**Before the**

Federal Communications Commission

Washington, D.C. 20554

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Notice of proposed Rulemaking

**Adopted: April 25, 2007 Released: May 18, 2007**

**Comment Date: \[30 days after date of publication in the Federal
Register\]**

**Reply Comment Date: \[45 days after date of publication in the Federal
Register\]**

By the Commission: Chairman Martin, Commissioners Copps, Adelstein,
Tate, and McDowell issuing

separate statements.

Table of Contents

Heading Paragraph \#

I. introduction 1

II\. Executive summary 2

III\. BACKGROUND 3

IV\. PROGRESS REPORT 7

A. Status of DTV Operations 8

B. Status of Consumer Capability to Receive DTV Signals 12

C. Status of Broadcasters' Transition 16

1\. Category One: Stations remaining on their current DTV in-core
channel 21

2\. Category Two: Stations returning to their analog in-core channel 24

3\. Category Three: Stations moving to a completely new in-core channel
28

4\. Singleton stations 29

V. Issue Analysis 33

A. Reduction and Termination of Analog Service 37

B. Return of Pre-Transition DTV Channel; Flash Cut Requests 48

C. Construction Deadline for Full, Authorized DTV Facilities 53

1\. Stations Whose Post-Transition Channel is Different From Their
Pre-Transition DTV Channel 60

2\. Stations Whose Post-Transition Channel is the Same as Their
Pre-Transition DTV Channel 67

3\. Other Situations 72

4\. Extension/Waiver of DTV Construction Deadlines 79

5\. Early Transition 88

6\. Additional Proposals to Provide Regulatory Relief 89

D. Applications to Construct or Modify DTV Facilities 92

E. Expanding Facilities 97

F. Interference Standards 100

1\. Proposed Interference Criteria 103

2\. Pre-Transitional Operations 113

G. Other Issues 114

1\. DTV Transmission Standard (ATSC A/53) 114

2\. Program System and Information Protocol ("PSIP") Standard 117

3\. Fees for Ancillary and Supplementary Services 120

4\. Station Identification 121

5\. Coordination with Cable Operators, Satellite Systems and Other MVPD
Providers 124

VI\. Procedural Matters 126

A. Initial Regulatory Flexibility Act Analysis 126

B. Initial Paperwork Reduction Act of 1995 Analysis 127

C. Ex Parte Rules 131

D. Filing Requirements 132

VII.Ordering Clauses 138

APPENDICES

Appendix A - Proposed Rule Changes

Appendix B - Proposed Changes to FCC Forms

Appendix C - Initial Regulatory Flexibility Act Analysis

Appendix D - List of Stations Believed Ready to Commence Post-Transition
Operations

# introduction

1.  Congress has mandated that after February 17, 2009, full-power
    broadcast stations must transmit only in digital signals, and may no
    longer transmit analog signals.[^1] With this Notice of Proposed
    Rule Making ("Notice"), we begin our third periodic review of the
    transition of the nation's broadcast television system from analog
    to digital television ("DTV").[^2] We conduct these periodic reviews
    in order to assess the progress of the transition and make any
    necessary adjustments to the Commission's rules and policies to
    facilitate the introduction of DTV service and the recovery of
    spectrum at the end of the transition. Here, we consider how to
    ensure that broadcasters complete construction of their final,
    post-transition (digital) facilities by the statutory deadline.

# Executive summary

2.  In this Third DTV Periodic Review, we (1) provide a progress report
    on the transition; (2) describe the status and readiness of existing
    stations to complete the transition; (3) analyze and propose the
    procedures and rule changes necessary to complete the transition;
    and (4) address other issues related to the transition. Stations
    that have not completed construction of their post-transition
    channels must focus their full attention on the construction efforts
    necessary to move from analog to digital transmission no later than
    the February 17, 2009 deadline established by Congress.
    Specifically, we propose the following actions to facilitate the
    transition for full-power television stations:[^3]

-   We tentatively conclude that February 17, 2009 will be the
    construction deadline for stations that are building digital
    facilities based on their new channel allotments in the new DTV
    Table of Allotments ("DTV Table") and accompanying Appendix B ("new
    DTV Table Appendix B"), which will be established by an order in the
    Commission's DTV proceeding, MB Docket No. 87-268 (*i.e.*, stations
    whose DTV channel for pre-transition operation is not their channel
    for post-transition use).[^4] \[Section V.C.1. and proposed rule 47
    C.F.R. § 73.624(d)(1)(v) in Appendix A\]

-   We propose that stations whose post-transition channel is the same
    as their pre-transition DTV channel, who are not facing unique
    technical challenges, and who are granted either an extension in the
    *Construction Deadline Extension Order* or a waiver in the
    *Use-or-Lose Order* must complete construction of their DTV
    facilities by the deadline established in those orders (*i.e.*, six
    months from the release date of the orders). These stations have had
    their post-transition channel assignments for several years.
    \[Section V.C.2.\]

-   We propose that February 17, 2009 will be the construction deadline
    for stations facing unique technical challenges, such as those with
    side-mounted digital antennas or similar situations in which the
    operation of their analog service prevents the completion of their
    full, authorized digital facilities. \[Section V.C.3.\]

-   We tentatively conclude that stations that have not completed
    construction of full, authorized facilities on their pre-transition
    channel may be excused from completion of construction if this is
    not their post-transition channel.[^5] These stations will be
    permitted to carry-over protection to their full, authorized
    facilities. \[Section V.C.1.\]

-   We propose to restrict the situations in which grants of an
    extension of time to construct digital facilities will be considered
    for construction deadlines prior to the end of the transition. In
    addition, beginning February 17, 2009, we propose to apply the
    existing "tolling" standard applied to analog stations to requests
    for additional time to construct digital facilities and will toll
    the construction deadline only in limited and unavoidable
    circumstances. \[Section V.C.4. and proposed rule 47 C.F.R. §
    73.624(d)(3) in Appendix A\]

-   We propose to require all full-power television stations to file a
    form with the Commission detailing their current transition status,
    additional steps necessary in order to be prepared for digital-only
    operation on February 17, 2009, and a timeline for making those
    steps. \[Section V., ¶ 35 and Appendix B\]

-   We consider whether and, if so, under what circumstances we should
    accept new requests by stations to return their pre-transition-only
    DTV channel (*i.e.*, a DTV channel that is not their final,
    post-transition channel) before the end of the transition and "flash
    cut" from their analog channel to their post-transition channel.
    \[Section V.B.\]

-   We examine the circumstances in which a station may be allowed to
    reduce or terminate its analog service to facilitate construction of
    its final, DTV facility on its post-transition channel. \[Section
    V.A.\]

-   We propose to allow stations to operate on newly allotted
    post-transition facilities before the transition deadline provided
    they would not interfere with existing, pre-transition service.
    \[Section V.C.5.\]

-   We request comment on additional proposals to provide stations with
    regulatory flexibility to facilitate stations' construction of their
    post-transition facilities by the statutory deadline. \[Section
    V.C.6.\]

-   We propose to offer expedited processing to a station applying for a
    CP to build its post-transition channel, provided that its
    application (i) does not seek to expand the station's noise-limited
    service contour in any direction beyond that established by the new
    DTV Table Appendix B; (ii) specifies facilities that match or
    closely approximate those new DTV Table Appendix B facilities
    (*i.e.*, if the station is unable to build precisely the facilities
    specified in the new DTV Table Appendix B, then it must apply for
    facilities that deviate no more than five percent from those new DTV
    Table Appendix B facilities with respect to predicted population);
    and (iii) is filed within 45 days of the effective date of Section
    73.616 of the rules adopted in the Report and Order in this
    proceeding. We propose to revise FCC Forms 301 and 340 accordingly.
    \[Section V.D. and Appendix B\]

-   We tentatively conclude that we will not accept applications to
    expand post-transition facilities until we have completed processing
    the applications to build authorized facilities, but we seek comment
    on ways to consider expansion applications sooner without delaying
    the transition. \[Section V.E.\]

-   We tentatively conclude to adopt a new 0.5 percent interference
    standard to apply to maximizations and to new channel allotments
    after the transition. \[Section V.F. and proposed rule 47 C.F.R. §
    73.616 in Appendix A\]

-   We propose to update the Commission's rules to reflect any revisions
    to the ATSC standards concerning DTV transmission and PSIP since the
    adoption of the *Second DTV Periodic Report and Order*. \[Sections
    V.G.1. and V.G.2. and proposed rule 47 C.F.R. § 73.882(d) in
    Appendix A\]

-   We seek comment on whether the Commission can and should revise
    Section 73.624(g) to require DTV stations that are permittees
    operating pursuant to a DTV STA or other FCC authorization for DTV
    transmission to file FCC Form 317 and pay fees on any revenue
    derived from feeable ancillary or supplementary services in the same
    way required of DTV licensees. \[Section V.G.3.\]

-   We invite comment on whether further amendments are needed to the
    station identification rules and, in particular, whether the current
    rules provide for appropriate identification of multicast channels.
    \[Section V.G.4.\]

-   We invite comment on whether coordination is needed between
    broadcasters and MVPDs to ensure a smooth transition, whether this
    coordination is underway, and what actions the Commission should
    take to assist broadcasters with their coordination efforts.
    \[Section V.G.6.\]

# BACKGROUND

3.  Congress specifically requires the Commission to evaluate the
    progress of the nation's transition to digital television.[^6] The
    first DTV periodic review began in March 2000[^7] and the second in
    January 2003.[^8] In addition to these periodic reviews, the
    Commission has continued to conduct its DTV proceeding, through
    which it has developed new channel allotments and assignments.[^9]
    The Commission recently issued a *Seventh FNPRM* in connection with
    the DTV proceeding.[^10]

4.  The *Second DTV Periodic Report and Order* established a three-round
    channel-election process through which eligible broadcast licensees
    and permittees (collectively, "licensees") selected their
    post-transition channels inside the core TV spectrum (*i.e.*,
    channels 2-51).[^11] At the start of this process, licensees
    proposed their post-transition facilities.[^12] After each channel
    election round, the Commission announced proposed post-transition
    channels -- called tentative channel designations ("TCDs").

5.  The channel election process culminated in the adoption of the
    *Seventh FNPRM*, which proposed a new DTV Table.[^13] The proposed
    new DTV Table provides eligible stations with channels for
    post-transition operations inside the core TV spectrum. The DTV
    Table is based on the TCDs announced for stations, as well as the
    Commission's efforts to promote overall spectrum efficiency and
    ensure that broadcasters provide the best possible service to the
    public, including service to local communities.[^14] The proposed
    DTV Table will ultimately replace the current DTV Table.[^15]

6.  In early 2006, Congress enacted significant statutory changes to the
    DTV transition in the DTV Act. Most importantly, it set February 17,
    2009, as the date certain for the end of the DTV transition, at
    which time all full-power television broadcast stations must cease
    their analog transmissions.[^16] The DTV Act does not provide for
    waivers or extensions of this deadline for cessation of analog
    broadcasts.[^17] The DTV Act also requires broadcast licensees to
    cease operations outside the core spectrum after February 17, 2009
    in order to make that spectrum available for public safety and
    commercial wireless uses.[^18] Full-power TV broadcast stations must
    be operating inside the core TV spectrum and only in digital upon
    the end of the transition on February 17, 2009.[^19]

# PROGRESS REPORT

7.  The transition to DTV is a complex undertaking, affecting virtually
    every segment of the television industry and every American who
    watches television. The Commission has been facilitating the
    migration to DTV by adopting a standard for digital broadcasting,
    creating an initial DTV Table, awarding DTV licenses, establishing
    operating rules for the new service, monitoring the physical
    build-out of DTV broadcast stations, and helping to educate
    consumers about the transition. At the end of the transition,
    television broadcast operations will be limited to the core TV
    spectrum,[^20] enabling the recovery of a total of 108 MHz of
    spectrum (*i.e.*, TV channels 52-69).[^21] Twenty-four megahertz of
    spectrum currently used for TV broadcast channels 63, 64, 68, and 69
    have been reallocated for critically important public safety needs.
    The remaining 84 MHz (currently TV broadcast channels 52-62 and
    65-67) have been or will be auctioned for new wireless
    services.[^22]

## Status of DTV Operations

8.  In 1997, the Commission granted eligible licensees a paired channel
    for digital operations during the transition and set dates for
    construction and operation of broadcasters' facilities on their
    allotted DTV channels.[^23] Pursuant to the construction schedule
    set forth in Section 73.624(d) of the Commission's rules, affiliates
    of the top four networks in the top ten television markets were
    required to complete construction of their DTV facilities by May 1,
    1999; top four network affiliates in markets 11-30 by November 1,
    1999; all remaining commercial television stations by May 1, 2002;
    and all noncommercial educational ("NCE") television stations by May
    1, 2003.[^24]

9.  As of April 2, 2007, 1,702 television stations in all markets
    (representing approximately 98.8 percent of all stations) have been
    granted a DTV construction permit ("CP") or license.[^25] A total of
    1,603 stations are now broadcasting a digital signal. Of these,
    1,215 stations are authorized with licensed facilities or program
    test authority and 388 stations are operating pursuant to special
    temporary authority ("STA") or experimental DTV authority.

10. In the top 30 television markets, all 119 top-four
    network-affiliated television stations are on the air in digital,
    110 with licensed DTV facilities or program test authority and nine
    with STAs. In markets 1-10, all 40 top-four network affiliated
    stations are providing digital service, 38 with licensed DTV
    facilities and two with STAs. In markets 11-30, all top-four 79
    network affiliated stations are providing DTV service, 74 with
    licensed DTV facilities and five with STAs.

11. Approximately 1,230 commercial television stations were due to
    commence digital broadcasts by May 1, 2002. As of April 2, 2007,
    1,136 of these stations (92.4 percent) are broadcasting a digital
    signal. In addition, approximately 373 NCE television stations were
    required to commence digital operations by May 1, 2003. As of April
    2, 2007, 348 (93.3 percent) of these stations are broadcasting a
    digital signal.[^26]

## Status of Consumer Capability to Receive DTV Signals 

12. In connection with the 2006 Competition Report, the Commission
    requested information about the number of households relying solely
    on over-the-air broadcast television for programming.[^27] In
    comments filed to that proceeding, the National Association of
    Broadcasters ("NAB") indicated that there are approximately 69
    million television sets are not connected to any MVPD service.[^28]
    Specifically, NAB reported that nearly 19.6 million households rely
    solely on over-the-air broadcast television, and there are
    approximately 45.5 million sets in those homes.[^29] NAB states that
    "in these 19.6 million over-the-air households, there are
    approximately 1.3 million over-the-air digital sets." Thus,
    according to NAB, "\[t\]here are roughly 18.7 million over-the-air
    households with only analog sets, and these households have about
    44.2 million analog sets." NAB reports that an additional 23.5
    million television sets in 14.7 million MVPD households remain
    unconnected to the MVPD service. NAB states that this 2006 data
    showing large numbers of over-the-air television sets is consistent
    with two surveys conducted in 2005.[^30]

13. The demand for DTV sets has grown with increased availability of DTV
    programming and receiving equipment and a steady drop in the price
    of such equipment. The Consumer Electronics Association ("CEA")
    reports that the consumer electronics industry has invested \$66.7
    billion in DTV products since 1998.[^31] Moreover, CEA reports more
    than \$75 billion in consumer investment in DTV products. According
    to CEA, 23.9 million DTV sets and monitors were sold in 2006. CEA
    predicts that 29.2 million DTV products will be sold in 2007, 33.4
    million in 2008, 35.2 million in 2009 and 36.4 million in 2010.[^32]
    CEA estimates that DTV sales will represent 69 percent of all TV
    sales in 2006.[^33]

14. In order to promote the availability of reception equipment and
    protect consumers by ensuring that their television sets continue to
    work in the digital world just as they do today, the Commission
    established a DTV tuner mandate, which requires, as of March 1,
    2007, that all television receiver equipment (*e.g.*, TV sets (all
    sizes), VCRs, digital video recorders, and any other TV receiving
    devices) manufactured or shipped in interstate commerce or imported
    into the United States, for sale or resale to the public, must be
    capable of receiving the signals of DTV broadcast stations
    over-the-air.[^34]

15. In addition, subsidized digital-to-analog ("D-to-A") converter boxes
    will be available to eligible consumers starting January 2008,
    further promoting access to digital reception equipment.[^35] This
    subsidy program, which was created by the DTV Act, will allow
    consumers with analog-only TV sets to receive over-the-air broadcast
    programming after the February 17, 2009 transition date, when analog
    broadcasting ends. Without a D-to-A converter box, consumers will
    not be able to view full-power TV broadcasts after the transition
    date unless they purchase DTV sets (television sets with a built-in
    digital tuner) or subscribe to a pay television service. Congress
    directed the National Telecommunications and Information
    Administration ("NTIA") of the U.S. Department of Commerce to
    administer this subsidy program.[^36] In March 2007, NTIA issued
    final rules to implement the program, which subsidizes the purchase
    of D-to-A converter boxes.[^37]

## Status of Broadcasters' Transition

16. Stations are responsible for meeting the statutory deadline for the
    DTV transition. The Commission has no discretion to waive or change
    this transition date.[^38] Full-power broadcast stations not ready
    to commence digital operations upon expiration of the deadline for
    the transition on February 17, 2009 must go dark and risk losing
    their authorizations to operate after the transition date.[^39]

17. We have proposed post-transition channel assignments for all
    eligible stations.[^40] In the proposed new DTV Table, 1,812
    stations received proposed post-transition DTV channels.[^41] Of
    these, 1,178 stations received the DTV channel on which they are
    currently authorized, 517 stations received the NTSC channel on
    which they are currently authorized, and 117 stations received a
    different channel from which they are currently authorized.

18. The process of transitioning the entire TV broadcast industry to
    digital-only operation on each station's final channels will be
    complex. Accordingly, stations already should be planning their
    transition to digital-only service on their post-transition channel.
    Some stations may now be ready, or very close to ready, to make
    their transition. We have provided a list of 752 stations in
    Appendix D hereto that we believe fall into this category and seek
    input from those stations regarding our assessment.[^42]

19. Most stations, however, will need to take significant steps to
    accomplish their transition. Stations' situations will vary based on
    their final channel assignments in the new DTV Table and whether,
    and if so to what extent, they must change their transmission
    facilities to operate on their post-transition channels. As
    described below, stations may seek to change their antenna or tower
    locations.[^43] Stations may also need to change their effective
    radiated power (ERP), antenna height above average terrain (HAAT) or
    antenna pattern as set forth in the new DTV Table Appendix B, as
    adopted.

20. Before discussing the issues that must be addressed to complete the
    transition, we first categorize the circumstances that stations are
    in to describe what stations in each group must accomplish. First,
    there are stations that will remain on their current DTV in-core
    channel. Second, there are stations that will return to their analog
    in-core channel. Third, there are stations that will move to a
    completely new in-core channel. In addition to these three general
    categories, stations without a paired channel ("singleton
    stations")[^44] that will flash cut[^45] from broadcasting on their
    analog channel to broadcasting on a digital channel raise unique
    issues that we will consider separately. We seek comment on these
    categories and circumstances in general and on the particular
    tentative conclusions, proposals and queries in the Issue Analysis
    (section V), below.

### Category One: Stations remaining on their current DTV in-core channel

21. There are 1,178 stations remaining on their current DTV in-core
    channel for post-transition operations, based on the proposed new
    DTV Table.[^46] Most of these stations will have a relatively simple
    transition because they already have the authorizations necessary to
    operate at their proposed post-transition facilities as specified in
    the proposed new DTV Table Appendix B. In fact, many of these
    stations have already constructed and received licenses for their
    post-transition facilities,[^47] and so will simply turn off their
    analog service to complete their transition.

22. Some stations in this category, however, may not have completed
    their authorized construction. This would include a station that has
    not built anything and has a CP or extension of its "checklist"
    deadline[^48] and a station that has constructed a reduced facility
    and is operating pursuant to Special Temporary Authority ("STA"). In
    addition to turning off their analog service, these stations may
    need to make changes to match their post-transition facilities as
    specified in the new DTV Table Appendix B. The difficulty faced by
    these stations will depend on the type of change and degree of
    change required to complete their authorized construction.[^49]

23. Furthermore, some of these stations may have pending applications
    with unresolved international coordination issues. Licensees in this
    category with pending applications should consult with the
    Commission staff about the timing for action on their applications.
    In addition, they should coordinate with Commission staff regarding
    necessary modifications to their applications that will result in
    international approval. They may need to proceed with constructing
    authorized facilities to the extent approved by Canada or Mexico if
    the issues delaying action on their applications cannot be resolved
    in time to allow construction to be completed before the end of the
    transition.[^50]

### Category Two: Stations returning to their analog in-core channel

24. There are 517 stations that will return to their current analog
    in-core channel for post-transition operations, based on the
    proposed new DTV Table.[^51] Stations in category two may face each
    of the category one challenges involving tower construction, antenna
    replacement or relocation, and transmitter replacement or power
    adjustments.

25. In addition, these stations may need to determine whether they can
    use any of their analog or digital transmission equipment (*e.g.*,
    transmitter, transmission line or waveguide, and antenna).[^52] If a
    station finds it has a transmitter that it could use, it will also
    need to determine whether that transmitter can provide the
    appropriate power level. It is our understanding that a station that
    is going to stay within a spectrum band (low-VHF, high-VHF or UHF)
    and change its frequency within 5 or 6 channels (36 MHz or less)
    will most likely require fewer technical changes than if the change
    of broadcast frequency is more than 6 channels.[^53] We expect that
    channel moves of fewer than 5 or 6 channels may require only minor
    modifications to the station's digital transmitter, whereas more
    significant changes may require major modifications or an entirely
    new transmitter.[^54] We seek comment on these assumptions.

26. Stations that will return to their current analog channel also may
    need to determine whether their current analog or DTV antenna can be
    used. Generally, the design, condition and channel of operation of
    their current antennas, as well as the stations' directional antenna
    characteristics established in the new DTV Table Appendix B, as
    adopted, must be considered when these stations evaluate the
    suitability of their antennas for post-transition DTV operation. The
    ability of these stations to use an existing digital antenna may
    depend upon how significant the change in channel numbers will be
    for these stations as they move from their current DTV channel back
    to their current analog in-core channel. It is our understanding
    that channel moves of more than 5 or 6 channels will likely require
    a new antenna and transmission line or new waveguide.[^55] We seek
    comment on these assumptions.

27. These stations also must consider the impact on their analog TV
    service, which might be disrupted entirely or limited in reach to a
    smaller area during periods of work on the tower. For example, a
    temporary reduction in coverage might be due to reduced power analog
    TV operation at a backup site in order to facilitate construction on
    the main tower facility.[^56]

### Category Three: Stations moving to a completely new in-core channel

28. There are 117 stations that will move to a completely new in-core
    channel for post-transition operations, based on the proposed new
    DTV Table.[^57] These stations face similar challenges to those
    returning to their analog (in-core) channel. In addition, these
    stations will need to coordinate with other stations to complete
    their move. For example, another station may occupy the relocating
    station's post-transition channel or it may occupy an adjacent
    channel (located in the same or a nearby area) to the relocating
    station's post-transition channel. Also, these stations may find
    that their tower site cannot support three antennas at once, as may
    be necessary to accommodate their current analog and DTV operations
    while preparing for broadcasting on their post-transition channel.

### Singleton stations

29. There are 137 stations that do not have a paired channel (*i.e.*,
    stations that do not have both an analog and a digital channel),
    based on the proposed new DTV Table. These stations are commonly
    referred to as "singletons." These stations fit in one of the
    preceding three categories, but they may encounter different
    challenges and circumstances that deserve special consideration in
    this review. Specifically, for this discussion, "singletons"
    include (1) those stations described in footnote 101 of the *Second
    DTV Periodic Report and Order* as licensees that did not receive a
    second or "paired" channel to use during the transition to
    DTV;[^58] (2) those stations that had a paired DTV channel and that
    we authorized to discontinue providing analog TV service;[^59] (3)
    those paired-channel stations that gave up their interim DTV channel
    pursuant to "flash cut" approval;[^60] and (4) those paired-channel
    stations that we propose to allow to "flash cut."[^61] Singletons
    include DTV and analog TV stations, and can be unbuilt, operating at
    reduced facilities, or fully constructed and licensed. Analog TV
    singletons will be flash cutting from broadcasting on their analog
    channel to broadcasting on a digital channel. Flash-cutting often
    will involve singletons ending their analog TV operation and
    beginning their DTV operation on their current analog channel, but
    in some cases will require that a station change to a new channel
    for post-transition operation. Singleton stations, like those with
    paired channels, are responsible to ensure that they have completed
    the construction of their digital facilities by the February 17,
    2009 deadline, except for stations whose initial CPs expire
    later.[^62] After February 17, 2009, stations that have not
    constructed analog facilities may only construct digital facilities
    on their post-transition channel.

30. Singleton licensees and permittees should have a post-transition
    channel in the proposed new DTV Table and proposed facilities
    specified in the proposed new DTV Table Appendix B, provided such
    permittee status is announced by Public Notice before the order
    establishing the new DTV Table is adopted.[^63] DTV singletons
    remaining on their current DTV channel for post-transition
    operations face the same challenges identified in category one
    above. These stations must complete authorized construction
    consistent with the new DTV Table Appendix B, as adopted. Stations
    that have done so and are operating and licensed need not take any
    further steps at this time. DTV singletons that have not completed
    construction must do so as discussed below.[^64] A few DTV
    singletons are moving to different channels in the new DTV Table,
    including some currently authorized for out-of-core operations. In
    addition to the potential challenges described for paired stations
    going to a new channel for post-transition operation (category three
    in the preceding section), unbuilt DTV singletons must complete
    their required construction by their CP expiration date, whether
    that date is before or after the transition deadline.

31. Analog singletons that will remain on their currently authorized
    channel for post-transition operations face the same challenges
    identified in category two above. Unbuilt analog singletons must
    also meet their CP expiration date requirements. Depending on the
    time left for them to complete construction, most of these stations
    should consider requesting that the Commission modify their
    authorization to specify DTV operation, particularly stations that
    have recently received CP grants.[^65] Stations in this situation
    that choose to construct their authorized analog broadcast facility
    for operation until February 17, 2009 should plan for its conversion
    to DTV when they purchase their transmitter and antenna system.

32. Analog singletons moving to a new channel for post-transition
    operations face the same issues identified in category three above.
    Some also have a CP for their analog channel that expires either
    before or after the transition deadline. Stations that have an
    analog CP expiring before the transition deadline should consider
    applying for a modification of their analog CP to make it easier to
    complete the required analog channel construction while also
    building their post-transition facility. They also should take steps
    to efficiently complete this simultaneous dual-channel construction
    of both their pre-transition analog and post-transition facilities
    (for example, having a tower crew install both antennas at the same
    time or ordering an antenna or transmitter that can be readily
    converted from analog operation to DTV operation). They may also
    want to explore the possibility of requesting that their
    single-channel analog authorization be modified to specify
    pre-transition DTV operation on their post-transition channel. Such
    a modification would require interference protection to be provided
    to all potentially affected stations and construction to be
    completed before the station's CP expires. Stations whose analog CP
    will expire after the transition deadline should consider applying
    for a modification of their analog CP to specify the post-transition
    facilities that they will need to complete before their CP expires.
    As noted above, February 17, 2009 is the deadline for all full-power
    television broadcast stations to end analog transmissions.

# Issue Analysis

33. In this Third DTV Periodic Review, we consider how to ensure that
    full-power TV broadcast stations complete their transition to
    digital-only operations by the statutory deadline. Specifically, we
    consider when stations may and must cease operating on their analog
    channel, when stations may and must begin operating on their
    post-transition channel, and what regulatory flexibility we can
    provide to facilitate these efforts. By statute, stations must cease
    analog operations by 11:59 p.m. on February 17, 2009. Stations,
    thus, should have their digital facilities in place and ready to
    commence operations no later than 12:00 a.m. on February 18, 2009.

34. We seek comment on what actions the Commission should take to
    facilitate broadcasters' completion of the transition by the
    statutory deadline. We seek comment on how to ensure that
    broadcasters (1) complete construction of their post-transition
    facilities in a timely and efficient manner; and (2) have in place
    (in-core) facilities that can reach their viewers. In view of the
    statutory change from a soft to a hard transition deadline, the
    Commission's focus has moved beyond simply ensuring that stations
    are operating in digital. Our focus is now on overseeing
    broadcasters' construction of their final, post-transition channel
    with facilities that will reach viewers in their authorized service
    areas by the time they must cease broadcasting in analog.

35. We begin by proposing that every full-power television broadcast
    station file a form with the Commission that details (1) the current
    status of the station's digital transition; (2) the additional
    steps, if any, the station needs to take to be prepared for the
    switch-over deadline; and (3) a plan for how it intends to meet that
    deadline. These filings will be posted on the Commission's website.
    We believe that these forms will assist the Commission, industry,
    and the public in assessing progress and making plans for the
    digital switchover date.

36. We also consider when stations may reduce their current
    (pre-transition) television service in order to complete their
    transition. Next, we consider the deadlines by which stations must
    construct and operate their current DTV channels or lose
    interference protection -- or even authority to operate -- on those
    channels. Third, we propose deadlines for the construction and
    operation of post-transition facilities and consider the ability of
    stations to transition early. We also consider the steps necessary
    for broadcasters to construct and operate their post-transition
    channels. Issues raised in this section include the rules,
    procedures and interference standards for stations to file
    applications for CPs to build their post-transition DTV facilities
    and to request authorization to maximize their facilities. Finally,
    we address other issues related to the DTV transition.[^66]

## Reduction and Termination of Analog Service

37. In this section, we consider the reduction and termination of
    stations' analog TV service. Until February 17, 2009, the
    Commission's rules require stations to continue operating their
    existing licensed analog facilities.[^67] To best achieve their
    respective transitions, however, some stations may find it desirable
    to reduce or terminate their analog operations before the February
    17, 2009 transition date. In some cases, stations may need to reduce
    or end their analog service because such operations may impede
    construction and operation of post-transition (digital) facilities.
    Such circumstances may include, but are not limited to: (1) stations
    that would like to switch their side-mounted digital antenna with
    their top-mounted analog antenna before the end of the
    transition;[^68] (2) stations that need to add a third antenna to
    their tower but cannot do so without reducing or ending analog
    service because the tower cannot support the additional weight;
    and (3) stations that are terminating analog service early as part
    of a voluntary band-clearing arrangement. We seek comment on these
    and other circumstances where stations can facilitate their
    transitions by reducing or terminating their analog service in
    advance of the transition deadline.

38. [Background]{.underline}. The Commission generally has not favored
    reductions in television service. Proposals that would result in a
    loss in TV service have been considered to be *prima facie*
    inconsistent with the public interest, and must be supported by a
    strong showing of countervailing public interest benefits.[^69]
    Consistent with this precedent, the Commission allows stations to
    reduce their service from that required by their licenses only upon
    an appropriate public interest showing.[^70] Losses in service may
    be justified, for example, to facilitate the station's transition to
    DTV.[^71] The Commission is generally most concerned where there is
    a loss of an area's only network or NCE TV service,[^72] or where
    the loss results in an area becoming less than well served, *i.e.*,
    served by fewer than five full-power over-the-air signals.[^73] In
    cases in which a station seeks to reduce analog TV service, it can
    also use an engineering analysis performed in accordance with the
    Office of Engineering and Technology's OET Bulletin No. 69 ("OET
    69") methodology[^74] to show that the area where service would be
    reduced is area that is already terrain shielded such that viewers
    located in that area do not actually receive the station's signal
    over-the-air now.

39. Notwithstanding the strong public interest in maintaining TV
    service, the Commission does permit the early return of out-of-core
    (TV channels 52-69) analog channels under certain circumstances in
    order to facilitate the DTV transition. The Commission established
    policies to facilitate voluntary "band-clearing" of the 700 MHz
    bands to allow for the introduction of new public safety and other
    wireless services and to promote the transition of out-of-core
    analog TV licensees to DTV service inside the core TV spectrum.[^75]
    Generally speaking, these policies provide that the Commission will
    approve voluntary agreements between incumbent broadcasters and new
    licensees to clear the 700 MHz band early if consistent with the
    public interest. The Commission has approved several such requests
    to return out-of-core channels in accordance with this band-clearing
    policy.[^76]

40. The Commission's 700 MHz band-clearing policies differ somewhat
    depending on whether a station is located on TV channels 59-69,
    which might affect use of the upper portion of the band, or on TV
    channels 52-58, which would only affect use of the lower portion of
    the band. Envisioning the early recovery of TV channels 60-69, the
    Commission established a "rebuttable presumption" favoring requests
    for voluntary band-clearing involving channels 59-69.[^77] In
    contrast, the Commission did not anticipate recovery of TV channels
    52-59 until after the DTV transition was complete and, as a result,
    decided to consider requests for voluntary band-clearing involving
    those channels on a case-by-case basis.[^78] In this case-by-case
    review, the Commission considers whether grant of the request would
    result in public interest benefits, such as making new or expanded
    public safety or other wireless services available to consumers,
    especially in rural or other underserved communities.[^79] The
    Commission weighs these benefits against any likely public interest
    harms, such as the loss of any of the four stations with the largest
    audience share in the designated market area, the loss of the sole
    service licensed to the local community, the loss of a community's
    sole service on a channel reserved for NCE TV broadcast service, or
    a negative effect on the pace of the DTV transition in the
    market.[^80]

41. [Discussion]{.underline}. In light of the hard deadline for the
    cessation of analog TV service, we believe the most significant
    public interest objective should be to ensure that stations meet the
    transition deadline. The original statutory provision requiring the
    termination of analog broadcasts established December 31, 2006 as
    the last day for analog operations, but allowed that deadline to be
    postponed if an 85 percent DTV reception benchmark was not reached
    in a given market.[^81] The Commission's goal under this former
    approach was to increase DTV operations as quickly as possible
    without causing significant analog service loss.[^82] We believe,
    however, that Congress' adoption of the hard deadline of February
    17, 2009, now weighs in favor of an increasing tolerance for the
    loss of analog service as we near the switch-over date and where it
    will facilitate the transition.

42. [Stations with Out-of-Core Analog Channels]{.underline}. As noted
    above, stations that might affect the upper 700 MHz band (*i.e.*, TV
    channels 59-69) can receive a "rebuttable presumption" favoring
    their requests to terminate analog service. We believe the disparate
    band-clearing treatment with respect to stations in the lower 700
    MHz band (*i.e.*, TV channels 52-58) is no longer appropriate. The
    hard deadline applies equally to both portions of the 700 MHz band.
    In addition, Congress has mandated that the Commission begin the
    auction of recovered analog broadcast spectrum in the 700 MHz band
    no later than January 28, 2008.[^83] Accordingly, we propose to
    apply the same "rebuttable presumption" standard to voluntary
    agreements for clearing TV channels 52-58 as now applies to such
    agreements for clearing TV channels 59-69.[^84] Moreover, we propose
    to apply the relaxed "rebuttable presumption" to out-of-core
    stations seeking to reduce rather than terminate their analog
    service. Requests to reduce or terminate analog service would be
    made in accordance with the Commission's rules.[^85] We seek comment
    on our proposed treatment of out-of-core stations seeking to reduce
    or terminate their analog service.

43. [Stations with In-Core Analog Channels]{.underline}. In contrast to
    out-of-core stations' return of their analog channels, in-core
    stations' requests to reduce and terminate analog service have been
    less favored to this point. We believe it may now be appropriate to
    examine the circumstances under which we will allow in-core stations
    to reduce or discontinue analog TV broadcasting. We seek comment on
    the factors and circumstances we should consider when evaluating
    in-core stations' requests to reduce or terminate their analog TV
    service before the February 17, 2009 transition date. We invite
    comment on ways to ensure that stations meet the statutory
    transition deadline, while still minimizing the loss of TV service
    to consumers. If we permit early reduction or termination of analog
    service, how do we ensure that the public continues to have access
    to news and information, including emergency and other public safety
    information during the transition?

44. First, with respect to a station requesting to reduce its analog
    service -- short of terminating its analog broadcasting, we seek
    comment on whether we should establish a presumption that any
    reduction in a station's analog TV service is in the public interest
    if:

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(1) the proposed reduction is directly related to the construction and
    operation of post-transition facilities and would ensure that the
    station or another station can meet the deadline;

(2) the proposed reduction in analog service is less than five percent
    of either the station's service area or its population served;

(3) the proposed reduction does not cause the loss of an area's only
    top-four network or NCE TV service;

(4) the proposed reduction does not result in an unreasonable reduction
    in the number of services available in that area;[^86]

(5) the broadcast station proposing the reduction is able to deliver its
    signal to cable and satellite providers so that the reduced analog
    signal does not prevent cable and satellite carriage; and

(6) the broadcast station proposing the reduction commits to on-air
    consumer education about the station's transition and how to
    continue viewing the station.

    We seek comment on the usefulness and timing of this proposal,
    including whether there are other factors or situations where we
    should presume that a reduction in service would be, or would not
    be, in the public interest. For example, should we consider the
    level of cable and satellite penetration in the areas that will lose
    over-the-air service? We also seek comment on whether and, if so,
    how these factors should be relaxed as we approach the DTV
    transition date. As noted above, requests to reduce analog service
    would be made in accordance with the Commission's rules.[^87]

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45. If a station is unable to qualify for the above proposed
    presumption, we propose to consider the station's request to reduce
    analog TV service (on an in-core channel) on a case-by-case basis.
    We invite comment on the appropriate showing and balancing of
    factors to consider in such a case-by-case analysis. As above, we
    seek comment on whether we should permit an increasing amount of
    analog TV service loss the closer we get to the end of the
    transition. What information must stations provide to demonstrate
    that reduced analog service would be in the public interest? We
    would expect that our case-by-case analysis would involve
    consideration of the factors discussed above. For example, we
    believe that broadcasters must be able to deliver their signals to
    cable and satellite providers so that reduced analog signals do not
    prevent cable and satellite carriage. In addition, we believe that
    broadcasters must also commit to on-air consumer education about the
    station's transition and how to continue viewing the station. We
    seek comment on these proposals.

46. Some broadcasters have side-mounted antennas and similar problems
    that prevent them from completing the build-out of their digital
    facilities while they are still operating their full analog
    facilities.[^88] Such stations, if they are providing DTV service to
    100 percent of their replication area, may want to wait until
    February 17, 2009 to move their digital antenna into its final
    position.[^89] This approach may be acceptable provided there is a
    minimal disruption of service after the deadline due to
    post-deadline construction activities. We seek comment on this
    approach and urge each station operating under these circumstances
    to consider how much of their replicated area is served by their
    side-mounted digital antenna. It is critically important that analog
    over-the-air viewers who obtain the necessary digital receivers
    (whether TV sets or D-to-A converters) are able to receive DTV
    service over-the-air upon expiration of the deadline for the
    transition on February 17, 2009. If it is necessary for stations to
    reduce analog service before the transition to be sure all viewers
    have digital service on and after the transition date, we will
    consider such requests.

47. With respect to a station requesting to terminate its analog TV
    service on an in-core channel, we seek comment on whether and, if
    so, under what conditions we would permit such an action. We would
    expect to apply a stricter standard to the early termination of
    analog in-core service than to a reduction in service. We believe
    our analysis of requests to terminate analog service would at least
    involve consideration of the relevant factors discussed above for a
    reduction of service. We seek comment on this proposal, and also on
    whether we should require a station requesting termination of analog
    in-core service to demonstrate that a reduction in service is an
    unacceptable alternative. As noted above, requests to terminate
    in-core analog service would be made in accordance with the
    Commission's rules.[^90]

## Return of Pre-Transition DTV Channel; Flash Cut Requests

48. In this section, we consider whether and, if so, when to allow
    additional stations to return their pre-transition-only DTV channel
    (*i.e.*, a DTV channel that is not their final, post-transition
    channel) and flash cut at or before the transition deadline from
    their current analog channel to their post-transition channel. The
    *Second DTV Periodic Report and Order* permitted stations in certain
    situations to surrender their pre-transition DTV channel, operate in
    analog on their analog channel, and then flash cut to digital by the
    end of the transition on their post-transition channel.[^91] As the
    Commission noted, the potential public interest benefits of flash
    cuts include freeing the station to focus its efforts on completion
    of its post-transition channel and the creation of opportunities for
    the provision of public safety and other wireless services on the
    pre-transition DTV channel.[^92] Based on the criteria established
    in the *Second DTV Periodic Report and Order*, the Media Bureau has
    approved the flash cut requests of numerous stations.[^93] In this
    Third DTV Periodic Review, we consider expanding the range of
    circumstances in which we will allow stations to flash cut.

49. [Background]{.underline}. In the *Second DTV Periodic Report and
    Order*, the Commission permitted satellite stations to flash cut
    because of their unique status and circumstances and provided for
    these stations to notify the Commission of their decision to flash
    cut by their initial channel election deadline.[^94] The Commission
    stated that satellite stations opting to flash cut would retain
    their interference protection (defined in the proposed new DTV Table
    Appendix B) as if they had met the applicable
    replication/maximization build-out requirements.[^95]

50. The Commission also permitted stations with out-of-core DTV channels
    to flash-cut under certain conditions and required notification of
    their decision to flash cut by their initial channel election
    deadline.[^96] The Commission presumed that granting such requests
    would be in the public interest if the station demonstrated that (1)
    it was assigned an out-of-core DTV channel,[^97] and (2) grant of
    the request would not result in the loss of a DTV channel affiliated
    with one of the four largest national television networks (ABC, CBS,
    NBC, or Fox).[^98] In the case of requests that did not meet these
    criteria, the Commission stated that it would consider all the
    relevant public interest factors in deciding whether to approve the
    request. These factors include the advancement of the provision of
    wireless and public safety services, the acceleration of the DTV
    transition, and the loss of broadcast service. Like satellite
    stations, full-service out-of-core stations that are permitted to
    flash cut would retain their interference protection (defined in the
    new DTV Table Appendix B, as adopted) as if they had met the
    applicable replication/maximization build-out requirements.[^99] The
    Commission also stated in the *Second DTV Periodic Report and Order*
    that stations would not be eligible to flash cut if they "have been
    denied an extension of the construction requirements and admonished
    because they failed to demonstrate that they are meeting the
    necessary criteria for an extension and have not come into
    compliance."[^100]

51. The Media Bureau recently approved by Public Notice the flash cut
    requests of 32 stations based on the criteria established in the
    *Second DTV Periodic Report and Order*. These stations were approved
    to turn off or discontinue construction of their pre-transition DTV
    channel.[^101] In addition, the Public Notice invited any other
    station to flash cut if it meets the criteria established in the
    *Second DTV Periodic Report and Order*.[^102]

52. [Discussion]{.underline}. We seek comment on whether and, if so,
    under what circumstances we should accept new requests by stations
    to return their pre-transition DTV channel before the end of the
    transition and "flash cut" from their analog channel to their
    post-transition channel (which must be different from their
    pre-transition DTV channel).[^103] For instance, we seek comment on
    the following factors: (1) whether the DTV station is operating on
    TV channels 52-69; (2) whether the station is affiliated with one of
    the four largest national television networks (ABC, CBS, NBC, or
    Fox); (3) whether the station's pre-transition DTV channel is
    allotted to another station for post-transition use and the
    station's return of the channel will facilitate the other station's
    construction of its post-transition digital facility; and (4) the
    station's financial hardship. We invite comment on these criteria
    and on other criteria that may be relevant. We encourage commenters
    to address the public's desire to continue to receive DTV signals
    that are currently available and the impact that allowing stations
    to turn off pre-transition DTV signals would have on the successful
    and timely completion of the transition. We also seek comment on the
    impact of this proposal on cable and satellite subscribers.
    Consistent with the decision in the *Second DTV Periodic Report and
    Order*, stations that have been admonished by the Commission for
    failure to meet their construction deadline would not qualify to
    flash cut.[^104]

## Construction Deadline for Full, Authorized DTV Facilities 

53. In light of the short amount of time remaining before the transition
    deadline, it is critical that stations finalize construction of
    their post-transition facilities expeditiously to ensure the
    provision of TV broadcast service to the public when analog
    transmissions cease. In this section, we consider whether to require
    stations to continue construction of pre-transition channels that
    are not going to be used by the station after the transition. We
    also consider the deadline by which we will require TV broadcast
    stations to complete construction of their post-transition
    facilities.

54. As discussed below, we are proposing to adopt a different approach
    for the remainder of the transition with respect to deadlines for
    construction of DTV facilities and interference protection. Until
    now, a primary focus of the Commission has been to facilitate the
    initiation of DTV service to the public during the transition.[^105]
    This approach was designed, in part, to accomplish the goal of
    completing the transition by the December 31, 2006 "flexible"
    deadline originally established by Congress, which allowed for
    exceptions to the deadline.[^106] Now that Congress has established
    a "hard" deadline for completion of the transition, with no
    exceptions, we believe our emphasis should shift toward ensuring
    that DTV stations will be providing service on their final,
    post-transition channels by that date. In general, we now must focus
    on striking the appropriate balance between the public interest in
    assuring that post-transition channels are fully constructed by
    February 17, 2009, and the public interest in pre-transition digital
    and analog service. These, like other issues raised in this Notice,
    require careful self-assessment by licensees to determine how best
    to serve the public while at the same time making efficient use of
    the resources available (manufacturing capacity, tower crews, etc.)
    available to them.

55. [Previous Construction Deadlines and Use or Lose
    Policies]{.underline}. As discussed above, the DTV construction
    schedule adopted by the Commission in 1997, provided for varying
    construction deadlines based on the size of the market and type of
    station, with all stations required to construct by May 1,
    2003.[^107] In 2004, the Commission established two deadlines by
    which stations were expected to either replicate or maximize DTV
    service on their current (pre-transition) DTV channel or lose
    interference protection to the unserved areas on that channel.[^108]
    By July 1, 2005, top-four network affiliates in the top 100 markets
    were required to fully replicate or maximize if they will remain on
    their DTV channel after the transition. If these stations will move
    to another channel post-transition, they were required to serve at
    least 100 percent of their replication service population by July
    1, 2005. By July 1, 2006, all other stations were required to fully
    replicate and maximize if they will remain on their current DTV
    channel after the transition. If they will move to another channel
    post-transition, they were required to serve at least 80 percent of
    their replication service population by July 1, 2006.[^109] The
    Commission stated that stations that met the applicable
    "use-or-lose" deadline and that are going to move to a different
    channel after the transition would be permitted to carry over their
    authorized maximized areas to their new channels.[^110] In addition,
    these "use-or-lose" replication/maximization deadlines became the
    new deadlines for stations operating temporary DTV facilities
    pursuant to STA to complete construction of their licensed DTV
    facilities.[^111] Approximately 80 percent of the stations in each
    of these categories met their respective deadlines.

56. In the *Second DTV Periodic Report and Order*, the Commission noted
    that certain stations had not yet been granted an initial DTV
    construction permit. The Commission required that, by August 4,
    2005, all such stations construct and operate "checklist" facilities
    that conform to the parameters of the DTV Table and other key
    processing requirements. The Commission stated that it would
    consider requests for waiver of the August 4, 2005 deadline on a
    case-by-case basis, using the criteria for extension of DTV
    construction deadlines.[^112]

57. In two separate orders adopted subsequent to the adoption of this
    Notice, the Commission addressed applications filed by stations for
    extensions of time to construct DTV facilities and/or waivers of the
    deadline by which stations must build DTV facilities in order to
    retain the ability to carry over interference protection to their
    post-transition channel (so-called "use or lose" waivers).[^113] In
    the *Construction Deadline Extension Order*, the Commission
    considered 145 requests for an extension of time to construct a DTV
    facility.[^114] For 107 stations whose pre-transition DTV channel is
    the same as their post-transition channel, the Commission granted
    these applications and gave these stations an additional six months
    from the release date of the *Construction Deadline Extension Order*
    in which to complete construction.[^115] For 29 stations whose
    pre-transition DTV channel is different from their post-transition
    channel, the Commission granted these applications and gave these
    stations until 30 days after the effective date of the amendments to
    Section 73.624(d) of the rules adopted in the Report and Order in
    this Third DTV Periodic Review proceeding in which to complete
    construction.[^116] In the *Use or Lose* *Order*, the Commission
    considered 192 requests for waiver of the "use or lose"
    deadlines.[^117] For 102 stations whose pre-transition DTV channel
    is the same as the station's post-transition DTV channel, the
    Commission granted these stations a waiver and gave them an
    additional six months from the release date of the *Use or Lose
    Order* in which to complete construction.[^118] For 38 stations
    whose pre-transition DTV channel is different from the station's
    post-transition channel, the Commission granted these stations a
    waiver and gave them until 30 days after the effective date of the
    amendments to Section 73.624(d) of the rules adopted in the Report
    and Order in this Third DTV Periodic Review proceeding in which to
    complete construction.[^119] In both of these orders, the Commission
    reminded stations that the hard deadline for termination of analog
    TV service prevents consideration of any request for extension of
    full-power analog TV service beyond that date. The Commission
    advised stations given an extension or waiver to utilize this time
    to take all steps possible to complete construction as further
    extension or waiver requests may be evaluated under a more stringent
    standard.[^120] We intend to treat similarly any stations that have
    a construction permit for which the original time to complete
    construction has not yet have expired. These stations still have
    time remaining on their original construction permit to complete the
    build-out of their pre-transition DTV facilities or they may have
    had their original construction permit extended and the extended
    deadline has not yet expired. Thus, these stations are not addressed
    in the *Construction Deadline Extension Order* or *Use-or-Lose
    Order*. These stations should continue to follow existing rules and
    procedures (*i.e.*, continue to build their current DTV CP and, if
    that CP expires before they have completed construction, file a
    request for extension of the CP). Once final rules are adopted in
    this proceeding and become effective, stations will be subject to
    the new rules, including changes to Section 73.624(d).

58. [Revised Construction Deadlines and Use or Lose Policy]{.underline}.
    Going forward, we propose to establish construction deadlines for
    DTV facilities that vary based on a station's channel assignments
    for pre- and post-transition operation and other circumstances
    affecting the station's ability to complete final, post-transition
    facilities.[^121] We believe this revised approach will best permit
    stations to focus their efforts on completing construction of final,
    post-transition facilities in the time remaining before the end of
    the transition. In conjunction with this approach, we propose to
    tighten the standard by which we evaluate future requests for
    extension of time to construct a DTV facility.[^122] In addition,
    with respect to construction deadlines of February 17, 2009 or
    later, we propose to evaluate all requests for additional time to
    construct under the "tolling" standard currently applied to analog
    broadcast TV stations and DTV singleton stations.[^123]

59. In this section, we consider construction deadlines for differently
    situated stations. First, we consider stations whose post-transition
    channel is different from their pre-transition DTV channel. These
    are stations that will be starting over with a new channel for DTV
    service. Second, we consider stations whose post-transition channel
    is the same as their pre-transition DTV channel. Unlike the first
    group, these are stations that have long been assigned the channel
    that they will use for post-transition operations. Third, we
    consider stations in other situations, including those facing unique
    technical challenges. Finally, we consider alternatives that might
    afford stations with regulatory flexibility. We seek comment on the
    proposed deadlines and tentative conclusions below, and also seek
    comment on alternative deadlines for these stations.

### Stations Whose Post-Transition Channel is Different From Their Pre-Transition DTV Channel

60. For stations whose pre-transition DTV channel is different from
    their post-transition channel, we propose not to require further
    construction of their pre-transition DTV channel and propose to
    establish February 17, 2009 as the deadline by which these stations
    must complete their final, post-transition facilities. These
    stations face a greater challenge than stations that will remain on
    the same DTV channel for post-transition operations. Stations moving
    to a new channel must apply for a construction permit on that
    channel and build new facilities based on the channel allotments in
    the new DTV Table Appendix B, as adopted.[^124] Our proposal is
    designed to give stations facing the challenges associated with
    moving to a new DTV channel the maximum possible time to complete
    their post-transition facilities before analog transmissions must
    cease. We seek comment on this approach, and on whether an earlier
    construction date would still be appropriate in some circumstances.

61. With the establishment of the hard deadline, we believe the focus
    must turn to facilitating stations' efforts to construct their
    permanent DTV facilities that will be used to provide service after
    the transition. Therefore, at this stage in the DTV transition, we
    propose to allow a station to terminate further construction of its
    pre-transition DTV channel if this channel is not the station's
    post-transition channel. We request comment on this proposal. We
    believe that requiring stations to build or expand facilities that
    would only be operated until the end of the transition -- *i.e.*,
    for less than two years -- potentially could undermine the larger
    public interest objective of ensuring a timely transition to digital
    broadcasting by diverting limited resources from what is a far more
    important goal: the construction of final, post-transition
    facilities.

62. At the same time, however, we recognize that many stations whose
    pre-transition DTV channels are not the channels they will operate
    on post-transition have been diligent in meeting the deadlines
    established by the Commission for completing construction of their
    pre-transition facilities in order to provide DTV service to the
    public and to be permitted to carry over interference protection to
    their permanent DTV channel. It is not our intent to treat these
    stations unfairly or reward stations that have been less diligent in
    providing DTV service during the transition. However, as noted
    above, it is critical at this juncture to focus on the completion of
    final DTV facilities. In order to accomplish this goal, we believe
    we must permit stations to cease investing time and resources in
    completing facilities that will be used for the remainder of the
    transition simply in order to retain interference protection on
    their final, post-transition channels. Instead, we need to ensure
    that stations are focused on finalizing their post-transition
    facilities now to ensure service to the public when analog
    transmissions cease.

63. Accordingly, we propose to change our "use or lose" policy for
    stations whose pre-transition DTV channel is not their
    post-transition channel as follows. For such stations that received
    either an extension of their construction deadline in the
    *Construction Deadline Extension Order* or a waiver of their
    use-or-lose deadline in the *Use or Lose Order* (*i.e*., until 30
    days after the effective date of the amendments to Section 73.624(d)
    of the rules adopted in the Report and Order in this Third DTV
    Periodic Review proceeding), we propose that these stations will not
    lose protection to their post-transition channels. We note that many
    stations that have not built their transitional facilities have
    faced recognizable impediments to doing so. In addition, most of
    these stations that have applied for an extension of time to
    construct and/or a waiver of the applicable use-or-lose deadline
    have had those requests granted, indicating that they were found to
    have a valid reason not to have met the applicable deadline. Thus,
    we do not believe that allowing stations that faced such impediments
    to retain interference protection on their final, post-transition
    facility unfairly rewards these stations. We seek comment on this
    approach. We specifically invite comment on the effect of this
    proposal on stations moving to a different DTV channel for
    post-transition operations that have fully complied with their
    use-or-lose deadlines and construction permit build-out
    requirements.

64. Under our proposal here, stations with a pre-transition DTV channel
    that is not the same as their final, post-transition channel have
    the following options. We request comment on our proposal, discussed
    below.

65. [Pre-Transition DTV Channel Unbuilt or Not in
    Operation]{.underline}. We propose to permit a station that has not
    constructed an operational pre-transition DTV facility to elect
    simply to return its CP for that facility to the Commission and
    focus its efforts on construction of its post-transition facility.
    Thus, a station that has either not begun construction of its
    pre-transition DTV facility or has not begun operating that
    facility, and will be moving to a different channel at the end of
    the transition, may return the CP for that facility to the
    Commission. As stations in this situation are not currently
    providing digital service to the public, we believe it is
    appropriate at this stage in the transition to allow these channels
    to be returned. We request comment on this approach. Stations
    electing this option would be required to obtain flash cut approval
    in accordance with the proposals discussed in section V.B., *supra*.
    Stations electing this approach would be able to carry over
    interference protection to their post-transition channel, as noted
    above.

66. [Pre-Transition DTV Channel in Operation]{.underline}. Stations with
    operational DTV facilities on a pre-transition channel may have
    several options. Under each of these options, we propose to permit a
    station to carry over interference protection to its post-transition
    channel, as noted above.

-   First, stations may discontinue further construction on their
    pre-transition DTV facility and to operate the facility they have
    constructed at this point during the remainder of the transition
    while they focus on construction of their permanent DTV facility. We
    propose to permit these stations to file an application to modify
    their existing CP to match their pre-transition DTV facility in
    accordance with the Commission's rules.[^125] The station would then
    continue operation of the facility for the remainder of the
    transition without devoting resources to further build-out of that
    facility.

-   Second, stations may be permitted to cease operating their
    pre-transition DTV facility in certain circumstances. We propose
    that these stations must obtain flash cut approval in accordance
    with the proposals discussed in section V.B., *supra*.

-   Third, stations may decide they would like to continue construction
    of their full, authorized DTV facility on their pre-transition
    channel. While we do not want to deny stations in this third
    category the opportunity to continue to build pre-transition DTV
    facilities and to provide service on these facilities for the
    remainder of the transition, we believe it is appropriate to require
    that these facilities be completed expeditiously. Accordingly, for
    stations in this third category, we propose to permit the station to
    continue to build its pre-transition DTV facility, but will require
    that construction be completed by the deadline established for them
    in the *Construction Deadline Extension Order* or in the *Use or
    Lose Order* (*i.e*., 30 days after the effective date of the
    amendments to Section 73.624(d) of the rules adopted in the Report
    and Order in this Third DTV Periodic Review proceeding).

### Stations Whose Post-Transition Channel is the Same as Their Pre-Transition DTV Channel 

67. Many stations whose pre-transition DTV channel is the same as their
    post-transition channel have already made substantial progress
    toward construction of facilities that will be used to provide
    service after the transition. Specifically, they have already
    constructed their full, authorized DTV facilities in accordance with
    their existing CP or license and the Commission's previous build-out
    requirements established in the *Second DTV Periodic Report and
    Order*.[^126] Some of these stations have built DTV facilities that
    match[^127] those defined in the proposed new DTV Table Appendix B
    and are, therefore, now ready for post-transition operations. Other
    stations whose pre-transition DTV channel is the same as their
    post-transition channel have built their full, authorized DTV
    facilities in accordance with their existing CP or license but for
    some reason these facilities do not match those facilities defined
    in the proposed new DTV Table Appendix B.[^128] These stations will
    need to file an application for a new CP or an application for
    modification of CP to change their facilities to match those
    facilities defined in the new DTV Table Appendix B, as
    adopted.[^129] We discuss below, in section V.D., the process by
    which stations must file such applications.

68. Other stations with the same pre- and post-transition DTV channel
    have not yet constructed their full, authorized DTV facilities. Some
    of these stations currently have a CP for their full, authorized DTV
    facility, some are operating reduced facilities pursuant to an STA,
    and some may not have constructed at all. These stations must
    complete construction and, in some cases, may have to apply for a
    new CP or for modification of their CP to receive authorization for
    facilities that match the facilities defined in the new DTV Table
    Appendix B, as adopted.

69. It is possible that a station with the same pre- and post-transition
    channel does not want to complete construction of its full,
    authorized facilities as described in the new DTV Table Appendix B.
    These stations must apply to modify their existing CP or license to
    reflect the facility they intend to construct or have
    constructed.[^130]

70. For stations whose post-transition channel is the same as their
    pre-transition DTV channel, we propose that the deadline to complete
    construction of their final, DTV facility is the deadline
    established for them in the *Construction Deadline Extension Order*
    or *Use or Lose Order* (*i.e.*, six months from the release date of
    those orders).[^131] For these stations, we believe it is
    appropriate to require that they complete construction of their
    final DTV facility by this deadline because they have already had a
    significant period of time in which to build their post-transition
    facilities and, indeed, should already have these facilities
    constructed. Unlike stations that will be moving to a different DTV
    channel for post-transition use, these stations have generally had
    the advantage of being able to plan for and commence construction of
    their post-transition facilities for more than 10 years. In
    contrast, stations moving to a different channel for post-transition
    operations have only recently been assigned their new channel and
    thus are only now able to apply for a construction permit for this
    channel and commence construction of their post-transition
    facilities.

71. We invite comment on this approach. In particular, we invite comment
    on whether there are stations in this group that must apply for a
    new or modified CP because their current CP does not match the
    facilities specified in the proposed new DTV Table Appendix B. Are
    the changes in the CP such that little, if any, of the equipment
    necessary for the facility for which they currently have a CP could
    be used in the facility specified in the new DTV Table Appendix B,
    as adopted? If we were to give these stations more time to
    construct, should we do so only where the difference between the
    facilities specified on the current CP and those defined in the
    proposed new DTV Table Appendix B is significant? If so, how should
    we define a "significant" difference in this context?

### Other Situations

72. In this section, we separately discuss the proposed treatment of
    stations with side-mounted digital antennas or facing other
    circumstances whereby the operation of the station's analog service
    prevents the completion of the station's full, authorized
    post-transition facility as defined in the proposed new DTV Table
    Appendix B. We also discuss the treatment of stations granted a
    waiver of the August 4, 2005 "checklist" deadline and stations
    denied an extension of time to construct a pre-transition DTV
    facility or a "use or lose" waiver request.

73. [Stations Facing Unique Technical Challenges]{.underline}. In the
    *Construction Deadline Extension Order*, the Commission granted the
    extension applications of four stations because these stations faced
    unique technical challenges (*e.g.*, side-mounted antenna-related
    issues) preventing them from completing construction of their DTV
    facilities.[^132] Most of these stations proposed to install their
    DTV antenna on the top of the tower where their existing analog
    antenna currently is housed. In order to top-mount the DTV antenna,
    these stations would have to relocate the analog antenna to another
    position on the existing tower or to another location altogether.
    These stations were granted an extension until February 17, 2009 to
    complete construction of their DTV facilities.[^133] Similarly, in
    the *Use or Lose Order*, the Commission identified 45 stations that
    have come close to meeting the applicable replication or
    maximization requirements but cannot fully satisfy those
    requirements because of unique technical challenges associated with
    operation of their analog, as well as construction of their digital,
    facilities.[^134] Some of the stations in this latter group are
    stations with top-mounted antenna issues; others include stations
    whose local power company cannot provide sufficient electrical
    capacity to the tower site to power both analog and full power
    digital operations, and stations that do not have space at their
    antenna site for both analog and digital equipment. These stations
    were granted a similar waiver of the "use or lose" deadline.[^135]

74. For the 49 stations referenced above that were granted an extension
    request or "use-or-lose" waiver because they faced unique technical
    challenges, we propose that the deadline for these stations to
    complete construction of their final, DTV facility is the deadline
    established for them in the *Construction Deadline Extension Order*
    or *Use or Lose Order* (*i.e.*, February 17, 2009).[^136] In
    general, we established pre-transition DTV construction deadlines,
    and have proposed post-transition construction deadlines herein,
    based on whether a particular station was going to use its
    pre-transition DTV channel for post-transition operations.[^137]
    However, in the *Construction Deadline Extension Order* or *Use or
    Lose Order*, we did not rely on this distinction because stations
    with a top-mounted antenna issue face a unique and insurmountable
    impediment to construction (*i.e*., they cannot put both an analog
    and a DTV antenna on top of the same tower). Accordingly, we propose
    to give all such stations until February 17, 2009 to complete their
    final, post-transition facilities. We also anticipate that these
    stations will take advantage of approaches proposed herein in the
    section concerning reduction in analog service prior to the end of
    the transition to facilitate construction of final, DTV facilities.
    We seek comment on this approach.

75. [Stations Granted Waivers of the "Checklist" Deadline]{.underline}.
    In the *Use or Lose Order*, the Commission granted 10 requests for
    waiver of the August 4, 2005 deadline established for all television
    stations to construct and operate a "checklist" DTV facility.[^138]
    For four of these stations whose pre-transition DTV channel is the
    same as their post-transition channel, the Commission granted these
    stations a "checklist" waiver and gave them an additional six months
    from the release date of the *Use or Lose Order* in which to
    complete construction and begin operation of their "checklist"
    facilities. For six of these stations whose pre-transition DTV
    channel is different from their post-transition channel, the
    Commission granted these stations a "checklist" waiver and gave them
    until 30 days after the effective date of the amendments to Section
    73.624(d) of the rules adopted in the Report and Order in this Third
    DTV Periodic Review proceeding in which to complete construction and
    begin operation of their "checklist" facilities.

76. We propose for these stations an approach dependent upon whether
    their pre-transition DTV channel is the same as, or different than,
    their post-transition channel. For the six stations granted
    "checklist" waivers whose pre-transition DTV channel is different
    than their post-transition channel, we propose to apply the
    procedures outlined at section V.C.1., *supra*, for stations that
    are moving to a different channel post-transition. Thus, for these
    stations we propose not to require further construction of their
    pre-transition DTV facility and propose to establish February 17,
    2009 as the deadline by which these stations must complete their
    final, post-transition facilities.[^139] These stations may cease
    further construction of their pre-transition facility. They may
    decide to operate the facilities they have constructed on their
    pre-transition channel for the remainder of the transition and, if
    so, they should apply to license those facilities and, if they do
    so, they would not be required to request further extensions of time
    to construct in order to retain full interference protection to
    their post-transition DTV channel. Alternatively, these stations
    could elect to pursue the options outlined in section V.A., *supra*,
    concerning reduction in analog service prior to the end of the
    transition. For the four stations granted "checklist" waivers whose
    pre-transition DTV channel is the same as their post-transition
    channel, we propose to apply the procedures outlined above at
    section V.C.2., *supra*, for stations with the same pre- and
    post-transition channels. Thus, these stations must complete their
    full, final post-transition facility by the deadline established in
    the *Use or Lose Order* (*i.e.*, six months from the release date of
    the *Use or Lose Order*). Any request for extension of time to
    construct beyond that date will be considered under the stricter
    extension criteria proposed herein.[^140] We invite comment on these
    proposals.

77. [Stations Denied An Extension of Time to Construct]{.underline}. In
    the *Construction Deadline Extension Order*, the Commission denied
    the extension applications of five stations, admonishing three of
    these stations for their continuing failure to timely construct and
    affording these stations additional time to comply with the DTV
    construction rule.[^141] The one admonished station whose
    pre-transition DTV channel is the same as its post-transition
    channel was afforded six months from the release date of the Order
    to comply with the DTV construction rule, while the two admonished
    stations whose pre-transition DTV channel is different from their
    post-transition channel were afforded until 30 days after the
    effective date of the amendments to Section 73.624(d) of the rules
    adopted in the Report and Order in this Third DTV Periodic Review
    proceeding. All three admonished stations were also made subject to
    the remedial measures for DTV construction adopted by the
    Commission.[^142] For these admonished stations, we propose that we
    will not consider any future requests for extension of time to
    construct pre-transition facilities. We note that the *Construction
    Deadline Extension Order* admonished these stations and subjected
    them to remedial measures and noted that the stations could be
    subject to additional sanctions if they do not comply with the
    measures and requirements set forth in that Order. In that regard,
    we propose that for the one station who was admonished and whose
    pre-transition DTV channel is the same as their final,
    post-transition channel, if such a station does not complete
    construction of its DTV facility by the deadline established in the
    *Construction Deadline Extension Order*, the station would be
    subject to additional remedial measures, such as but not limited to
    the loss of its pre-transition channel, the loss of its ability to
    carry over to its post-transition channel interference protection
    for the area unserved by its pre-transition facility, and the
    issuance of forfeitures. For the other two admonished stations,
    whose pre-transition DTV channel is not the same as their
    post-transition channel, because these stations have been denied an
    extension of their construction deadline and have been required to
    follow remedial procedures, we believe it is appropriate to treat
    these stations more strictly than stations that have met the current
    standard and been granted an extension of the construction deadline.
    However, we believe requiring these two stations to build their
    pre-transition channel would be inconsistent with the policy
    advanced throughout this notice to shift our focus to construction
    of post-transition facilities.[^143] Therefore, we propose that
    these stations will not be required to construct their
    pre-transition facilities but will remain admonished and on a
    remedial program with respect to construction of their
    post-transition facilities. If these stations fail to meet the
    construction deadline established for their post-transition
    facilities, we propose that these previously admonished stations
    would also be subject to additional remedial measures similar to
    those applicable to stations whose pre-transition channel is the
    same as their post-transition channel (*e.g.*, the issuance of
    forfeitures). We request comment on these proposals. Our proposals
    here are not intended to conflict with the *Construction Deadline
    Extension Order* or the remedial measures or possible sanctions
    mentioned therein, but instead propose additional or alternative
    consequences for failure to construct by the applicable deadline.

78. [Stations Denied a Waiver of the Use or Lose Deadline]{.underline}.
    In the *Use or Lose Order*, the Commission determined that seven
    stations were unable to show that good cause existed to allow them
    additional time to meet their applicable "use or lose" deadline and,
    thus, were denied their "use or lose" waiver requests.[^144] Because
    these stations failed to meet the applicable
    replication/maximization requirements, they lost interference
    protection to the unused portion of the associated coverage area. In
    addition, these stations lost the ability to "carry over" their
    interference protection to their unserved DTV service area on their
    post-transition channel.[^145] We remind these stations that, with
    respect to their pre-transition channel, they must submit an
    application to modify their DTV construction permit to specify their
    reduced facilities, as directed in the *Use or Lose Waiver
    Order*.[^146] Nevertheless, we recognize that the proposals in this
    Notice deemphasize the requirement that stations construct DTV
    facilities that will not be used for post-transition operations.
    Therefore, we seek comment on whether we should reevaluate the loss
    of interference protection for these stations with respect to their
    post transition channel.

### Extension/Waiver of DTV Construction Deadlines

79. In light of the deadline for completion of the digital transition
    and in view of the changes proposed above to our construction
    deadline and use or lose policies, we believe it is appropriate at
    this time to consider the standard that should apply generally for
    grant of an extension of time to construct DTV facilities
    pre-transition.[^147]

80. Under the current rules, the Media Bureau may grant a six-month
    extension of time to construct a DTV station if the licensee or
    permittee can show that the "failure to meet the construction
    deadline is due to circumstances that are either unforeseeable or
    beyond the licensee's control where the licensee has taken all
    reasonable steps to resolve the problem expeditiously."[^148] The
    rules state: "\[s\]uch circumstances shall include, but are not
    limited to (A) \[i\]nability to construct and place in operation a
    facility ... because of delays in obtaining zoning or FAA approvals,
    or similar constraints; (B) the lack of equipment necessary to
    obtain a digital television signal; or (C) where the cost of meeting
    the minimum build-out requirements exceeds the station's financial
    resources."[^149] These rules apply to stations granted a paired
    license for analog and digital operation during the transition. The
    Bureau may grant no more than two extension requests upon delegated
    authority. Subsequent extension requests must be referred to the
    Commission.[^150]

81. We propose to revise and tighten this standard for extension of DTV
    construction deadlines to ensure that stations complete their DTV
    facilities and commence operation.[^151] The current standard was
    adopted early in the DTV transition process when stations were first
    trying to build digital facilities and applies only to stations with
    a paired license.[^152] The standard was revised to include
    consideration of financial resources at a time when broadcasters
    were still trying to meet the initial construction deadlines.[^153]
    At this point in time, however, the initial construction deadlines
    for DTV facilities passed several years ago and the deadline for
    completion of the transition is less than two years away. We believe
    that stations at this stage in the transition must finalize their
    construction plans and implement them. We tentatively conclude that
    we should revise Section 73.624(d)(3) of the rules, which sets forth
    the standard for extension of DTV construction deadlines, to make
    that provision substantially stricter.[^154] Specifically, we
    propose to eliminate Section 73.624(d)(3)(ii)(B), which permits
    consideration of circumstances related to the lack of equipment
    necessary to obtain a digital television signal in the evaluation of
    whether to grant a request for extension of time to construct. At
    this point in the transition, we believe stations have had ample
    time to order the equipment required to provide digital service and
    do not believe it is necessary or appropriate to grant stations
    additional time to construct because of equipment delays, absent
    extraordinary circumstances. We also propose to revise Section
    73.624(d)(3)(ii)(C), which permits consideration of circumstances
    where the cost of meeting build-out requirements exceeds the
    station's financial resources. Specifically, in seeking a DTV
    extension, we propose that the licensee/permittee of a station may
    show that it is (1) the subject of a bankruptcy or receivership
    proceeding, or (2) experiencing severe financial hardship, as
    defined by negative cash flow for the past three years.[^155] Thus,
    we propose to eliminate the existing four-part test for financial
    hardship and replace it with a new test. Stations seeking an
    extension based upon financial considerations would either (1)
    submit proof that they have filed for bankruptcy or that a receiver
    has been appointed, or (2) submit an audited financial statement for
    the previous three years. All such stations also would be required
    to submit a schedule of when they expect to complete construction.
    We seek comment on this proposal. In particular, we seek comment on
    how this proposal should be applied to noncommercial educational
    stations, whose financial circumstances often differ from those of
    commercial stations.

82. Again, at this stage in the transition we believe all stations have
    had considerable time to address financial issues related to
    completion of their digital facilities and further consideration of
    such issues in connection with a request for additional time to
    construct should be limited to a situations like bankruptcy or
    receivership where a court generally controls the station's
    finances, or where the station can demonstrate severe financial
    hardship as discussed above. Thus, going forward, requests for
    extension of time to construct related to lack of equipment or the
    cost of meeting the build-out requirements other than where the
    station is in bankruptcy or receivership or is facing severe
    financial hardship as discussed above will not generally be granted.

83. However, we will continue to consider going forward requests for
    extension of time where the station is awaiting action by the
    Commission or a court on a pending application or appeal or where
    action on an application is being delayed for other reasons beyond
    the station's control, such as reasons related to international
    coordination. We will consider delays due to international
    coordination where resolution of the international coordination
    issue is truly beyond the control of the station, such as where the
    failure to obtain coordination will not permit the station to
    construct facilities sufficient to replicate its analog coverage
    area. A station seeking to maximize that cannot obtain international
    coordination for such facilities may be required to construct
    facilities with a smaller coverage area. In addition, we will
    continue to consider circumstances related to an act of God or
    terrorism. A proposed revised rule of Section 73.624(d) is attached
    in Appendix A. We will revise FCC Form 337, accordingly, and will
    continue to require that any request for extension of time be filed
    electronically using the revised form.[^156] We propose to apply the
    revised rule concerning requests for extension of time to build DTV
    facilities to all requests for extension of construction deadlines
    occurring prior to February 17, 2009. This revised rule would apply,
    inter alia, to those stations whose pre-transition DTV channel is
    the same as their post-transition channel and that were granted
    extensions or waivers in the *Construction Deadline Extension Order*
    or the *Use or Lose Order*. We recognize that some stations may
    request further extensions of time to build and that other stations,
    whose deadlines have not yet expired, may request extensions of
    deadlines once their deadlines expire.[^157] We tentatively conclude
    that we will apply the revised rule to any requests that are pending
    at the time the revised rule becomes effective. We seek comment on
    these proposals and on this tentative conclusion.[^158]

84. We note that while we propose to establish a stricter standard for
    requests for extension of time to construct DTV facilities, we are
    also proposing, as discussed above, to eliminate the requirement for
    some stations that they build pre-transition DTV facilities on
    channels that are not their post-transition channel. Taken as a
    whole, we believe these proposed changes will help many stations
    facing financial challenges to complete construction of DTV
    facilities while also ensuring that broadcasters continue to focus
    on the timely construction of the facilities necessary to end analog
    transmission by February 17, 2009.

85. Post-transition we intend to take a different approach with respect
    to requests for additional time to construct DTV facilities. While
    the transition to digital broadcasting was underway, analog
    broadcasting remained the primary method by which the vast majority
    of American consumers received over-the-air television. As a result,
    while it was important to the transition that stations begin
    transmitting a digital signal, it was not critical to the ability of
    over-the-air viewers to view broadcast television that they do so.
    Accordingly, our extension criteria permitted grant of extensions of
    time to construct DTV facilities based on a number of different
    criteria. Once the nation moves to an all-digital broadcast service,
    however, we believe that application of a stricter "tolling"
    standard for additional time to construct is appropriate. Once DTV
    is the sole broadcast service, we believe requests for additional
    time to construct should be treated as we now treat such requests
    for all analog stations and DTV singletons.[^159]

86. Specifically, for all requests for additional time to construct DTV
    facilities for construction deadlines occurring February 17, 2009 or
    later, we tentatively conclude that we will consider such requests
    under the tolling standard set forth in Section 73.3598(b) of our
    rules,[^160] which currently applies to DTV singletons and analog TV
    stations, as well as AM, FM, International Broadcast, low power TV,
    TV translator, TV booster, FM translator, FM booster, and LPFM
    stations. Section 73.3598 provides that the period of construction
    for an original construction permit shall toll when construction is
    prevented due to an act of God (*e.g*., floods, tornados,
    hurricanes, or earthquakes), the grant of the permit is the subject
    of administrative or judicial review (*i.e*., petitions for
    reconsideration and applications for review of the grant of a
    construction permit pending before the Commission and any judicial
    appeal), or construction is delayed by a cause of action pending in
    court related to requirements for construction or operation of the
    station (*i.e*., zoning or environmental requirements).[^161] The
    rule further provides that a permittee must notify the Commission of
    any event covered under the provision and provide supporting
    documentation in order to toll the construction deadline.[^162]
    Permittees are also required to notify the Commission when a
    relevant administrative or judicial review is resolved. Tolling
    resulting from an act of God automatically ceases six months from
    the date of the notification to the Commission unless the permittee
    submits additional notifications at six-month intervals detailing
    how the act of God continues to cause delays in construction and
    describing any construction progress and the steps the permittee has
    taken and proposes to take to resolve any remaining
    impediments.[^163] Section 73.3598 further provides that any
    construction permit for which construction has not been completed
    and for which an application for license has not been filed shall be
    automatically forfeited upon expiration without any further
    affirmative cancellation by the Commission.[^164] We seek comment on
    this approach. [^165] We also invite comment on whether it is
    necessary to amend Section 73.3598(a) to specify "DTV" or if the
    existing reference to "new TV" in this section will be adequate in
    conjunction with the clarification provided by the Order to be
    adopted in this proceeding.[^166] We also seek comment on whether we
    should afford small television broadcasters additional time to
    construct DTV facilities.[^167]

87. We note that, under the current rules applicable to DTV stations,
    the Commission has permitted a station to justify an extension
    request if the Commission has not acted on the station's
    modification application.[^168] Under the tolling standard we
    propose to apply to all construction deadlines February 17, 2009 and
    later, the filing of an application for modification of a
    construction permit would not be grounds for tolling of the
    construction deadline. We believe that transitioning DTV stations to
    the rule applicable to construction of analog TV and all other
    broadcast stations in this regard is appropriate post-transition.
    However, we propose that delays due to international coordination
    would not generally be grounds for tolling of a DTV construction
    permit with two exceptions. First, the Commission would toll a
    construction permit for a DTV station where the station could
    demonstrate that a request for international coordination had been
    sent to Canada or Mexico on behalf of the station and no response
    from the country affected had been received. Second, the Commission
    would toll a DTV construction permit where the station could
    demonstrate that the DTV facility approved by Canada or Mexico would
    not permit the station to serve the viewers currently served by the
    station's analog facility that would also be served by the station's
    digital facility approved by the Commission. We seek comment on
    these proposals and other changes to Section 73.3598.

### Early Transition

88. Some stations that are moving to new post-transition channels
    (*i.e.*, not operating on either of their pre-transition channels)
    may want to begin operating on those new channels before the
    transition date. We seek comment from stations in this category on
    whether they believe they permissibly could operate on their
    post-transition channel before the February 17, 2009 deadline for
    terminating analog transmissions. We also invite comment on the
    potential benefits of early transition and the impediments that may
    exist. We believe that early transition could advance the transition
    if it provided improved DTV service and freed transition resources
    for those stations building later. Under what circumstances will
    stations be able to transition early without causing impermissible
    interference to another station (analog or digital)? We seek comment
    on whether there are any incentives we can or should provide to
    stations to operate on their post-transition channel early. We
    propose to allow early transition, provided such operations would
    not cause impermissible interference to another station. Consistent
    with our transitional interference protection policies, we propose
    that early transitioning stations must not cause more than 2.0
    percent interference to any authorized analog-only TV station.[^169]
    Stations interested in transitioning early should indicate their
    intent to do so in their CP or modification applications for
    post-transition facilities.[^170] Because we tentatively conclude
    that stations cannot expand beyond their facilities defined in the
    new DTV Table Appendix B,[^171] as adopted, we believe early
    transitioning stations cannot cause additional interference to
    post-transition operations. We also propose to permit such stations
    to commence early post-transition operations that may be less than
    their full, authorized facilities, provided impermissible
    interference is not caused to another station (analog or digital).
    Broadcasters seeking to commence early post-transition operations
    would need to indicate whether doing so will result in a loss of
    their own analog or digital service and, if so, how they plan to
    address that loss in service. As discussed above in the analog
    service loss context, we seek comment on whether (and if so to what
    extent) a loss of service should be acceptable if it would help
    facilitate the transition.[^172] We seek comment on these proposals.

### Additional Proposals to Provide Regulatory Relief

89. [Alternative Buildout]{.underline}. We seek comment on whether to
    permit stations to request an STA to build less than their full,
    authorized post-transition facilities by the relevant construction
    deadline, provided these stations at least serve the same area and
    population that receives their current analog TV and DTV service so
    that over-the-air viewers will not lose TV service. Could such a
    proposal facilitate the transition without undermining viewers'
    over-the-air reception expectations after the transition date? We
    would apply the new construction deadlines and standard adopted in
    this proceeding for additional time to construct to the construction
    of such intermediate facilities that would meet the service
    requirement.[^173] If we adopt such a proposal, when must these
    stations construct their full, authorized post-transition
    facilities? If we do not afford such relief generally, should we
    afford such relief to small television broadcasters because of
    unique challenges they may face in completing their transition?

90. [Temporary Use of In-core Pre-Transition DTV Channels]{.underline}.
    We believe that some stations that are returning to their analog
    channel or moving to a new channel for post-transition operations
    may be able to temporarily remain on their in-core pre-transition
    DTV channel and provide adequate service after the transition date
    without causing impermissible interference to other stations or
    preventing other stations from making their transition. We propose
    to afford these stations with this opportunity if doing so would
    facilitate their transition. We propose to allow these stations to
    choose to temporarily remain on their pre-transition DTV channel if:

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(1) they serve at least the same area and population that receives their
    current analog TV and DTV service so that over-the-air viewers will
    not lose TV service;[^174] and

(2) they do not cause impermissible interference to other stations or
    prevent other stations from making their transition. We tentatively
    conclude that the 0.5 percent interference standard proposed for
    post-transition operations in section V.F.1., below, would apply
    because such operations would occur after the transition deadline.

We seek comment on this proposal. We propose for stations to make such
requests in accordance with the rules for STA.[^175] We believe
affording such regulatory flexibility to these stations will facilitate
the transition. We seek comment on this proposal, including its
usefulness to stations and on whether it is consistent with the
statutory transition deadline.[^176] Can a station readily determine
whether its continued operation after February 17, 2009 on its
pre-transition DTV channel would interfere with another station's
transition or operation? If we adopt this proposal, how long should we
allow stations to remain on their in-core pre-transition channel and
when must these stations construct their full, authorized
post-transition facilities?[^177] What effect would this proposal have
on the operation of DTV receiver equipment, including D-to-A converter
boxes?[^178] Finally, we seek comment on the implications of our
proposal with respect to the adoption of the new DTV Table.

91. [Channel Priority]{.underline}. We recognize that there may be some
    situations where a station's ability to commence its post-transition
    operations will be dependent on another station's construction and
    operating plans. For example, station A may need to begin testing
    its digital facility on its post-transition channel 11 in order to
    be ready to operate after the transition date, but station B is
    currently using the channel for pre-transition (analog or digital)
    service. In such situations, close cooperation will be needed
    between these stations. We expect that broadcasters will make all
    possible accommodations to ensure that all stations will be able to
    provide digital service on their post-transition channels at the
    transition date. Stations are reminded that their authority to
    operate on a pre-transition channel, whether analog or digital, ends
    on February 17, 2009, unless they have applied for and been granted
    authority to remain on a pre-transition channel. We seek comment on
    whether and, if so, what steps the Commission should take to ensure
    a smooth transition in these circumstances.

## Applications to Construct or Modify DTV Facilities

92. Stations that need to request authority to construct or modify their
    post-transition facilities must file CP or modification applications
    (*i.e.*, FCC Form 301 or 340).[^179] Stations may file an
    application to modify their authority on their current DTV channel
    at any time, provided they do not violate the terms of the
    Commission's filing freeze.[^180] Stations that have a license to
    operate or a CP to construct the facilities they want to retain for
    post-transition use should file applications if their licensed
    facilities or CP do not match the proposed new DTV Table Appendix B
    unless they have previously filed comments to amend the Table or
    Appendix B in the *Seventh FNPRM*, MB Docket No. 87-268.[^181]
    Appendix D lists the stations that are ready for post-transition
    operations and do not need to apply for a CP or modification based
    on current records. We invite comment on this list and whether there
    are stations that should be added or deleted.

93. [Filing Requirements]{.underline}. Commercial stations that need to
    construct or modify their post-transition facilities must file FCC
    Form 301 for a minor modification[^182] and submit the appropriate
    fee.[^183] NCE stations must file FCC Form 340. We propose that
    stations must limit their applications to those facilities specified
    in the new DTV Table Appendix B, as adopted. Pursuant to this
    proposal, applications requesting facilities that would serve a
    larger area than stations' new DTV Table Appendix B facilities would
    not be accepted at this time.[^184] Because the new DTV Table will
    have resolved the interference conflicts raised during the channel
    election process, we believe we would be able to process these
    applications without having to conduct interference analyses and
    without having to consider whether any applications are mutually
    exclusive. We seek comment on this proposal. Specifically, we seek
    input from any stations that may be unable to build precisely the
    facilities specified in the new DTV Table Appendix B (for example,
    if an antenna producing the exact antenna pattern described in
    Appendix B is not available). If such stations are prohibited from
    expanding beyond their DTV Table Appendix B facilities (as proposed
    *infra* in section V.E.), will they instead be required to reduce
    their facilities so significantly that they will be unable to
    provide adequate service? If so, should we allow stations that fall
    into this situation to expand beyond their DTV Table Appendix B
    facilities to the extent necessary to address the difference between
    the theoretical facilities specified in the new DTV Table Appendix B
    and the actual facilities which they are able to build?

94. [Expedited processing]{.underline}*.* It is each station's
    responsibility to ensure that it can begin operations on its
    post-transition channel upon expiration of the deadline for the
    transition on February 17, 2009.[^185] Thus, stations have a great
    incentive to promptly file their applications as soon as possible in
    order to have the maximum time to order equipment and build their
    facilities. Stations also have the responsibility to file their
    applications in sufficient time before the deadline so that they may
    be granted by the Commission. In order to provide further incentive
    for stations to timely file applications for their post-transition
    facilities, we propose to process expeditiously certain
    applications, provided they are filed no later than 45 days after
    the effective date of Section 73.616 of the rules adopted in the
    Report and Order in this proceeding. Stations whose channel
    assignments or facilities are not finalized at that time will
    receive expedited processing if they file their applications no
    later than the deadline specified in their individual channel
    resolutions. We believe this application filing deadline of 45 days
    after the effective date of Section 73.616 of the rules adopted in
    the Report and Order in this proceeding will give stations ample
    time to prepare for these filings and to complete construction prior
    to the deadline.[^186] Specifically, we propose to offer expedited
    processing to stations that timely apply for a CP to build their
    post-transition channel, provided that their application (i) does
    not seek to expand the station's facilities beyond its new DTV Table
    Appendix B facilities; and (ii) specifies facilities that match or
    closely approximate those new DTV Table Appendix B facilities
    (*i.e.*, if the station is unable to build precisely the facilities
    specified in the new DTV Table Appendix B, then it must apply for
    facilities that deviate no more than five percent from those
    Appendix B facilities with respect to predicted population). We
    believe we can quickly determine which stations are applying for
    facilities that do not extend in any direction beyond their DTV
    Table Appendix B facilities and then expeditiously review those
    stations' applications without conducting a significant interference
    analysis because those applications will either match or closely
    approximate their DTV Table Appendix B facilities.[^187] Further, we
    believe the creation of this process will allow us to grant
    qualified applications expeditiously, generally within 10 days of
    filing. We remind stations that expedited processing does not mean
    they will receive an expeditious grant.[^188] Applications that
    receive expedited review but that are not readily grantable by the
    Commission will require further action by the station.[^189] We seek
    comment on this proposal. We also seek comment on alternative
    methods to streamline the application process.

95. [Revisions to FCC Form 301 and 340]{.underline}. To accommodate
    filings related to stations' post-transition facilities, we propose
    to modify the FCC Forms 301 and 340, as attached.[^190] The form
    changes will allow stations to indicate that they are applying for
    post-transition facilities. They also will facilitate the expedited
    processing discussed above. We seek comment on our proposed forms
    and if additional changes to the forms are needed.

96. [Program tests/License to Cover CP]{.underline}*.* Stations must not
    commence program tests on their post-transition channels until they
    are ready to begin post-transition operations under program test
    authority. Stations that want to conduct program tests on their
    post-transition facilities must comply with the Commission's
    rules[^191] and coordinate with any affected stations when they do
    the testing. Each station is responsible for determining which other
    stations may be affected and coordinating accordingly. We expect
    that stations will work together cooperatively to facilitate
    testing. Upon completion of the construction of a television
    facility as authorized by a CP,[^192] a station may commence program
    tests upon notification to the Commission, provided that an
    application for a license to cover the CP for the post-transition
    facility, on FCC Form 302, is filed within 10 days, along with the
    appropriate fee.[^193] We do not believe any rule changes are
    necessary here.

## Expanding Facilities 

97. During the channel election process, stations defined their
    post-transition facilities, deciding whether they would (1)
    replicate their allotted facilities, (2) maximize to their currently
    authorized facilities, or (3) reduce to a currently authorized
    smaller facility. Stations, however, were not allowed to seek
    facilities that would expand their coverage areas beyond that
    authorized by a license, CP or STA. This was precluded by the
    Commission's freeze on the filing of maximization applications in
    order to provide a stable database for developing the new DTV
    Table.[^194]

98. We recognize that stations may want to apply to expand their
    facilities to serve a larger area than defined in the new DTV Table
    Appendix B, as adopted. Stations' new channel assignments may
    present them with new opportunities to offer expanded DTV coverage,
    either because the stations may be moving to a new channel that does
    not have the same interference restrictions or because other
    stations on adjacent channels may be moving away, thus eliminating
    prior interference conflicts. It may save some stations time and
    money if they are able to file only one application for expanded
    facilities.

99. We believe, however, that we must first ensure that all stations can
    at least provide digital service to their analog viewers by the
    transition date before considering new maximization applications. We
    thus tentatively decide not to allow stations to apply for expanded
    facilities at this time. We propose to consider the issue of
    expanded facilities after all stations have had an opportunity to
    apply for their facilities as specified in the new DTV Table
    Appendix B. We seek comment on this approach and on our tentative
    conclusions. We also invite comment on ways in which stations could
    seek expanded facilities at this time without delaying the
    transition or overburdening the scarce resources needed by other
    stations to transition.

## Interference Standards

100. Although we have proposed, above, not to allow stations to apply to
     maximize their facilities at the same time that we will be
     accepting applications for construction permits for the new DTV
     Table Appendix B facilities, we do intend to allow stations to
     apply for maximization once it is appropriate to do so. At that
     point, we will need to have our post-transition interference
     standards in place. In addition, it is our understanding that
     knowing what those post-transition interference standards will be
     in advance may enable stations to anticipate future equipment needs
     and allow them to minimize their capital expenditures by buying
     equipment that can be used both now and in the future.[^195]
     Accordingly, we believe it is appropriate at this time to propose
     what those post-transition interference standards will be. In this
     section, we consider interference protection methodologies and
     requirements for application processing, as well as for rulemaking
     petitions to add a new DTV allotment or change the channel of an
     existing allotment.

101. In adopting the initial DTV Table in the 1997 *Sixth Report and
     Order*, the Commission concluded that it would apply geographic
     spacing standards in determining whether to permit the addition of
     DTV allotments in the Table.[^196] The Commission noted that
     geographic spacing provides a clear and simple measure of
     acceptability of an allotment proposal without the need to engage
     in extensive analysis of interference and has been used
     successfully in the television service for many years.[^197] The
     Commission recognized, however, that engineering criteria may allow
     more efficient use of the spectrum and stated it would revisit the
     allotment criteria at an appropriate point later in the DTV
     transition process. The Commission also determined in the *Sixth
     Report and Order* that a party applying for a modification of the
     DTV Table would need to show that its proposed modification would
     not result in any new predicted interference to other DTV
     allotments or existing NTSC stations, based on the engineering
     technical criteria used to develop the initial DTV Table.[^198] On
     reconsideration, the Commission replaced this no new interference
     standard with a *de minimis* standard pursuant to which stations
     may make changes in their operation where the requested change
     would not result in more than a 2.0 percent increase in
     interference to the population served by another TV or DTV
     broadcast station, and provided that the protected station is not,
     or will not be, receiving interference in excess of 10 percent of
     its population from all combined interfering stations.[^199] This
     *de minimis* standard for permissible new interference was adopted
     to provide flexibility for broadcasters in the implementation of
     DTV by allowing additional opportunities for stations to maximize
     their DTV coverage and/or service by increasing power and/or making
     other changes in their facilities.[^200]

102. The Commission has also relied on other interference standards in
     the DTV context. For example, applicants seeking facilities
     modifications of full-service NTSC stations are allowed to cause a
     0.5 percent margin above a prediction of no reduction in the
     population served by a DTV station to account for rounding and
     calculation tolerances.[^201] Applicants for analog TV translator
     and low power TV ("LPTV") stations must propose facilities that do
     not exceed specified threshold D/U ratios at a DTV station's
     noise-limited contour or at all points within the noise-limited
     area in the case of adjacent channel stations proposing to locate
     inside the DTV noise-limited contour.[^202] In addition, in the
     channel election process that led to the proposed new DTV Table for
     post-transition operation, an interference conflict was determined
     to exist when it was predicted that more than 0.1 percent new
     interference would be caused to another station.[^203]

### Proposed Interference Criteria

103. When evaluating applications to construct post-transition
     facilities, we propose to use an interference protection
     requirement based on engineering criteria (e.g., permissible
     interference) rather than a geographic spacing requirement.[^204]
     We believe this will allow for a more flexible design of proposed
     stations while offering a high level of protection to existing
     authorized service. By their nature, geographic spacing
     requirements do not take into account intervening terrain features
     (or the lack of such features). Stations separated by the same
     distance may create significant mutual interference in areas of
     flat terrain while no interference is predicted in circumstances
     where intervening terrain limits the signals from either or both
     stations. Where authorized DTV stations wish to change their
     assigned DTV channel through a rulemaking petition, we also believe
     applying the proposed engineering criteria is appropriate. On the
     other hand, we continue to believe that geographic spacing
     requirements represent a preferred approach for evaluating a
     petition for rulemaking requesting a new DTV allotment. In such new
     allotment cases, information about actual transmitter site
     locations and facilities are generally not available. We propose to
     apply an engineering criteria approach in all cases involving
     applications and to use geographic spacing requirements only for
     rulemaking petitions seeking new DTV channel allotments. We seek
     comment on these proposals and tentative conclusions, as well as on
     alternative methods of providing interference protection.

104. Our proposed engineering criteria to evaluate all post-transition
     applications would limit the predicted interference that a station
     may cause to 0.5 percent of the protected station's service
     population. This proposed 0.5 percent interference standard is
     stricter than the 2 percent/10 percent criteria that has applied
     since early in the DTV transition. The 2 percent/10 percent rules
     were established in order to accomplish the difficult task of
     accommodating every existing TV station with a second channel for
     DTV operation within the spectrum already allocated for TV
     broadcasting and heavily used in some areas. As indicated above,
     the Commission initially adopted a stricter "no interference"
     standard, but on reconsideration recognized that stations would
     need flexibility as they attempted to implement their second
     channels in this congested spectrum environment. The flexibility
     provided under the 2 percent/10 percent standard allowed many
     stations to propose increased coverage, helping to provide DTV
     signals to more viewers early in the transition.

105. In addition, we note that our 0.5 percent proposal is not as strict
     as the 0.1 percent new interference criterion that was employed for
     determining interference conflicts in the channel election process.

106. Our proposed requirement that interference from a DTV application
     for post-transition use not exceed 0.5 percent is the same
     requirement as we have used during the transition for analog TV
     stations protecting DTV stations.[^205] It can be viewed as a "no
     new interference" criteria when the amount of predicted
     interference is rounded to the nearest whole percent (*i.e.*, any
     determination of less than 0.5 percent interference would be
     considered to be 0 percent, while an interference determination
     greater than 0.5 percent would round up to 1.0 percent.) This level
     of rounding is more reflective of the accuracy of the interference
     prediction model than the 0.1 percent criterion.[^206]

107. Because our proposed 0.5 percent interference limit is
     significantly less than the 2 percent limit that we now use, we do
     not believe it is necessary to continue to impose the 10 percent
     cap on total interference from all sources.[^207] The new DTV Table
     has fewer stations than the initial Table that exceed the 10
     percent limit and many of those stations elected their proposed
     channel knowing that the amount of interference would exceed that
     amount. In lieu of the 10 percent component of the current
     standard, we propose to limit the total interference any station
     would receive from all sources by requiring that stations already
     predicted to cause more than 0.5 percent interference to another
     station will not be allowed to increase the interference they are
     authorized to cause.[^208]

108. We seek comment on our proposals to limit permissible interference
     to 0.5 percent and to not allow *any* increase in situations where
     the amount of interference currently caused exceeds 0.5 percent, as
     well as on any other methods to limit total interference. Does 0.5
     percent reflect the right balance between protecting established
     DTV service and affording adequate flexibility to stations seeking
     to establish post-transition operations? Would another amount be
     more appropriate?

109. We propose to evaluate compliance with the 0.5 percent standard
     using the Office of Engineering and Technology's OET Bulletin No.
     69 ("OET 69") methodology,[^209] but using 2000 census data as was
     done during the channel election process.[^210] We seek comment on
     whether other changes to the OET 69 methodology are necessary here.
     For example, the standard OET 69 analysis evaluates "cells" within
     a station's coverage area which are squares 2 kilometers on a side.
     We have generally allowed applicants to specify analysis based on
     cells that are smaller because such analysis is arguably more
     accurate. As a result, we understand that some applications have
     been based on evaluating many possible smaller cell sizes until the
     desired result is obtained.[^211] Such "shopping" for advantageous
     cell sizes does not improve the accuracy of the evaluation. Should
     standards for allowable smaller cell sizes be established (for
     example only allowing 1.0 km or 0.5 km cell sizes to be requested)?

110. We also note that, in other proceedings, we have received comments
     that it may be useful to adopt variable D/U ratios for adjacent
     channel interference depending upon the received signal levels
     predicted for the desired signals because the D/U interference
     ratios employed for upper and lower first-adjacent channels are
     based on test results for weak desired signal strengths and may
     produce inaccurate predictions where the interfering station is
     located in an area that receives a strong desired signal
     strength.[^212] Thus, we seek comment on whether a change should be
     adopted to reflect this concern in situations where
     adjacent-channel transmitters are proposed to be located inside a
     desired station's noise-limited service contour.[^213]

111. For new DTV allotments, we propose to continue to use the
     DTV-to-DTV geographic separation requirements contained in Section
     73.623(d) of the rules.[^214] We note that these distances were
     developed to be analogous to the long-standing analog TV geographic
     spacing rules. We intend that our consideration of petitions for
     rule making requesting new DTV allotments will be consistent with
     the process we have used for analog TV allotments in that
     short-spacing waivers will not be allowed. However, as with analog
     spacing distances, the DTV spacing distances allow regular
     occasions of predicted interference to occur. After a new DTV
     allotment has been approved, we propose to regulate the extent of
     this interference by requiring applications for these DTV
     allotments to comply with the same engineering criteria standards
     we are proposing for all other DTV applications. This method of
     allowing flexibility for applicants seeking a new DTV allotment
     while protecting existing DTV stations' service is consistent with
     our analog TV application practice of considering applications that
     require a waiver of the geographic spacing requirements.[^215] We
     seek comment on this proposal, as well as on alternative methods
     for evaluating requests for new DTV allotments.

112. Going forward, we propose to protect each station's new DTV Table
     Appendix B facilities' coverage only until it has a CP or license
     for its post-transition operation, at which time we will limit its
     interference protection to its authorized coverage area. We
     recognize, however, that we are proposing to require that stations
     initially apply for facilities that do not expand their certified
     coverage and some stations would need to specify facilities that
     create a predicted service contour that is smaller in some
     directions than their certified coverage contour in order to comply
     with that proposal. When the filing freeze is lifted, we expect
     many such stations will file maximization applications. To avoid
     penalizing stations in such a situation, we propose to temporarily
     continue to require that other stations' maximization applications
     protect the new DTV Table Appendix B facilities of stations, even
     though most stations should have a CP or license at that time. At
     an appropriate time, the Media Bureau would announce the change to
     limit the required protection to CPs and licenses for stations that
     have such authorizations. We seek comment on this proposal.

### Pre-Transitional Operations 

113. We continue to process applications for analog and DTV new
     stations, and changes to existing or authorized stations that
     comply with the freeze. With respect to these applications for
     pre-transition operation, we intend to continue using the current
     interference protection rules.[^216] We seek comment on this
     conclusion. In particular, the current requirements provide that an
     application for a new or modified analog TV station must not cause
     more than 0.5 percent interference to any authorized DTV station or
     allotment. Such an analog TV application must protect other analog
     TV stations by meeting the distance spacing requirements.[^217] An
     application for a new or modified DTV station must not cause more
     than 2.0 percent interference to any authorized analog TV station,
     DTV station or DTV allotment. Such DTV applications also must not
     cause the total cumulative interference received by any protected
     station to exceed 10.0 percent.[^218] Calculations of predicted
     interference percentages will continue to be based on the standard
     OET 69 methodology, including use of 1990 Census data.[^219] The
     current database of authorized or applied for stations would also
     continue to be used.

## Other Issues 

### DTV Transmission Standard (ATSC A/53)

114. In the *Second DTV Periodic Report and Order*, the Commission
     revised its DTV transmission standard, contained in Section
     73.682(d) of the rules,[^220] to specify the use of the August 7,
     2001 Advanced Television Systems Committee ("ATSC") DTV
     transmission standard A/53 Revision B with Amendment 1 and
     Amendment 2 ("A/53-B").[^221] The Commission also stated that it
     would continue to encourage further improvements to the DTV
     standards and conduct additional rulemakings as appropriate to
     incorporate future updates of the ATSC DTV transmission standard
     into the Commission's rules. We propose to update Section 73.682(d)
     to reflect revisions to the ATSC DTV transmission standard A/53-B
     since the *Second DTV Periodic Report and Order*. We seek comment
     on this proposal.

115. Since Section 73.682(d) was revised in the *Second DTV Periodic
     Report and Order*, ATSC has continued to update the ATSC DTV
     transmission standard; the current version is A/53 Revision E, with
     Amendments No. 1 and 2 ("A/53-E").[^222] A/53-E differs from A/53-B
     in several respects. First, A/53-E offers several improvements over
     A/53-B, including the specifications for Enhanced 8-VSB (E8-VSB")
     for terrestrial broadcast.[^223] E8-VSB enables Enhanced Services,
     which allow broadcasters to allocate the base 19.39 Mbps data rate
     between Main Service data and Enhanced Services data.[^224]
     Enhanced Services data is designed to have higher immunity to
     certain channel impairments than Main Service data, but Enhanced
     Services data is delivered at a reduced information rate selected
     by the broadcaster from the specified options.[^225] A/53-E further
     describes the coding constraints that apply to the use of the
     MPEG-2 systems specification[^226] in the DTV system, including
     mandatory main and optional enhanced services.[^227] It also
     improves the Active Format Description ("AFD") specifications by
     revising and clarifying the relevant standards.[^228] In light of
     these advantages, we believe that updating the Commission's rules
     to specify A/53-E will benefit both broadcasters and consumers by
     allowing broadcasters the flexibility to offer new technological
     services. We seek comment on this tentative conclusion.

116. In the *Second DTV Periodic Report and Order*, the Commission
     declined to mandate that broadcasters use the AFD when the active
     video portion picture does not completely fill the coded picture.
     The Commission stated that the revisions in the new standard were
     developed through careful consideration and deliberation within the
     technical committees of ATSC and thus reflected a consensus
     agreement based on the input of parties from various segments of
     the industry.[^229] As a result, broadcasters were given the option
     to use AFD, but if a station included AFD data it had to follow the
     ATSC standard. The Commission noted, however, that as more
     consumers acquired widescreen aspect ratio sets, the problem of
     "postage stamp video"[^230] would become more prevalent if not
     addressed by broadcasters. At the time, the Commission believed
     that broadcasters would want to make their programming attractive
     to viewers as they begin to adopt DTV. A coordinated effort on
     clarifying AFD and bar data standards between ATSC, CEA and the
     Society of Motion Picture and Television Engineers ("SMPTE")
     resulted in a CEA recommended practice (CEA-CEB16) titled "Active
     Format Description (AFD) & Bar Data Recommended Practice," and a
     proposed SMPTE 2016-1 standard for television -- Format for Active
     Format Description and Bar Data.[^231] These efforts were designed
     to encourage the use of AFD by broadcasters. We thus seek comment
     on whether these voluntary, industry driven efforts are sufficient,
     or if, instead, we should require broadcasters to provide AFD and
     bar data. If we do impose such a requirement, should broadcasters
     be required to provide AFD data for all programming broadcast,
     regardless of its source? Should such a requirement extend to live
     programming (*e.g.*, sports and other events where a combination of
     SD and HD equipment may be used)? Assuming that we did require the
     inclusion of AFD, what effect would the imposition of such a
     requirement have on small broadcasters? We seek comment on these
     issues.

### Program System and Information Protocol ("PSIP") Standard 

117. In the *Second DTV Periodic Report and Order*, the Commission
     revised Section 73.682(d) to require the use of the ATSC Program
     System and Information Protocol ("PSIP") standard A/65-B.[^232]
     PSIP data is transmitted along with a station's DTV signal and
     provides DTV receivers with information about the station and what
     is being broadcast.[^233] PSIP data provides a method for DTV
     receivers to identify a DTV station and to determine how a receiver
     can tune to it. For any given station, the PSIP data transmitted
     along with the digital signal identifies both its DTV channel
     number and its analog channel number (referred to as the "major"
     channel number), thereby making it easy for viewers to tune to the
     station's DTV channel even if they only know the station's major
     channel number. In addition, PSIP data tells the receiver whether
     multiple program streams are being broadcast and, if so, how to
     find them. It also identifies whether the programs are closed
     captioned, conveys available V-chip information, and provides
     program information, among other things. The Commission has
     recognized the utility that the ATSC PSIP standard offers for both
     broadcasters and consumers.[^234]

118. Since Section 73.682(d) was revised in the *Second DTV Periodic
     Report and Order*, ATSC has updated the ATSC PSIP standard; the
     current version is A/65-C. This new revision further enhances the
     PSIP standard and support for delivery of data. The updated ATSC
     PSIP standard now requires broadcasters to populate the Event
     Information Tables ("EITs") with accurate information about each
     event and to update the EIT if more accurate information becomes
     available. Currently, under version A/65-B, many broadcasters
     provide only general information in the EIT tables. For example, a
     network affiliate may provide "network programming" as the
     descriptor for the majority of its program offerings. We propose to
     update Section 73.682(d) to reflect these revisions to the ATSC
     PSIP standard since the *Second DTV Periodic Report and Order*. We
     seek comment on this proposal. In particular, we request input
     regarding the burden that compliance with A/65-C would place on
     broadcasters -- especially small broadcasters.

119. We also seek comment from broadcasters and others as to the need to
     include more accurate, detailed, and up-to-date information about
     each event under this new PSIP standard. We also seek comment about
     whether PSIP information is being passed through to cable and
     satellite subscribers.[^235] If satellite carriers are not passing
     through PSIP information, is the information otherwise being
     reflected adequately in the electronic program guide and signal
     they provide to subscribers?

### Fees for Ancillary and Supplementary Services

120. In this section, we seek comment on Section 73.624(g) of the
     Commission's rules, which requires DTV licensees to report whether
     they have provided ancillary and supplementary services and to pay
     a fee of five percent of gross revenues derived from certain of
     those services. As currently written, this rule refers to the
     payment of such fees by "DTV licensees." We seek comment on whether
     the Commission can and should revise its rules to require that all
     DTV broadcasters, including permittees operating pursuant to an STA
     or any other FCC instrument authorizing DTV transmissions, that
     earn revenue from feeable ancillary and supplementary services, are
     subject to the provisions of Section 73.624(g).[^236]

### Station Identification

121. In 2004, the Commission established rules generally requiring DTV
     stations to follow the same rules for station identification as
     analog stations.[^237] Specifically, digital stations are required
     to make station identification announcements, either visually or
     aurally, at the beginning and end of each time of operation as well
     as hourly. The identification must consist of the station's call
     letters followed by the community or communities specified in the
     station's license as the station's location. Stations may insert
     between the call letters and the station's community of license the
     station's frequency, channel number, name of the licensee, and/or
     the name of the network, at their discretion.

122. A station choosing to include its channel number in its station
     identification must use the major (analog) channel number.[^238]
     The Commission adopted the ATSC A/65B standard and noted that PSIP,
     which is part of that standard, allows viewers to see a
     broadcaster's major channel number regardless of the broadcaster's
     allocated digital broadcast channel.[^239] The Commission permitted
     stations choosing to multicast to include additional information in
     their station announcements identifying each program stream.[^240]
     The Commission's rules require that the station that is
     transmitting the multicast stream is the station whose
     identification must appear on the program stream.[^241]

123. Now that stations have some experience in applying these station
     identification rules to digital stations, we invite comment on
     whether these rules provide sufficient clarity to broadcasters and
     viewers. We specifically invite comment on whether the current
     rules provide for appropriate identification of multicast channels,
     particularly in circumstances in which one of a station's multicast
     streams is being used to air programming provided by another
     broadcast station, such as a low power station. As the Commission
     has previously noted, as stations transition to digital format and
     provide multicast programming, thereby increasing the number of
     program streams potentially available to the public, clear
     identification of the station providing the programming viewers are
     watching becomes increasingly important, both for the viewers and
     for stations themselves.[^242] We invite comment on any and all
     aspects of the Commission's station identification rules, whether
     any changes to or clarifications of the rules are appropriate, and,
     if particular problems implementing the rules have arisen, specific
     proposals for how the rules should be changed.

### Coordination with Cable Operators, Satellite Systems and Other MVPD Providers 

124. We recognize that the transition to digital television necessarily
     involves coordination with Multichannel Video Programming
     Distributors ("MVPDs").[^243] Because a majority of television
     viewers receive their broadcast signals via an MVPD,[^244] if these
     providers have problems receiving and retransmitting digital
     signals when analog signals are turned off, that could have a
     significant adverse impact on the digital transition. We seek
     comment here on the issues specifically related to MVPD readiness
     to receive and retransmit digital signals to their subscribers when
     analog service ends on February 17, 2009.[^245] We also invite
     comment on what steps, if any, are necessary to allow consumers to
     continue to receive over-the-air television signals in a variety of
     settings outside their homes, such as hotels, restaurants,
     universities and offices.

125. In this regard, we solicit comment from cable operators, satellite
     carriers, and private cable operators (also known as Satellite
     Master Antenna Television or "SMATV" providers) regarding steps
     they are taking to ensure that their subscribers will continue to
     receive local broadcast stations after the termination of
     over-the-air analog broadcast signals from full power stations.
     Moreover, we request comment on whether and what type of
     coordination is needed between broadcast television stations and
     MVPDs to facilitate a timely and smooth transition, whether this
     coordination is underway, and what actions the Commission could
     take to facilitate that coordination. For example, will cable and
     satellite operators have technical difficulties receiving digital
     signals from local television stations on new channels (and in some
     cases from different transmission facilities)? Are changes needed
     at cable and SMATV headends and satellite local receive facilities
     to receive these signals? Have MVPDs experienced difficulties
     receiving and retransmitting local digital broadcast signals thus
     far? Will MVPDs be able to handle all the various channel changes
     and other modifications that will be necessary, many of which will
     occur at midnight on February 17, 2009? Do MVPDs need to test
     reception and retransmission capabilities in advance of the
     transition, and, if so, when, and how, in light of construction
     deadlines?

# Procedural Matters

## Initial Regulatory Flexibility Act Analysis

126. The Initial Regulatory Flexibility Analysis is attached to this
     Notice as Appendix C.

## Initial Paperwork Reduction Act of 1995 Analysis

127. This Notice has been analyzed with respect to the Paperwork
     Reduction Act of 1995 ("PRA"),[^246] and contains proposed new and
     modified information collection requirements, including the
     following proposals: (1) Applications detailing stations' plans for
     completing their transitions;[^247] (2) Applications to construct
     or modify post-transition facilities (using FCC Forms 301 and
     340);[^248] (3) Requests to reduce analog TV service;[^249] (4)
     Requests to terminate analog TV service;[^250] (5) Requests to
     flash cut;[^251] (6) Requests for STA to use analog translators to
     offset loss of analog service;[^252] (7) Requests for extension of
     time to construct (using FCC Form 337), or to toll the construction
     deadline for, DTV facilities;[^253] (8) Requests to transition
     early to their post-transition channel;[^254] (9) Requests for STA
     to temporarily remain on their in-core pre-transition DTV
     channel;[^255] (10) Requests for STA to build less than full,
     authorized post-transition facilities by the deadline;[^256] (11)
     Applications for a license to cover post-transition facilities
     (using FCC Form 302 DTV);[^257] and (12) PSIP requirement to
     populate the Event Information Tables ("EITs") with accurate
     information about each event and to update the EIT if more accurate
     information becomes available.[^258] The Commission, as part of its
     continuing effort to reduce paperwork burdens, invites the general
     public and the Office of Management and Budget ("OMB") to comment
     on the proposed information collection requirements contained in
     this Notice, as required by the PRA.

128. Written comments on the PRA proposed information collection
     requirements must be submitted by the public, the OMB, and other
     interested parties on or before **60 days from date of publication
     of this Notice in the Federal Register**. Comments should
     address: (a) whether the proposed collection of information is
     necessary for the proper performance of the functions of the
     Commission, including whether the information shall have practical
     utility; (b) the accuracy of the Commission's burden estimates; (c)
     ways to enhance the quality, utility, and clarity of the
     information collected; and (d) ways to minimize the burden of the
     collection of information on the respondents, including the use of
     automated collection techniques or other forms of information
     technology. In addition, pursuant to the Small Business Paperwork
     Relief Act of 2002,[^259] we seek specific comment on how we might
     "further reduce the information collection burden for small
     business concerns with fewer than 25 employees."

129. In addition to filing comments with the Office of the Secretary, a
     copy of any comments on the proposed information collection
     requirements contained herein should be submitted to Cathy
     Williams, Federal Communications Commission, 445 12th St, S.W.,
     Room 1-C823, Washington, D.C., 20554, or via the Internet to
     [Cathy.Williams@fcc.gov](mailto:Cindy.Williams@fcc.gov); and also
     to Kristy L. LaLonde, OMB Desk Officer, Room 10234 NEOB, 725 17th
     Street, N.W., Washington, D.C. 20503, or via Internet to
     <Kristy_L._LaLonde@omb.eop.gov>, or via fax at 202-395-5167.

130. [Further Information]{.underline}*.* For additional information
     concerning the PRA proposed information collection requirements
     contained in this Notice, contact Cathy Williams at 202-418-2918,
     or via the Internet to <Cathy.Williams@fcc.gov>.

## Ex Parte Rules 

131. [Permit-But-Disclose]{.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
     Commission's rules.[^260] *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.[^261] Additional rules
     pertaining to oral and written presentations are set forth in
     section 1.1206(b).

## Filing Requirements

132. [Comments and Replies]{.underline}. Pursuant to Sections 1.415 and
     1.419 of the Commission's rules,[^262] interested parties may file
     comments and reply comments on or before the dates indicated on the
     first page of this document. Comments may be filed using: (1) the
     Commission's Electronic Comment Filing System ("ECFS"), (2) the
     Federal Government's eRulemaking Portal, or (3) by filing paper
     copies.[^263]

133. [Electronic Filers]{.underline}*:* Comments may be filed
     electronically using the Internet by accessing the ECFS:
     <http://www.fcc.gov/cgb/ecfs/> or the Federal eRulemaking Portal:
     [http://www.regulations.gov](http://www.regulations.gov/). Filers
     should follow the instructions provided on the website for
     submitting comments. For ECFS filers, if multiple docket or
     rulemaking numbers appear in the caption of this proceeding, filers
     must transmit one electronic copy of the comments for each docket
     or rulemaking number referenced in the caption. In completing the
     transmittal screen, filers should include their full name, U.S.
     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, filers should send an
     e-mail to <ecfs@fcc.gov>, and include the following words in the
     body of the message, "get form." A sample form and directions will
     be sent in response.

134. [Paper Filers]{.underline}*:* 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 appears in the caption of this
     proceeding, filers must submit two additional copies for each
     additional docket or rulemaking number. Filings can be sent by hand
     or messenger delivery, by commercial overnight courier, or by
     first-class or overnight U.S. Postal Service mail (although we
     continue to experience delays in receiving U.S. Postal Service
     mail). All filings must be addressed to the Commission's Secretary,
     Office of the Secretary, Federal Communications Commission.

-   The Commission's contractor will receive hand-delivered or
    messenger-delivered paper filings for the Commission's Secretary at
    236 Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The
    filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand
    deliveries must be held together with rubber bands or fasteners. Any
    envelopes must be disposed of before entering the building.

-   Commercial overnight mail (other than U.S. Postal Service Express
    Mail and Priority Mail) must be sent to 9300 East Hampton Drive,
    Capitol Heights, MD 20743.

-   U.S. Postal Service first-class, Express, and Priority mail should
    be addressed to 445 12th Street, SW, Washington DC 20554.

135. [Availability of Documents]{.underline}. Comments, reply comments,
     and *ex parte* submissions will be available for public inspection
     during regular business hours in the FCC Reference Center, Federal
     Communications Commission, 445 12^th^ Street, S.W., CY-A257,
     Washington, D.C., 20554. These documents will also be available via
     ECFS. Documents will be available electronically in ASCII, Word 97,
     and/or Adobe Acrobat.

136. [Accessibility Information]{.underline}*.* To request information
     in accessible formats (computer diskettes, large print, audio
     recording, and Braille), send an e-mail to <fcc504@fcc.gov> or call
     the FCC's Consumer and Governmental Affairs Bureau at (202)
     418-0530 (voice), (202) 418-0432 (TTY). This document can also be
     downloaded in Word and Portable Document Format (PDF) at:
     [http://www.fcc.gov](http://www.fcc.gov/).

137. [Additional Information]{.underline}. For additional information on
     this proceeding, contact Evan Baranoff, <Evan.Baranoff@fcc.gov>, or
     Eloise Gore, <Eloise.Gore@fcc.gov>, of the Media Bureau, Policy
     Division, (202) 418-2120; Gordon Godfrey, <Gordon.Godfrey@fcc.gov>,
     of the Media Bureau, Engineering Division, (202) 418-7000;Nazifa
     Sawez, <Nazifa.Sawez@fcc.gov>, of the Media Bureau, Video
     Division, (202) 418-1600; or Alan Stillwell,
     <Alan.Stillwell@fcc.gov>, of the Office of Engineering and
     Technology, (202) 418-2470.

# Ordering Clauses

138. Accordingly, IT IS ORDERED that pursuant to Sections 1, 4(i) and
     (j), 7, 301, 302, 303, 307, 308, 309, 312, 316, 318, 319, 324, 325,
     336, and 337 of the Communications Act of 1934, 47 U.S.C §§ 151,
     154(i) and (j), 157, 301, 302a, 303, 307, 308, 309, 312, 316, 318,
     319, 324, 325, 336, and 337 that NOTICE IS HEREBY GIVEN of the
     proposals and tentative conclusions described in this *Notice of
     Proposed Rulemaking*, including the proposed amendments to Part 73
     of the Commission's rules, as set forth in Appendix A.

139. IT IS FURTHER ORDERED that the Reference Information Center,
     Consumer Information Bureau, shall send a copy of this Notice of
     Proposed Rulemaking, including the Initial Regulatory Flexibility
     Analysis, to the Chief Counsel for Advocacy of the Small Business
     Administration.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**APPENDIX A**

**Proposed Rule Changes**

1\. Add a new § 73.616 to read as follows:

**Section 73.616 Post-transition DTV station interference protection.**

**(a) A petition to add a new channel to the post-transition DTV Table
of Allotments contained in section 73.622(i) of this subpart will not be
accepted unless it meets: the DTV-to-DTV geographic spacing requirements
of section 73.623(d)(2) with respect to all existing DTV allotments in
the post-transition DTV Table; the principle community coverage
requirements of section 73.625(a); the Class A TV and digital Class A TV
protection requirements in paragraph (d) of this section; the land
mobile protection requirements of section 73.623(e); and the FM radio
protection requirement of 73.623(f).**

**(1) The reference coordinates of a post-transition DTV allotment shall
be the authorized transmitter site, or, where such a transmitter site is
not available for use as a reference point, the coordinates as
designated in the FCC order creating or modifying the post-transition
DTV Table of Allotments.**

**(b) An application for a new post-transition DTV broadcast station or
for changes in an authorized post-transition DTV station will not be
accepted for filing unless it protects all land mobile operation on
channels 14-20 in accordance with section 73.623(e) and all other
post-transition DTV stations from interference in excess of the limits
established in this section. An application must not cause interference
to more than: the greater of either 0.5 percent the population served by
the other station or the amount of interference already predicted to be
caused by the applicant's authorized facilities.**

**(1) The protected facilities of a post-transition DTV allotment shall
be the facilities (effective radiated power, antenna height and antenna
directional radiation pattern, if any) authorized by a construction
permit or license, or, where such an authorization is not available for
establishing reference facilities, the facilities designated in the FCC
order creating or modifying the post-transition DTV Table of
Allotments.**

**(2) For evaluating compliance with this requirement, interference to
populations served is to be predicted based on the 2000 census
population data and otherwise according to the procedure set forth in
OET Bulletin No. 69, including population served within service areas
determined in accordance with section 73.622(e), consideration of
whether F(50,10) undesired signals will exceed the following
desired-to-undesired (D/U) signal ratios, assumed use of a directional
receiving antenna, and use of the terrain dependent Longley-Rice
point-to-point propagation model. Copies of OET Bulletin No. 69 may be
inspected during normal business hours at the: Federal Communications
Commission, Room CY-C203, 445 12th Street, SW., Reference Information
Center, Washington, DC 20554. These documents are also available through
the Internet on the FCC Home Page at http://www.fcc.gov. The threshold
levels at which interference is considered to occur are:**

**(i) For co-channel stations, the D/U ratio is +15 dB. This value is
only valid at locations where the signal-to-noise ratio is 28 dB or
greater. At the edge of the noise-limited service area, where the
signal-to-noise (S/N) ratio is 16 dB, this value is +23 dB. At locations
where the S/N ratio is greater than 16 dB but less than 28 dB, D/U
values are computed from the following formula:**

**D/U = 15+10log~10~\[1.0/(1.0-10^-x/10^)\]**

**Where x = S/N-15.19 (minimum signal to noise ratio)**

**(ii) For interference from a lower first-adjacent channel, the D/U
ratio is -28 dB.**

**(iii) For interference from a upper first-adjacent channel, the D/U
ratio is -26 dB.**

**(c) Due to the frequency spacing that exists between Channels 4 and 5,
between Channels 6 and 7, and between Channels 13 and 14, the minimum
adjacent channel technical criteria specified in this section shall not
be applicable to these pairs of channels (see section 73.603(a)).**

**(d) A petition to add a new channel to the post-transition DTV Table
or a post-transition DTV station application that proposes to expand its
allotted or authorized coverage area in any direction will not be
accepted if it is predicted to cause interference to a Class A TV
station or to a digital Class A TV station authorized pursuant to
Subpart J of this part, within the protected contour defined in section
73.6010 of this part.**

**(1) Interference is predicted to occur if the ratio in dB of the field
strength of a Class A TV station at its protected contour to the field
strength resulting from the facilities proposed in the DTV application
(calculated using the appropriate F(50,10) chart from Figure 9a, 10a, or
10c of Sec. 73.699 of this part) fails to meet the D/U signal ratios for
"DTV-into-analog TV" specified in section 73.623(c)(2).**

**(2) Interference is predicted to occur if the ratio in dB of the field
strength of a digital Class A TV station at its protected contour to the
field strength resulting from the facilities proposed in the DTV
application (calculated using the appropriate F(50,10) chart from Figure
9a, 10a, or 10c of section 73.699 of this part) fails to meet the D/U
signal ratios specified in paragraph (b)(2) of this section.**

**(3) In support of a request for waiver of the interference protection
requirements of this section, an applicant for a post-transition DTV
broadcast station may make full use of terrain shielding and
Longley-Rice terrain dependent propagation methods to demonstrate that
the proposed facility would not be likely to cause interference to Class
A TV stations. Guidance on using the Longley-Rice methodology is
provided in OET Bulletin No. 69, which is available through the Internet
at http://www.fcc.gov/oet/info/documents/bulletins/#69.**

**NOTE: When this rule was adopted, the filing freeze announced in an
August 2004 Public Notice (19 FCC Rcd 14810 (MB 2004)) remained in
effect. For a short period of time after the filing freeze is lifted,
until a date to be announced by a Media Bureau Public Notice, applicants
must protect Appendix B facilities in addition to any authorized
facilities required to be protected pursuant to this rule section.**

2\. Amend § 73.623 by adding a note before paragraph (a) to read as
follows:

Section 73.623 DTV applications and changes to DTV allotments

**NOTE: Petitions for rule making and applications seeking facilities
that will operate after the end of the DTV transition must also comply
with section 73.616.**

\(a\) \* \* \*

3\. Amend § 73.624 by adding paragraph (d)(1)(v) and revising paragraph
(d)(3) to read as follows:

Section 73.624 Digital television broadcast stations

\* \* \* \* \*

\(d\) Digital television broadcast facilities that comply with the FCC
DTV Standard ([section
73.682(d)](http://web2.westlaw.com/find/default.wl?rp=%2Ffind%2Fdefault.wl&vc=0&DB=1000547&DocName=47CFRS73.682&FindType=L&ReferencePositionType=T&ReferencePosition=SP%3B5ba1000067d06&AP=&fn=_top&rs=WLW7.02&mt=Communications&vr=2.0&sv=Split)),
shall be constructed in the following markets by the following dates:

(1)(i) May 1, 1999: all network-affiliated television stations in the
top ten television markets;

\(ii\) November 1, 1999: all network-affiliated television stations not
included in category (1)(i) and in the top 30 television markets;

\(iii\) May 1, 2002: all remaining commercial television stations;

\(iv\) May 1, 2003: all noncommercial television stations.

**(v) February 17, 2009 is the deadline for the completion of
construction of post-transition (DTV) facilities for all commercial and
noncommercial television stations whose post-transition digital channel
is different from their pre-transition digital channel. For purposes of
this construction deadline, the post-transition facilities to be
constructed are those defined by the new DTV Table of Allotments and
accompanying Appendix B, established by the Seventh Report and Order in
MB Docket No. 87-268 and codified at 47 C.F.R. § 73.622(i).**

\* \* \* \* \*

\(3\) Authority delegated.

\(i\) Authority is delegated to the Chief, Media Bureau to grant an
extension of time of up to six months beyond the relevant construction
deadline specified in paragraph (d)(1) of this section upon
demonstration by the DTV licensee or permittee that failure to meet that
construction deadline is due to circumstances that are either
unforeseeable or beyond the licensee's control where the licensee has
taken all reasonable steps to resolve the problem expeditiously.

\(ii\) Such circumstances ~~shall~~ **may** include, but shall not be
limited to:

\(A\) Inability to construct and place in operation a facility necessary
for transmitting digital television, such as a tower, because of delays
in obtaining zoning or FAA approvals, or similar constraints; **or**

~~(B) The lack of equipment necessary to obtain a digital television
signal; or~~(B) **Where the licensee or permittee is currently the
subject of a bankruptcy or receivership proceeding, or is experiencing
severe financial hardship as defined by negative cash flow for the past
three years.**

~~(C) Where the cost of meeting the minimum build-out requirements
exceeds the station\'s financial resources.~~

\(iii\) The Bureau may grant no more than two extension requests upon
delegated authority. Subsequent extension requests shall be referred to
the Commission. The Bureau may deny extension requests upon delegated
authority.

\(iv\) Applications for extension of time shall be filed no earlier than
90 and no later than 60 days prior to the relevant construction
deadline, absent a showing of sufficient reasons for filing within less
than 60 days of the relevant construction deadline.

\* \* \* \* \*

4\. Amend § 73.682(d) to read as follows:

Section 73.682 TV transmission standards

\* \* \* \* \*

\(d\) Digital broadcast television transmission standard. Effective
**\[120 days after publication in the Federal Register\]** ~~February 1,
2005~~, transmission of digital broadcast television (DTV) signals shall
comply with the standards for such transmissions set forth in ATSC A/52:
\"ATSC Standard Digital Audio Compression (AC-3)\" (incorporated by
reference, see [§
73.8000](http://web2.westlaw.com/find/default.wl?rp=%2Ffind%2Fdefault.wl&vc=0&DB=1000547&DocName=47CFRS73.8000&FindType=VP&AP=&fn=_top&rs=WLW7.02&mt=Communications&vr=2.0&sv=Split)),
ATSC Doc. A/53~~B~~, Revision **E** ~~B~~ with Amendment 1 and Amendment
2: \"ATSC Digital Television Standard,\" **(September 13, 2006)** except
for Section 5.1.2 (\"Compression format constraints\") of Annex A
(\"Video Systems Characteristics\") and the phrase \"see Table **A**3\"
in Section 5.1.1. Table **A**2 and Section 5.1.**3** ~~2~~ Table **A**4
(incorporated by reference, see [§
73.8000](http://web2.westlaw.com/find/default.wl?rp=%2Ffind%2Fdefault.wl&vc=0&DB=1000547&DocName=47CFRS73.8000&FindType=VP&AP=&fn=_top&rs=WLW7.02&mt=Communications&vr=2.0&sv=Split)),
and ATSC A/65**C** ~~B~~: \"ATSC Program and System Information Protocol
for Terrestrial Broadcast and Cable,\" (Revision **C** ~~B~~ **with
Amendment 1**) **May 9, 2006** ~~2003~~ (incorporated by reference, see
[§
73.8000](http://web2.westlaw.com/find/default.wl?rp=%2Ffind%2Fdefault.wl&vc=0&DB=1000547&DocName=47CFRS73.8000&FindType=VP&AP=&fn=_top&rs=WLW7.02&mt=Communications&vr=2.0&sv=Split)).
Although not incorporated by reference, licensees may also consult ATSC
Doc. A/54, **Recommended Practice**, Guide to Use of the ATSC Digital
Television Standard, **including Corrigendum No. 1** (**December 4,
2003, Corrigendum No. 1 December 20, 2006** ~~October 4, 1995~~), and
ATSC Doc. A/69, Recommended Practice PSIP Implementation Guidelines for
Broadcasters (June 25, 2002) ([Secs.
4](http://web2.westlaw.com/find/default.wl?rp=%2Ffind%2Fdefault.wl&vc=0&DB=1000546&DocName=47USCAS4&FindType=L&AP=&fn=_top&rs=WLW7.02&mt=Communications&vr=2.0&sv=Split),
[5](http://web2.westlaw.com/find/default.wl?rp=%2Ffind%2Fdefault.wl&vc=0&DB=1000546&DocName=47USCAS5&FindType=L&AP=&fn=_top&rs=WLW7.02&mt=Communications&vr=2.0&sv=Split),
[303](http://web2.westlaw.com/find/default.wl?rp=%2Ffind%2Fdefault.wl&vc=0&DB=1000546&DocName=47USCAS303&FindType=L&AP=&fn=_top&rs=WLW7.02&mt=Communications&vr=2.0&sv=Split),
48 Stat., as amended, 1066, 1068, 1082 ([47 U.S.C.
154](http://web2.westlaw.com/find/default.wl?rp=%2Ffind%2Fdefault.wl&vc=0&DB=1000546&DocName=47USCAS154&FindType=L&AP=&fn=_top&rs=WLW7.02&mt=Communications&vr=2.0&sv=Split),
[155](http://web2.westlaw.com/find/default.wl?rp=%2Ffind%2Fdefault.wl&vc=0&DB=1000546&DocName=47USCAS155&FindType=L&AP=&fn=_top&rs=WLW7.02&mt=Communications&vr=2.0&sv=Split),
[303)](http://web2.westlaw.com/find/default.wl?rp=%2Ffind%2Fdefault.wl&vc=0&DB=1000546&DocName=47USCAS303&FindType=L&AP=&fn=_top&rs=WLW7.02&mt=Communications&vr=2.0&sv=Split)).

5\. Amend § 73.8000(b)(2) and (3) to read as follows:

Section 73.8000 Incorporation by reference.

\* \* \* \* \*

\(b\) \* \* \*

\(1\) \* \* \*

\(2\) ATSC A/53~~B~~: "ATSC Digital Television Standard," dated August
7, 2001, Revision **E** ~~B~~, with Amendment 1 dated **April 18** ~~May
23~~, 200**6**~~2~~ and Amendment 2 dated **September 13**~~May 19~~,
200**6**~~3~~, IBR approved for [[§
73.682]{.underline}](http://web2.westlaw.com/find/default.wl?rp=%2Ffind%2Fdefault.wl&vc=0&DB=1000547&DocName=47CFRS73.682&FindType=VP&AP=&fn=_top&rs=WLW7.02&mt=Communications&vr=2.0&sv=Split),
except for section 5.1.2 of Annex A, and the phrase \"see Table
**A-**3\" in section 5.1.1. Table**A**2 and section 5.1.**3** ~~2~~
Table **A**4.

\(3\) ATSC A/65**C** ~~B~~: "ATSC Program and System Information
Protocol for Terrestrial Broadcast and Cable," (Revision **C** ~~B~~)
**January 2** ~~March 18~~, 200 **6** ~~3~~, **with Amendment 1 dated
May 9, 2006,** and IBR approved for [[§
73.682]{.underline}](http://web2.westlaw.com/find/default.wl?rp=%2Ffind%2Fdefault.wl&vc=0&DB=1000547&DocName=47CFRS73.682&FindType=VP&AP=&fn=_top&rs=WLW7.02&mt=Communications&vr=2.0&sv=Split),
IBR approved for [[§§
73.9000]{.underline}](http://web2.westlaw.com/find/default.wl?rp=%2Ffind%2Fdefault.wl&vc=0&DB=1000547&DocName=47CFRS73.9000&FindType=VP&AP=&fn=_top&rs=WLW7.02&mt=Communications&vr=2.0&sv=Split)-[[73.9001]{.underline}](http://web2.westlaw.com/find/default.wl?rp=%2Ffind%2Fdefault.wl&vc=0&DB=1000547&DocName=47CFRS73.9001&FindType=VP&AP=&fn=_top&rs=WLW7.02&mt=Communications&vr=2.0&sv=Split).

\* \* \* \* \*

**APPENDIX B**

**Proposed Changes to FCC Forms**

The Federal Communications Commission proposes to revise FCC Form 301 as
set forth below:

1.  Main Form Section I -- General Information, Question 4.b. (Service
    Type) on page one is revised to allow the filer to indicate whether
    the application is for pre-transition DTV facilities,
    post-transition DTV facilities, or both. The revised question will
    read as follows \[bold used to show changes\]:

> **"**b. Service Type: AM FM TV **DTV Pre-Transition** **DTV
> Post-Transition** **DTV Both (Pre- and Post-Transition)"**

2.  Instructions Section I.D. (General Information), Item 4 is revised
    to explain the new service types for DTV applications: (a) DTV
    Pre-Transition, (b) DTV Post-Transition, (c) DTV Both (Pre- and
    Post-Transition). Item 4 is revised to add the following new
    paragraph \[bold used to show changes\]:

> **"DTV Service Type: The DTV Pre-Transition service type is for a
> station whose application relates solely to its pre-transition DTV
> operation on a channel that is not allotted for post-transition use by
> this station and will not affect its authorized post-transition
> operation. The DTV Post-Transition service type is for a station whose
> application relates solely to its post-transition operation and will
> not affect its authorized pre-transition operation. The DTV Both (Pre-
> and Post-Transition) service type is for a station whose application
> relates to both its pre- and post-transition operation. Only a station
> whose pre-transition DTV channel is the same as its post-transition
> channel may use the DTV Both service type."**

3.  Form Section III-D -- DTV Engineering on page 17 is revised by
    changing the two paragraphs preceding Question 1. The revised
    paragraphs will read as follows \[bold used to show changes\]:

> "Complete ~~Certification Checklist~~ Questions 1-5, and provide all
> data and information for the proposed facility, as requested in
> Technical Specifications, Items 1-13.
>
> **"Pre-Transition** Certification Checklist. **An application
> concerning a pre-transition channel must complete questions 1(a)-(c),
> and 2-5.** A correct answer of "Yes" to all of the**se** questions
> ~~below~~ will ensure an expeditious grant of a construction permit
> **application to modify pre-transition facilities**. However, if the
> proposed facility is located within the Canadian or Mexican borders,
> coordination of the proposal under the appropriate treaties may be
> requir**e**d prior to grant of the application. An answer of "No" will
> require additional evaluation of the applicable information in this
> form before a construction permit can be granted.
>
> **"Post-Transition Expedited Processing. An application concerning a
> post-transition channel must complete questions 1(a), (d)-(e), and
> 2-5. A station applying for a construction permit to build its
> post-transition channel will receive expedited processing if its
> application (1) does not seek to expand the noise-limited service
> contour in any direction beyond that established by Appendix B of the
> Seventh Report and Order in MB Docket No. 87-268 establishing the new
> DTV Table of Allotments in 47 C.F.R. § 73.622(i) ("new DTV Table
> Appendix B"); (2) specifies facilities that match or closely
> approximate those defined in the new DTV Table Appendix B facilities;
> and (3) is filed within 45 days of the effective date of Section
> 73.616 of the rules adopted in the Report and Order in the Third DTV
> Periodic Review proceeding, MB Docket No. 07-91.**

4.  Form Section III-D -- DTV Engineering, Question 1 on page 17 is
    revised by changing (b) and (c) and by adding (d) and (e). Revised
    questions (b) and (c) and new questions (d) and (e) will read as
    follows \[bold used to show changes\]:

> "(b) It will operate **a pre-transition facility** from a transmitting
> antenna located within 5.0 km (3.1 miles) of the DTV reference site
> for this station as established in 47 C.F.R. Section 73.622. Yes No
>
> "(c) It will operate **a pre-transition facility** with an effective
> radiated power (ERP) and antenna height above average terrain (HAAT)
> that do not exceed the DTV reference ERP and HAAT for this station as
> established in 47 C.F.R. Section 73.622. Yes No
>
> **"(d) It will operate at post-transition facilities that do not
> expand the noise-limited service contour in any direction beyond that
> established by Appendix B of the Seventh Report and Order in MB Docket
> No. 87-268 establishing the new DTV Table of Allotments in 47 C.F.R. §
> 73.622(i) ("new DTV Table Appendix B").** **Yes** **No** **Don't
> Know"**
>
> **"(e) It will operate at post-transition facilities that match or
> reduce by no more than five percent with respect to predicted
> population from those defined in the new DTV Table Appendix B.**
> **Yes** **No** **Don't Know**

5.  Instructions to Section III-D (DTV Engineering) is revised to
    explain that: (i) question 1(a) applies to all facility changes (and
    both the current and new DTV Tables in 47 C.F.R. §§ 73.622(b) and
    (i)), (ii) questions 1(b) and 1(c) apply only to applications for
    pre-transition facilities, and (iii) questions 1(d) and 1(e) apply
    only to applications for post-transition facilities. Item 1 (of
    Instructions Section III.H.) is revised as follows \[bold used to
    show changes\]:

> **"**Certifications Checklist. Items 1-5 set forth a series of
> certifications concerning the Commission's technical allotment
> standards and operational requirements for DTV stations.
>
> "Item 1: The applicant must certify compliance with the digital
> television channel allotment and operational requirements contained in
> 47 C.F.R. Section 73.622. Specifically, this question requires that
> the applicant certify that (a) the application specifies a channel and
> community in accordance with the Commission's Table of Television
> Allotments, 47 C.F.R. Section**s** 73.622(~~a~~**b**) **or (i)**, (b)
> **i**t will operate **a pre-transition facility** with a transmitting
> antenna located within 5 kilometers of the DTV reference coordinates
> for the station, as referenced in Section 73.622(d) and set forth in
> the Sixth Report and Order in MM Docket No. 87-268, 12 FCC Rcd 14588
> (1997), (c) **i**t will operate with **pre-transition** facilities
> that do not exceed the power and antenna height maxima specified in
> Section 73.622(f), (d) **it will operate at post-transition facilities
> that do not expand the noise-limited service contour in any direction
> beyond that established by Appendix B of the Seventh Report and Order
> in MB Docket No. 87-268 establishing the new DTV Table of Allotments
> in 47 C.F.R. § 73.622(i), and (e) it will operate at post-transition
> facilities that match or reduce by no more than five percent with
> respect to predicted population from those defined in the new DTV
> Table Appendix B. .**
>
> "If any of items 1(a)-1(c) are answered "No" **in an application of a
> pre-transition facility,** the applicant must demonstrate in response
> to Section III-D, Item 11 that the proposal will not cause or increase
> interference to any other DTV broadcast application, DTV allotment, or
> analog TV broadcast authorization.
>
> "**I**nterference is to be predicted **for pre-transition facilities**
> in accordance with the procedure set forth in Appendix B of the Sixth
> Report and Order in MM Docket No. 87-268. See 47 C.F.R. Section
> 73.623.
>
> **"If any of items 1(a), 1(d)-(e) are answered "No" in an application
> of a post-transition facility, the applicant will not qualify for
> expedited processing.**
>
> **"Interference is to be predicted for post-transition facilities**
> **in accordance with the procedure set forth in the Third DTV Periodic
> Report and Order in MB Docket No. 07-91. See 47 C.F.R. Sections 73.616
> and 73.623.**

6.  Form Section III-D -- DTV Engineering (TECHNICAL SPECIFICATIONS)
    TECH BOX Question 11, first paragraph, on page 19 is revised as
    follows \[bold used to show changes\]:

> "Does the proposed facility satisfy the **pre-transition**
> interference protection provisions of 47 C.F.R. Section 73.623(a)
> (Applicable only if Certification Checklist Items 1(a), (b), or (c)
> are answered "No.") **and/or the post-transition interference
> protection provisions of 47 C.F.R. Section 73.616?** Yes No "

7.  Form and Instructions Section III-D -- DTV Engineering (TECHNICAL
    SPECIFICATIONS) TECH BOX Questions, is revised to make
    non-substantive conforming edits necessary because of the other
    changes.

The Federal Communications Commission proposes to revise FCC Form 340 as
set forth below:

8.  Main Form Section I -- General Information, Question 4.b. (Service
    Type) on page one is revised to allow the filer to indicate whether
    the application is for pre-transition DTV facilities,
    post-transition DTV facilities, or both. The revised question will
    read as follows \[bold used to show changes\]:

> **"**b. Service Type: FM TV **DTV Pre-Transition** **DTV
> Post-Transition** **DTV Both (Pre- and Post-Transition)"**

9.  Instructions for Section I. (General Information), Item (Question) 4
    is revised to explain the new service types for DTV
    applications: (a) DTV Pre-Transition, (b) DTV Post-Transition, (c)
    DTV Both (Pre- and Post-Transition). Item (Question) 4 is revised to
    add the following new paragraph \[bold used to show changes\]:

> **"DTV Service Type: The DTV Pre-Transition service type is for a
> station whose application relates solely to its pre-transition DTV
> operation and will not affect its authorized post-transition
> operation. The DTV Post-Transition service type is for a station whose
> application relates solely to its post-transition operation and will
> not affect its authorized pre-transition operation. The DTV Both (Pre-
> and Post-Transition) service type is for a station whose application
> relates to both its pre- and post-transition operation. Only a station
> whose pre-transition DTV channel is the same as its post-transition
> channel may use the DTV Both service type."**

10. Form Section VII-D -- DTV Engineering on page 15 is revised by
    changing the two paragraphs preceding Question 1. The revised
    paragraphs will read as follows \[bold used to show changes\]:

> "Complete ~~Certification Checklist~~ Questions 1-5, and provide all
> data and information for the proposed facility, as requested in
> Technical Specifications, Items 1-13.
>
> **"Pre-Transition** Certification Checklist. **An application
> concerning a pre-transition channel must complete questions 1(a)-(c),
> and 2-5.** A correct answer of "Yes" to all of the**se** questions
> ~~below~~ will ensure an expeditious grant of a construction permit
> **application to change pre-transition facilities**. However, if the
> proposed facility is located within the Canadian or Mexican borders,
> coordination of the proposal under the appropriate treaties may be
> requir**e**d prior to grant of the application. An answer of "No" will
> require additional evaluation of the applicable information in this
> form before a construction permit can be granted.
>
> **"Post-Transition Expedited Processing. An application concerning a
> post-transition channel must complete questions 1(a), (d)-(e), and
> 2-5. A station applying for a construction permit to build its
> post-transition channel will receive expedited processing if its
> application (1) does not seek to expand the noise-limited service
> contour in any direction beyond that established by Appendix B of the
> Seventh Report and Order in MB Docket No. 87-268 establishing the new
> DTV Table of Allotments in 47 C.F.R. § 73.622(i) ("new DTV Table
> Appendix B"); (2) specifies facilities that match or closely
> approximate those defined in the new DTV Table Appendix B facilities;
> and (3) is filed within 45 days of the effective date of Section
> 73.616 of the rules adopted in the Report and Order in the Third DTV
> Periodic Review proceeding, MB Docket No. 07-91.**

11. Form Section VII-D -- DTV Engineering, Question 1, on page 15 is
    revised by changing (b) and (c) and by adding (d) and (e). Revised
    questions (b) and (c) and new questions (d) and (e) will read as
    follows \[bold used to show changes\]:

> "(b) It will operate **a pre-transition facility** from a transmitting
> antenna located within 5.0 km (3.1 miles) of the DTV reference site
> for this station as established in 47 C.F.R. Section 73.622. Yes No
>
> "(c) It will operate **a pre-transition facility** with an effective
> radiated power (ERP) and antenna height above average terrain (HAAT)
> that do not exceed the DTV reference ERP and HAAT for this station as
> established in 47 C.F.R. Section 73.622. Yes No
>
> **"(d) It will operate at post-transition facilities that do not
> expand the noise-limited service contour in any direction beyond that
> established by Appendix B of the Seventh Report and Order in MB Docket
> No. 87-268 establishing the new DTV Table of Allotments in 47 C.F.R. §
> 73.622(i) ("new DTV Table Appendix B").** **Yes** **No** **Don't
> Know"**
>
> **"(e) It will operate at post-transition facilities that match or
> reduce by no more than five percent with respect to predicted
> population from those defined in the new DTV Table Appendix B.**
> **Yes** **No** **Don't Know**

12. Instructions to Section VII-D (DTV Engineering) is revised to
    explain that: (i) question 1(a) applies to all facility changes (see
    47 C.F.R. §§ 73.622(a) and (i)), (ii) questions 1(b) and 1(c) apply
    only to applications for pre-transition facilities, and (iii)
    questions 1(d) and 1(e). Item 1 (of Instructions to Section VII) is
    revised as follows \[bold used to show changes\]:

> **"**Certifications Checklist. Items 1-5 set forth a series of
> certifications concerning the Commission's technical allotment
> standards and operational requirements for DTV stations.
>
> "Item 1: The applicant must certify compliance with the digital
> television channel allotment and operational requirements contained in
> 47 C.F.R. Section 73.622. Specifically, this question requires that
> the applicant certify that (a) the application specifies a channel and
> community in accordance with the Commission's Table of Television
> Allotments, 47 C.F.R. Section**s** 73.622(~~a~~**b**) **or (i)**, (b)
> **i**t will operate **a pre-transition facility** with a transmitting
> antenna located within 5 kilometers of the DTV reference coordinates
> for the station, as referenced in Section 73.622(d) and set forth in
> the Sixth Report and Order in MM Docket No. 87-268, 12 FCC Rcd 14588
> (1997), (c) **i**t will operate with **pre-transition** facilities
> that do not exceed the power and antenna height maxima specified in
> Section 73.622(f), (d) **it will operate at post-transition facilities
> that do not expand the noise-limited service contour in any direction
> beyond that established by Appendix B of the Seventh Report and Order
> in MB Docket No. 87-268 establishing the new DTV Table of Allotments
> in 47 C.F.R. § 73.622(i), and (e) it will operate at post-transition
> facilities that match or reduce by no more than five percent with
> respect to predicted population from those defined in the new DTV
> Table Appendix B.**
>
> "If any of items 1(a)-1(c) are answered "No" **in an application of a
> pre-transition facility,** the applicant must demonstrate in response
> to Section III-D, Item 11 that the proposal will not cause or increase
> interference to any other DTV broadcast application, DTV allotment, or
> analog TV broadcast authorization.
>
> "**I**nterference is to be predicted **for a pre-transition facility**
> in accordance with the procedure set forth in Appendix B of the Sixth
> Report and Order in MM Docket No. 87-268. See 47 C.F.R. Section
> 73.623.
>
> **"If any of items 1(a), 1(d)-(e) are answered "No" in an application
> of a post-transition facility, the applicant will not qualify for
> expedited processing.**
>
> **"Interference is to be predicted for a post-transition facility in
> accordance with the procedures set forth in the Report and Order in
> the Third DTV Periodic Review proceeding, MB Docket No. 07-91. See 47
> C.F.R. Sections 73.616 and 73.623.**

13. Form Section VII-D -- DTV Engineering (TECHNICAL SPECIFICATIONS)
    TECH BOX Question 11, first paragraph, on page 17 is revised as
    follows \[bold used to show changes\]:

> "Does the proposed facility satisfy the **pre-transition**
> interference protection provisions of 47 C.F.R. Section 73.623(a)
> (Applicable only if Certification Checklist Items 1(a), (b), or (c)
> are answered "No.") **and/or the post-transition interference
> protection provisions of 47 C.F.R. Section 73.616?** Yes No "

14. Form and Instructions Section VII-D -- DTV Engineering (TECHNICAL
    SPECIFICATIONS) TECH BOX Questions, is revised to make
    non-substantive conforming edits necessary because of the other
    changes.

The Federal Communications Commission proposes to revise FCC Form 337 as
set forth below:

15. Main Form is revised to reflect the proposed rule revisions to 47
    C.F.R. § 73.624(d) in section V.C.4. and Appendix A. Specifically,
    Question 5 on page 2 is revised as follows \[bold used to show
    changes\]:

~~technical (e.g., equipment delays)~~

legal **reasons beyond station's control** (e.g., litigation**,
international coordination**)

**severe** financial **hardship** (e.g., ~~inability to finance~~
**bankruptcy, negative cash flow**)

other reasons (e.g., natural disasters)

16. Instructions are revised to reflect the proposed rule revisions to
    47 C.F.R. § 73.624(d) in section V.C.4. and Appendix A.
    Specifically, Item 5 is revised to by adding a new paragraphs and
    deleting the last paragraph as follows \[bold used to show
    changes\]:

> Item 5: Reason for Delay in Construction. In the Fifth Report and
> Order in MM Docket No. 87-268, 12 FCC Rcd 12809 (1997), on
> reconsideration, 13 FCC Rcd 6860 (1998), the Commission announced its
> willingness to grant, on a case-by-case basis, an extension to the
> applicable DTV construction deadline where a broadcaster has been
> unable to complete construction due to circumstances that are either
> unforeseeable or beyond the permittee's control, provided the
> broadcaster has taken all reasonable steps to resolve the problem
> expeditiously. The Commission also stated that it would modify its
> existing policies regarding extensions, taking into account problems
> encountered that are unique to the DTV conversion.
>
> **In the Report and Order in MB Docket No. 07-91, \_\_ FCC Rcd \_\_
> (2007), the Commission adopted a stricter standard for the grant of an
> extension of the applicable DTV construction deadline. See 47 C.F.R. §
> 73.624(d)(3).**
>
> **First, stations may no longer obtain an extension because of
> technical reasons, such as equipment delays. Second, the Commission
> tightened the financial showing required for an extension. While
> previously requiring a showing that the cost of meeting the minimum
> build-out requirements exceeded the station's financial resources, the
> Commission now requires a showing that the station is (1) the subject
> of a bankruptcy or receivership proceeding, or (2) experiencing severe
> financial hardship, as defined by negative cash flow for the past
> three years. In order to be considered for an extension due to
> financial hardship, a station must: (1) submit proof that they have
> filed for bankruptcy or that a receiver has been appointed, or (2)
> submit an audited financial statement for the previous three years. In
> addition, the station must submit a schedule that outlines the time
> period for the completion of construction. To the extent that an
> applicant's description of its financial condition sets forth
> information that is proprietary and not customarily disclosed to the
> public, the applicant may request that the Commission treat the
> information as confidential. See 47 C.F.R. Section 0.459.**
>
> **The Commission will continue to consider extension requests where
> the station is facing legal obstacles, where resolution of the issue
> is truly beyond the control of the station. Such circumstances may
> include, for example, where a station is awaiting Commission action on
> an application for a DTV construction permit and action is delayed for
> reasons beyond the station's control (e.g., obtaining required
> governmental approvals such as FAA, Canadian and Mexican clearance) or
> where the Commission's action on the application is the subject of a
> court appeal.**
>
> **In addition, the Commission will continue to consider other
> circumstances that are either unforeseeable or beyond the station's
> control. Such circumstances may include, for example, acts of God,
> terrorism, and such natural disasters as floods, tornadoes,
> hurricanes, earthquakes and other calamities that are unforeseeable
> events warranting additional time to construct.**
>
> In responding to this question, the applicant should attest to the
> nature of the problem(s) preventing the timely completion of
> construction and provide a detailed explanation of the reason(s)
> requiring an additional time to construct its station's DTV
> facilities.
>
> ~~Among the problems found in specific instances to warrant the
> granting of additional time to construct have been such technical
> obstacles as equipment delivery delays, unavailability of work or
> tower crews, and tower safety and other construction delays; and such
> legal obstacles as delays in obtaining required governmental (e.g.,
> FAA, Canadian and Mexican) clearances, outstanding judicial litigation
> involving zoning, and the pendency of DTV channel change rulemakings
> and DTV construction permit applications. See Digital Television
> Construction Deadline, 16 FCC Rcd 8122 (2001). In addition, such
> natural disasters as floods, tornadoes, hurricanes, earthquakes and
> other calamities would be unforeseeable events warranting additional
> time to construct. Finally, in Memorandum Opinion and Order on
> Reconsideration (MM Docket No. 00-39), FCC 01-330 (adopted November 8,
> 2001), the Commission recognized that some broadcasters, despite their
> reasonable, good faith efforts and the Commission's reduced build-out
> requirements, may be financially unable to timely complete the
> construction of their DTV facilities. The Commission will therefore
> consider, on a case-by-case basis, whether a broadcaster should be
> afforded additional time to construct its DTV facilities because the
> cost of meeting the minimum build-out requirements would create an
> undue financial hardship. In this regard, the applicant should provide
> an itemized estimate of the cost of meeting the minimum build-out
> requirements and a detailed statement explaining why its financial
> condition precludes such an expenditure. The applicant should also
> describe its good faith efforts to meet the deadline, including its
> good faith efforts to obtain the requisite financing, and why those
> efforts were unsuccessful. To the extent that an applicant's
> description of its financial condition sets forth information that is
> proprietary and not customarily disclosed to the public, the applicant
> may request that the Commission treat the information as confidential.
> See 47 C.F.R. Section 0.459.~~

17. Form and Instructions are revised to make non-substantive changes
    necessary to update the form.

The Federal Communications Commission proposes to create a new FCC Form
-- "FCC Form 387: DTV Transition Status Report" -- as set forth below:

18. The new Form will contain the following data elements \[bold used\]:

> **NOTE: This Form must be filed by all full-power broadcast television
> stations (licensees and permittees) on or before December 1, 2007.
> Consistent with Section 1.65 of the rules, 47 C.F.R. § 1.65(a), each
> Licensee/Permittee is responsible for the continuing accuracy and
> completeness of the information furnished in this Form. Whenever the
> information furnished in this Form is no longer substantially accurate
> and complete in all significant respects, the Licensee/Permittee shall
> as promptly as possible and in any event within 30 days, unless good
> cause is shown, amend or request the amendment of this Form so as to
> furnish such additional or corrected information as may be
> appropriate. For example, a significant change would include a change
> in a Licensee/Permittee's transition plans or status.**
>
> **SECTION I -- GENERAL INFORMATION**
>
> **Item 1. Licensee/Permittee Information: Legal Name of the
> Licensee/Permittee; Mailing Address; City; State or Country (if
> foreign address); ZIP Code; Telephone Number (include area code)
> E-Mail Address (if available).**
>
> **Item 2. Contact Information (if different from licensee/permittee):
> Contact Representative; Firm or Company Name; Mailing Address; City;
> State or Country (if foreign address); ZIP Code; Telephone Number
> (include area code) E-Mail Address (if available).**
>
> **Item 3. Station/Facility Information: (a) FCC Registration Number;
> Call Sign; Facility ID Number; Community of License: City, State;
> Network Affiliation (if applicable); (b) Currently Assigned Channels:
> NTSC Channel; Post-Transition DTV Channel; Pre-Transition DTV Channel
> (if different from Post-Transition channel); (c) Relevant FCC File No.
> for Post-Transition Authorization, if on file with Commission (or
> indicate "Not Yet Filed"); (d) Post-Transition Construction Deadline:
> (i) February 17, 2009 if Pre-Transition DTV Channel is different from
> Post-Transition channel; (ii) Date 30 days after the effective date of
> the amendments to Section 73.624(d) of the rules adopted in the Report
> and Order in the Third DTV Periodic Review proceeding, MB Docket No.
> 07-91; (iii) February 17, 2009 if the station demonstrates that it
> faces a unique technical challenge (e.g., side-mounted antenna-related
> issue) preventing it from completing construction of its full,
> authorized post-transition facility; (iv) Expiration date of
> construction permit or pending application for an extension of time to
> construct a post-transition facility.**
>
> **SECTION II -- POST-TRANSITION FACILITY (Complete all items unless
> otherwise indicated.)**
>
> **Item 1. Operational Status: Is the Licensee/Permittee now operating
> its fully authorized final, DTV (post-transition) facility?** **Yes
> or** **No (If YES, Licensee/Permittee is finished with this Form; If
> NO, go to Item 2.)**
>
> **Item 2. If Item 1 is NO (i.e., not fully operational), then indicate
> operational status of final, DTV (post-transition) facility and
> indicate date Licensee/Permittee expects to begin full, authorized
> post-transition operations: (check one)**
>
> **(i). Licensee/Permittee is operating its post-transition facility
> pursuant to program test authority; see 47 C.F.R. § 73.1620(a). If
> checked, indicate date Licensee/Permittee expects to file its license
> to cover (FCC Form 302) application.**
>
> **(ii). Licensee/Permittee is operating its post-transition facility
> pursuant to special temporary authority (STA) or at a reduced
> facility. If checked, indicate power level and percentage of analog
> population covered by reduced facility.**
>
> **(iii). Licensee/Permittee is not operating its post-transition
> facility.**
>
> **Item 3. Construction Status: Has the Licensee/Permittee completed
> construction of its final, DTV (post-transition) facility?** **Yes
> or** **No (If YES, skip Items 4-5 and go to Item 6(a); If NO, go to
> Item 4.)**
>
> **Item 4. If Item 3 is NO (i.e., not fully constructed), then indicate
> construction status of final, DTV (post-transition) facility and
> indicate date Licensee/Permittee expects to complete construction:
> (check all that apply)**
>
> **(i). Licensee/Permittee has not begun construction of its
> post-transition facility.**
>
> **(ii). Licensee/Permittee is now constructing its post-transition
> facility.**
>
> **(iii). Licensee/Permittee has constructed a reduced post-transition
> facility and additional construction is needed to complete
> Licensee/Permittee's fully authorized facility.**
>
> **Item 5. Construction Permit Status: Does the Licensee/Permittee hold
> a license or construction permit for its final, DTV (post-transition)
> facility?** **Yes or** **No (If YES, then indicate relevant FCC File
> No. and go to Item 6(a); If NO, skip Item 6(a) and go to Item 6(b).)**
>
> **Item 6(a). Does the Licensee/Permittee need to modify its license or
> construction permit in order to match the post-transition facilities
> defined for the Licensee/Permittee in the new DTV Table of Allotments,
> 47 C.F.R. § 73.622(i), as adopted in the Seventh Report and Order in
> MB Docket No. 87-268?** **Yes or** **No (If YES, go to 6(b); If NO,
> skip Item 6(b).)**
>
> **Item 6(b). Has the Licensee/Permittee filed an application for a new
> or modified construction permit for its final, DTV (post-transition)
> facility?** **Yes or** **No (If YES, then indicate date filed and
> relevant FCC File No.; If NO, then indicate date Licensee/Permittee
> expects to file such application.) (NOTE: To qualify for expedited
> processing, the Licensee/Permittee must file its application within 45
> days of the effective date of Section 73.616 of the rules adopted in
> the Third DTV Periodic Review proceeding, MB Docket No. 07-91, as well
> as meet other criteria described in that proceeding.)**
>
> **SECTION III -- NEXT STEPS (For Licensee/Permittees that are not
> fully constructed or operational.)**
>
> **At present, Licensee/Permittee has the following needs that must be
> addressed before it can fully construct and operate its final, DTV
> (post-transition) facility: (check all that apply and for all checked
> responses, describe issue and estimated date of resolution.)**
>
> **(i). Licensee/Permittee needs to obtain FCC action on a pending
> application. (If checked, indicate date filed and relevant FCC File
> No.)**
>
> **(ii). Licensee/Permittee needs to obtain international government
> clearance for its post-transition facility.**
>
> **(iii). Licensee/Permittee needs to obtain FAA approval for its
> post-transition facility.**
>
> **(iv). Licensee/Permittee needs to obtain state or local governmental
> approval (e.g., zoning) for post-transition facility.**
>
> **(v). Licensee/Permittee needs to obtain, adjust and/or install
> equipment for its post-transition facility. (If checked, specify need
> below and indicate when equipment was ordered and expected delivery
> date.)**
>
> **(1). New antenna.**
>
> **(2). Adjust or install antenna (except for side-mount issue).**
>
> **(3). Switch side-mounted DTV antenna with top-mounted analog
> antenna.**
>
> **(4). New transmitter.**
>
> **(5). Adjust or install transmitter.**
>
> **(6). General installation of equipment requiring hiring of a tower
> crew.**
>
> **(7). Other equipment needs. (If checked, specify.)**
>
> **(vi). Licensee/Permittee needs to change its tower location or
> construct a new tower.**
>
> **(vii). Licensee/Permittee needs to coordinate its transition with
> other broadcast stations. (If checked, specify Call Signs of those
> other stations.)**
>
> **(viii). Licensee/Permittee has other needs that must be addressed
> before it can fully construct and operate its post-transition
> facility. (If checked, specify.)**
>
> **SECTION IV --ANALOG SERVICE**
>
> **Item 1. Status of Analog Service. (Check one.) Note: Full-power
> television broadcast stations must cease broadcasting in analog as of
> the transition date (i.e., February 17, 2009), as required by statute;
> see 47 U.S.C. § 309(j)(14).**
>
> **(i). Licensee/Permittee will continue to provide full, authorized
> analog service until the transition date.**
>
> **(ii). Licensee/Permittee has obtained FCC approval to reduce its
> analog service prior to the transition date. If checked, indicate
> relevant FCC File No., date reduced service will begin, power level
> and percentage of population covered by Licensee/Permittee's analog
> service.**
>
> **(iii). Licensee/Permittee has obtained FCC approval to terminate its
> analog service prior to the transition date. If checked, indicate
> relevant FCC File No. and date service will cease.**
>
> **(iv). Licensee/Permittee has filed an application with the FCC
> requesting approval to reduce its analog service prior to the
> transition date. If checked, indicate relevant FCC File No., proposed
> date reduced service would begin, proposed power level and percentage
> of population that would be covered by Licensee/Permittee's proposed
> reduced analog service.**
>
> **(v). Licensee/Permittee has filed an application with the FCC
> requesting approval to terminate its analog service prior to the
> transition date. If checked, indicate relevant FCC File No. and
> proposed date service will cease.**
>
> **SECTION V -- DTV TRANSITION PLAN (For Licensee/Permittees that are
> not fully constructed or operational.)**
>
> **Licensee/Permittee must describe in detail its plans for ceasing
> analog broadcasting by the February 17, 2009 transition date and for
> completing construction of its post-transition facility by the
> deadline. For example, plan must include a detailed timeline of the
> Licensee/Permittee's plans to complete construction and any necessary
> testing of the Licensee/Permittee's full, authorized post-transition
> facility.**
>
> **SECTION VI -- Anti-Drug Abuse Act Certification and
> Licensee/Permittee's signature.**
>
> **Note: this Form will be posted on www.fcc.gov and www.dtv.gov.**

19. The Instructions to the new Form will explain the data elements
    noted above.

**APPENDIX C**

**Initial Regulatory Flexibility Act Analysis**

1.  As required by the Regulatory Flexibility Act of 1980, as amended
    ("RFA")[^264] the Commission has prepared this present Initial
    Regulatory Flexibility Analysis ("IRFA") concerning the possible
    significant economic impact on small entities by the policies and
    rules proposed in this *Notice of Proposed Rulemaking* ("*Notice*").
    Written public comments are requested on this IRFA. Comments must be
    identified as responses to the IRFA and must be filed by the
    deadlines for comments indicated on the first page of the *Notice*.
    The Commission will send a copy of the *Notice,* including this
    IRFA, to the Chief Counsel for Advocacy of the Small Business
    Administration (SBA).[^265] In addition, the *Notice* and IRFA (or
    summaries thereof) will be published in the Federal Register.[^266]

## Need for and Objectives of the Proposed Rules

140. This Notice begins the Commission's third periodic review of the
     transition of the nation's broadcast television system from analog
     to digital television ("DTV"). The Commission conducts these
     periodic reviews in order to assess the progress of the transition
     and make any necessary adjustments to the Commission's rules and
     policies to facilitate the introduction of DTV service and the
     recovery of spectrum at the end of the transition. In 2005,
     Congress mandated that after February 17, 2009, full-power
     television broadcast stations must transmit only in digital
     signals, and may no longer transmit analog signals.

141. The purpose of this Notice, generally, is to (1) provide a progress
     report on the DTV transition; (2) describe the status and readiness
     of existing stations to complete the transition; (3) consider and
     propose the procedures and rule changes necessary to complete the
     transition; and (4) address other issues related to the transition.
     In particular, the Notice proposes (1) rules for applying to
     construct final, DTV facilities and (2) construction deadlines for
     the completion of final, DTV facilities.

142. The primary objectives of this Notice is to ensure that, by the
     February 17, 2009 transition date, all full-power television
     broadcast stations (1) cease analog broadcasting and (2) have
     completed construction and begun operating their final, DTV
     facilities. In addition, the Notice considers proposals to provide
     broadcasters with the regulatory flexibility necessary to meet
     these goals.[^267]

## Legal Basis

143. The authority for the action proposed in this rulemaking is
     contained in Sections 1, 4(i) and (j), 7, 301, 302, 303, 307, 308,
     309, 312, 316, 318, 319, 324, 325, 336, and 337 of the
     Communications Act of 1934, 47 U.S.C §§ 151, 154(i) and (j), 157,
     301, 302a, 303, 307, 308, 309, 312, 316, 318, 319, 324, 325, 336,
     and 337.

## Description and Estimate of the Number of Small Entities to Which the Proposed Rules Will Apply

144. The RFA directs the Commission to provide a description of and,
     where feasible, an estimate of the number of small entities that
     will be affected by the proposed rules, if adopted.[^268] The RFA
     generally defines the term "small entity" as having the same
     meaning as the terms "small business," small organization," and
     "small government jurisdiction."[^269] In addition, the term "small
     business" has the same meaning as the term "small business concern"
     under the Small Business Act.[^270] 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.[^271]

145. We believe that full-power television broadcast stations will be
     directly and primarily affected by the proposed rules, if adopted.
     Although the proposed rules will not apply to Class A TV stations,
     low power television (LPTV) stations, and TV translator stations,
     it is still possible that these entities may be affected by the
     proposed rules. For example, the proposed rules, if adopted, would
     permit applications for analog translators to be filed under
     specific circumstances and in that way may affect TV translator
     stations. Otherwise, we do not believe any other types of entities
     will be directly affected by the proposed rules; however, request
     comment on this tentative conclusion. A description of the small
     entities that may be directly affected, as well as an estimate of
     the number of such small entities, is provided below.

### Entities Directly Affected By Proposed Rules

146. [Television Broadcasting]{.underline}*.* The proposed rules and
     policies apply to television broadcast licensees and potential
     licensees of television service. The SBA defines a television
     broadcast station as a small business if such station has no more
     than \$13.5 million in annual receipts.[^272] Business concerns
     included in this industry are those "primarily engaged in
     broadcasting images together with sound."[^273] The Commission has
     estimated the number of licensed commercial television stations to
     be 1,376.[^274] According to Commission staff review of the BIA
     Financial Network, MAPro Television Database ("BIA") on March 30,
     2007, about 986 of an estimated 1,374 commercial television
     stations[^275] (or about 72 percent) have revenues of \$13.5
     million or less and thus qualify as small entities under the SBA
     definition. The Commission has estimated the number of licensed NCE
     television stations to be 380.[^276] We note, however, that, in
     assessing whether a business concern qualifies as small under the
     above definition, business (control) affiliations[^277] must be
     included. Our estimate, therefore, likely overstates the number of
     small entities that might be affected by our action, because the
     revenue figure on which it is based does not include or aggregate
     revenues from affiliated companies. The Commission does not compile
     and otherwise does not have access to information on the revenue of
     NCE stations that would permit it to determine how many such
     stations would qualify as small entities.

147. In addition, an element of the definition of "small business" is
     that the entity not be dominant in its field of operation. We are
     unable at this time to define or quantify the criteria that would
     establish whether a specific television station is dominant in its
     field of operation. Accordingly, the estimate of small businesses
     to which rules may apply do not exclude any television station from
     the definition of a small business on this basis and are therefore
     over-inclusive to that extent. Also as noted, an additional element
     of the definition of "small business" is that the entity must be
     independently owned and operated. We note that it is difficult at
     times to assess these criteria in the context of media entities and
     our estimates of small businesses to which they apply may be
     over-inclusive to this extent.

148. [Class A TV, LPTV, and TV translator stations]{.underline}*.* The
     proposed rules and policies may also apply to licensees of Class A
     TV stations, low power television (LPTV) stations, and TV
     translator stations, as well as to potential licensees in these
     television services. The same SBA definition that applies to
     television broadcast licensees would apply to these stations. The
     SBA defines a television broadcast station as a small business if
     such station has no more than \$13.5 million in annual
     receipts.[^278] Currently, there are approximately 567 licensed
     Class A stations, 2,227 licensed LPTV stations, and 4,518 licensed
     TV translators.[^279] Given the nature of these services, we will
     presume that all of these licensees qualify as small entities under
     the SBA definition. We note, however, that under the SBA's
     definition, revenue of affiliates that are not LPTV stations should
     be aggregated with the LPTV station revenues in determining whether
     a concern is small. Our estimate may thus overstate the number of
     small entities since the revenue figure on which it is based does
     not include or aggregate revenues from non-LPTV affiliated
     companies. We do not have data on revenues of TV translator or TV
     booster stations, but virtually all of these entities are also
     likely to have revenues of less than \$13.5 million and thus may be
     categorized as small, except to the extent that revenues of
     affiliated non-translator or booster entities should be considered.

### Entities That May Be Indirectly Affected By Proposed Rules

149. Because the rules proposed in this Notice pertain to the transition
     from analog to digital broadcasting of full-power television
     broadcast stations, we do not believe the rules proposed will
     directly affect any other entities. We seek comment on this
     tentative conclusion. Certain entities may believe they would be
     affected by the proposed rules. For example, the proposed rules
     may, in the opinion of cable operators, satellite carriers other
     multichannel video programming distributors ("MVPDs"), indirectly
     affect these entities. In addition, the proposed rules may
     indirectly affect electronics equipment manufacturers. Although
     such comment is not required by the RFA[^280], we invite comment
     from any small cable operators, small satellite carriers or other
     small MVPDs, as well as from small equipment manufacturers, who
     believe they might be directly affected by our proposed rules
     contained in the Notice.

150. [Cable and Other Program Distribution]{.underline}*.* Cable system
     operators fall within the SBA-recognized definition of Cable and
     Other Program Distribution, which includes all such companies
     generating \$13.5 million or less in revenue annually.[^281]
     According to the Census Bureau data for 1997, there were a total of
     1,311 firms that operated for the entire year in the category of
     Cable and Other Program Distribution. Of this total, 1,180 firms
     had annual receipts of under \$10 million and an additional 52
     firms had receipts of \$10 million or more, but less than \$25
     million.[^282] In addition, limited preliminary census data for
     2002 indicates that the total number of Cable and Other Program
     Distribution entities increased approximately 46 percent between
     1997 and 2002.[^283] The Commission estimates that the majority of
     providers in this category of Cable and Other Program Distribution
     are small businesses.

151. [Cable System Operators (Rate Regulation Standard)]{.underline}*.*
     The Commission has developed, with SBA's approval, its own
     definition of a small cable system operator for the purposes of
     rate regulation. Under the Commission's rules, a "small cable
     company" is one serving 400,000 or fewer subscribers
     nationwide.[^284] We last estimated that there were 1,439 cable
     operators that qualified as small cable companies at the end of
     1995.[^285] Since then, some of those companies may have grown to
     serve more than 400,000 subscribers, and others may have been
     involved in transactions that caused them to be combined with other
     cable operators. Consequently, we estimate that there are fewer
     than 1,439 small entity cable system operators.

152. [Cable System Operators (Telecom Act Standard)]{.underline}*.* The
     Communications Act also contains a size standard for a "small cable
     operator," which is "a cable operator that, directly or through an
     affiliate, serves in the aggregate fewer than one percent of all
     subscribers in the United States and is not affiliated with any
     entity or entities whose gross annual revenues in the aggregate
     exceed \$250,000,000."[^286] The Commission has determined that
     there are 67.7 million subscribers in the United States.[^287]
     Therefore, an operator serving fewer than 677,000 subscribers shall
     be deemed a small operator, if its annual revenues, when combined
     with the total annual revenues of all of its affiliates, do not
     exceed \$250 million in the aggregate.[^288] Based on available
     data, we estimate that the number of cable operators serving
     677,000 subscribers or less totals approximately 1,450. The
     Commission neither requests nor collects information on whether
     cable system operators are affiliated with entities whose gross
     annual revenues exceed \$250 million,[^289] and therefore is unable
     at this time to estimate more accurately the number of cable system
     operators that would qualify as small cable operators under the
     size standard contained in the Communications Act.

153. [Direct Broadcast Satellite ("DBS") Service]{.underline}*.* DBS
     service is a nationally distributed subscription service that
     delivers video and audio programming via satellite to a small
     parabolic "dish" antenna at the subscriber's location. Because DBS
     provides subscription services, DBS falls within the SBA-recognized
     definition of Cable and Other Program Distribution.[^290] This
     definition provides that a small entity is one with \$13.5 million
     or less in annual receipts.[^291] Currently, only three operators
     hold licenses to provide DBS service, which requires a great
     investment of capital for operation.[^292] All three currently
     offer subscription services. Two of these three DBS operators,
     DirecTV[^293] and EchoStar Communications Corporation
     ("EchoStar"),[^294] report annual revenues that are in excess of
     the threshold for a small business. The third DBS operator,
     Dominion Video Satellite, Inc. ("Dominion"), offers religious
     (Christian) programming and does not report its annual
     receipts.[^295] The Commission does not know of any source which
     provides this information and, thus, we have no way of confirming
     whether Dominion qualifies as a small business. Because DBS service
     requires significant capital, we believe it is unlikely that a
     small entity as defined by the SBA would have the financial
     wherewithal to become a DBS licensee. Nevertheless, given the
     absence of specific data on this point, we acknowledge the
     possibility that there are entrants in this field that may not yet
     have generated \$13.5 million in annual receipts, and therefore may
     be categorized as a small business, if independently owned and
     operated.

154. [Private Cable Operators ("PCOs"), also known as, Satellite Master
     Antenna Television ("SMATV") Systems]{.underline}. PCOs, also known
     as SMATV systems or private communication operators, are video
     distribution facilities that use closed transmission paths without
     using any public right-of-way. PCOs acquire video programming and
     distribute it via terrestrial wiring in urban and suburban multiple
     dwelling units such as apartments and condominiums, and commercial
     multiple tenant units such as hotels and office buildings. The SBA
     definition of small entities for Cable and Other Program
     Distribution Services includes PCOs and, thus, small entities are
     defined as all such companies generating \$13.5 million or less in
     annual receipts.[^296] Currently, there are more than 150 members
     in the Independent Multi-Family Communications Council (IMCC), the
     trade association that represents PCOs.[^297] Individual PCOs often
     serve approximately 3,000-4,000 subscribers, but the larger
     operations serve as many as 15,000-55,000 subscribers. In total,
     PCOs currently serve approximately one million subscribers.[^298]
     Because these operators are not rate regulated, they are not
     required to file financial data with the Commission. Furthermore,
     we are not aware of any privately published financial information
     regarding these operators. Based on the estimated number of
     operators and the estimated number of units served by the largest
     ten PCOs, we believe that a substantial number of PCO qualify as
     small entities.

155. [Home Satellite Dish ("HSD") Service]{.underline}*.* Because HSD
     provides subscription services, HSD falls within the SBA-recognized
     definition of Cable and Other Program Distribution, which includes
     all such companies generating \$13.5 million or less in revenue
     annually.[^299] HSD or the large dish segment of the satellite
     industry is the original satellite-to-home service offered to
     consumers, and involves the home reception of signals transmitted
     by satellites operating generally in the C-band frequency. Unlike
     DBS, which uses small dishes, HSD antennas are between four and
     eight feet in diameter and can receive a wide range of unscrambled
     (free) programming and scrambled programming purchased from program
     packagers that are licensed to facilitate subscribers' receipt of
     video programming. There are approximately 30 satellites operating
     in the C-band, which carry over 500 channels of programming
     combined; approximately 350 channels are available free of charge
     and 150 are scrambled and require a subscription. HSD is difficult
     to quantify in terms of annual revenue. HSD owners have access to
     program channels placed on C-band satellites by programmers for
     receipt and distribution by MVPDs. Commission data shows that, as
     of June 2005, there were 206,358 households authorized to receive
     HSD service.[^300] The Commission has no information regarding the
     annual revenue of the four C-Band distributors.

156. [Wireless Cable Systems]{.underline}*.* Wireless cable systems use
     the Broadband Radio Service ("BRS"), formerly Multipoint
     Distribution Service ("MDS"),[^301] and Educational Broadband
     Service ("EBS"), formerly Instructional Television Fixed Service
     ("ITFS"),[^302] frequencies in the 2 GHz band to transmit video
     programming and provide broadband services to residential
     subscribers.[^303] These services were originally designed for the
     delivery of multichannel video programming, similar to that of
     traditional cable systems, but over the past several years
     licensees have focused their operations instead on providing
     two-way high-speed Internet access services.[^304] We estimate that
     the number of wireless cable subscribers is approximately 100,000,
     as of March 2005. *Id*. Local Multipoint Distribution Service
     ("LMDS") is a fixed broadband point-to-multipoint microwave service
     that provides for two-way video telecommunications.[^305] As
     previously noted, the SBA definition of small entities for Cable
     and Other Program Distribution, which includes such companies
     generating \$13.5 million in annual receipts, appears applicable to
     MDS, ITFS and LMDS.[^306]

157. [Wireless Cable Systems (Commission Auction
     Standard)]{.underline}*.* The Commission has defined small MDS (now
     BRS) and LMDS entities in the context of Commission license
     auctions. In the 1996 MDS auction,[^307] the Commission defined a
     small business as an entity that had annual average gross revenues
     of less than \$40 million in the previous three calendar
     years.[^308] This definition of a small entity in the context of
     MDS auctions has been approved by the SBA.[^309] In the MDS
     auction, 67 bidders won 493 licenses. Of the 67 auction winners, 61
     claimed status as a small business. At this time, the Commission
     estimates that of the 61 small business MDS auction winners, 48
     remain small business licensees. In addition to the 48 small
     businesses that hold BTA authorizations, there are approximately
     392 incumbent MDS licensees that have gross revenues that are not
     more than \$40 million and are thus considered small
     entities.[^310] MDS licensees and wireless cable operators that did
     not participate in the MDS auction must rely on the SBA definition
     of small entities for Cable and Other Program Distribution.
     Information available to us indicates that there are approximately
     850 of these licensees and operators that do not generate revenue
     in excess of \$13.5 million annually. Therefore, we estimate that
     there are approximately 850 small MDS (or BRS) providers as defined
     by the SBA and the Commission's auction rules.

158. Educational institutions are included in this analysis as small
     entities; however, the Commission has not defined a small business
     size standard for ITFS (now EBS).[^311] We estimate that there are
     currently 2,032 ITFS (or EBS) licensees, and all but 100 of these
     licenses are held by educational institutions. Thus, the Commission
     estimates that at least 1,932 ITFS licensees are small businesses.

159. In the 1998 and 1999 LMDS auctions,[^312] the Commission defined a
     small business as an entity that had annual average gross revenues
     of less than \$40 million in the previous three calendar
     years.[^313] Moreover, the Commission added an additional
     classification for a "very small business," which was defined as an
     entity that had annual average gross revenues of less than \$15
     million in the previous three calendar years.[^314] These
     definitions of "small business" and "very small business" in the
     context of the LMDS auctions have been approved by the SBA.[^315]
     In the first LMDS auction, 104 bidders won 864 licenses. Of the 104
     auction winners, 93 claimed status as small or very small
     businesses. In the LMDS re-auction, 40 bidders won 161 licenses.
     Based on this information, we believe that the number of small LMDS
     licenses will include the 93 winning bidders in the first auction
     and the 40 winning bidders in the re-auction, for a total of 133
     small entity LMDS providers as defined by the SBA and the
     Commission's auction rules.

160. [Open Video Systems ("OVS")]{.underline}. In 1996, Congress
     established the open video system [("OVS")]{.underline} framework,
     one of four statutorily recognized options for the provision of
     video programming services by local exchange carriers
     (["]{.underline}LECs["]{.underline}).[^316] The OVS framework
     provides opportunities for the distribution of video programming
     other than through cable systems. Because OVS operators provide
     subscription services,[^317] OVS falls within the SBA-recognized
     definition of Cable and Other Program Distribution Services, which
     provides that a small entity is one with \$13.5 million or less in
     annual receipts.[^318] The Commission has certified 25 OVS
     operators with some now providing service. Broadband service
     providers (["]{.underline}BSPs["]{.underline}) are currently the
     only significant holders of OVS certifications or local OVS
     franchises.[^319] As of June 2005, BSPs served approximately 1.4
     million subscribers, representing 1.5 percent of all MVPD
     households.[^320] Affiliates of Residential Communications Network,
     Inc. ("RCN"), which serves about 371,000 subscribers as of June
     2005, is currently the largest BSP and 14th largest MVPD.[^321] RCN
     received approval to operate OVS systems in New York City, Boston,
     Washington, D.C. and other areas. The Commission does not have
     financial information regarding the entities authorized to provide
     OVS, some of which may not yet be operational. We thus believe that
     at least some of the OVS operators may qualify as small entities.

161. [Electronics Equipment Manufacturers]{.underline}. The rules
     adopted in this proceeding may indirectly affect manufacturers of
     digital receiving equipment and other types of consumer electronics
     equipment. The appropriate small business size standard is that
     which the SBA has established for manufacturers of radio and
     television broadcasting and wireless communications equipment. This
     category encompasses entities that primarily manufacture radio,
     television, and wireless communications equipment.[^322] Under this
     standard, firms are considered small if they have 750 or fewer
     employees.[^323] Census Bureau data for 2002 indicate that, for
     that year, there were a total of 1,041 establishments[^324] in this
     category.[^325] Of those, 1,023 had employment under 1,000. Given
     the above, the Commission estimates that the great majority of
     equipment manufacturers are small businesses.

## Description of Projected Reporting, Recordkeeping and other Compliance Requirements

162. The proposals set forth in this *Notice*, if adopted, would impose
     mandatory compliance and reporting requirements on full-power
     television broadcast stations, including requiring that such
     stations: (1) must cease analog broadcasting on or before the
     February 17, 2009 transition date;[^326] (2) if they do not have an
     existing construction permit for their final, DTV facility, or if
     they need to modify their existing construction permit, must file
     an application for a new or modified construction permit for their
     final, DTV facility;[^327] (3) must construct their DTV facility by
     the construction deadline proposed for them;[^328] (4) must file a
     form with the Commission detailing their current transition status,
     the additional steps necessary in order to be prepared for
     digital-only operation on February 17, 2009, and a timeline for
     making those steps;[^329] and (5) must populate, and update as
     necessary, the Event Information Tables ("EITs") in PSIP data with
     accurate information about each event, in accordance with the
     current version of the ATSC PSIP standard, A/65-C.[^330]

163. In addition, certain proposals set forth in this *Notice*, if
     adopted, would provide for voluntary compliance and reporting
     requirements. Because these voluntary requirements may afford small
     television broadcast stations the opportunity for regulatory
     flexibility and reduced burdens, they are discussed in Section E.
     of this IRFA.[^331]

164. [Mandatory Termination of Analog Television
     Broadcasting]{.underline}. By statute, after the February 17, 2009
     transition date, all full-power television broadcast stations must
     transmit only in digital signals, and may no longer transmit analog
     signals.[^332] This statutory mandate affords the Commission no
     discretion to offer any regulatory flexibility to small television
     broadcasters concerning the mandatory analog turn-off. Rather, to
     implement this statutory mandate, the Commission must ensure that
     all full-power television broadcast stations cease analog
     broadcasting as of the February 17, 2009 transition date.

165. [Applications for New or Modified Construction
     Permits]{.underline}. Under the current rules, stations that need
     to construct or modify DTV facilities must file construction permit
     or modification applications.[^333] Commercial stations must file
     FCC Form 301 and NCE stations must file FCC Form 340.[^334]
     Stations may file an application to modify their authority on their
     current DTV channel at any time, provided they do not violate the
     terms of the Commission's filing freeze.[^335]

166. According to the Notice, 634 stations will not be using their
     currently authorized DTV channel for post-transition operations and
     will, therefore, need to file an application to construct their
     final, DTV facility. In addition, if any of the 1,178 stations that
     will use their currently authorized DTV channel for post-transition
     operations need to change their DTV facilities, *e.g.*, because if
     they do not have an authorization for their intended operations,
     then such stations will need to file a modification
     application.[^336] Thus, both these groups of stations will need to
     file applications for their final, post-transition facilities.

167. Given the number of stations that will need to file CP or
     modification applications and the fast-approaching transition date,
     the Notice proposes to offer expedited processing to a station
     applying for a CP to build or modify its post-transition channel,
     provided that its application (i) does not seek to expand the
     station's noise-limited service contour in any direction beyond
     that established by the new DTV Table Appendix B; (ii) specifies
     facilities that match or closely approximate those new DTV Table
     Appendix B facilities (*i.e.*, if the station is unable to build
     precisely the facilities specified in the new DTV Table Appendix B,
     then it must apply for facilities that deviate no more than five
     percent from those new DTV Table Appendix B facilities with respect
     to predicted population); and (iii) is filed within 45 days of the
     effective date of Section 73.616 of the rules adopted in the Report
     and Order in this proceeding.[^337] The Notice tentatively
     concludes that it will not accept applications to expand
     post-transition facilities until it has completed processing the
     applications to build authorized facilities.[^338] The Notice also
     tentatively concludes to adopt a new 0.5 percent interference
     standard to apply to maximization applications and to new channel
     allotments after the transition.[^339]

168. [Construction deadlines for DTV facilities]{.underline}. The Notice
     proposes deadlines for all full-power television broadcast stations
     to complete construction of their final, DTV facilities in order to
     ensure that DTV stations will be providing service on their final,
     post-transition channels by the February 17, 2009 transition
     date.[^340] The Notice proposes construction deadlines based on a
     station's channel assignment for pre- and post-transition
     operation, and other circumstances affecting the station's ability
     to complete final, post-transition facilities. First, the Notice
     proposes that February 17, 2009 will be the construction deadline
     for stations whose DTV channel for pre-transition operation is not
     the same as their channel for post-transition use.[^341] These are
     stations that will be starting over with a new channel for DTV
     service. Second, for stations whose post-transition channel is the
     same as their pre-transition channel, the Notice proposes to
     require completion of stations' post-transition facilities by the
     deadlines established for them in the *Construction Deadline
     Extension Order* and *Use-or-Lose Order*.[^342] Most stations
     (whose post-transition channel is the same as their pre-transition
     channel) that received a grant of their extension request or
     use-or-lose waiver request were provided six months from the
     release date of the *Construction Deadline Extension Order* or
     *Use-or-Lose Order*, whichever is applicable, to complete
     construction of their final, DTV (post-transition) facilities. The
     other stations (whose post-transition channel is the same as their
     pre-transition channel) that received a grant of their extension
     request or use-or-lose waiver request were provided until February
     17, 2009 to complete construction of their final, DTV
     (post-transition) facilities, because they faced unique technical
     challenges, such as needing to switch their top-mounted analog
     transmitter with their side-mounted digital transmitter. Unlike the
     first group, stations whose post-transition channel is the same as
     their pre-transition channel have long been assigned the channel
     that they will use for post-transition operations. Third,
     notwithstanding the first two groups, the Notice proposes that
     February 17, 2009 will be the construction deadline for stations
     with side-mounted digital antennas or similar situations in which
     the operation of their analog service prevents the completion of
     their full, authorized digital facilities.[^343]

169. The Notice also proposes to limit the situations in which stations
     may obtain more time to satisfy the proposed new construction
     deadlines for completion of final, DTV facilities.[^344] For
     requests for additional time to construct DTV facilities filed
     before February 17, 2009 (but after the effective date of the
     proposed new rule), the Notice proposes to revise and apply Section
     73.624(d) of the rules.[^345] Specifically, the proposed Section
     73.624(d), if adopted, would no longer grant stations additional
     time to construct because of equipment delays, absent extraordinary
     circumstances.[^346] The proposed rule would also require a
     stronger demonstration of financial hardship than is now
     required.[^347] The proposed financial hardship standard would
     require the licensee or permittee of a station to show that it
     is (1) the subject of a bankruptcy or receivership proceeding,
     or (2) experiencing severe financial hardship, as defined by
     negative cash flow for the past three years. Stations seeking an
     extension based upon financial considerations under this new test
     would either (1) submit proof that they have filed for bankruptcy
     or that a receiver has been appointed, or (2) submit an audited
     financial statement for the previous three years. All such stations
     also would be required to submit a schedule of when they expect to
     complete construction.[^348] As is currently required by the rule,
     stations making such requests must electronically file FCC Form
     337.[^349] With respect to a deadline of February 17, 2009 or
     later, the Notice proposes to apply Section 73.3598 of the rules,
     which now applies to DTV singletons, analog TV, and other broadcast
     services.[^350] Stations must file a notification to inform the
     Commission of the circumstances that it believes should toll its
     construction period.[^351]

170. [Transition Status Form]{.underline}. The Notice proposes that
     every full-power television broadcast station must file a form with
     the Commission that details (1) the current status of the station's
     digital transition; (2) the additional steps, if any, the station
     needs to take to be prepared for the switch-over deadline; and (3)
     a plan for how it intends to meet that deadline.[^352] These
     filings will be posted on the Commission's website. These forms
     will assist the Commission, industry, and the public in assessing
     progress and making plans for the digital switchover date. The form
     will provide information on the status of each station's
     construction of final, DTV facilities, allowing the Commission,
     industry, and the public to track the progress of the DTV
     transition.

171. [Program System and Information Protocol ("PSIP")
     standard]{.underline}. The Notice proposes to update Section
     73.682(d) to reflect the revisions to the ATSC Program System and
     Information Protocol ("PSIP") standard since the Second DTV
     Periodic Report and Order.[^353] The current version of the ATSC
     PSIP standard is A/65-C. PSIP data is transmitted along with a
     station's DTV signal and provides DTV receivers with information
     about the station and what is being broadcast. PSIP data provides a
     method for DTV receivers to identify a DTV station and to determine
     how a receiver can tune to it. For any given station, the PSIP data
     transmitted along with the digital signal identifies both its DTV
     channel number and its analog channel number (referred to as the
     "major" channel number), thereby making it easy for viewers to tune
     to the station's DTV channel even if they only know the station's
     major channel number. In addition, PSIP data tells the receiver
     whether multiple program streams are being broadcast and, if so,
     how to find them. It also identifies whether the programs are
     closed captioned, conveys available V-chip information, and
     provides program information, among other things.[^354] The
     Commission has recognized the utility that the ATSC PSIP standard
     offers for both broadcasters and consumers.

172. This new revision to the ATSC standard further enhances the PSIP
     standard and support for delivery of data. The updated ATSC PSIP
     standard now requires broadcasters to populate the EITs with
     accurate information about each event and to update the EIT if more
     accurate information becomes available.[^355] Currently, many
     broadcasters provide only general information in the EIT tables.
     For example, a network affiliate may provide "network programming"
     as the descriptor for the majority of its program offerings.

## Steps Taken to Minimize Significant Impact on Small Entities, and Significant Alternatives Considered

173. The RFA requires an agency to describe any significant alternatives
     that it has considered in reaching its proposed approach, which may
     include the following four alternatives (among others): (1) the
     establishment of differing compliance or reporting requirements or
     timetables that take into account the resources available to small
     entities; (2) the clarification, consolidation, or simplification
     of compliance or reporting requirements under the rule for small
     entities; (3) the use of performance, rather than design,
     standards; and (4) an exemption from coverage of the rule, or any
     part thereof, for small entities.[^356]

174. As previously noted, the Commission has no discretion to offer any
     regulatory flexibility to small television broadcasters concerning
     the mandatory analog turn-off on the February 17, 2009 transition
     date. Rather, to implement this statutory mandate, the Commission
     must ensure that all full-power television broadcast stations,
     including small stations, cease analog broadcasting as of the
     February 17, 2009 transition date.

175. The *Notice*, however, does propose opportunities for regulatory
     flexibility with respect to the other mandatory compliance
     requirements.

176. With respect to applications for post-transition facilities, the
     Notice proposes to offer expedited processing (as discussed
     above).[^357] It is each station's responsibility to ensure that it
     can begin operations on its post-transition channel no later than
     the deadline for the transition on February 17, 2009. Stations also
     have the responsibility to file their applications in sufficient
     time before the deadline so that they may be granted by the
     Commission. This option may well benefit smaller entities.

177. With respect to the proposed construction deadlines to build final,
     post-transition facilities, the Notice proposes to offer a variety
     of opportunities for regulatory flexibility if it would facilitate
     the transition and ensure that all full-power stations meet the
     February 17, 2009 transition date.[^358]

178. While proposing to establish a stricter standard for requests for
     extension of time to construct DTV facilities, the Notice also
     proposes to eliminate the requirement for some stations that they
     build pre-transition DTV facilities on channels that are not their
     post-transition channel.[^359] This will help many small stations
     facing financial challenges to complete construction of DTV
     facilities while also ensuring that broadcasters continue to focus
     on the timely construction of the facilities necessary to
     transition away from analog transmission by the transition date.
     The Notice also asks whether it should afford small television
     broadcasters additional time to construct DTV facilities.[^360] The
     Notice also proposes to allow stations to operate on newly allotted
     post-transition facilities before the transition deadline provided
     they would not interfere with existing, pre-transition
     service.[^361]

179. The Notice also requests comment on whether to permit stations to
     build less than their full, authorized post-transition facilities
     by the relevant construction deadline, provided these stations at
     least serve the same area and population that receive their current
     analog TV and DTV service so that over-the-air viewers will not
     lose TV service. In particular, if such relief is not afforded to
     all stations, the Notice asks whether to afford such relief to
     small television broadcasters because of the unique challenges they
     may face in completing their transition.[^362]

180. The Notice requests comment on whether to allow stations to
     temporarily remain on their pre-transition DTV channel (even though
     it is not their post-transition channel) if: (i) they serve at
     least the same area and population that receives their current
     analog TV service so that over-the-air viewers will not lose TV
     service; (ii) they do not cause impermissible interference to other
     stations or prevent other stations from making their transition;
     and (iii) doing so would facilitate the transition.[^363] Stations
     making such requests would do so in accordance with the rules for
     STA. This opportunity may afford additional regulatory relief to
     small television broadcasters.

181. To facilitate the construction of, and commencement of operations
     on, post-transition facilities, the Notice also examines the
     circumstances in which a station may reduce or terminate its analog
     service to facilitate construction of post-transition
     facilities.[^364] This opportunity may afford additional regulatory
     relief to small television broadcasters. The Notice also considers
     whether and, if so, under what circumstances it should accept new
     requests by stations to return their pre-transition-only DTV
     channel (i.e., a DTV channel that is not their final,
     post-transition channel) before the end of the transition and
     "flash cut" from their analog channel to their post-transition
     channel.[^365] This flash-cut option may provide financial relief
     to small stations, such as satellite stations, by freeing station
     to focus their efforts on completion of their final,
     post-transition facilities.

182. With respect to the proposed updating of Section 73.682(d) to
     reflect the new revisions to the ATSC PSIP standard, the Notice
     seeks comment on the burden that compliance with the new standard,
     A/65-C, would place on small broadcasters, in particular.[^366]

183. Consistent with the statutory mandate for full-power TV broadcast
     stations to cease analog broadcasting by February 17, 2009, as well
     as with broadcasters' obligation to provide and maintain the best
     possible TV service to the public, broadcasters are encouraged to
     suggest alternative proposals that would avoid the imposition of
     significant and unreasonable burdens on small TV broadcasters.

## Federal Rules Which Duplicate, Overlap, or Conflict with the Commission's Proposals

184. None.

**APPENDIX D**

**List of Stations Believed Ready**

**to Commence Post-Transition DTV Operations**

**\[Note: This appendix is attached as a separate MS Excel file.\]**

**STATEMENT OF**

**CHAIRMAN KEVIN J. MARTIN**

*Re: Third Periodic Review of the Commission's Rules and Policies
Affecting the Conversion to Digital Television* (MB Docket No. 07-91)

Today we take another step in our effort to facilitate a timely digital
transition. With this Notice of Proposed Rulemaking, we begin our third
periodic review to assess the progress of broadcast television stations
as they transition from analog to digital systems. We also ask
broadcasters to update us on their progress toward completion of their
own digital transition and how they plan to meet the statutory deadline
for that transition. The Commission will make any necessary adjustments
to the Commission's technical rules and policies to facilitate the
transmission of digital broadcast signals by February 17, 2009. It is by
taking concrete steps to advance this transition that we can ensure that
the broadcast spectrum is made available as soon as possible for
critically important public safety needs and broadband wireless uses.

I am hopeful that the proceeding we initiate today will assist in making
the digital transition proceed as swiftly and smoothly as possible.

**STATEMENT OF**

**COMMISSIONER MICHAEL J. COPPS**

 

*Re: Third Periodic Review of the Commission's Rules and Policies
Affecting the Conversion to Digital Television* (MB Docket No. 07-91)

 

We are now less than two years from the end of the digital television
transition on February 17, 2009.  Unlike the previous "85% test," this
is a hard deadline.  There are no exceptions, no second chances.  We
have one opportunity to get this right.

 

The stakes could not be higher for everyone with an interest in the DTV
transition -- consumers readying themselves for the end of analog
broadcasting; public safety authorities counting the minutes until they
can use their spectrum; advanced wireless providers preparing to bid in
the 700 MHz auction; consumer electronics manufacturers and retailers
projecting consumer equipment needs; and broadcasters hoping to launch
themselves into the digital future. 

 

With so much hinging on the DTV transition staying on schedule, one
would think that the switchover would be a national priority. 
Well---not yet.  I was involved in the planning for Y2K, so I know what
it looks like when an issue is taken seriously.  Compared to Y2K, the
transition to digital television is a stealth operation.

 

Broadly speaking, two things have to happen for the transition to
succeed:  broadcasters have to be ready to transmit digital signals, and
consumers have to be ready to receive them. 

 

            Much of the initial focus has rightly been on consumers --
how to make them aware that the transition is coming and what they need
to do to prepare themselves.  We're way behind the curve in this
regard.  According to a recent survey by the Association of Public
Television Stations, 61% of consumers said they had "No Idea" that the
DTV transition was taking place, and another 10% expressed only "Limited
Awareness."  NTIA will spend \$5 million for consumer education.  As
anyone who has conducted a national campaign knows, that is far from
what is needed to get this job done.  The hope is apparently that
industry will take up the slack.  We shall see.

 

The second part of getting consumers ready is ensuring that they don't
wake up to a blank screen on February 18, 2009.  That involves the
converter box subsidy program for over-the-air viewers and ensuring that
our mandatory carriage rules are updated to protect cable and satellite
subscribers from losing access to broadcast signals. 

 

This item, however, is about getting ***broadcasters*** ready for the
switchover date.  I think this problem is often overlooked because
people see the number of stations broadcasting in digital and it sounds
pretty good.  But the fact of the matter is that most stations need to
take significant action between now and the end of the transition.  Over
600 stations will be moving to different channels than they are
operating on now, and hundreds more are operating at low power and will
need to ramp up.  It means the possibility of hundreds of new
transmitters, antennas, filters, exciters, and other types of
equipment.  It means the construction of new towers.  It means
scheduling tower crews and coordinating with other stations.  It means
lining up financing, zoning approvals, and international coordination. 
It means getting Commission applications on file and granted.  And it
means doing it all in less than two years in a country in which
construction is impossible in numerous areas for much of the year.

 

That's why I'm pleased that the Commission adopted the proposal to
require every broadcast station in the U.S. to file a DTV Transition
Plan with the FCC.  First, the stations will tell us where they are
today.  Second, stations will tell us what they need to do by February
17, 2009 -- the equipment they need, the construction that needs to take
place, the regulatory and other hurdles they need to clear.  Third,
stations will provide us with a timeline for how they plan to be ready
by the switchover date.  Finally, these plans will be available on our
website so everyone can review them.  I thank the Chairman and my
colleagues for working with me on this.

 

            Might things still go wrong?  Sadly, yes.  Even if we
closely monitor what's going on and try to address problems as they
arise, there is no guarantee of success.  But our odds are infinitely
better than if we sit back and hope for the best.  I recognize this
effort may absorb substantial Commission time and resources over the
next two years.  Given the other pressing issues before us, I do not
take that prospect lightly.  But the effort is worth it.  This is not a
drill---it's the real deal. 

 

**STATEMENT OF**

**COMMISSIONER JONATHAN S. ADELSTEIN**

*Re: Third Periodic Review of the Commission's Rules and Policies
Affecting the Conversion to Digital Television* (MB Docket No. 07-91)

The national transition to digital broadcasting is the Commission's
single biggest responsibility in recent history. Similar to the nation's
preparedness for the unrealized Year 2000 computer threat that
captivated our attention just seven years ago, the only proper response
is to over-prepare. The DTV transition will impact everyone in the
United States, yet the primary responsibility to make this transition
successful rests principally on the Commission and its regulated
entities. Accordingly, I am pleased to support this item because it
advances our national preparedness for the impending digital transition,
but there is much more work ahead.

That analog broadcasting *as we know it* will end forever on February
17, 2009, is made eminently clear throughout this item. This hard
deadline was created by Congress, and the Commission does not have the
authority, the discretion or the inclination to change it. In very real
terms, the transition is far too important, and far too much is riding
on its success.

It is too important because the terrorist attacks of 2001 revealed the
underlying weakness of our public safety communications infrastructure.
First responders are eagerly waiting for the 24 MHz of spectrum that
Congress has allocated to serve as the foundation of a potentially
inoperable system. And far too much -- including far too much money --
is riding on the deadline to cause any uncertainty. The Commission is
statutorily required to commence an auction of the reclaimed 700 MHz
broadcast spectrum no later than January 28, 2008, and to deposit the
proceeds in the Digital Television Transition and Public Safety Fund no
later than June 30, 2008. The estimated market value of the reclaimed
broadcast analog spectrum is upwards of \$10 billion, according to the
Congressional Budget Office.

I am pleased that this item informs full-power television broadcasters
that the transition deadline is firm. In today's item, the Commission
proposes that February 17, 2009, will be the construction deadline for
all stations that are building digital facilities on new channels. And
for stations whose pre-transition channels are the same as their
post-transition assignments, we propose that those stations will have
six months to complete construction. The Commission also proposes to
heighten the standard by which we will grant extensions to time to
construct digital facilities. I support these and many other proposals,
such as developing an expedited procedure to process construction
permits, because they should establish a regulatory framework that is
firm and flexible.

I am especially pleased that we decided to develop a simple form that
will allow every full-power television broadcast station to inform the
Commission of their status and what the additional steps the station
needs to take to meet the February 17, 2009 deadline. While the form
itself is important, what we do with them is even more important. It is
not sufficient to simply post them on a website. I believe the
Commission, as the principal agency in charge of the digital transition,
needs to prepare a comprehensive report that aggregates and details
where every single station is exactly one year before the transition
ends. Our failure to know and report this information to the American
people and Congress would be an abrogation of our responsibility.

Finally, while I am pleased that we are marching on with the mechanics
of the digital transition, I am concerned that we have not yet provided
broadcasters and the public with a concrete understanding of
broadcasters' public interest obligations in the digital age. This
necessary piece of the transition continues to lag further and further
behind. Congress made clear that broadcasters continue to have public
interest obligations in the digital world, but left it up to us to
specify how to apply them.

As we continue to speed the arrival of the best possible digital
television service to the public, an important proceeding that could
bring certainty continues to linger at the Commission. More than seven
years ago, the Commission inquired generally how it should update
broadcasters' public interest obligations for the digital age. In the
*Second Periodic Report and Order*, we sought additional comment and
stated our goal for prompt resolution. Yet, no further action has been
taken on this issue of enormous public and consumer importance.
Especially in light of our interest curtailing violence on broadcast
television, I urge my colleagues to act on clarifying the public
interest obligations of digital broadcasters as soon as possible. A
crystal clear digital picture is important, but quality programming is
just as, if not more, important.

We owe it to the public and to broadcasters to devote sufficient time
and resources of this Commission to establishing concrete, measurable
public interest obligations to fulfill Congress's vision of this
enhanced digital viewing experience. Let us not leave the public behind
as we continue finalizing the blueprints for digital television.

**STATEMENT OF**

**COMMISSIONER DEBORAH TAYLOR TATE**

> *Re: Third Periodic Review of the Commission's Rules and Policies
> Affecting the Conversion to Digital Television (MB Docket No. 07-91)*

With this *Notice of Proposed Rulemaking*, we begin our third periodic
review of the digital television ("DTV") transition. We all have a role
to play in order to make the transition a smooth one and realize the
benefits that it promises, freeing up spectrum for incredible new
applications and services, including the deployment of broadband across
rural areas of this country. I applaud the Digital TV Transition
Coalition comprised of business, trade, industry and grassroots
organizations for their commitment to help educate and inform consumers
regarding this exciting move to a dazzling truly digital world. Our
role, in addition to our own education and outreach, is to provide
broadcasters the regulatory flexibility they need to focus their
attention on the planning, coordination, and construction of their
final, post-transition DTV facilities. Unlike our previous periodic
reviews, we conduct this one knowing that Congress has set February 17,
2009 as the date certain for the end of the transition, underscoring our
need to work cooperatively with broadcasters and the public alike so
that we will continue to get news, information and entertainment without
interruption in 664 days.

**STATEMENT OF**

**COMMISSIONER ROBERT M. MCDOWELL**

*Re: Third Periodic Review of the Commission's Rules and Policies
Affecting the Conversion to Digital Television* (MB Docket No. 07-91)

This Notice provides a progress report on the digital transition,
proposes deadlines and procedures to ensure that the February 17, 2009
transition date is met and offers regulatory flexibility to broadcasters
to facilitate their construction of digital facilities by the deadline.
Since Congress established the transition deadline, the Commission has
moved beyond simply ensuring that stations were capable of operating in
digital to focus on facilitating broadcasters' construction of their
final, post-transition channel facilities. In this Notice, we analyze
and consider the specifics on when stations may and must cease analog
operations, when they may and must begin operating on their
post-transition digital channel and what regulatory flexibility we can
provide to ensure that the complicated, coordinated switch to DTV
becomes a reality.

I thank Media Bureau for their diligent and tireless efforts to produce
this comprehensive notice. Much more work remains to be done, but we are
all striving to make the transition as smooth as possible for the
industry and for consumers so that the benefits of digital television
technology can be enjoyed by the public without TV sets going dark. I
thank the Chairman for his leadership on these issues and support this
Notice.

[^1]: *See* Digital Television and Public Safety Act of 2005 ("DTV
    Act"), which is Title III of the Deficit Reduction Act of 2005, Pub.
    L. No. 109-171, 120 Stat. 4 (2006) ("DRA") (*codified at* 47 U.S.C.
    §§ 309(j)(14) and 337(e)). DTV Act § 3002(a) amends Section
    309(j)(14) of the Communications Act to establish February 17, 2009
    as a new hard deadline for the end of analog transmissions by
    full-power stations. 47 U.S.C. § 309(j)(14)(A). DTV Act § 3002(b)
    directs the Commission to "take such actions as are necessary (1) to
    terminate all licenses for full-power television stations in the
    analog television service, and to require the cessation of
    broadcasting by full-power stations in the analog television
    service, by February 18, 2009; and (2) to require by February 18,
    2009, ... all broadcasting by full-power stations in the digital
    television service, occur only on channels between channels 2 and
    36, inclusive, or 38 and 51, inclusive (between frequencies 54 and
    698 megahertz, inclusive)." 47 U.S.C.A. § 309 Note. DTV Act §
    3005(a) also created a coupon program to subsidize the purchase of
    digital-to-analog ("D-to-A") converter boxes. *Id*. *See infra*
    notes 35 and 36.

[^2]: The Commission has conducted two prior periodic reviews: the first
    in MM Docket No. 00-39 and the second in MB Docket No. 03-15. *See
    infra* notes 7 and 8.

[^3]: We note that the statutory transition deadline applies only to
    full-power stations. *See* 47 U.S.C. §§ 309(j)(14) and 337(e). We
    will address the digital transition for low power television
    ("LPTV") stations in a separate proceeding. The Commission
    previously determined that it has discretion under 47 U.S.C. §
    336(f)(4) to set the date by which analog operations of stations in
    the low power and translator service must cease. *Amendment of Parts
    73 and 74 of the Commission's Rules to Establish Rules for Digital
    Low Power Television, Television Translator, and Television Booster
    Stations and to Amend Rules for Digital Class A Television
    Stations*, MB Docket No. 03-185, Report and Order, 19 FCC Rcd 19331,
    19336 ¶ 12 (2004) ("*LPTV DTV Report and Order*"). Accordingly, the
    Commission decided not to establish a fixed termination date for the
    low power digital television transition until it resolved the issues
    concerning the transition of full-power television stations. *Id*.
    at 19336 ¶ 19.

[^4]: The Commission proposed channel assignments and reference
    facilities for stations' post-transition operations in a 2006 Notice
    of Proposed Rule Making in MB Docket No. 87-268*.* *See* *Advanced
    Television Systems and Their Impact upon the Existing Television
    Broadcast Service*, MB Docket No. 87-268, Seventh Further Notice of
    Proposed Rule Making, 21 FCC Rcd 12100 (2006) ("*Seventh FNPRM*").
    The *Seventh FNPRM* sets forth a channel for each eligible broadcast
    TV station in the proposed new DTV Table. The details of each
    station's channel assignment, including technical facilities and
    predicted service and interference information, are set forth in the
    proposed new DTV Table Appendix B.

[^5]: Our proposal applies to stations that have pending construction
    permits ("CPs"), that have requested CP extensions, that have been
    granted CP extensions, that have been granted waivers of the
    use-or-lose deadlines, and that have waivers for their checklist
    facility deadline.

[^6]: *See* 47 U.S.C. § 336(g).

[^7]: *See Review of the Commission's Rules and Policies Affecting the
    Conversion to Digital Television*, MM Docket No. 00-39, Notice of
    Proposed Rule Making, 15 FCC Rcd 5257 (2000) ("*First DTV Periodic
    NPRM*"). As a result of this proceeding, the Commission made a
    number of determinations in furtherance of the digital transition.
    *See Review of the Commission's Rules and Policies Affecting the
    Conversion to Digital Television*, MM Docket No. 00-39, Report and
    Order, 16 FCC Rcd 5946 (2001) ("*First DTV Periodic Report and
    Order*") (addressing channel election and interference protection
    deadlines), *on recon*., 16 FCC Rcd 20594 (2001) ("*First DTV
    Periodic MO&O"*), Second Report and Order and Second Memorandum
    Opinion and Order, 17 FCC Rcd 15978 (2002) ("*DTV Tuner Order*")
    (addressing DTV receiver standards and labeling requirements). *See
    also* Third Memorandum Opinion and Order on Reconsideration, 17 FCC
    Rcd 18571 (2002) (denying a Petition for Reconsideration of the
    determination that DTV area expansion applications must protect
    certain earlier-filed NTSC applications).

[^8]: *See Second Periodic Review of the Commission's Rules and Policies
    Affecting the Conversion to Digital Television*, MB Docket No.
    03-15, Notice of Proposed Rule Making, 18 FCC Rcd 1279 (2003)
    ("*Second DTV Periodic NPRM*"). The Commission, among other things,
    determined how the channel-election process would operate and
    established replication and maximization deadlines. *Second Periodic
    Review of the Commission's Rules and Policies Affecting the
    Conversion to Digital Television,* MB Docket No. 03-15, Report and
    Order, 19 FCC Rcd 18279, 18281 (2004) ("*Second DTV Periodic Report
    and Order*").

[^9]: The Commission established the initial DTV Table of Allotments in
    1997. *See* *Advanced Television Systems and Their Impact Upon the
    Existing Television Broadcast Service*, MM Docket No. 87-268, Sixth
    Report and Order, 12 FCC Rcd 14588 (1997) ("*Sixth Report and
    Order*"). The details of each station's channel assignment under the
    initial DTV Table, including technical facilities and predicted
    service and interference information, were set forth in the initial
    Appendix B of the Sixth Report and Order ("initial Appendix B").
    *See Sixth Report and Order*, 12 FCC Rcd at 14693, app. B. The
    initial Appendix B was amended in 1998. *See* Memorandum Opinion and
    Order on Reconsideration of the Sixth Report and Order, 13 FCC Rcd
    7418 (1998) ("*DTV Sixth Memorandum Opinion and Order*") and Second
    Memorandum Opinion and Order on Reconsideration of the Fifth and
    Sixth Report and Orders, 14 FCC Rcd 1348 (1998). Simultaneous with
    the adoption of the *Sixth Report and Order*, the Commission
    announced DTV channel assignments for eligible licensees in the
    *Fifth Report and Order* in the same docket. *See* Fifth Report and
    Order, 12 FCC Rcd 12809, 12892, app. E (1997) ("*Fifth Report and
    Order*").

[^10]: *See* *g**enerally* *Seventh FNPRM*, *supra* note 4.

[^11]: *Second DTV Periodic Report and Order*, 19 FCC Rcd at 18292 ¶ 33.
    The Commission received 11 petitions for reconsideration of the
    *Second DTV Periodic Report and Order*, raising a number of issues,
    most of which have been rendered moot by the completion of the
    channel election process.

[^12]: In November 2004, licensees filed certifications via FCC Form 381
    in order to define their proposed post-transition facilities. In
    these certifications, licensees chose whether to (1) replicate their
    allotted facilities, (2) maximize to their currently authorized
    facilities, or (3) reduce to a currently authorized smaller
    facility. *See* Public Notice, "DTV Channel Election Information and
    Deadlines," 19 FCC Rcd 19569 (MB 2004) ("*Certification Deadline
    PN*"). Stations that did not submit certification forms by the
    deadline were evaluated based on replication facilities. *See Second
    DTV Periodic Report and Order*, 19 FCC Rcd at 18296 ¶ 41.

[^13]: Comments on the proposed new DTV Table were due January 25^th^
    and replies were due February 26^th^. *See* *Advanced Television
    Systems and Their Impact upon the Existing Television Broadcast
    Service*, MB Docket No. 87-268, Order Granting Extension of Time for
    Filing Comments and Reply Comments, 22 FCC Rcd 188 (MB 2007)
    (extending the comment filing dates established in the *Seventh
    FNPRM*).

[^14]: *Seventh FNPRM*, 21 FCC Rcd at 12105 ¶ 15.

[^15]: The *Seventh FNPRM* proposes to codify the new DTV Table in 47
    C.F.R. § 73.622(i). *Seventh FNPRM*, 21 FCC Rcd at 12123, app. A.
    The current DTV Table, which is contained in 47 C.F.R. § 73.622(b),
    will become obsolete at the end of all authorized interim DTV
    operations. The current NTSC Table, which is contained in 47 C.F.R.
    § 73.606(b), will become obsolete at the end of the transition, when
    all full-power analog operations must cease.

[^16]: 47 U.S.C. § 309(j)(14) ("A full-power television broadcast
    license that authorizes analog television service may not be renewed
    to authorize such service for a period that extends beyond February
    17, 2009."). *See also* 47 U.S.C. § 337(e).

[^17]: Previously, 47 U.S.C. § 309(j)(14) provided an exception to the
    earlier December 31, 2006 transition deadline if the Commission
    determined that less than 85 percent of the television households in
    a licensee's market were capable of receiving the signals of DTV
    broadcast stations through various means (*i.e.*, via over-the-air
    reception, cable or satellite, or digital-to-analog conversion
    technology). 47 U.S.C. § 309(j)(14)(B)(iii) (2005). Congress
    eliminated the statutory provisions authorizing market-specific
    extensions of the DTV transition, including the 85 percent benchmark
    for DTV reception. This new hard deadline obviates the need for any
    further discussion of how to interpret and implement the former
    Section 309(j)(14)(B) of the Act, an issue previously deferred by
    the *Second DTV Periodic Report and Order*, 19 FCC Rcd at 18282 ¶ 6.

[^18]: *See* 47 U.S.C. § 337(e)(1).

[^19]: *Id*.

[^20]: The "core spectrum" is comprised of low-VHF channels 2 to 4
    (54-72 MHz) and 5 to 6 (76-88 MHz), VHF channels 7 to 13 (174-216
    MHz) and UHF channels 14-51 (470-698 MHz), but does not include TV
    channel 37 (608-614 MHz), which is used for radio astronomy
    research. *See Second DTV Periodic Report and Order*, 19 FCC Rcd at
    18292 ¶ 33; *DTV Sixth Memorandum Opinion and* Order, 13 FCC Rcd at
    7419 ¶ 5. S*ee also* 47 C.F.R. § 73.603(c).

[^21]: *See* 47 U.S.C. § 337(e)(1) ("Any full-power television station
    licensee that holds a television broadcast license to operate
    between 698 and 806 megahertz may not operate at that frequency
    after February 17, 2009.").

[^22]: Channels 60-69 (746-806 MHz) were reallocated for public safety
    and wireless communications services in 1998. *See* *Reallocation of
    Television Channels 60-69, the 746-806 MHz Band*, ET Docket No.
    97-157, Report and Order, 12 FCC Rcd 22953 (1998). Channels 52-59
    were reallocated for new wireless services in 2001. *See
    Reallocation and Service Rules for the 698-746 MHz Spectrum Band
    (Television Channels 52-59)*, GN Docket No. 01-74, Report and Order,
    17 FCC Rcd 1022 (2002) ("*Lower 700 MHz Report and Order*"). *See
    also* 47 U.S.C. §§ 309(j)(14)(B), (15)(C) and 337(e)(1).

[^23]: *See supra* note 9.

[^24]: 47 C.F.R. § 73.624(d)(1).

[^25]: This data is publicly available and is frequently updated. *See*
    <http://www.fcc.gov/mb/video/dtvstatus.html>.

[^26]: The commercial and NCE TV stations that have not commenced
    digital broadcasts were required to file a request for extension of
    additional time to complete construction of their DTV facilities by
    the deadline established for them in 47 C.F.R. § 73.624(d)(1).

[^27]: *Annual Assessment of the Status of Competition in the Market for
    the Delivery of Video Programming*, MB Docket No. 06-189, Notice of
    Inquiry, 21 FCC Rcd 12229, 12308 ¶ 57 (2006). The Commission also
    sought information about the number of cable and satellite
    households that rely on over-the-air service on one or more of their
    television sets not connected to a multichannel video programming
    distributor ("MVPD"). *Id*.

[^28]: *Id.*

[^29]: *See* NAB comments in MB Docket No. 06-189 at 2 (citing Knowledge
    Networks/Statistical Research, Inc., Home Technology Monitor
    Ownership Survey (Spring 2006); Nielsen Media Research, Television
    Household Estimates (2005-2006)).

[^30]: *Id.*

[^31]: *See Ex Parte* comments of CEA in MB Docket No. 03-15 (dated
    April 2, 2007)("CEA Ex Parte").

[^32]: *Id.*

[^33]: *Id*. CEA projects that DTV sales will represent 92 percent of
    all TV sales in 2007.

[^34]: 47 C.F.R. § 15.117(a). In 2002, the Commission initiated the DTV
    tuner mandate, with a phase-in period based on screen size to
    minimize the cost impact on consumers. *DTV Tuner Order*, 17 FCC Rcd
    at 15996 ¶ 40 (requiring that all TV receivers manufactured or
    shipped in the U.S. with screen sizes 13 inches and above be capable
    of receiving DTV signals over-the-air no later than July 1, 2007);
    *see also Consumer Electronics Ass'n v. F.C.C.*, 347 F.3d 291 (D.C.
    Cir. 2003) (upholding the *DTV Tuner Order*). In 2005, the
    Commission accelerated the implementation of the DTV tuner mandate
    to become effective on March 1, 2007 and expanded the mandate to
    include television sets less than 13 inches. *Requirements for
    Digital Television Receiving Capability*, ET Docket No. 05-24,
    Second Report and Order, 20 FCC Rcd 18607 (2005) ("*2005 DTV Tuner
    Order*").

[^35]: DTV Act § 3005(c)(1)(A); 47 U.S.C.A. § 309 Note. *See Rules to
    Implement and Administer a Coupon Program for Digital-to-Analog
    Converter Boxes*, NTIA Docket No. 0612242667-7051-01, Final Rule, 72
    FR 12097 at ¶ 8 (rel. March 12, 2007) ("*NTIA Coupon Program Final
    Rule*"); 47 C.F.R. § 301. Starting January 1, 2008, all U.S.
    households will be eligible to request up to two \$40 coupons to be
    used toward the purchase of up to two, D-to-A converter boxes, while
    the initial \$990 million allocated for the program is available. 47
    C.F.R. § 301.3-4. If the initial funds are used up and the
    additional funds (up to \$510 million) are authorized, eligibility
    for the coupons will be limited to over-the-air-only television
    households. *NTIA Coupon Program Final Rule*, 72 FR 12097 at ¶ 8.
    Eligible consumers will have until March 31, 2009 to make a request
    for these coupons. DTV Act § 3005(c)(1)(A).

[^36]: DTV Act § 3005(a)(1) directs the Assistant Secretary for
    Communications and Information to "implement and administer a
    program through which households in the United States may obtain
    coupons that can be applied toward the purchase of digital-to-analog
    converter boxes." *Id*. The purpose of the program is to enable
    consumers to continue receiving broadcast programming over the air
    using analog-only televisions not connected to cable or satellite
    service. *NTIA Coupon Program Final Rule*, 72 FR 12097 at ¶ 2; *see*
    47 C.F.R. § 301.1.

[^37]: *See generally* *NTIA Coupon Program Final Rule*, *supra* note
    35. NTIA established rules for the coupon program in 47 C.F.R. §
    301. The rules became effective April 16, 2007.

[^38]: *See* 47 U.S.C. §§ 309(j)(14) and 337(e)(1).

[^39]: A station failing to meet its construction deadline may be
    subject to license revocation procedures (47 U.S.C. § 312), the
    issuance of forfeitures (47 U.S.C. § 503), or other remedial
    measures, such as admonishment. For example, we remind licensees
    that "if a broadcasting station fails to transmit broadcast signals
    for any consecutive 12-month period, then the station license
    granted for the operation of that broadcast station expires at the
    end of that period, notwithstanding any provision, term, or
    condition of the license to the contrary." 47 U.S.C. § 312(g). If
    discontinuing operations, stations must also be mindful of the
    Commission's rules. *See*, *e.g.*, 47 C.F.R. §§ 73.1615 (operation
    during modification of facilities), 73.1690 (modification of
    transmission systems), 73.1740 (minimum operating schedule) and
    73.1750 (discontinuance of operation).

[^40]: These post-transition channel assignments largely were based on
    the choices made by licensees during the channel-election process.
    Eligibility for a proposed post-transition channel assignment was
    limited to existing Commission licensees and permittees. *See
    Seventh FNPRM*, 21 FCC Rcd at 12117-18 ¶ 50.

[^41]: This total includes 1,806 stations announced in Appendix A to the
    *Seventh FNPRM* and six additional stations announced in a
    subsequent Public Notice. *See id.* at 12123, app. A; and Public
    Notice, "Tentative Channel Designations To Be Added to the DTV Table
    of Allotments Proposed in the Seventh Further Notice of Proposed
    Rulemaking," DA 07-20 (MB rel. Jan. 8, 2007) ("*New Permittees
    PN*"). Additional new permittees may also be announced before the
    transition deadline. *See Seventh FNPRM*, 21 FCC Rcd at 12118 ¶ 53.

[^42]: *S**ee* Appendix D, "List of Stations Believed Ready to Commence
    Post-Transition Operations," to this Notice. Appendix D includes
    those stations whose post-transition channel is the same as their
    pre-transition DTV channel and that have constructed their full,
    authorized DTV facilities as defined in the new DTV Table Appendix
    B.

[^43]: A station that must change its DTV tower location may face a
    considerable challenge, especially if the station must construct a
    new tower. Such a station must consider whether there are any
    existing towers that can be used or if a new tower must be
    constructed. Because of the lead times involved in purchasing or
    leasing land with appropriate FAA clearances, local and state zoning
    requirements, and varying timelines for designing the new tower,
    ordering equipment, delivery of equipment, and construction-related
    issues, such a station must begin planning as soon as possible in
    order to transition by the deadline. In some cases, building a new
    tower at this stage in the process may no longer be a viable option.

[^44]: As noted *infra* in ¶ 29, "singletons" or "single-channel
    licensees" refers to those licensees that do not have a second or
    "paired" channel to convert to DTV. *See Second DTV Periodic Report
    and Order*, 19 FCC Rcd at 18300 ¶ 49, n.101 (citing to *Advanced
    Television Systems and Their Impact Upon the Existing Television
    Broadcast Service*, MM Docket No. 87-268, Memorandum Opinion and
    Order on Reconsideration of the Fifth Report and Order, 13 FCC Rcd
    6860, 6865 ¶ 11 (1998) ("*Service Reconsideration Order*").

[^45]: "Flash-cut" refers to the situation where a station gives up its
    pre-transition digital channel and transitions to digital service
    using its analog channel or a newly allotted channel. *See infra*
    discussion of flash cutting in section V.B.

[^46]: *See supra* ¶ 17.

[^47]: *See* Appendix D.

[^48]: *See infra* ¶ 56 (explaining the deadline established for
    building "checklist" facilities).

[^49]: For example, stations in this category may need to adjust their
    transmitter power, their antenna design, their antenna location, or
    some combination thereof. We expect that relatively minor
    adjustments to operating power can be done easily, perhaps through
    the use of in-house engineers. *See* Ex Parte Comments of Capitol
    Broadcasting Company, Inc. in MB Docket No. 03-15 (dated April 27,
    2005) ("Capitol Ex Parte"). Changes involving more significant power
    changes and/or changes to transmitting antennas may require more
    time and effort. For example, a number of stations currently have a
    top-mounted analog antenna and a side-mounted digital antenna, and
    to provide full digital service will need to re-mount the digital
    antenna to the top of the tower. According to Capitol Broadcasting,
    it may take a crew approximately two to three weeks to complete the
    installation once the necessary hardware and crew are on site,
    assuming the same tower site and good weather. *See id.* *See infra*
    discussion in section V.C.3. Also, if an entirely new transmission
    line and/or antenna must be installed, additional time will be
    needed to order the transmission line and antenna and have it
    delivered to the site. According to Capitol Broadcasting, it may
    take up to six months to design, order, receive and install a new
    antenna. *See id.* Other stations may need to install a new DTV
    transmitter. Harris Corporation expects that a large number of new
    digital transmitters will need to be ordered, manufactured, and
    installed. *See* Ex Parte Comments of Harris Corporation in MB
    Docket No. 03-15 (dated April 3, 2007) ("Harris Ex Parte").

[^50]: These stations may be required to adjust their transmitter power,
    their antenna location, their antenna design, or some combination
    thereof.

[^51]: *See supra* ¶ 17. This group of stations includes some analog
    singletons and flash-cutters.

[^52]: According to Harris Corporation, it may take 1 to 4 weeks for a
    station to assess whether its analog transmitter is digital capable
    or if its digital transmitter can be retuned. If a new transmitter
    is needed, Harris estimates it may take 3-4 months to obtain. If a
    new channel mask filter also is needed, Harris estimates it may take
    6 months to obtain. *See* Harris Ex Parte.

[^53]: *See id*.; Capitol Ex Parte.

[^54]: According to Capitol Broadcasting, if only minor parts are
    required, the parts may be available on a vendor's shelf. If major
    components are required, it may take up to two months to receive.
    The modifications may take four to five days once the parts are at
    the transmitter site. *See* Capitol Ex Parte.

[^55]: According to Capitol Broadcasting, it could take up to eight
    months to receive the new antenna and transmitter, if ordered today,
    depending upon demand. *See* Capitol Ex Parte. Waiting until closer
    to the end of the transition, when there is more likely to be even
    greater demand for such equipment, could result in even greater
    delays. According to Capitol Broadcasting, it generally will take
    approximately two weeks to take the old antenna down and can take up
    to two months to put the new antenna and waveguide up. *See id.*.

[^56]: *See id.*

[^57]: *See supra* ¶ 17.

[^58]: *See Second DTV Periodic Report and Order*, 19 FCC Rcd at 18300 ¶
    49, n.101. As explained in this footnote, TV station permittees
    whose applications for a new station were not granted on or before
    April 3, 1997 were not eligible for an initial DTV paired license.
    In 1998, the Commission decided that such single-channel stations
    could build their authorized analog TV station and later convert to
    DTV on their single channel (but must convert by the end of the
    transition) or modify their authorization to DTV and build their new
    DTV station on their single channel. *See Service Reconsideration
    Order*, 13 FCC Rcd at 6865 ¶ 11.

[^59]: As noted in section V.A., *infra*, we have permitted these
    stations to turn in their analog channel and be digital-only.

[^60]: *See* Public Notice, "DTV Transition -- Approval of 'Flash-Cut'
    Requests," DA 07-1847 (MB rel. April 25, 2007) ("*Flash Cut PN*").

[^61]: *See infra* section V.B.

[^62]: Single-channel stations receive a CP with a three-year
    construction period. 47 C.F.R. § 73.3598(a). Thus, new stations
    whose CPs were granted after February 2006 will have construction
    deadlines later than February 17, 2009.

[^63]: *See Seventh FNPRM*, 21 FCC Rcd at 12117-18 ¶¶ 50-53, 12123,
    app.A, 12147, app.B.

[^64]: *See infra* section V.C.

[^65]: *See, e.g.*, *New Permittees PN*, *supra* note 41. Stations that
    receive a new CP and that will remain on this channel for
    post-transition operations may either construct their analog
    facilities (for use until the end of the transition) or apply to the
    Commission for permission to construct a digital facility on their
    analog channel for post-transition operations. *Seventh FNPRM*, 21
    FCC Rcd at 12118-19 ¶ 54.

[^66]: While we recognize the Commission's rules for full-power
    television will need to be updated to eliminate outdated references
    to analog and out-of-core television service and clarify engineering
    issues that differ for digital transmission and analog transmission,
    these housekeeping matters will be addressed in a separate
    rulemaking in the DTV proceeding, MB Docket No. 87-268. We,
    nonetheless, seek comment on whether resolution of any housekeeping
    issues requires more immediate attention.

[^67]: 47 U.S.C. § 312; *see also* 47 C.F.R. §§ 73.1615, 73.1690,
    73.1740, 73.1745 and 73.1750. Moreover, the public has a legitimate
    expectation that existing broadcast services will be maintained.
    *See* *Revision of Procedures Governing Amendments to FM Table of
    Allotments and Changes of Community of License in the Radio
    Broadcast Services*, Report and Order, 21 FCC Rcd 14212, 14230 ¶ 34
    (2006); *see also* 47 U.S.C. § 307(b)..

[^68]: *See infra* discussion in section V.C.3.

[^69]: *See* *West Michigan Telecasters, Inc.*, 22 FCC 2d 943 (1970),
    *recon. denied*, 26 FCC 2d 668 (1970), *aff'd*, *West Michigan
    Telecasters, Inc. v. FCC*, 460 F. 2d 883, 889 (D.C. Cir. 1972)
    (finding that losses in service are *prima facie* inconsistent with
    the public interest); *Triangle Publications, Inc*., 37 FCC 307, 313
    (1964) (finding that "once in operation, a station assumes an
    obligation to maintain service to its viewing audience and the
    withdrawal or downgrading of existing service is justifiable only if
    offsetting facts are shown which establish that the public generally
    will be benefited"); *Television Corporation of Michigan v. FCC*,
    294 F.2d 730 (1961) (finding that deprivation of service to any
    group was undesirable, and can be justified only by offsetting
    factors); *and Hall v. FCC*, 237 F.2d 567 (D.C. Cir. 1956) (finding
    that a curtailment of service is not in the public interest unless
    outweighed by other factors).

[^70]: *See*, *e.g.*, KTVO-TV, Inc., 96 FCC 2d 472 (1983) (upholding
    initial decision that found loss of TV service was outweighed by the
    provision of a new first service and additional service gains).

[^71]: The Commission has placed a very high priority on accelerating
    the television industry's transition to DTV. *See, e.g.,* *Fifth
    Report and Order*, 12 FCC Rcd at 12842-45 (1997). *See also* *In Re
    Applications of KRCA License Corp., KSLS, Inc., Golden Orange
    Broadcasting Co. Inc.*, 15 FCC Rcd 1794 (1999) (allowing stations to
    collocate their NTSC and DTV facilities as a means to speed DTV
    conversion).

[^72]: *See, e.g., Amendment of Section 73.606(b), Table of Allotments,
    TV Broadcast Stations (Lima, OH; Muncie, IN, Rockford, IL, and Grand
    Rapids, MI)*, MM Docket No. 87-417, Memorandum Opinion and Order, 7
    FCC Rcd 5933 (1992) (denying request to reduce TV service because it
    would deprive a community of its only currently allotted NCE TV
    channel).

[^73]: *See*, *e.g.*, *Amendment of Section 73.202(b), Table of
    Allotments, FM Broadcast Stations (Columbus and Monona, WI)*, MB
    Docket No. 05-122, Memorandum Opinion and Order, 21 FCC Rcd 10012
    (MB 2006) (noting that most of the loss area is well served with
    five or more aural services).

[^74]: *See OET Bulletin No. 69*, "Longley-Rice Methodology for
    Evaluating TV Coverage and Interference," (Feb. 6, 2004) ("OET
    Bulletin No. 69"), available at
    [www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet69/oet69.pdf](http://www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet69/oet69.pdf).

[^75]: *See* WT Docket No. 99-168 and GN Docket No. 01-74. *See also*
    *infra* notes 77 and 78.

[^76]: *See*, *e.g.*, *Johnson Broadcasting of Dallas, Inc.* (KLDT, Lake
    Dallas- Fort Worth, TX), 21 FCC Rcd 13459 (2006) (returning NTSC
    Channel 55); Associated Christian Television System (WACX, Leesburg,
    FL), 20 FCC Rcd 12425 (MB 2005) (returning NTSC Channel 55); Puget
    Sound Educational TV (KWDK, Tacoma, WA), 20 FCC Rcd 12423 (MB 2005)
    (returning NTSC Channel 56); WLNY-TV, Inc. (WLNY, Riverhead, NY), 20
    FCC Rcd 14765 (MB 2005) (returning NTSC Channel 55); WRNN TV
    Associates LP (WRNN, Kingston, NY), 19 FCC Rcd 12343 (MB 2004)
    (returning NTSC Channel 62); Commonwealth Public Broadcasting Corp.
    (WNVT, Goldvein, VA), 18 FCC Rcd 18517 (MB 2003) (returning NTSC
    Channel 53); and Lenfest Broadcasting, LLC (WWAC, Atlantic City,
    NJ), 17 FCC Rcd 19148 (MB 2002) (returning NTSC Channel 53). In each
    of these cases, the Commission has granted authority to stations to
    (i) cease analog broadcasting on their NTSC channel and surrender
    their license for that channel prior to the end of the DTV
    transition period and (ii) thereafter operate as a single channel,
    digital-only television station.

[^77]: The Commission established its policies on voluntary
    band-clearing for TV Channels 59-69 in a series of orders. The
    Commission initially stated that it would "consider specific
    regulatory requests needed to implement voluntary agreements"
    between incumbent broadcasters and new licensees to clear the Upper
    700 MHz Band early, if consistent with public interest. *See Service
    Rules for the 746-764 and 776-794 MHz Bands, and Revisions to Part
    27 of the Commission's Rules*, WT Docket No. 99-168, First Report
    and Order, 15 FCC Rcd 476 (2000). Next, the Commission established a
    rebuttable presumption favoring the grant of requests that would
    both result in certain specific benefits and avoid specific
    detriments. *See* Memorandum Opinion and Order and Further Notice of
    Proposed Rulemaking, 15 FCC Rcd 20845, 20870-71 ¶ 61 (2000). These
    policies were further extended to "three-way" band clearing
    arrangements, in which non-Channel 59-69 broadcasters were also
    potential parties. *See* Service Rules for the 746-764 and 776-794
    MHz Bands, and Revisions to Part 27 of the Commission's Rules, WT
    Docket No. 99-168, Carriage of the Transmissions of Digital
    Broadcast Stations, CS Docket No. 98-120, Review of the Commission's
    Rules and Policies Affecting the Conversion to Digital Television,
    MM Docket No. 00-39, Third Report and Order, 16 FCC Rcd 2703, 2718 ¶
    36 (2001). Finally, the Commission provided certain additional
    flexibility to facilitate voluntary agreements for early clearing
    and granted a request for relief from two specific DTV-related
    requirements. *See* Order on Reconsideration of the Third Report and
    Order, 16 FCC Rcd 21633 (2001) ("*Third R&O Recon*").

[^78]: *See Lower 700 MHz Report and Order*, 17 FCC Rcd at 1095-96 ¶
    184.

[^79]: *See id*. at n. 549. *See also* cases in *supra* note 76.

[^80]: *See Lower 700 MHz Report and Order*, 17 FCC Rcd at 1096 ¶ 184
    n.549.

[^81]: *See* 47 U.S.C. § 309(j)(14)(B) (2005); and *supra* note 17.

[^82]: *See Second DTV Periodic Report and Order*, 19 FCC Rcd at
    18311-19 ¶¶ 72-87.

[^83]: DTV Act § 3003 unified the timing of auctions for the assignment
    of remaining spectrum from TV Channels 52-69. The Communications Act
    now requires the Commission to commence the auction of recovered
    analog broadcast spectrum no later than January 28, 2008 and deposit
    the proceeds of such auction in the Digital Television Transition
    and Public Safety Fund no later than June 30, 2008. 47 U.S.C. §
    309(j)(15)(C)(v).

[^84]: In other words, we propose to apply the relaxed "rebuttable
    presumption" standard to all out-of-core stations seeking to return
    their analog TV channels. *See supra* ¶ 40 (discussing "rebuttable
    presumption" standard).

[^85]: Stations making requests to reduce analog TV service should do so
    in accordance with the rules to modify an existing license or
    authorization by using FCC Form 301 (commercial stations) or FCC
    Form 340 (NCE stations). *See* 47 C.F.R. §§ 73.1615, 73.1690,
    73.3533, 73.3538. Stations making requests to terminate TV service
    should do so in accordance with the rules to modify an existing
    license or authorization and to discontinue operations. *See id*.
    *See also* 47 C.F.R. § 73.1750. Stations discontinuing only one
    service of their paired license, however, should not return their
    license or authorization, as would otherwise be required by 47
    C.F.R. § 73.1750. In addition, stations making requests to reduce
    service may, if more applicable, instead apply for an STA pursuant
    to 47 C.F.R. § 73.1635. Consistent with the rules for license
    modification and discontinuance of operation, stations terminating
    their service may send a letter to the Video Division of the Media
    Bureau and send an e-mail to <analog@fcc.gov> in lieu of filing an
    application. *See* 47 C.F.R. §§ 73.1690, 73.1750.

[^86]: We seek comment on what that number of services would be. For
    example, the Commission has previously been concerned where the loss
    results in an area becoming less than well served, *i.e.*, with
    fewer than five full-power over-the-air signals; *see supra* note
    73. In other contexts, such as the satellite context, we note that
    the Commission has considered whether an area would become
    "underserved," *i.e.*, an area with two or fewer full-service
    stations. *Television Satellite Stations Review of Policy and
    Rules*, MM Docket No. 87-8, Report and Order, 6 FCC Rcd 4212, 4215 ¶
    19 (1991) ("\[A\] proposed satellite's community of license is
    considered underserved if there are two or fewer full-service
    stations already licensed to it."). We propose to allow stations to
    minimize the loss of service to their service area or population and
    satisfy this condition through the use of analog translators. As
    previously noted, the statutory deadline applies only to full-power
    stations. *See* *supra* note 3; *see also* 47 U.S.C. §§ 309(j)(14)
    and 337(e). Stations interested in the temporary use of analog
    translators should file requests for STA in accordance with 47
    C.F.R. § 73.1635.

[^87]: *See supra* note 85.

[^88]: *See, e.g., DTV Build-Out; Applications Requesting Extension of
    the Digital Television Construction Deadline*, Order, FCC 07-91 at
    section III.C. (rel. May 18, 2007) ("*Construction Deadline
    Extension Order*"); and *DTV Build-Out; Requests for Waiver of July
    1, 2005 and July 1, 2006 "Use or Lose" Deadlines Requests for Waiver
    of the August 4, 2005 "Checklist" Deadline*, Order, FCC 07-90 at
    section III.C. (rel. May 18, 2007) ("*Use or Lose Order*"). Both
    orders recognize the unique technical challenges faced by stations
    with side-mounted antenna-related issues.

[^89]: *See infra* discussion in section V.C.3. (addressing stations
    with special circumstances).

[^90]: *See supra* note 86.

[^91]: The *Second DTV Periodic Report and Order* required the Media
    Bureau to approve a station's request to surrender its
    pre-transition DTV channel and election to flash cut in certain
    circumstances. *Second DTV Periodic Report and Order*, 19 FCC Rcd at
    18321-18323 ¶¶ 95-97, 18325 ¶¶ 102-104.

[^92]: *Id*. at 18323 ¶ 96.

[^93]: *Flash Cut PN*, *supra* note 60.

[^94]: *Second DTV Periodic Report and Order*, 19 FCC Rcd at 18325 ¶
    102. TV satellite stations are full-power broadcast stations
    authorized under Part 73 of the Commission's rules to retransmit all
    or part of the programming of a parent station that is typically
    commonly owned. *Id*. at 18323 ¶ 98. Unlike full-service stations,
    satellite stations have chosen to forego or relinquish full-service
    status and instead retransmit the programming of a parent station
    because full-service operation of the satellite facility is not
    economically viable. Eligible satellite stations were assigned a
    paired DTV channel in the current DTV Table. The *Second DTV
    Periodic Report and Order* recognized that most satellite stations
    operate in small or sparsely populated areas that have an
    insufficient economic base to support full-service operations. *Id*.
    at 18324 ¶ 100.

[^95]: *Id*. at 18325 ¶ 104.

[^96]: *Id*. at 18322 ¶ 95.

[^97]: *Id*. The Commission noted the "greater potential for wasted
    expenditures in DTV facilities built in the 700 MHz band (since
    there will not be an opportunity to remain in that band after the
    transition)" and "the potential for earlier use of this spectrum by
    public safety and other 700 MHz licensees." *Id*.

[^98]: The Commission has "relied on affiliates of the four largest
    national television networks to achieve the necessary milestones
    throughout the DTV transition." *Id*. The Commission also noted that
    the presumption is neither conclusive nor dispositive and that
    special circumstances raised by the resulting loss of digital
    broadcast service could rebut the presumption. *Id*. at 18323 ¶ 96.

[^99]: *See id*.

[^100]: *Id*. at 18323 ¶ 97.

[^101]: *Flash Cut PN*, *supra* note 60.

[^102]: *Id*.

[^103]: Stations may continue to obtain flash cut approval pursuant to
    the *Second DTV Periodic Report and Order* and *Flash Cut PN*.

[^104]: *See Second DTV Periodic Report and Order,* 19 FCC Rcd at 18321
    ¶ 95.

[^105]: *See id*. at 18314-17 ¶¶ 78-80.

[^106]: *See supra* note 17. Guided by this statutory directive, the
    Commission established construction deadlines and "use or lose"
    policies that provided incentives to stations to provide DTV service
    during the transition, which in turn gave viewers an incentive to
    purchase equipment that would enable them to view these signals.
    *See Second DTV Periodic Report and Order,* 19 FCC Rcd at 18314-15 ¶
    78.

[^107]: *See* section IV.A., *supra.* Under this schedule, television
    stations in the 10 largest TV markets and affiliated with the top
    four television networks (ABC, CBS, Fox, and NBC) were required to
    build DTV facilities by May 1, 1999. Stations affiliated with those
    networks in television markets 11 through 30 were required to
    construct their DTV facilities by November 1, 1999. All other
    commercial stations were required to construct their DTV facilities
    by May 1, 2002, and all noncommercial stations were to have
    constructed their DTV facilities by May 1, 2003. 47 C.F.R. §
    73.624(d)(1).

[^108]: *Second DTV Periodic Report and Order*, 19 FCC Rcd at
    18311-18319 ¶¶ 72-87.

[^109]: *Id.* at 18314-18315 ¶ 78.

[^110]: *Id*. at 18317-18318 ¶¶ 85-86.

[^111]: In 2001, the Commission temporarily deferred (until the Second
    DTV Periodic Review) the establishment of construction deadlines for
    these stations, provided they constructed initial DTV facilities
    designed to serve at least their communities of license. *See*
    *First DTV Periodic MO&O*, 16 FCC Rcd at 20597-98 ¶ 10, 20603-04 ¶
    24.

[^112]: *Second DTV Periodic Review Report and Order*, 19 FCC Rcd at
    18327-18328 ¶ 111. *See* 47 C.F.R. § 73.622(f)(2); Public Notice,
    "Commission Details Application Filing Procedures for Digital
    Television," 1997 WL 637847 (MB rel. Oct. 16, 1997). "Checklist"
    facilities have power and antenna height equal to or less than those
    specified in the DTV Table and are located within a specified
    minimum distance from the reference coordinates specified in the DTV
    Table. Because these facilities comply with the interference
    requirements specified in the rules, no further consideration of
    interference is required. In addition, because the DTV Table has
    been coordinated with Canada and Mexico, "checklist" facilities
    generally do not require further international coordination.

[^113]: *See generally Construction Deadline Extension Order*, *supra*
    note 88; and *Use or Lose Order*, *supra* note 88.

[^114]: *See Construction Deadline Extension Order*, *supra* note 88, at
    ¶ 1. The Commission granted 140 of these extension requests, 110 of
    which were to stations remaining on their current DTV channel for
    post-transition use. *Id*.

[^115]: *See id*. at ¶ 1, and section III.A.

[^116]: *See id*. at ¶ 1, and section III.B. As discussed *infra* in
    section V.C.3., ¶ 73, the Commission also granted four stations,
    facing unique technical challenges (*e.g.*, side-mounted
    antenna-related issues) preventing them from completing construction
    of their DTV facilities, CP extensions until February 17, 2009. *See
    id*. at ¶ 1, and section III.C. As discussed *infra* in section
    V.C.3., ¶ 77, the Commission denied the extension requests of five
    stations: two of which met their DTV construction obligations and
    were permitted to continue to operate their licensed facilities,
    while the other three stations were admonished for failing to meet
    their DTV construction obligations. *See id*. at ¶ 1, and sections
    III.D. and III.E.

[^117]: *See Use or Lose Order*, *supra* note 88, at ¶ 1. The Commission
    granted 185 of these "use-or-lose" waiver requests, 130 of which
    were to stations remaining on their current DTV channel for
    post-transition use. *Id*. The *Use or Lose Order* was adopted
    simultaneously with the *Construction Deadline Extension Order*.

[^118]: *See id*. at ¶ 1, and section III.A.

[^119]: *See id*. at ¶ 1, and section III.B. As discussed *infra* in
    section V.C.3., ¶ 73, the Commission also granted 45 stations,
    facing unique technical challenges (*e.g.*, side-mounted
    antenna-related issues) preventing them from meeting the applicable
    replication/maximization requirements, "use or lose" waivers and CP
    extensions until February 17, 2009. *See id*. at ¶ 1, and section
    III.C. As discussed *infra* in section V.C.3., ¶ 78, the Commission
    denied the "use or lose" waiver requests of seven stations. *See
    id*. at 1, and section III.D. As discussed *infra* in section
    V.C.3., ¶ 75, the Commission granted 10 stations their requests for
    waiver of the "checklist" deadline (the August 4, 2005 deadline
    established for all television stations to construct and operate
    "checklist" DTV facilities), four of which were to stations
    remaining on their current DTV channel for post-transition use. *See
    id*. at 1, and section III.E.

[^120]: *See Construction Deadline Extension Order*, *supra* note 88, at
    ¶¶ 2-3; and *Use or Lose Order*, *supra* note 88, at ¶¶ 3-4.

[^121]: *See infra* sections V.C.1-3.

[^122]: *See infra* section V.C.4*.* (¶¶ 79-84) (proposing a stricter
    standard to evaluate pre-transition requests for an extension of
    time to construct DTV facilities). *See also* proposed rule 47
    C.F.R. § 73.624(d)(3) in Appendix A.

[^123]: *See infra* section V.C.4. (¶¶ 85-87) (proposing to use the
    tolling standard in 47 C.F.R. §73.3598(b) to evaluate requests for
    additional time to construct DTV facilities with construction
    deadlines occurring post-transition, *i.e.*, February 17, 2009 and
    later). *See* 47 C.F.R. §73.3598(b) (rule for analog CPs and
    singletons).

[^124]: *See infra* discussion of application requirements in section
    V.D.

[^125]: Stations seeking to modify an existing license or authorization
    should use FCC Form 301 or 340; *see* 47 C.F.R. §§ 73.1615,
    73.1690(b), 73.3533, 73.3538.

[^126]: *See* list of stations in Appendix D, *infra*.

[^127]: We remind stations of their continuing obligation to notify the
    Commission concerning changes in their facilities. *See*, *e.g.*, 47
    C.F.R. §§ 1.65, 73.1690, 73.3533, 73.3538. Stations are expected to
    comply with the rules and may refer to adjustments in their
    facilities as described in the new DTV Table Appendix B in their
    comments in this docket. *See Seventh FNPRM*, 21 FCC Rcd at 12110 ¶
    28. To the extent that stations still need to modify their
    authorization, we propose to require them to file an application, as
    discussed below in section V.D. In addition, as we propose below,
    applications that match or closely approximate but do not exceed
    their new DTV Table Appendix B facilities will be eligible for
    expedited processing. *See* section V.D., *infra*.

[^128]: Stations may have certified facilities that were authorized by
    CPs they have not yet constructed, or that they requested in pending
    applications that have been held up by international coordination
    issues, or that are based on replication that their current CP or
    license does not exactly achieve. Stations may also have modified
    their CP or license since they filed their certification so that
    their currently authorized coverage no longer provides an exact
    match to their certified coverage.

[^129]: *See, e.g.,* 47 C.F.R. §§ 73.1690 (modifications of facilities),
    73.3533 (application for CP or modification of CP), 73.3538
    (applications for changes in existing stations).

[^130]: Stations seeking to modify an existing license or authorization
    may use FCC Form 301 or 340; *see* 47 C.F.R. §§ 73.1615, 73.1690(b),
    73.3533, 73.3538. Stations may also apply for an STA pursuant to 47
    C.F.R. § 73.1635. Any such applications must be consistent with our
    proposals in section V.D., *infra*. *See also* *infra* section
    V.C.6., ¶ 89 (proposal to permit stations to temporarily build less
    than full, authorized post-transition facilities).

[^131]: *See Construction Deadline Extension Order*, *supra* note 88, at
    ¶ 1, and section III.A.; and *Use or Lose Order*, *supra* note 88,
    at ¶ 1, and section III.A.

[^132]: *See* *Construction Deadline Extension Order*, *supra* note 88,
    at ¶ 1, and section III.C.

[^133]: *Id*.

[^134]: *See Use or Lose Order*, *supra* note 88, at ¶ 1, and section
    III.C.

[^135]: *Id*.

[^136]: *See* *Construction Deadline Extension Order*, *supra* note 88,
    at ¶ 1, and section III.C.; and *Use or Lose Order*, *supra* note
    88, at ¶ 1, and section III.C.

[^137]: *See supra* sections V.C.1. and V.C.2.

[^138]: *See Use or Lose Order*, supra note 88, at ¶ 2, and section
    III.E.

[^139]: In the *Use or Lose Order*, these stations were granted a waiver
    of the "checklist" deadline until 30 days after the effective date
    of the amendments to Section 73.624(d) of the rules adopted in the
    Report and Order in this Third DTV Periodic Review proceeding. *See
    id*.

[^140]: *See infra* section V.C.4.

[^141]: *See Construction Deadline Extension Order*, supra note 88, at ¶
    1, and at sections III.D. and III.E. The other two stations that
    were denied extensions were not admonished nor made subject to
    remedial measures because they met their DTV construction
    obligations albeit at a lower power and their extension requests
    were filed on a contingent basis. These stations shall be permitted
    to continue to operate their licensed facilities. *See id*. at
    section III.D.

[^142]: *See id*. at section III.E. *See also Remedial Measures For
    Failure to Comply with Digital Television Construction Schedule*,
    Report and Order, 18 FCC Rcd 7174 (2003) ("*Remedial DTV R&O*"). The
    two admonished stations whose pre-transition DTV channel is the same
    as their post-transition channel were required to submit a report
    within 30 days of the release date of the Construction Deadline
    Extension Order outlining the steps they intend to take to complete
    construction and the approximate date by which they will reach each
    of these construction milestones. Sixty days after the initial
    report, these stations were directed to submit a report detailing
    their progress on meeting their proposed construction milestones and
    justifying any delays they may have encountered. If, at any time
    during the relevant period, these stations fail to comply with the
    reporting requirements or fail to demonstrate that they are taking
    all reasonable steps to complete construction, or we otherwise find
    that these stations have acted in bad faith, we will consider the
    imposition of additional sanctions. The two admonished stations
    whose pre-transition DTV channel is different from their
    post-transition channel were not required at this time to comply
    with the reporting and progress requirements described above for the
    other two admonished stations, given the Commission's ongoing
    consideration of this matter in this Third DTV Periodic Review
    proceeding. *Construction Deadline Extension Order*, supra note 88,
    at section III.E.

[^143]: *See* *supra* section V.C.1.

[^144]: *See Use or Lose Order*, *supra* note 88, at ¶ 1, and at section
    III.D. Three of the seven stations denied "use-or-lose" waiver
    requests are remaining on their current DTV channel for
    post-transition use. *Id*.

[^145]: *See id*.

[^146]: *See id*. The *Use or Lose Order* instructed the three stations
    denied waivers whose pre-transition DTV channel is the same as their
    post-transition channel to submit an application to modify their DTV
    construction permit to specify their reduced facilities within 30
    days of the release date of this *Use or Lose Order*. However, the
    other four stations denied waivers whose pre-transition DTV channel
    is not the same as their post-transition channel were provided until
    30 days after the effective date of the amendments to Section
    73.624(d) adopted in the Report and Order in the Third DTV Periodic
    Review proceeding to submit an application to modify their DTV
    construction permit to specify their reduced facilities. *Id*.

[^147]: This new standard will not apply to digital LPTV facilities.
    *See supra* note 3.

[^148]: *See* 47 C.F.R. § 73.624(d)(3).

[^149]: *See* 47 C.F.R. § 73.624(d)(3)(ii). To qualify under the
    financial resources standard, the applicant must provide (1) an
    itemized estimate of the cost of meeting the minimum build-out
    requirements; (2) a detailed statement explaining why its financial
    condition precludes such an expenditure; (3) a detailed accounting
    of the applicant's good faith efforts to meet the deadline,
    including its good faith efforts to obtain the requisite financing
    and an explanation why those efforts were unsuccessful; and (4) an
    indication when the applicant reasonably expects to complete
    construction. *See* *First DTV Periodic MO&O*, 16 FCC Rcd at
    20610-12 ¶46.

[^150]: *See* 47 C.F.R. § 73.624(d)(3)(iii).

[^151]: *See* proposed rule 47 C.F.R. § 73.624(d)(3) in Appendix A.

[^152]: *See Fifth Report and Order*, 12 FCC Rcd at 12841-12842 ¶ 77
    (1997). The *Fifth Report and Order* added 47 C.F.R. § 73.624.

[^153]: *See First DTV Periodic MO&O*, 16 FCC Rcd 20610-20612 ¶¶ 41-46
    (2001).

[^154]: *See* proposed rule changes in Appendix A.

[^155]: Our proposed showing of three years of negative cash flow is
    similar to the showing considered in determining whether a station
    is a "failed station" for purposes of a waiver of our local TV
    ownership rules. *See*, *e.g*., *2002 Biennial Regulatory Review --
    Review of the Commission's Broadcast Ownership rules and Other Rules
    Adopted Pursuant to Section 202 of the Telecommunications Act of
    1996*, MB Docket 02-277, *Cross-Ownership of Broadcast Stations and
    Newspapers*, MM Docket 01-235, *Rules and Policies Concerning
    Multiple Ownership of Radio Broadcast Stations in Local Markets*, MM
    Docket 01-317, *Definition of Radio Markets*, MM Docket 00-244,
    *Definition of Radio Markets for Areas Not Located in An Arbitron
    Survey Area*, MB Docket 03-130, Report and Order and Notice of
    Proposed Rulemaking, 18 FCC Rcd 13620, 13706 ¶ 221 (2003). However,
    we do not intend to use the failed station standard in its entirety
    as applied in the context of local TV ownership in determining
    whether a station should be granted an extension of time to
    construct under our revised extension standard.

[^156]: *See* proposed changes to FCC Form 337 in Appendix B.

[^157]: *See supra* ¶ 57 (discussing stations whose CPs or extended
    deadlines have not yet expired).

[^158]: We note that DTV singleton stations that were not eligible for a
    paired license for analog TV and DTV operation during the transition
    are not currently governed by 47 C.F.R. § 73.624(d)(3). These DTV
    singleton stations are currently subject to the tolling provisions
    of 47 C.F.R. § 73.3598(b) and we propose that these stations
    continue to be subject to the provisions of that section. *See 1998
    Biennial Regulatory Review -- Streamlining of Mass Media
    Applications, Rules, and Processes;* MM Docket No. 98-43, *Policies
    and Rules Regarding Minority and Female Ownership of Mass Media
    Facilities*, MM Docket 94-149; Report and Order, 13 FCC Rcd 23056,
    23091 ¶ 85 (1998) ("*1998 Streamlining Order*"), *aff\'d* *on
    reconsideration*, Memorandum Opinion and Order, 14 FCC Rcd 17525
    (1999) ("*Streamlining MO&O*").

[^159]: *See* 47 C.F.R. § 73.3598(b).

[^160]: *Id*.

[^161]: *Id*.

[^162]: *See* *id*. § 73.3598(c).

[^163]: *See* *id*. § 73.3598(d).

[^164]: *See* *id*. § 73.3598(e). The Commission has noted that there
    may be rare and exceptional circumstances, other than those
    delineated in its rules or decisions adopting the rules, that would
    warrant the tolling of construction time, *i.e*., other
    circumstances in which a permittee is prevented from completing
    construction within the time specified on its original construction
    permit for reasons beyond its control such that the permittee would
    be entitled to tolling of the construction time under 47 U.S.C. §
    319(b). In these very limited circumstances, the Commission noted
    that it would entertain requests for waiver of its strict tolling
    provisions. *See Streamlining MO&O*, 14 FCC Rcd at 17541 ¶ 42
    (1999).

[^165]: We will consider further amendments after the transition is
    completed to eliminate rules that were adopted only for the
    construction of DTV stations during the transition. As part of that
    effort, we may eliminate 47 C.F.R. § 73.634(d)(3) and instead rely,
    as proposed herein, on 47 C.F.R. § 73.3598(b) for all construction,
    as we do today for the broadcast services. We also note that these
    proposals are for the full-power stations subject to the February
    17, 2009 deadline. The rules pertaining to low power, translator and
    Class A stations will be the subject of another proceeding. *See
    supra* note 3.

[^166]: *See* 47 C.F.R. § 73.3598(a) (referencing original construction
    permits "for the construction of a new TV, AM, FM or International
    Broadcast; low power TV; TV translator; TV booster; FM translator;
    or FM booster station, ..."). As noted above, we also intend to
    initiate a proceeding to consider general rule revisions consistent
    with the eventual elimination of analog television broadcasting.
    *See* *supra* note 66.

[^167]: The Small Business Administration defines a television broadcast
    station as a small business if such station has no more than \$13.5
    million in annual receipts; 13 C.F.R. § 121.201, NAICS Code 515120.
    *See* Appendix C, Initial Regulatory Flexibility Analysis ("IRFA").
    We note that small TV stations, as well as larger stations, must
    terminate analog broadcasting by February 17, 2009, and, therefore,
    should have their digital facility completed by that date.

[^168]: *See* 47 C.F.R. § 73.624(d)(3).

[^169]: *See infra* discussion about pre-transitional interference
    standards in section V.F.2.

[^170]: We are proposing to revise FCC Forms 301 and 340 to allow
    stations to simultaneously apply for both pre- and post-transition
    facilities. *See* proposed form changes in Appendix B.

[^171]: *See infra* discussion in section V.E.

[^172]: *See supra* discussion in section V.A.

[^173]: *See supra* discussion in section V.C.4.

[^174]: Stations must ensure that consumers served pre-transition that
    obtain a D-to-A converter box through the NTIA program or who
    otherwise purchase DTV receiver equipment will be capable of
    receiving off-the-air DTV signals post-transition.

[^175]: *See* 47 C.F.R. § 73.1635.

[^176]: We note that out-of-core DTV stations are prohibited by statute
    from remaining on their original allotted DTV channel after the
    transition deadline. Therefore, this flexibility would not apply to
    DTV stations operating out-of-core.

[^177]: Whatever post-transition construction deadline is established
    for these stations, we propose to apply the new tolling standard
    adopted in this proceeding. *See supra* discussion in section V.C.4.

[^178]: It is our understanding that whenever a station changes
    channels, an over-the-air viewer using a D-to-A converter box (or
    DTV tuner-equipped set) will have to manually rescan for available
    channels in order to receive that channel.

[^179]: *See* 47 C.F.R. §§ 73.1690(b), 73.3533(a), 73.3538. The 634
    stations that need to construct their post-transition facilities
    because they will not be using their currently authorized DTV
    channel for post-transition operations are expected to file after
    the DTV Table is adopted. Any of the 1,178 stations that will use
    their currently authorized DTV channel for post-transition
    operations but need to change their facilities because they do not
    have an authorization for their intended operations should also file
    an application. For example, a station that intends to operate its
    post-transition facility pursuant an existing STA operation must
    file an application to modify its CP. Also, some of these stations
    may need to apply to increase power or otherwise adjust their
    facilities because they are now operating under STA at reduced power
    and they are unable to construct their authorized CP facilities, but
    intend to operate with more than their current STA facilities (for
    example, they intend to raise their transmitting antenna to a higher
    height on their tower, but are unable to mount it at the authorized
    height). Other stations may need to apply to modify their licensed
    or CP facilities in order to better reach their new DTV Table
    Appendix B coverage if such was based on a certification that
    differs from their current license or CP (for example, more than 200
    stations staying on their pre-transition DTV channel certified to
    replication facilities and their currently authorized licenses or
    CPs are unlikely to exactly match the new DTV Table Appendix B
    facilities that are derived from the replication coverage). Stations
    that already have a license to operate or a CP to construct their
    post-transition channel that matches their new DTV Table Appendix B
    facilities do not need to file any additional CP applications. This
    group includes those stations discussed in ¶ 17 that will use their
    currently authorized DTV channel for post-transition operations and
    that will use facilities that exactly match those defined in the new
    DTV Table Appendix B. These stations are building their
    post-transition facilities on the CPs granted for pre-transition
    operation. Once they have completed construction, they should file
    for a license to cover (FCC Form 302) as required by 47 C.F.R. §
    73.3536; *see also infra* ¶ 96.

[^180]: On August 3, 2004, the Media Bureau imposed a freeze on requests
    for changing DTV channels within the DTV Table and on new DTV
    channels, as well as on the filing of modification applications by
    television and Class A television stations, in order to provide a
    stable database for conducting the channel election process and
    developing a new DTV Table. The freeze does not prevent the
    processing of pending applications. *See* Public Notice, "Freeze on
    the Filing of Certain TV and DTV Requests for Allotment or Service
    Area Changes," 19 FCC Rcd 14810, 14810-11 (MB 2004) ("*August 2004
    Filing Freeze PN*"). *See also* 47 C.F.R. §§ 73.1690, 73.3533,
    73.3538.

[^181]: The facilities defined in the proposed new DTV Table Appendix B
    were intended to allow stations to serve geographic areas based on
    licensees' certification forms (FCC Form 381) and, in some cases, on
    conflict resolution forms (FCC Form 383 and 385). If the DTV
    facility that a station intends to license for post-transition
    operation did not match the facilities described in the proposed new
    DTV Table Appendix B, but does match the facility in the revised new
    DTV Table Appendix B when adopted, the station need not file an
    application.

[^182]: Applications to construct or modify post-transition facilities
    specified in the new DTV Table Appendix B involve a minor change in
    facilities and we will process them accordingly. Section
    73.3572(a)(1) of the Commission's rules defines a major change in a
    television station's facilities as any change in frequency or
    community of license. 47 C.F.R. § 73.3572(a)(1). Several stations
    may be changing channels as a result of the channel election
    process; however, these stations will be applying for the frequency
    and community of license assigned to them in the new DTV Table that
    will be established in the Report and Order in MB Docket No. 87-268,
    so we will treat their applications as not involving a change in
    frequency. We believe this treatment will speed processing. We also
    note that this is consistent with our implementation of the initial
    DTV Table in 1998. *See supra* note 10.

[^183]: *See* 47 C.F.R. § 73.3533(a); *see also* 47 C.F.R. § 1.1104. As
    discussed above, this application and its associated fee will be for
    a minor change.

[^184]: *See infra* discussed in section V.E.

[^185]: We note that some stations may need to complete their facilities
    significantly before February 17, 2009, because, for example, they
    will not be able to build during the winter months.

[^186]: The 45-day application deadline will not become effective until
    OMB approval is obtained for the filing of these applications.

[^187]: In other words, we will not allow them to exceed what is
    specified in the new DTV Table Appendix B. *See* section V.E.,
    below.

[^188]: Stations that receive expedited processing are not guaranteed
    that their application will be granted; the application still must
    satisfy the criteria on Form 301 (or 340 for NCEs), as revised in
    this proceeding. Similarly, stations that do not qualify for
    expedited processing will not necessarily have their applications
    denied; rather, their applications simply will not be processed on
    an expedited basis.

[^189]: In addition to the proposed requirements discussed, an
    application cannot be granted unless certain other criteria are met.
    These include certifying that the proposed facility: (1) will not
    have a significant environmental impact; (2) will serve the
    principal community of license; (3) will provide necessary
    protection to radio astronomy installations and FCC monitoring
    stations; and (4) has had its tower approved by FAA, if necessary.
    47 C.F.R. § 73.622(f)(2) (checklist criteria).

[^190]: *See* proposed changes to FCC Form 301 in Appendix B.

[^191]: 47 C.F.R. § 73.1620(a).

[^192]: Stations must comply with the terms of their CP as well as the
    technical provisions of the application, or rules and regulations,
    and the applicable engineering standards.

[^193]: *See* 47 C.F.R. §§ 73.1620, 73.3536. We remind stations that
    will be using Channel 14 for post-transition operations that they
    must take special precautions to avoid interference to adjacent
    spectrum land mobile radio service facilities before commencing
    program testing. Where a TV station is authorized and operating
    prior to the authorization and operation of the land mobile
    facility, a Channel 14 station must attenuate its emissions within
    the frequency range 467 to 470 MHz if necessary to permit reasonable
    use of the adjacent frequencies by land mobile licensees. 47 C.F.R.
    § 73.687(e)(3).

[^194]: *See supra* note 180 (explaining the Commission's filing
    freeze).

[^195]: We cannot provide any guarantees regarding whether and/or to
    what extent any particular broadcaster may be able to expand their
    facilities in the future.

[^196]: *See* 47 C.F.R. §§ 73.623(d), 73.623(c) and 73.622(e). In
    particular, 47 C.F.R. § 73.623(d) specifies the minimum geographic
    spacing requirements for DTV allotments not included in the initial
    DTV Table. 47 C.F.R. § 73.623(c) sets forth the criteria for
    applications to modify assignments in the initial DTV Table,
    including the thresholds of desired-to-undesired (D/U) ratios at
    which interference is considered to occur. 47 C.F.R. § 73.622(e)
    defines a DTV station's service area as the geographic area within
    the stations' noise-limited F(50,90) contour where its signal is
    predicted to exceed the noise-limited service level. The F(50,90)
    designator indicates that a specified field strength necessary for
    the provision of DTV service is expected to be available at 50
    percent of the locations 90 percent of the time. *Id*. A station's
    noise-limited contour is computed using its actual transmitter
    location, ERP, antenna HAAT, and antenna radiation pattern.

[^197]: The Commission considered but ultimately rejected an alternative
    approach whereby a party requesting an addition to, or modification
    of, the DTV Table would be required to show that a station operating
    at the maximum permissible ERP and antenna height on the proposed
    allotment would not exceed the engineering interference criteria
    with regard to any other existing allotment. *Sixth Report and
    Order*, 12 FCC Rcd at 14688 ¶ 211.

[^198]: *See* 47 C.F.R. § 73.623(c).

[^199]: 47 C.F.R. § 73.623(c)(2); *DTV Sixth Memorandum Opinion and
    Order*, 13 FCC Rcd at 7450 ¶ 79. Parties requesting such changes are
    required to submit an engineering showing that the change comports
    with the *de minimis* standard.

[^200]: *Id*. at 7450-51 ¶ 80.

[^201]: Public Notice, "Additional Application Processing Guidelines for
    Digital Television (DTV)," 1998 WL 458391 at 8 (MB rel. Aug. 10,
    1998) ("*DTV Application Processing Guidelines PN*").

[^202]: Similarly, a licensee requesting DTV facilities modifications
    that would expand its station's service area in any direction must
    meet D/U protection requirements at the protected contour of Class A
    TV stations authorized on the same or first adjacent channel. In all
    cases in which the interference standard is based on signal contour
    protection, applicants are permitted to base requests to waive the
    standard on the DTV protection standards and methodology in 47
    C.F.R. § 73.623(c) and OET Bulletin No. 69.

[^203]: *Second DTV Periodic Report and Order*, 19 FCC Rcd at 18294 ¶¶
    37-38. New interference was considered to constitute a conflict when
    the new interference affected more than 0.1 percent of the
    population predicted to be served by the station in the absence of
    that new interference. *Id*. at 18302-03 ¶ 56. In the *Second DTV
    Periodic Report and Order*, the Commission permitted the 0.1 percent
    additional interference limit to be exceeded on a limited basis in
    order to afford stations with an out-of-core DTV channel to elect to
    operate its post-transition station on its in-core analog channel.
    *Id*. *See also Seventh FNPRM*, 21 FCC Rcd at 12107-08 ¶ 22.

[^204]: *See* proposed rule 47 C.F.R. § 73.616 in Appendix A.

[^205]: *See DTV Application Processing Guidelines PN*, *supra* note
    201.

[^206]: The 0.5 percent allowable predicted interference level is also
    used for Class A TV stations protecting DTV stations pursuant to 47
    C.F.R. § 73.6013 and for determination of LPTV and TV translator
    protection of full service DTV.

[^207]: In the initial DTV Table, the Commission necessarily exceeded
    the 10 percent limit with respect to a significant number of
    stations. *DTV Sixth Memorandum Opinion and Order*, 13 FCC Rcd at
    7450-51 ¶ 80. In contrast to the initial Table, the new Table will
    not be as congested because stations will be returning one of their
    paired channels.

[^208]: For example, an application would not be granted for a station
    that is authorized to cause 1.8 percent predicted interference if
    the facilities proposed in the application are predicted to raise
    the amount of interference caused to 1.9 percent.

[^209]: *See OET Bulletin No. 69*, "Longley-Rice Methodology for
    Evaluating TV Coverage and Interference," (Feb. 6, 2004) ("OET
    Bulletin No. 69"), available at
    [www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet69/oet69.pdf](http://www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet69/oet69.pdf).
    *See* *also* Public Notice, "Office of Engineering and Technology
    Releases Update of OET Bulletin No. 69," 19 FCC Rcd 2208 (2004).

[^210]: *See* *Second DTV Periodic Report and Order*, 19 FCC Rcd at
    18294 ¶ 38. The more up-to-date population data from the year 2000
    census was used to provide a more accurate indication of the station
    service and impacts of interference on that service than the older
    year 1990 population data used in computing the service data for the
    initial DTV Table. *Id*.

[^211]: For example, if an application would fail based on 1.0 km cells
    but passes based on 1.5 km cells, the applicant would request
    evaluation based on the 1.5 km cell size.

[^212]: *See*, *e.g.*, Comments of MSTV in MB Docket No. 05-312 at 7-8
    (dated Feb. 6, 2006) and Reply Comments of Merrill Weiss Group LLC
    in MB Docket No. 05-312 at 6-8 (dated Mar. 8, 2006).

[^213]: Such situations may become more prevalent if rules are adopted
    allowing distributed transmission systems ("DTS"). *See Digital
    Television Distributed Transmission System Technologies*, MB Docket
    No. 05-312, Clarification Order and Notice of Proposed Rulemaking,
    20 FCC Rcd 17797 (2005).

[^214]: 47 C.F.R. § 73.623(d).

[^215]: *See Amendment of Section 73.606(b), Table of Allotments, TV
    Broadcast Stations (Pueblo, Colorado)*, MM Docket No. 93-191, Report
    and Order, 10 FCC Rcd 7662, 7666-67 (MMB 1995), *app. for rev.
    denied*, Memorandum Opinion and Order, 11 FCC Rcd 19649 (1996),
    *aff\'d on remand*, Memorandum Opinion and Order on Remand, FCC
    99-162, 1999 WL 459314 (rel. Jul. 7, 1999) at ¶¶ 22-25 (explaining
    that the Commission has long applied stricter standards to
    short-spaced allotments than to short-spaced application waivers).
    *Id*. at ¶ 23.

[^216]: *See* 47 C.F.R. § 73.623.

[^217]: Analog TV applications also must protect Class A TV stations, as
    provided in 47 C.F.R. § 73.613, and stations in the land mobile
    radio service, pursuant to the requirements established in
    *Amendment of Parts 2, 89, 91, and 93; Geographic Reallocation of
    UHF-TV Channels 14 Through 20 to the Land Mobile Radio Services For
    Use Within the 25 Largest Urbanized Areas of the United States;
    Petition Filed by the Telecommunications Committee of the National
    Association of Manufacturers to Permit Use of TV Channels 14 and 15
    by Land Mobile Stations in the Los Angeles Area*, Docket No. 18261,
    First Report and Order, 23 FCC 2d 325 (1970).

[^218]: DTV applications also must protect Class A TV stations as
    provided in 47 C.F.R. § 73.623(c)(5) and stations in the land mobile
    radio service pursuant to 47 C.F.R. § 73.623(e).

[^219]: Although new population data is available, we believe it is
    appropriate to continue to use the 1990 census data for the
    predicting the populations to be served by the remaining analog and
    new digital television stations to be processed during the
    transition and the interference those stations would cause to other
    stations. The predictions of population served and interference
    received used in developing initial DTV transition assignments in
    1998 were based on the 1990 census and that population base has been
    relied on subsequently in processing of applications for analog and
    DTV modifications and new stations. Our continued use of the 1990
    census data for processing the few remaining transition applications
    will provide for treatment of these applications on the same basis
    as other stations during the transition. We also do not believe that
    the differences in population patterns between the 1990 and 2000
    census are of sufficient significance for TV service purposes in the
    short remaining time of the transition as to warrant recomputation
    of the service and interference predictions for all analog and DTV
    stations operating during the transition.

[^220]: 47 C.F.R. § 73.682(d) states: "Effective February 1, 2005,
    transmission of digital broadcast television (DTV) signals shall
    comply with the standards for such transmissions set forth in ATSC
    A/52: 'ATSC Standard Digital Audio Compression (AC-3)' (incorporated
    by reference, *see* § 73.8000), ATSC Doc. A/53B, Revision B with
    Amendment 1 and Amendment 2: 'ATSC Digital Television Standard,'
    except for Section 5.1.2 ('Compression format constraints') of Annex
    A ('Video Systems Characteristics') and the phrase '*see* Table 3'
    in Section 5.1.1. Table 2 and Section 5.1.2 Table 4 (incorporated by
    reference, *see* § 73.8000), and ATSC A/65B: 'ATSC Program and
    System Information Protocol for Terrestrial Broadcast and Cable,'
    (Revision B) 2003 (incorporated by reference, *see* § 73.8000).
    Although not incorporated by reference, licensees may also consult
    ATSC Doc. A/54, Guide to Use of the ATSC Digital Television
    Standard, (October 4, 1995), and ATSC Doc. A/69, Recommended
    Practice PSIP Implementation Guidelines for Broadcasters (June 25,
    2002)."

[^221]: *Second DTV Periodic Report and Order*, 19 FCC Rcd at 18341-42 ¶
    145.

[^222]: A/53 Revision E (with Amendments No. 1 and 2) is available at
    <http://www.atsc.org/standards/a_53e-with-Amend-1-and-2.pdf>.

[^223]: *Id*. at 55 ("The optional enhancements add additional forward
    error correction coding layers to the data before sending the data
    via a constrained version of 8-VSB called Enhanced 8-VSB (E8-VSB).
    Various coding rate options are defined, and the payload assignment
    between the Enhanced 8-VSB and the Main Mode data is selectable at
    discretely defined values.").

[^224]: *Id.* at 67.

[^225]: *Id.* at 56.

[^226]: ISO/IEC IS 13818-1-2000 (E), International Standard, Information
    technology -- Generic coding of moving pictures and associated audio
    information system.

[^227]: A/53 Revision E at 107.

[^228]: A/53 Revision E at 127.

[^229]: *Second DTV Periodic Report and Order*, 19 FCC Rcd at 18341-42 ¶
    145.

[^230]: *See*, *e.g.*, TVTechnology.com discussion of DTV Aspect Ratio
    Signaling (dated Oct. 3, 2001) available at
    <http://www.tvtechnology.com/features/Tech-Corner/f-rh-aspect-ratio.shtml>
    ("And up-converted commercials and other non-program material are
    often integrated into HDTV programs. This typically produces a
    pillar boxed image in a 16:9 field that, in turn, is letterboxed
    onto a 4:3 display. The result: black bars all around the image with
    the viewers seeing a 'postage-stamp'-sized picture afloat in a sea
    of black.").

[^231]: A/53 Revision E at 127 (referencing CEA: "Active Format
    Description (AFD) & Bar Data Recommended Practice," Doc. CEA-CEB16,
    Consumer Electronics Association, Arlington, VA, 31 July 2006; and
    SMPTE: "Proposed SMPTE 2016-1 \[in development\]: Standard for
    Television --- Format for Active Format Description and Bar Data,"
    Society of Motion Picture and Television Engineers, White Plains,
    NY).

[^232]: *Second DTV Periodic Report and Order*, 19 FCC Rcd at 18345-46 ¶
    152.

[^233]: *See* ATSC website at
    <http://www.psip.org/psip_information.html> ("PSIP is a small
    collection of tables designed to operate within every Transport
    Stream (TS) for terrestrial broadcast of digital television. Its
    purpose is to describe the information at the system and event
    levels for all virtual channels carried in a particular TS.
    Additionally, information for analog channels as well as digital
    channels from other Transport Streams may be incorporated. There are
    two main categories of information in the ATSC PSIP Standard, system
    information and program data. System information allows navigation
    and access of the channels within the DTV transport stream, and the
    program data provides necessary information for efficient browsing
    and event selection. Some tables announce future events and some are
    used to locate the digital streams than make up an event. The PSIP
    data are carried via a collection of hierarchically arranged
    tables.").

[^234]: *Second DTV Periodic Report and Order*, 19 FCC Rcd at 18343-44 ¶
    149.

[^235]: Digital cable systems with activated channel capacity of 750 MHz
    or greater are required to include in-band PSIP when available from
    the provider. 47 C.F.R. § 76.640(b)(1)(iv).

[^236]: 47 C.F.R. § 73.624(g).

[^237]: *See Second DTV Periodic Report and Order*, 19 FCC Rcd
    at18353-18355 ¶¶ 169-173. *See also* 47 C.F.R. § 73.1201.

[^238]: *See Second DTV Periodic Report and Order*, 19 FCC Rcd at
    18354-55 ¶ 172. *See also* 47 C.F.R. § 73.1201(b). Thus, a
    broadcaster who operates an NTSC service on channel "26" and a DTV
    service on channel "27" would use the major channel "26" in station
    identification announcements. *Id*.

[^239]: *See id*. This allows broadcasters to keep their existing
    channel number in the digital world, thereby assisting viewers who
    have come to identify these numbers with particular broadcasters and
    preserving the investment broadcasters have made in marketing these
    numbers. *Id*.

[^240]: *See id*. Thus, a station with major channel number 26 might
    have channel 26.0 (NTSC program stream), channel 26.1 (HDTV), and
    26.2 (SDTV). Stations may provide information in the station
    announcement identifying the network affiliation of the program
    service (*e.g*., "WXXX-DT, channel 26.1, YYY (community of license),
    your CW network channel"). Stations simulcasting their analog
    programming on their digital channel are permitted to make station
    identification announcements simultaneously for both stations as
    long as the identification includes both call signs (*e.g*.,
    "WXXX-TV and WXXX-DT") if it is intended to serve as the
    identification for both program streams. Stations simulcasting the
    analog stream on the digital channel may also do a shortened
    identification for both streams (*e.g*., "WXXX-TV/DT"). *Id*.

[^241]: *See id*. Thus, if station WXXX-DT is transmitting programming
    provided by WYYY-TV or WYYY-LP on one of WXXX-DT's multicast
    streams, the identification on that stream must be the frequency and
    location of WXXX-DT. *Id*.

[^242]: *See Second DTV Periodic Report and Order*, 19 FCC Rcd at 18354
    ¶ 171.

[^243]: *See* 47 U.S.C. 522(13). MVPDs include cable operators and
    Direct Broadcast Satellite carriers. *See also* 47 C.F.R. §§ 76.5,
    76.501 (SMATV).

[^244]: *See* *Annual Assessment of the Status of Competition in the
    Market for the Delivery of Video Programming*, MB Docket No. 05-255,
    Twelfth Annual Report, 21 FCC Rcd 2503 (2006) ("2005 Competition
    Report"). As of June 2005, approximately 94.2 million TV households,
    or almost 86 percent of TV households, subscribe to an MVPD service.
    *Id*. at 2506-07 ¶ 8.

[^245]: General issues regarding mandatory carriage of digital broadcast
    signals are being addressed in other dockets. *See* MB Docket Nos.
    98-120 and 00-96.

[^246]: The Paperwork Reduction Act of 1995 ("PRA"), Pub. L. No. 104-13,
    109 Stat 163 (1995) (codified in Chapter 35 of title 44 U.S.C.).

[^247]: *See supra* section V., ¶ 35.

[^248]: *See supra* section V.D. *See also* OMB Control Nos. 3060-0374
    (47 C.F.R. § 73.1690), 3060-0216 (47 C.F.R. §73.3538), 3060-0027
    (Form 301) and 3060-0029 (Form 340).

[^249]: *See supra* section V.A. *See also* OMB Control Nos. 3060-0374
    (47 C.F.R. § 73.1690), 3060-0216 (47 C.F.R. §73.3538), 3060-0027
    (Form 301) and 3060-0029 (Form 340).

[^250]: *See also* OMB Control Nos. 3060-0374 (47 C.F.R. § 73.1690),
    3060-0216 (47 C.F.R. §73.3538), 3060-0027 (Form 301) and 3060-0029
    (Form 340). *See* *also* OMB Control No. 3060-0386 (47 C.F.R. §
    73.1635).

[^251]: *See supra* section V.B. and 47 C.F.R. §§ 73.1690 and 73.1750.
    *See also* OMB Control Nos. 3060-0374 (47 C.F.R. § 73.1690),
    3060-0216 (47 C.F.R. §73.3538), 3060-0027 (Form 301) and 3060-0029
    (Form 340).

[^252]: *See supra* section V.A. *See* note 86.

[^253]: *See supra* section V.C.4. *See also* OMB Control Nos. 3060-1001
    (Form 337) and 3060-0407 (47 C.F.R. § 73.3598).

[^254]: *See supra* section V.C.5. *See also* OMB Control Nos. 3060-0374
    (47 C.F.R. § 73.1690), 3060-0216 (47 C.F.R. §73.3538), 3060-0027
    (Form 301) and 3060-0029 (Form 340).

[^255]: *See supra* section V.C.6. *See also* OMB Control No. 3060-0386
    (47 C.F.R. § 73.1635).

[^256]: *See supra* section V.C.6. *See also* OMB Control No. 3060-0386
    (47 C.F.R. § 73.1635).

[^257]: *See supra* section V.D. *See also* OMB Control 3060-0029 and
    3060-0837 (Form 302DTV).

[^258]: *See supra* section V.G.2.

[^259]: The Small Business Paperwork Relief Act of 2002 ("SBPRA"), Pub.
    L. No. 107-198, 116 Stat 729 (2002) (codified in Chapter 35 of title
    44 U.S.C.); *see* 44 U.S.C. 3506(c)(4).

[^260]: *See* 47 C.F.R. § 1.1206(b); *see also* 47 C.F.R. §§ 1.1202,
    1.1203.

[^261]: *See id*. § 1.1206(b)(2).

[^262]: *See id*. §§ 1.415, 1419.

[^263]: *See* *Electronic Filing of Documents in Rulemaking
    Proceedings*, GC Docket No. 97-113, Report and Order, 13 FCC Rcd
    11322 (1998).

[^264]: *See* 5 U.S.C. § 603. The RFA, *see* 5 U.S.C. § 601 et. seq.,
    has been amended by the Small Business Regulatory Enforcement
    Fairness Act of 1996 ("SBREFA"), Pub. L. No. 104-121, Title II, 110
    Stat. 847 (1996). The SBREFA was enacted as Title II of the Contract
    With America Advancement Act of 1996 ("CWAAA").

[^265]: *See* 5 U.S.C. § 603(a).

[^266]: *See id*. § 603(a).

[^267]: *See* discussion in Section D. of this IRFA.

[^268]: *Id*. § 603(b)(3).

[^269]: 5 U.S.C. § 601(6).

[^270]: *Id*. § 601(3) (incorporating by reference the definition of
    "small business concern" in 15 U.S.C. § 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." 5 U.S.C. § 601(3).

[^271]: 15 U.S.C. § 632. Application of the statutory criteria of
    dominance in its field of operation and independence are sometimes
    difficult to apply in the context of broadcast television.
    Accordingly, the Commission's statistical account of television
    stations may be over-inclusive.

[^272]: *See* 13 C.F.R. § 121.201, NAICS Code 515120.

[^273]: *Id*. This category description continues, "These establishments
    operate television broadcasting studios and facilities for the
    programming and transmission of programs to the public. These
    establishments also produce or transmit visual programming to
    affiliated broadcast television stations, which in turn broadcast
    the programs to the public on a predetermined schedule. Programming
    may originate in their own studios, from an affiliated network, or
    from external sources." Separate census categories pertain to
    businesses primarily engaged in producing programming. *See* Motion
    Picture and Video Production, NAICS code 512110; Motion Picture and
    Video Distribution, NAICS Code 512120; Teleproduction and Other
    Post-Production Services, NAICS Code 512191; and Other Motion
    Picture and Video Industries, NAICS Code 512199.

[^274]: *See* News Release, "Broadcast Station Totals as of December 31,
    2006," 2007 WL 221575 (dated Jan. 26, 2007) ("*Broadcast Station
    Totals*"); also available at <http://www.fcc.gov/mb/>.

[^275]: We recognize that this total differs slightly from that
    contained in *Broadcast Station Totals*, *supra* IRFA note 11;
    however, we are using BIA's estimate for purposes of this revenue
    comparison.

[^276]: *See* *Broadcast Station Totals*, *supra* IRFA note 11.

[^277]: "\[Business concerns\] are affiliates of each other when one
    concern controls or has the power to control the other or a third
    party or parties controls or has to power to control both." 13
    C.F.R. § 121.103(a)(1).

[^278]: *See* 13 C.F.R. § 121.201, NAICS Code 515120.

[^279]: *See* *Broadcast Station Totals*, *supra* IRFA note 11.

[^280]: 5 U.S.C. § 603(a).

[^281]: 13 C.F.R. § 121.201, NAICS code 517510.

[^282]: U.S. Census Bureau, 1997. Economics and Statistics
    Administration, Bureau of Census, U.S. Department of Commerce, 1997
    Economic Census, Subject Series -- Establishment and Firm Size,
    Information Sector 51, Table 4 at 50 (2000). The amount of \$10
    million was used to estimate the number of small business firms
    because the relevant Census categories stopped at \$9,999,999 and
    began at \$10,000,000. No category for \$12.5 million existed. Thus,
    the number is as accurate as it is possible to calculate with the
    available information.

[^283]: *See* U.S. Census Bureau, 2002 Economic Census, Industry Series:
    "Information," Table 2, Comparative Statistics for the United States
    (1997 NAICS Basis): 2002 and 1997, NAICS code 513220 (issued Nov.
    2004). The preliminary data indicate that the number of total
    "establishments" increased from 4,185 to 6,118. In this context, the
    number of establishments is a less helpful indicator of small
    business prevalence than is the number of "firms," because the
    latter number takes into account the concept of common ownership or
    control. The more helpful 2002 census data on firms, including
    employment and receipts numbers, will be issued in late 2005.

[^284]: 47 C.F.R. § 76.901(e). The Commission developed this definition
    based on its determinations that a small cable system operator is
    one with annual revenues of \$100 million or less. For "regulatory
    simplicity," the Commission established the company size standard in
    terms of subscribers, rather than dollars; in the cable context,
    \$100 million in annual regulated revenues equates to approximately
    400,000 subscribers. *See Implementation of Sections of the Cable
    Television Consumer Protection and Competition Act of 1992: Rate
    Regulation, MM Doc. Nos. 92-266 and 93-215, Sixth Report and Order
    and Eleventh Order on Reconsideration*, 10 FCC Rcd 7393, 7408-7409
    ¶¶ 28-30 (1995).

[^285]: Paul Kagan Associates, Inc., Cable TV Investor, Feb. 29, 1996
    (based on figures for Dec. 30, 1995).

[^286]: 47 U.S.C. § 543(m)(2).

[^287]: *See* Public Notice, "FCC Announces New Subscriber Count for the
    Definition of Small Cable Operator," 16 FCC Rcd 2225 (2001) ("*2001
    Subscriber Count PN*"). In this Public Notice, the Commission
    established the threshold for determining whether a cable operator
    meets the definition of small cable operator at 677,000 subscribers,
    and determined that this threshold will remain in effect until the
    Commission issues a superceding Public Notice. We recognize that the
    number of cable subscribers was recently estimated by the Commission
    to be 65.4 million in June 2005; *see* *Annual Assessment of the
    Status of Competition in the Market for the Delivery of Video
    Programming, Eleventh Annual Report,* 20 FCC Rcd 2755, 2507 ¶ 10
    (2006) ("*2006 Cable Competition Report*"). However, because the
    Commission has not issued a public notice subsequent to the *2001
    Subscriber Count PN,* we propose to rely on the subscriber count
    threshold established by the *2001 Subscriber Count PN*.

[^288]: 47 C.F.R. § 76.901(f).

[^289]: The Commission does receive such information on a case-by-case
    basis if a cable operator appeals a local franchise authority's
    finding that the operator does not qualify as a small cable operator
    pursuant to § 76.901(f) of the Commission's rules. *See* 47 U.S.C. §
    573.

[^290]: 13 C.F.R. § 121.201, NAICS code 517510.

[^291]: *Id.*

[^292]: *2006 Cable Competition Report*, 20 FCC Rcd 2538-38 ¶ 70.

[^293]: DirecTV is the largest DBS operator and the second largest MVPD,
    serving an estimated 14.67 million subscribers nationwide, as of
    June 2005; *see* *2006 Cable Competition Report*, 20 FCC Rcd at 2540
    ¶ 73.

[^294]: EchoStar, which provides service under the brand name Dish
    Network, is the second largest DBS operator and the third largest
    MVPD, serving an estimated 11.45 million subscribers nationwide, as
    of June 2005. *Id*.

[^295]: Dominion, which provides service under the brand name Sky Angel,
    serves fewer than one million subscribers. *Id*.

[^296]: 13 C.F.R. § 121.201, NAICS code 517510.

[^297]: *See 2006 Cable Competition Report*, 20 FCC Rcd 2564-65 ¶ 130.

[^298]: *See id.*

[^299]: 13 C.F.F. § 121.201, NAICS code 517510.

[^300]: *See 2006 Cable Competition Report*, 20 FCC Rcd 2544 ¶ 80.

[^301]: MDS, also known as Multichannel Multipoint Distribution Service
    ("MMDS"), is regulated by Part 21 of the Commission's rules; *see*
    47 C.F.R. Part 21, subpart K; and has been renamed the Broadband
    Radio Service (BRS); *see* Amendment of Parts 1, 21, 73, 74 and 101
    of the Commission's Rules to Facilitate the Provision of Fixed and
    Mobile Broadband Access, Educational and Other Advanced Services in
    the 2150-2162 and 2500-2690 MHz Bands; Part 1 of the Commission\'s
    Rules - Further Competitive Bidding Procedures; Amendment of Parts
    21 and 74 to Enable Multipoint Distribution Service and the
    Instructional Television Fixed Service Amendment of Parts 21 and 74
    to Engage in Fixed Two-Way Transmissions; Amendment of Parts 21 and
    74 of the Commission\'s Rules With Regard to Licensing in the
    Multipoint Distribution Service and in the Instructional Television
    Fixed Service for the Gulf of Mexico; 19 FCC Rcd 14165 (2004)
    ("*MDS/ITFS Order"*).

[^302]: ITFS systems are regulated by Part 74 of the Commission's rules;
    *see* 47 C.F.R. Part 74, subpart I. ITFS, an educational service,
    has been renamed the Educational Broadband Service (EBS); *see*
    *MDS/ITFS Order*, 19 FCC Rcd 14165. ITFS licensees, however, are
    permitted to lease spectrum for MDS operation.

[^303]: *See 2006 Cable Competition Report*, 20 FCC Rcd 2565 ¶ 131.

[^304]: *Id*.

[^305]: *See* Local Multipoint Distribution Service, 12 FCC Rcd 12545
    (1997) ("*LMDS Order*").

[^306]: 13 C.F.R. § 121.201, NAICS code 517510.

[^307]: MDS Auction No. 6 began on November 13, 1995, and closed on
    March 28, 1996. (67 bidders won 493 licenses.)

[^308]: 47 C.F.R. § 21.961(b)(1).

[^309]: *See ITFS* *Order*, 10 FCC Rcd at 9589.

[^310]: 47 U.S.C. § 309(j). Hundreds of stations were licensed to
    incumbent MDS licensees prior to implementation of Section 309(j) of
    the Communications Act of 1934, 47 U.S.C. § 309(j). For these
    pre-auction licenses, the applicable standard is SBA's small
    business size standards for "other telecommunications" (annual
    receipts of \$12.5 million or less). *See* 13 C.F.R. § 121.201,
    NAICS code 517910.

[^311]: In addition, the term "small entity" under SBREFA applies to
    small organizations (nonprofits) and to small governmental
    jurisdictions (cities, counties, towns, townships, villages, school
    districts, and special districts with populations of less than
    50,000). 5 U.S.C. §§ 601(4)-(6). We do not collect annual revenue
    data on ITFS licensees.

[^312]: The Commission has held two LMDS auctions: Auction 17 and
    Auction 23. Auction No. 17, the first LMDS auction, began on
    February 18, 1998, and closed on March 25, 1998. (104 bidders won
    864 licenses.) Auction No. 23, the LMDS re-auction, began on April
    27, 1999, and closed on May 12, 1999. (40 bidders won 161 licenses.)

[^313]: *See LMDS* *Order,* 12 FCC Rcd at 12545.

[^314]: *Id.*

[^315]: *See* Letter to Daniel Phythyon, Chief, Wireless
    Telecommunications Bureau (FCC) from A. Alvarez, Administrator, SBA
    (January 6, 1998).

[^316]: 47 U.S.C. § 571(a)(3)-(4). *See* *2006 Cable Competition
    Report*, 20 FCC Rcd 2549 ¶ 88.

[^317]: *See* 47 U.S.C. § 573.

[^318]: 13 C.F.R. § 121.201, NAICS code 517510.

[^319]: *See 2006 Cable Competition Report*, 20 FCC Rcd 2549 ¶ 88. BSPs
    are newer firms that are building state-of-the-art, facilities-based
    networks to provide video, voice, and data services over a single
    network.

[^320]: *See id*. at 2507 ¶ 14.

[^321]: *See 2006 Cable Competition Report*, 20 FCC Rcd 2549 ¶ 89.
    WideOpenWest is the second largest BSP and 16th largest MVPD, with
    cable systems serving about 292,000 subscribers as of June 2005. The
    third largest BSP is Knology, which currently serves approximately
    170,800 subscribers as of June 2005. *Id*.

[^322]: NAICS code 334220.

[^323]: *Id*.

[^324]: The number of "establishments" is a less helpful indicator of
    small business prevalence in this context than would be the number
    of "firms" or "companies," because the latter take into account the
    concept of common ownership or control. Any single physical
    locations for an entity is an establishment, even though that
    location may be owned by a different establishment. Thus, the
    numbers given may reflect inflated numbers of businesses in this
    category, including the numbers of small businesses.

[^325]: U.S. Census Bureau, 2002 Economic Census, Industry Series:
    Manufacturing, "Industry Statistics by Employment Size," Table 4,
    NAICS code 334220 (issued May 2005).

[^326]: Congress established February 17, 2009 as the hard deadline for
    the end of analog transmissions by full-power television broadcast
    stations. 47 U.S.C. § 309(j)(14)(A). Congress has directed the
    Commission to "take such actions as are necessary (1) to terminate
    all licenses for full-power television stations in the analog
    television service, and to require the cessation of broadcasting by
    full-power stations in the analog television service, by February
    18, 2009; and (2) to require by February 18, 2009, ... all
    broadcasting by full-power stations in the digital television
    service, occur only on channels between channels 2 and 36,
    inclusive, or 38 and 51, inclusive (between frequencies 54 and 698
    megahertz, inclusive)." 47 U.S.C.A. § 309 Note. *See supra* note 1
    of Notice.

[^327]: *See supra* section V.D. of Notice.

[^328]: *See supra* section V.C. of Notice.

[^329]: *See supra* section V., ¶ 35 of the Notice.

[^330]: *See supra* section V.G.2. of the Notice. PSIP data is
    transmitted along with a station's DTV signal and provides DTV
    receivers with information about the station and what is being
    broadcast. *See* id.

[^331]: To request various opportunities for regulatory flexibility,
    stations would have to file applications with the Commission. *See*,
    *e.g.*, section VI.B. of the Notice (listing proposed information
    collections contained in the Notice).

[^332]: 47 U.S.C. §§ 309(j)(14).

[^333]: *See* 47 C.F.R. §§ 73.1690(b), 73.3533(a), 73.3538.

[^334]: *See* 47 C.F.R. §§ 73.1690(b), 73.3533(a), 73.3538.

[^335]: *See supra* section V.D. of the Notice.

[^336]: *See id*.

[^337]: *See supra* section V.D. of the Notice (discussing proposal for
    expedited processing).

[^338]: *See supra* section V.E. of the Notice.

[^339]: *See supra* section V.F. of the Notice.

[^340]: *See supra* section V.C. of the Notice.

[^341]: *See supra* section V.C.1. of the Notice.

[^342]: *See supra* section V.C.2. of the Notice.

[^343]: *See supra* section V.C.3. of the Notice.

[^344]: *See supra* section V.C.4. of the Notice.

[^345]: *See* proposed rule 47 C.F.R. § 73.624(d) in Appendix A,
    *supra*, of the Notice. *See also supra* section V.C.4. of the
    Notice.

[^346]: *See* proposed rule 47 C.F.R. § 73.624(d) (proposing to
    eliminate paragraph (d)(3)(ii)(B)) in Appendix A. The proposed rule
    would continue to allow extension requests based on stations\'
    inability to construct because of delays in obtaining zoning or FAA
    approvals, or similar constraints. 47 C.F.R. § 73.624(d) (3)(ii)(A).

[^347]: See proposed rule 47 C.F.R. § 73.624(d) (proposing to revise
    paragraph (d)(3)(ii)(C)) in Appendix A.

[^348]: *See supra* section V.C.4. of the Notice.

[^349]: 47 C.F.R. § 73.624(d). *See* OMB Control No. 3060-1001.

[^350]: *See* proposed rule 47 C.F.R. § 73.3598 in Appendix A, *supra*.
    *See also supra* section V.C.4. of the Notice.

[^351]: 47 C.F.R. § 73.3598(c), (d). A station must notify the
    Commission as promptly as possible and, in any event, within 30
    days, of the act of God that has blocked construction, or the
    initiation of a relevant administrative or judicial review. This
    notification procedure, which replaced the use of FCC Form 307, was
    established in the *1998 Streamlining Order*, 13 FCC Rcd at 23091 ¶
    86.

[^352]: *See supra* section V., ¶ 35 of the Notice.

[^353]: *See supra* section V.G.2. of the Notice. *See also* proposed
    rule 47 C.F.R. § 73.682(d) in Appendix A, *supra*.

[^354]: *Id*.

[^355]: *See supra* section V.G.2. of the Notice.

[^356]: 5 U.S.C. § 603(c)(1)-(c)(4)

[^357]: *See supra* IRFA ¶ 27.

[^358]: *See*, *e.g.*, *supra* section V.C.6. of the Notice.

[^359]: *See supra* section V.C.4. of the Notice.

[^360]: *See id*.

[^361]: *See supra* section V.C.5. of the Notice.

[^362]: *See supra* section V.C.6. of the Notice.

[^363]: *See supra* section V.C.6. of the Notice.

[^364]: *See supra* section V.A. of the Notice.

[^365]: *See supra* section V.B. of the Notice.

[^366]: *See supra* section V.G.2. of the Notice.