed on June 20, 2008. In addition, maximization applications that were
filed prior to release of this Public Notice, and that requested a
waiver of the filing freeze (including those that requested more than
the 5-mile extension allowed in certain circumstances by the *Third DTV
Periodic Report and Order*), will be treated for cut-off purposes as
being filed on June 20, 2008. For purposes of determining
mutual-exclusivity, petitions for rulemaking for digital channel
substitutions filed from the date of this Public Notice until June 20,
2008 will also be considered as having been filed on June 20, 2008.
Maximization applications and petitions for digital channel substitution
filed after June 20, 2008 will be considered to have been filed on the
date on which they are received by the Commission.

Under our current DTV processing rules, mutually-exclusive applicants
are provided a 90-day period of time, from the date of a public notice
identifying mutually-exclusive groups, to resolve their
mutual-exclusivity via engineering amendment or settlement.[^8] However,
Congress has mandated that after February 17, 2009, full-power
television broadcast stations must transmit only digital signals.
Stations are not required to complete construction of facilities
maximized pursuant to applications filed in response to this Public
Notice before the transition deadline. However, the public interest
would be served by facilitating completion of maximized facilities
wherever possible. With respect to maximization applications filed
pursuant to this Public Notice, compliance with the 90-day settlement
period will not facilitate this result. Thus, with respect to mutually
exclusive applications filed between now and the end of the statutory
transition deadline, we intend to grant mutually exclusive applications
subject to the condition that the applicants resolve their mutual
exclusivity within 30 days of grant. If the applicants fail to resolve
their mutual exclusivity within 30 days, we will cancel their
construction permits and the applicants will be required to file new
applications.

We emphasize that the mere filing and pendency of a maximization
application or petition for digital channel substitution will not excuse
a station's compliance with the construction deadlines for full,
authorized DTV facilities established in the *Third DTV Periodic Report
and Order*.[^9] While we have adopted procedures herein to facilitate
expeditious processing of applications and petitions, the Commission may
require further information for applications that are not readily
grantable, and stations should take all steps necessary to promptly
submit any additional information requested by the staff.

FCC Forms 301 and 340 must be filed electronically using the
Commission's Consolidated Database System ("CDBS") Electronic Filing
system via the Internet from the Media Bureau's Web site at:
<http://www.fcc.gov/mb/cdbs.html> or
<http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/cdbs_ef.htm>. In order to
complete electronic filing, all applicants must indicate on the
electronic pre-form whether they are filing a maximization application.
Petitions for rulemaking with respect to channel substitution must be
filed with the Office of the Secretary and an electronic copy sent to
<joyce.bernstein@fcc.gov> and <ron.graser@fcc.gov>.

We also take this opportunity to clarify the exact time of day for
expiration of post-transition construction permits. The CDBS automated
filing system has issued post-transition DTV construction permits with
an expiration of February 17, 2009 at 3:00 a.m. local time. We hereby
extend the expiration of all of these permits to February 17, 2009,
11:59:59 p.m. local time.

For further information, contact the Media Bureau's Video Division:
Hossein Hashemzadeh, <hossein.hashemzadeh@fcc.gov>, at (202) 418-1658,
Kevin Harding, <kevin.harding@fcc.gov>, at (202) 418-7077, or Nazifa
Sawez, <nazifa.sawez@fcc.gov>, at (202) 418-7059. TTY: (202) 418-7171.

**-FCC-**

[^1]: *See* Public Notice, "Freeze on the Filing of Certain TV and DTV
    Requests for Allotment or Service Area Changes, 19 FCC Rcd 14810 (MB
    2004). The freeze precluded parties from filing: (i) petitions for
    rulemaking to change DTV channels within the current DTV Table; (ii)
    petitions for rulemaking to establish a new DTV channel allotment;
    (iii) petitions for rulemaking to swap in-core DTV and NTSC
    channels; (iv) applications to change DTV allotments among two or
    more licensees; (v) petitions for rulemaking by licensees/permittees
    to change NTSC channels or communities of license; (vii)
    applications to maximize DTV or analog TV facilities; and (viii)
    certain Class A television station applications.

[^2]: *See Second Periodic Review of the Commission's Rules and Policies
    Affecting the Conversion to Digital Television*, 19 FCC Rcd 18308
    (2004). The *Report and Order in the Third Periodic Review of the
    Commission's Rules and Policies Affecting the Conversion to Digital
    Television* allowed limited exceptions to the freeze for stations
    needing to request authority to construct their authorized
    post-transition facilities, or to modify their existing facilities
    to comply with the post-transition DTV Table Appendix B facilities.

[^3]: *See Third Periodic Review of the Commission's Rules and Policies
    Affecting the Conversion to Digital Television*, 23 FCC Rcd 2994,
    3059 at 3063 and n. 457 (2007) ("*Third DTV Periodic Report and
    Order*").

[^4]: Public Notice, *Third DTV Periodic Report and Order Published in
    Federal Register Today*, 23 FCC Rcd 906 at 907-08 (2008)("*Third
    Periodic PN*") (describing procedures and timing for filing FCC
    Forms 301 and 340 to construct post-transition digital facilities).
    Licensees that have not yet filed applications permitted by the
    *Third Periodic PN* are reminded that they are required to submit
    these applications no later than June 19, 2008. We will continue to
    process those applications that remain pending, and those that
    continue to be filed over the next few weeks. We anticipate that for
    any of these applications filed by June 6, 2008, we can complete our
    review by June 19, 2008 unless the application requires
    international coordination.

[^5]: We will issue a public notice in the near future lifting the
    freeze on the filing of certain applications for Class A television
    stations, after the close of this filing window.

[^6]: *Memorandum Opinion and Order on Reconsideration of the Seventh
    Report and Order and Eighth Report and Order*, MB Docket No. 87-268,
    *Memorandum Opinion and Order and Report and Order*, FCC 08-72 (rel.
    March 6, 2008). In acting on certain petitions for reconsideration,
    the Commission recognized that while it could not make all of the
    changes requested by the petitioners in the rulemaking proceeding,
    many of the petitioners would be able to seek relief in the initial
    application process or after the freeze on the filing of
    maximization applications was lifted.

[^7]: *See* 47 C.F.R. § 73.623(h). Applications that are "cut-off" are
    entitled to interference protection from subsequently filed
    proposals.

[^8]: 47 C.F.R. § 73.623(h)(3).

[^9]: *Third DTV Periodic Report and Order*, 13 FCC Rcd at 3014.