**DA 05-1636**

**June 15, 2005**

**DTV Channel Election Issues -- Compliance with the July 1, 2005
Replication/Maximization Interference Protection Deadline; Stations
Seeking Extension of the Deadline**

In paragraph 78 of the *Second DTV Periodic Review Report and Order*,
released September 7, 2004 (19 FCC Rcd 18,279) ("*Order"*), the
Commission established the following deadlines for stations to construct
and operate digital facilities in order to retain interference
protection within their replication or maximization service areas:

> July 1, 2005 -- Use-it-or-lose-it deadline for DTV licensees
> affiliated with the top-four networks (*i.e.*, ABC, CBS, Fox, and NBC)
> in markets 1-100. Those licensees that receive a tentative channel
> designation in the channel election process on their current digital
> channel must construct full, authorized facilities. Those licensees
> that receive a tentative DTV channel designation on a channel that is
> not their current DTV channel must serve at least 100 percent of the
> number of viewers served by the 1997 facility on which their
> replication coverage was based.
>
> July 1, 2006 -- Use-it-or-lose-it deadline for all other commercial
> DTV licensees as well as noncommercial DTV licensees. Those licensees
> that receive a tentative DTV channel designation in the channel
> election process on their current digital channel must construct full,
> authorized DTV facilities. Those licensees that receive a tentative
> DTV channel designation on a channel that is not their current DTV
> channel must serve at least 80 percent of the number of viewers served
> by the 1997 facility on which their replication coverage was based.

The *Order* states that a station that fails to meet the applicable
replication/maximization requirements will lose interference protection
to the unused portion of the associated area as of the applicable
interference protection deadline. In addition, a station failing to meet
the deadline will lose the ability to "carry over" its interference
protection to its unserved DTV service area on its post-transition
channel (*e.g*., its in-core NTSC channel or other channel awarded
pursuant to the channel election process). *Order*, 19 FCC Rcd 18,279, ¶
85.

Except in unusual and limited circumstances, for stations subject to the
July 1, 2005 deadline the Commission will cease providing interference
protection as described in the *Order* after the deadline. The *Order*
provides that the Commission may grant a waiver in the form of a
temporary extension on a six-month basis if good cause is shown for
stations that are unable to provide the required service by the
applicable deadline because of severe financial constraints or
circumstances beyond a station's control. The *Order* states that
broadcasters seeking a waiver on the basis of financial hardship must
make a showing similar to that required to obtain an extension of the
DTV construction deadlines on financial hardship grounds. *Order*, 19
FCC Rcd 18,279, ¶ 87.

[Compliance with the Replication/Maximization Interference Protection
Deadline]{.underline}

Unless a station has been granted a waiver of the July 1, 2005
interference protection deadline by the Commission, a station subject to
that deadline must either have a license for its operating facilities by
July 1, 2005 or by that date file with the Commission a license
application or an application for modification to be followed shortly by
a license application. A station with an existing license that will
remain on its DTV channel post-transition must be operating at the power
level specified in the license by July 1, 2005 in order to meet the
deadline.

A station subject to the July 1, 2005 deadline that intends to operate
at facilities different from those authorized in an outstanding license
or construction permit must file by July 1, 2005 an application for
modification of the license or permit that is consistent with the
outstanding DTV freeze (DA 04-2446, rel. August 3, 2004). These stations
must subsequently file a license application for these facilities.

[Requests for Waiver of the Replication/Maximization Interference
Protection Deadline]{.underline}

Licensees that want to request a waiver of the July 1, 2005
replication/maximization interference protection deadline based on
severe financial constraints or circumstances beyond their control must
file such requests with the Commission no later than July 1, 2005.
Requests should be made in letter format, should reference MB Docket No.
03-15, and should be filed electronically using the ECFS. A copy of each
waiver request must also be delivered to Shaun Maher, Federal
Communications Commission, Room 2-A820, 445 12^th^ Street, S.W.,
Washington, D.C. 20554. Requests for extension of an outstanding STA may
be filed as part of a request for waiver of the replication/maximization
interference protection deadline. The STA will automatically be extended
pending action on the waiver request. An outstanding construction permit
for facilities for which a request for waiver of the
replication/maximization interference protection deadline has been filed
will also be extended automatically pending action on the waiver
request.

The filing of a request for waiver of the replication/maximization
interference protection deadline will automatically toll the deadline
pending consideration of the request. The Media Bureau has the authority
to grant up to two 6-month extensions of the deadline using criteria
similar to that for DTV construction deadline extension requests
(*i.e*., severe financial constraints or circumstances beyond a
station's control). *See First DTV Periodic Review Memorandum Opinion
and Order on Reconsideration,* 16 FCC Rcd 20594, 20611-20612 (2001).
Subsequent extension requests must be approved by the Commission.

Several stations have indicated that they may be able to come close to
meeting the applicable replication or maximization requirements but
cannot reach 100% replication or maximization. For example, some
stations with a top-mounted analog antenna and a side mounted digital
antenna state that they cannot completely replicate their analog signal
in digital without switching the antennas, which would cause some analog
viewers to lose service. For stations in this situation, the following
should be addressed in submitting a request for waiver of the
interference protection deadline: (1) how close to full
replication/maximization the station will be as of the deadline; (2) the
reason the station is unable to fully comply; (3) the cost to the
station and the impact on viewers if the station were required to fully
comply; (4) whether the station will be able to modify its operation to
fully comply after analog operation terminates (*e.g*., relocate their
DTV antenna to the top of the tower); and (5) any other relevant
factors.

[Impact of Other Build-Out Deadlines]{.underline}

In paragraph 111 of the *Order*, the Commission requires stations that
have not received a DTV construction permit to build the facilities they
were allotted in the 1998 DTV Table of Allotments ("checklist"
facilities) by August 4, 2005. For stations in this category subject to
the July 1, 2005 replication/maximization interference protection
deadline, the deadline for replication or maximization in connection
with this checklist facility will automatically be extended to August 4,
2005. Stations that are unable to meet the August 4 deadline must file a
request for waiver of the deadline no later than August 4, 2005.
Requests should be made in letter format, should reference MB Docket No.
03-15, and should be filed electronically using the ECFS. A copy of each
waiver request must also be delivered to Shaun Maher, Federal
Communications Commission, Room 2-A820, 445 12^th^ Street, S.W.,
Washington, D.C. 20554.

The filing of a request for waiver of the interference protection
deadline will automatically toll the deadline pending consideration of
the waiver. The Media Bureau has the authority to grant up to two
6-month extensions of the deadline using criteria similar to that for
DTV construction deadline extension requests (*i.e*., severe financial
constraints or circumstances beyond a station's control). Subsequent
requests must be approved by the Commission. Pursuant to paragraph 113
of the *Order,* any such request must relate to the checklist facility,
not the pending non-checklist application.

As indicated in paragraph 113 of the *Order*, stations with pending DTV
CP applications that build checklist facilities in a timely manner may
continue to pursue their non-checklist (*e.g*., maximization)
applications on file with the Commission. The deadlines for use-or-lose
interference protection and for building checklist facilities do not
apply to the facility requested in the non checklist application.

A number of stations have construction permits with deadlines that
extend beyond the July 1 replication/maximization interference
protection deadlines. As stated in paragraph 84 of the *Order*, these
stations must meet the replication/maximization interference protection
deadline by the expiration date specified in their construction permit.
Thus, for example, a station with a construction permit that expires on
September 1, 2005 will automatically have its replication/maximization
interference protection deadline extended to September 1, 2005. If that
station cannot meet the September 1 deadline, it must file a waiver
request no later than September 1. The filing of such a request
automatically tolls the construction deadline pending consideration of
the request.

For stations that receive construction permits that extend beyond
December 31, 2006, the Commission will state on the grant that the
permit expires on the appropriate date "or the end of the digital
television transition, whichever occurs first." Any existing
construction permits that extend beyond December 31, 2006 will be
modified accordingly.

For additional information, contact Kim Matthews or Joyce Bernstein of
the Policy Division, Media Bureau, at (202) 418-2120 or at
<kim.matthews@fcc.gov> or joyce.bernstein@fcc.gov. TTY: (202) 418-7172.

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