**Before the**

Federal Communications Commission

Washington, D.C. 20554

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| In the Matter of                 | * | MB Docket No. 07-91          |
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report and order

**Adopted: December 22, 2007 Released: December 31, 2007**

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 3

III\. BACKGROUND 4

A. DTV Transition 5

B. DTV Construction Deadlines 12

IV\. Progress Report 15

A. DTV Operations 16

B. Consumer Capability to Receive DTV Signals 19

V. FINAL DTV TRANSITION RULES 28

A. Broadcasters' Transition Status 31

1\. Transition Status Reports (Form 387) Adopted 34

2\. Stations Identified as Ready to Commence Post-Transition Operations
36

B. Construction Deadlines for Full, Authorized DTV Facilities 37

1\. Stations Whose Post-Transition Channel is Different From Their
Pre-Transition DTV Channel 42

2\. Stations Whose Post-Transition Channel is the Same as Their
Pre-Transition DTV Channel 47

3\. Stations Facing Unique Technical Challenges 53

4\. Other Situations 55

5\. Extension/Waiver of DTV Construction Deadlines 61

6\. Sanctions for Failure to Meet Construction Deadlines 85

7\. Phased Transition Provisions for Regulatory Relief 88

a\. Temporary Use of In-core Pre-Transition DTV Channels 92

b\. Alternative Buildout to Maintain Existing Service 94

C. Service Disruptions Necessitated by Construction of Post-Transition
Facilities 98

1\. Temporary Service Disruptions 100

2\. Analog Service Reduction and Termination 107

3\. Pre-Transition Digital Service Reduction and Termination 118

a\. Termination of Digital Service on Pre-Transition Channel When
Associated with Early Digital Operation on Post-Transition Channel 121

b\. Termination of Digital Service on Pre-Transition Channel When
Associated with Flash-cut 124

4\. Service Reductions or Terminations 90 Days Before the Transition
Date 133

D. Applications to Construct or Modify DTV Facilities 135

1\. Expedited Processing 140

2\. Program tests/License to Cover CP 147

E. Expanding Facilities 148

F. Post-Transition Interference Standards and Analysis Methodology 155

G. Coordination with Cable Operators, Satellite Systems, and Other MVPD
Providers 170

1\. Transition Status Filings 171

2\. Cable Coordination 173

a\. Timing of Transition 173

b\. Signal Quality Standard 174

3\. DBS Coordination 175

4\. Private Cable Operators and Master Antenna System Providers 176

H. Other Issues 179

1\. DTV Transmission Standard (ATSC A/53) 179

2\. Active Format Description (AFD) 183

3\. Program System and Information Protocol ("PSIP") Standard 185

4\. Fees for Ancillary and Supplementary Services 195

5\. Station Identification 199

VI\. PROCEDURAL MATTERS 204

A. Final Regulatory Flexibility Analysis 204

B. Final Paperwork Reduction Act Analysis 205

C. Congressional Review Act 208

D. Additional Information 209

VII.ORDERING CLAUSES 210

APPENDICES

Appendix A -- List of Commenters

Appendix B -- Rule Changes

Appendix C -- Form Changes

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

Appendix E -- Final Regulatory Flexibility Act Analysis

Appendix F -- Stations Granted Extension Requests

# introduction

1.  Congress has mandated that after February 17, 2009, full-power
    television broadcast stations must transmit only digital signals and
    may no longer transmit analog signals.[^1] With this Report and
    Order in our third periodic review, we resolve issues necessary to
    complete the conversion of the nation's broadcast television system
    from analog to digital television ("DTV"). 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.[^2] In the Notice of Proposed
    Rulemaking in this third periodic review ("*Third DTV Periodic
    Review NPRM*"), we sought comment on several issues necessary to
    ensure that broadcasters meet the statutory transition deadline and
    complete construction of their final, post-transition (digital)
    facilities.[^3] We received 125 comments, 22 reply comments, and
    numerous *ex parte* filings in response to the *Third DTV Periodic
    Review NPRM*.[^4]

2.  With the DTV transition deadline less than 14 months away, our focus
    is now on overseeing broadcasters' construction of facilities that
    will reach viewers in their authorized service areas by the time
    they must cease broadcasting in analog. Specifically, this Report
    and Order adopts rules to ensure that broadcasters meet their
    statutory responsibilities and can begin operations on their final,
    post-transition (digital) channels upon expiration of the February
    17, 2009 transition deadline. We want to ensure that no consumers
    are left behind in the DTV transition. We recognize that the
    transition is a complex undertaking presenting many challenges to
    the broadcast industry and that some disruption of television
    service may be unavoidable leading up to the analog turn-off.
    Therefore, we adopt rules to offer broadcasters regulatory
    flexibility, while at the same time requiring broadcasters to
    maintain the best possible television service to the public and meet
    viewers' over-the-air reception expectations after the transition
    date.

# Executive summary

3.  In this Report and Order in our third periodic review, we (1)
    provide a progress report on the transition; (2) describe the status
    and readiness of stations to complete their transition; (3) adopt
    procedures and rule changes necessary to ensure that broadcasters
    meet the statutory transition deadline and complete construction of
    their final, post-transition facilities while maintaining the best
    possible television service to their viewers; and (4) address other
    issues related to the transition. Stations face many challenges in
    order to be ready to make their transition by the February 17, 2009
    statutory transition deadline. Stations must focus their full
    attention on constructing their final digital facilities before they
    must cease analog operations. In this Report and Order, we take the
    following actions to facilitate the completion of the transition for
    full-power television stations:[^5]

-   We establish February 17, 2009 as the construction deadline for
    stations building digital facilities based on a new channel
    allotment in the post-transition DTV Table of Allotments ("DTV
    Table") and accompanying Appendix B ("DTV Table Appendix B")[^6],
    i.e., stations that will be returning to their analog channel or
    moving to a new digital channel for post-transition operations.
    These stations will not be required to construct a digital facility
    on their pre-transition DTV channel and will be permitted to forego
    further construction to the extent such a facility has been
    partially built. \[Section V.B.1., *infra*, and revised Rule 47
    C.F.R. § 73.624(d)(1)(vii) in Appendix B.\]

-   We establish May 18, 2008 as the construction deadline for stations
    that will use their pre-transition DTV channel for post-transition
    operations and already have a construction permit that matches their
    post-transition (DTV Table Appendix B) facilities. \[Section V.B.2.,
    *infra,* and revised Rule 47 C.F.R. § 73.624(d)(1)(v) in Appendix
    B.\]

-   We establish August 18, 2008 as the construction deadline for
    stations that will use their pre-transition DTV channel for
    post-transition operations, but which do not have a construction
    permit that matches their post-transition (DTV Table Appendix B)
    facilities. \[Section V.B.2., *infra,* and revised Rule 47 C.F.R. §
    73.624(d)(1)(vi) in Appendix B.\]

-   We establish February 17, 2009 as the construction deadline for
    stations demonstrating that a unique technical challenge, such as
    the need to reposition a side-mounted antenna, prevents them from
    completing construction of their final DTV facilities. \[Section
    V.B.3., *infra*, and revised Rule 47 C.F.R. § 73.624(d)(1)(vii) in
    Appendix B.\]

-   We establish stricter standards for granting extensions of time to
    construct digital facilities for all construction deadlines on or
    before February 17, 2009. In addition, for construction deadlines
    occurring February 18, 2009 or later, we will consider such requests
    under the tolling standard set forth in Section 73.3598(b) of the
    rules. We adopt our revised FCC Form 337, as proposed. \[Section
    V.B.5., *infra*, revised Rule 47 C.F.R. § 73.624(d)(3) in Appendix B
    and changes to FCC Form 337 in Appendix C.\]

-   We adopt FCC Form 387 and require all full-power television stations
    to file it by February 18, 2008, detailing their current transition
    status, additional steps necessary for digital-only operation upon
    expiration of the February 17, 2009 transition deadline, and a
    timeline for making those steps. Stations must update the form as
    events warrant and by October 20, 2008 if they have not completed
    construction. \[Section V.A.1., *infra*, and changes to FCC Form 387
    in Appendix C.\]

-   We will permit stations that are moving to a different DTV channel
    for post-transition operations to temporarily remain on their
    pre-transition DTV channel while they complete construction of their
    final digital facilities, provided: (1) They build facilities that
    serve at least the same population that receives their current
    analog TV and DTV service so that over-the-air viewers will not lose
    TV service; and (2) They do not cause impermissible interference to
    other stations or prevent other stations from making their
    transition. \[Section V.B.7., *infra*.\]

-   We will permit stations to operate their post-transition facilities,
    pursuant to special temporary authority ("STA"), at less than their
    full, authorized facilities, provided: (1) They demonstrate a unique
    technical challenge (as defined in Section V.B.5., *infra*) and they
    can serve at least 85 percent of the same population that receives
    their current analog TV and DTV service; or (2) A significant
    technical impediment to the construction of their full, authorized
    facilities that would not otherwise qualify for an extension of time
    to construct facilities under the new, stricter standard adopted
    herein and they serve at least 100 percent of the same population
    that receives their current analog TV and DTV service so that
    over-the-air viewers will not lose TV service. In addition, stations
    must demonstrate that they do not cause impermissible interference
    to other stations or prevent other stations from making their
    transition. Finally, stations that cannot serve at least 100 percent
    of the same population that receives their current analog TV and DTV
    service must comply with a viewer notification requirement.
    \[Section V.B.7., *infra*.\]

-   We clarify that, under existing rules, a station may temporarily
    reduce or cease service on their pre-transition analog or digital
    channel for a period of 30 days or less, upon notification to the
    Commission and without prior approval, when necessary to complete
    construction of the post-transition digital facility. \[Section
    V.C.1., *infra* and revised Rule 47 C.F.R. § 73.1615.\]

-   We will provide stations with the flexibility to permanently reduce
    or terminate their analog or pre-transition digital service before
    the transition date, provided the station satisfies the following
    two requirements: (1) The station demonstrates that its service
    reduction or termination is directly related to the construction and
    operation of its, or another station's, post-transition facilities;
    and (2) The station notifies viewers on its pre-transition
    channel(s) about the planned service reduction or termination and
    informs them about how they can continue to receive the station.
    \[Section V.C.2-3., *infra*.\]

-   To provide additional flexibility within 90 days of the February 17,
    2009 transition date (*i.e.*, beginning on or after November 19,
    2008), we will allow stations to permanently reduce or terminate
    their analog or pre-transition digital service without prior
    approval upon notification to the Commission 30 days prior to the
    planned permanent service reduction or termination. The station must
    still comply with a viewer notification requirement. \[Section
    V.C.4., *infra*.\]

-   We will permit stations that are moving to a different DTV channel
    for post-transition operations to cease operations on their
    pre-transition digital channels and begin operating on their new
    channels before the transition date, provided: (1) The early
    transitioning stations will not cause impermissible interference to
    another station; and (2) The early transitioning stations continue
    to serve their existing viewers for the remainder of the transition
    and commence their full, authorized post-transition operations upon
    expiration of the February 17, 2009 transition deadline. \[Section
    V.C.3.a., *infra*.\]

-   We will offer expedited processing of stations' applications to
    build their post-transition facilities, provided that their
    application: (1) does not seek to expand the station's facilities
    beyond its final DTV Table Appendix B facilities; (2) specifies
    facilities that are no more than five percent smaller than those
    specified in the post-transition DTV Table Appendix B (with respect
    to predicted population); and (3) is filed within 45 days of the
    effective date of this Report and Order. We adopt our revised FCC
    Forms 301 and 340, as proposed. \[Section V.D., *infra* and changes
    to FCC Forms 301 and 340 in Appendix C.\]

-   We announce our intent to lift the freeze on the filing of
    maximization applications on August 17, 2008, the date by which we
    expect to have completed processing stations' applications to build
    their post-transition facilities. Until this date, we will maintain
    our freeze and will not accept maximization applications to expand
    facilities. \[Section V.E., *infra*.\]

-   We adopt a waiver policy that will permit rapid approval of minor
    (*i.e*., not exceeding 5 miles) expansion applications filed by
    stations that will not use their pre-transition DTV channel for
    post-transition operation. This policy will allow added flexibility
    for stations that wish to use their existing analog channel antenna,
    which provides benefits for the successful completion of the
    transition by reducing the demands on equipment suppliers and
    installation crews during a critical time as the transition date
    nears. \[Section V.E., *infra*.\]

-   We adopt a 0.5 percent new interference standard (*i.e*., only
    considering interference in addition to that contained in the
    post-transition DTV Table Appendix B) to apply to applications for
    post-transition facilities and also to future maximization
    applications and applications to implement new allotments. \[Section
    V.F., *infra* and Rule 47 C.F.R. § 73.616 in Appendix B.\]

-   We update the Commission's rules to reflect the latest revisions to
    the ATSC standards concerning DTV transmission and PSIP. \[Sections
    V.H.1-3., *infra* and Rule 47 C.F.R. § 73.682(d) in Appendix B.\]

-   We revise Section 73.624(g) to require DTV stations that are
    permittees operating pursuant to an STA or any other FCC instrument
    authorizing DTV transmissions 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. \[Sections V.H.4.,
    *infra*, Rule 47 C.F.R. § 73.624(g) in Appendix B, and changes to
    FCC Form 317 in Appendix C.\]

-   We clarify our station identification requirements for digital
    stations in situations where one of a station's multicast streams is
    being used to air programming provided by another broadcast station,
    such as a low power station, or another programming source.
    \[Section V.H.5., *infra*.\]

-   We discuss MVPDs' obligations with respect to carriage of digital
    stations after the transition. \[Section V.G., *infra*.\]

# BACKGROUND

4.  Congress specifically requires the Commission to periodically
    evaluate the progress of the nation's transition to DTV.[^7] The
    Commission initiated this third DTV periodic review in April
    2007.[^8] The previous two DTV periodic reviews began in March
    2000[^9] and January 2003,[^10] respectively. In addition to these
    periodic reviews, the Commission conducts the ongoing DTV
    proceeding, in which we recently established the DTV Table of
    Allotments for stations' post-transition operations
    ("post-transition DTV Table").[^11]

## DTV Transition

5.  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.[^12] The DTV Act does not provide for
    waivers or extensions of this deadline for cessation of analog
    broadcasts.[^13] 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.[^14] All full-power TV broadcast stations
    must be operating inside the core TV spectrum and only in digital at
    the end of the transition on February 17, 2009.[^15]

6.  In April 2007, the Commission initiated this third periodic review
    of the nation's conversion from analog to DTV broadcasting.[^16] The
    Commission sought comment on a range of proposals intended to ensure
    that broadcasters meet their statutory responsibilities and can
    begin operations on their final, post-transition (digital) channels
    upon expiration of the February 17, 2009 transition deadline. The
    Commission made a number of proposals regarding the procedures and
    standards applicants must follow in filing applications for
    facilities specified in the final, post-transition DTV Table of
    Allotments ("DTV Table").[^17]

7.  [Development of DTV Table]{.underline}. In the 2004 *Second DTV
    Periodic Report and Order*, the Commission 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).[^18] At the start of this process, licensees
    proposed their post-transition facilities.[^19] After each channel
    election round, the Commission announced proposed post-transition
    channels -- called tentative channel designations ("TCDs"). In order
    to facilitate the development of a final, post-transition DTV Table,
    the Media Bureau announced a freeze on the filing of certain
    requests for allotment or service area changes.[^20] The Commission
    has maintained the filing freeze to ensure that each station has an
    opportunity to apply for and construct its authorized facility.[^21]

8.  The channel election process culminated in the adoption of the
    post-transition DTV Table in the August 2007, *Seventh Report and
    Order*.[^22] The post-transition DTV Table provides eligible
    stations channels for post-transition operations inside the core TV
    spectrum and is the result of informed decisions made by eligible
    licensees during the Commission's channel election process, 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.[^23] The
    post-transition DTV Table will ultimately replace the current
    (pre-transition) DTV Table at the end of the transition; however, we
    note that, in certain defined circumstances, stations may be
    permitted to temporarily remain on their pre-transition DTV channel
    after the transition date.[^24]

9.  Approximately 123 Petitions for Reconsideration of the *Seventh
    Report and Order* were filed by October 26, 2007, the close of the
    pleading cycle, representing approximately 200 stations, most of
    them requesting changes to their Appendix B facilities to
    accommodate their preference to use their existing analog antenna
    when they return to their analog channel for post-transition digital
    operation.[^25] In addition, we have received several Petitions for
    Reconsideration filed after the 30-day statutory deadline.[^26]
    Moreover, we recognize that not all stations that may want to revise
    their Appendix B facilities to assure that they will be permitted to
    continue serving their analog viewers with their post-transition
    digital facility have filed Petitions for Reconsideration, and that
    not all of those stations that have failed to file petitions can be,
    alternatively, fully addressed through the application process
    adopted in this Report and Order.[^27] Therefore, in light of the
    urgent need to finalize post-transition facilities so that all full
    power stations can complete the transition by February 17, 2009, we
    delegate to the Media Bureau the authority to amend the DTV Table of
    Allotments and Appendix B to the DTV Table of Allotments as needed
    up to the full power transition deadline. Such proceedings at the
    Bureau level may be expedited as necessary, including being
    conducted without notice and comment where good cause is found
    because the requested change does not adversely affect any other
    station's post-transition operations.[^28]

10. [Reclamation of the 700 MHz Bands]{.underline}. As a result of the
    DTV transition, 108 megahertz of spectrum in the 700 MHz Band (TV
    Channels 52-69) will be made available for critically important
    public safety needs and new wireless services. In passing the DTV
    Act,[^29] Congress directed the Commission to commence the auction
    of recovered analog broadcast spectrum no later than January 28,
    2008, and deposit the proceeds of the auction in the Digital
    Television Transition and Public Safety Fund no later than June 30,
    2008.[^30] Accordingly, in April 2007, we made changes to the 700
    MHz band plan to enable public safety entities to use wireless
    broadband technology and prepare for the auction of the remaining
    spectrum in that band.[^31] Furthermore, in July 2007, we
    specifically redesignated 10 megahertz of public safety 700 MHz
    spectrum (763-768/793-798 MHz) for the purpose of establishing a
    nationwide, interoperable broadband public safety communications
    network.[^32] The Wireless Telecommunications Bureau has scheduled
    the auction of the remaining commercial spectrum of the 700 MHz Band
    on January 24, 2008.[^33]

11. Prior to the DTV Act, the Commission reallocated the 700 MHz Band in
    separate proceedings, first for the 60 megahertz covering TV
    Channels 60-69 ("Upper 700 MHz Band")[^34] and then for the 48
    megahertz covering TV Channels 52-59 ("Lower 700 MHz Band").[^35] In
    the Balanced Budget Act of 1997 ("Balanced Budget Act"),[^36]
    Congress specifically directed that the allocation of the Upper 700
    MHz Band include 24 megahertz of spectrum for public safety and 36
    megahertz for commercial services. Accordingly, the Commission
    divided the Upper 700 MHz Band to include a 24-megahertz allocation
    for public safety use,[^37] and a 36-megahertz allocation for
    commercial use, of which 6 megahertz comprised the Guard Bands
    spectrum.[^38] With regard to the Lower 700 MHz Band, Congress also
    directed that the Commission "reclaim and organize" spectrum beyond
    that in the Upper 700 MHz Band, "in a manner consistent with the
    objectives" of Section 309(j)(3) of the Act.[^39] While Congress did
    not direct the amount of spectrum to be reclaimed, the Commission
    determined that all broadcasters using digital transmission systems
    could be accommodated in the core TV spectrum (*i.e.*, TV Channels
    2-51). As a result, the 48 megahertz of spectrum in the Lower 700
    MHz Band (698-746 MHz) would become available for new services
    through competitive bidding.[^40]

## DTV Construction Deadlines

12. In 1997, the Commission adopted a DTV construction schedule that
    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.[^41] In the 2004 *Second DTV Periodic Report and
    Order*, 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.[^42] 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 were to 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 were to remain on their current DTV channel
    after the transition. If they were to move to another channel
    post-transition, they were required to serve at least 80 percent of
    their replication service population by July 1, 2006.[^43] 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.[^44] 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.[^45] Approximately 80 percent of the stations in each of
    these categories met their respective deadlines.[^46]

13. In the *Second DTV Periodic Report and Order*, the Commission also
    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.[^47]

14. In 2007, the Commission in the *Construction Deadline Extension
    Order* and the *Use or Lose Order* 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).[^48] In the *Construction Deadline Extension Order*, the
    Commission considered 145 requests for an extension of time to
    construct a DTV facility.[^49] 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 until
    November 18, 2007,[^50] in which to complete construction.[^51] 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.[^52] In the *Use or Lose Order*, the
    Commission considered 192 requests for waiver of the "use or lose"
    deadlines.[^53] 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 until
    November 18, 2007, to meet the "use or lose" deadline.[^54] 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.[^55] 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.[^56] Those stations that have a construction
    permit for which the original time to complete construction has not
    yet expired or that had their original construction permit extended
    to a date that has not yet expired were not addressed in the
    *Construction Deadline Extension Order* or *Use-or-Lose Order*.
    These stations were directed to continue to follow existing rules
    and procedures (*i.e.*, continue to build their current DTV
    construction permit and, if that construction permit will expire
    before they can complete construction, file a request to obtain
    Commission approval for extension of the construction permit).[^57]

# Progress Report

15. 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
    transition to DTV by adopting a standard for digital broadcasting,
    creating an initial and post-transition 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.[^58] This will enable the recovery of a total of
    108 MHz of spectrum (*i.e.*, TV channels 52-69)[^59] for critically
    important public safety needs and new wireless services.[^60]

## DTV Operations

16. As of December 17, 2007, 1,706 television stations in all markets
    (representing approximately 99 percent of all stations) have been
    granted a DTV construction permit ("CP") or license. A total of
    1,635 stations are now broadcasting a digital signal. Of these,
    1,396 stations have authorized licensed facilities or program test
    authority and 239 stations are operating pursuant to STA or
    experimental DTV authority. [^61]

17. In the top 30 television markets, all 119 top-four
    network-affiliated television stations are on the air in digital;
    113 are licensed DTV facilities or program test authority and six
    have 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 79 top-four
    network affiliated stations are providing DTV service, 75 with
    licensed DTV facilities and four with STAs.[^62]

18. Approximately 1,230 commercial television stations were due to
    commence digital broadcasts by May 1, 2002. As of December 17, 2007,
    1,157 of these stations (94 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
    December 17, 2007, 359 (96 percent) of these stations are
    broadcasting a digital signal.[^63]

## Consumer Capability to Receive DTV Signals 

19. [Over-the-Air Viewer Reception]{.underline}. As of January 1, 2007,
    Nielsen estimates that 36.6 million people or 13 percent of people
    in the United States relied only on over-the-air television.[^64] In
    addition Nielsen estimates that 15.2 million households, or 14
    percent of television households, watched television via an
    over-the--air signal only.[^65] Nielsen predicts that by January 1,
    2008, fewer people,specifically 33.6 million, or 12 percent of
    people in the United States, will watch television via an
    over-the--air signal only.[^66] In terms of households, Nielsen
    estimates much fewer, 13 percent of all television households, or
    14.3 million households, will be over-the-air only.[^67]

20. 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.[^68] 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.[^69]
    CEA estimates that total digital display unit sales will increase by
    30 percent in 2007, as compared to 2006. Sales of high-definition
    television sets are expected to increase to 20.7 million in 2007, a
    significant increase from 17.3 million sold the previous year.[^70]

21. 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 required that all television receiver
    equipment (*e.g.*, TV sets (all sizes), VCRs, digital video
    recorders, and any other TV receiving devices) 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 by March 1, 2007.[^71]

22. In another consumer protection effort, the Commission adopted an
    order in April 2007, to require that, as of May 25, 2007, retailers
    that continue to sell analog-only television equipment provide
    consumers with information regarding the February 17, 2009
    transition date at the point of sale of DTV television receiving
    equipment.[^72] Specifically, the Commission now requires sellers of
    television receiving equipment that does not include a digital tuner
    to disclose at the point-of-sale that such devices include only an
    analog tuner and, therefore, will require a converter box to receive
    over-the-air broadcast television after the February 17, 2009
    transition date.[^73] As we noted in this order, consumers expect
    that DTV television receiving equipment for sale today that is
    capable of receiving television is and will continue to be able to
    receive over-the-air broadcast signals, and, if not, then such
    material information should be disclosed prior to purchase. The
    successful completion of the DTV transition depends upon
    satisfaction of this basic consumer expectation.[^74]

23. We also note that 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.[^75] 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. Congress directed the National Telecommunications
    and Information Administration ("NTIA") of the U.S. Department of
    Commerce to administer this subsidy program.[^76] In March 2007,
    NTIA issued final rules to implement the program, which subsidizes
    the purchase of D-to-A converter boxes.[^77] The Commission is
    working with NTIA to test the D-to-A converters for eligibility to
    be certified for the coupon program.

24. The Commission has also taken action to ensure that all cable
    subscribers, including those with analog TV sets, can view broadcast
    television after the DTV transition.[^78] Approximately 35 percent
    of all television homes, or approximately 40 million households, are
    analog-only cable subscribers.[^79]

25. In September 2007, the Commission adopted rules ensuring that the 98
    million TV viewers retain the same access to their local stations
    after the transition as they do today.[^80] The rules will require
    cable operators to comply with the statutory viewability
    requirement[^81] by choosing to either: (1) carry digital signals in
    analog format, or (2) for all-digital systems, carry the signals
    only in digital format, provided that all subscribers have the
    necessary equipment to view the broadcast content. The viewability
    requirements will be in force from the date of the transition
    through February 2012 subject to review by the Commission during the
    last year of this period.[^82]

26. The Commission also reaffirmed the existing material degradation
    standard for cable carriage of digital signals, including the
    requirement that cable systems carry high definition ("HD")
    broadcast signals in HD format.[^83] In addition, the Commission has
    taken several actions to increase consumer awareness about the
    impending DTV transition. Successful completion of the DTV
    transition depends upon government and industry working together to
    promote consumer awareness and minimize the burdens borne by
    consumers. In July 2007, the Commission adopted a Notice of Proposed
    Rulemaking for the Commission's Digital Television Consumer
    Education Initiative ("*DTV Consumer Education NPRM*"), which
    requested comment on several proposals relating to consumer
    education about the DTV transition, including considering the best
    means of creating a coordinated, national DTV consumer education
    campaign.[^84] We proposed to require television broadcast licensees
    to conduct on-air consumer education efforts and to require
    "broadcast licensees and permittees to report, every 90 days, their
    consumer education efforts, including the time, frequency, and
    content of public service announcements aired by each station in a
    market, with civil penalties for noncompliance."[^85] It also sought
    comment on proposals about notices in MVPD customer billing
    statements, notices from consumer electronics manufacturers, and
    consumer electronics retailer training and education, among others.

27. In addition, on September 26, 2007, the Commission held the first in
    a series of Commission Digital Television Consumer Education
    Workshops.[^86] These workshops provide an opportunity for all
    interested parties to jointly discuss the challenges associated with
    the upcoming transition and explore ways to develop coordinated
    consumer education activities. The Commission invites organizations
    representing a broad range of consumers and other stakeholders to
    participate, including those who represent senior citizens,
    low-income consumers, non-English speakers, people with
    disabilities, tribes, and public interest organizations working on
    behalf of underserved customers or those living in rural areas.[^87]

# FINAL DTV TRANSITION RULES 

28. By statute, full-power television broadcast stations must cease
    analog operations by 11:59 p.m. on February 17, 2009.[^88]
    Accordingly, our focus is now on overseeing broadcasters'
    construction of facilities that will reach viewers in their
    authorized service areas by the time they must cease broadcasting in
    analog. Specifically, this Report and Order adopts rules to ensure
    that broadcasters meet their statutory responsibilities and can
    begin operations on their final, post-transition (digital) channels
    by the expiration of the transition deadline on February 17, 2009.
    We take seriously our goal to ensure that consumers who have
    diligently prepared for the transition by obtaining the necessary
    DTV receiver equipment are able to, at a minimum, continue to watch
    their existing television programming after the transition date. In
    order to make this transition as smooth as possible for consumers,
    stations must have their digital facilities in place and ready to
    commence operations no later than 12:00 a.m. on February 18, 2009.
    We recognize that the transition is a complex undertaking presenting
    many challenges to the broadcast industry and that some disruption
    of television service may be unavoidable leading up to the analog
    turn-off. Accordingly, we adopt rules, where possible, to offer
    broadcasters some regulatory flexibility. At the same time, however,
    we must still ensure that DTV broadcasters will at least reach the
    audiences that they have been serving with their analog service and
    that, after the transition date, viewers will continue to have
    access to the stations that they are accustomed to receiving over
    the air.

29. Stations are reminded that their authority to operate on a
    pre-transition channel, whether analog or digital, ends on February
    17, 2009. Continued operation of analog or pre-transition digital
    facilities after that date is operation without a license and will
    result in the imposition of sanctions for unauthorized
    operations.[^89] Only stations that have applied for and been
    granted specific authority to remain on a pre-transition digital
    channel may continue operating on that channel.[^90] As noted in the
    *Third DTV Periodic Review NPRM*,[^91] 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 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.

30. We begin by, first, adopting our proposal to gather information
    about each station's transition status and plan to meet the
    deadline. Second, we adopt our proposed deadlines for the
    construction and operation of stations' final digital facilities.
    Third, we adopt our proposed stricter standards for granting
    stations extensions of time to construct digital facilities. Fourth,
    we adopt our proposals to permit qualifying stations to make a
    "phased transition" in an effort to afford regulatory relief without
    undermining the expectations of over-the-air viewers. Fifth, we
    adopt flexible rules allowing stations to reduce and/or terminate
    their analog and pre-transition digital television service before
    the transition deadline if doing so is necessary to achieve their
    transition. Sixth, we adopt our proposal to permit qualifying
    stations to transition early. Seventh, we address the rules,
    procedures and interference standards for stations to file
    applications for construction permits to build their final,
    post-transition facilities and to request authorization to maximize
    their facilities. Finally, we address a variety of other issues
    related to the DTV transition.[^92]

## Broadcasters' Transition Status 

31. Stations are responsible for meeting the statutory deadline for the
    DTV transition. The Commission has no discretion to waive or change
    this transition date.[^93] 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 on their analog
    channel and risk losing their authorizations to operate after the
    transition date.[^94]

32. We have finalized post-transition channel assignments for every
    eligible station.[^95] In the post-transition DTV Table, 1,812
    stations received post-transition DTV channels.[^96] 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. In addition, we have
    proposed post-transition channel assignments for 13 stations that
    became eligible after the channel election process.[^97]

33. The process of transitioning the entire TV broadcast industry to
    digital-only operation on each station's final channels will be
    complex. Accordingly, most stations should have their plans in place
    for 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. Other 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 they must change their
    transmission facilities to operate on their post-transition
    channels.

### Transition Status Reports (Form 387) Adopted 

34. We adopt our proposal in the *Third DTV Periodic Review NPRM*[^98]
    to require all full-power television stations to file a form[^99]
    detailing (1) their current transition status, (2) any additional
    steps needed to commence their full, digital operations, and (3)
    their timeline to meet the February 17, 2009 transition deadline.
    The record supports adoption of this form.[^100] We agree with
    commenters and find that these forms will assist the Commission,
    industry, and the public in assessing progress and making plans for
    the transition date.[^101] We note, however, that these forms are
    not a substitute for active coordination efforts that may be
    necessary between and among broadcasters. Stations' forms will be
    made publicly available on the Commission's website.[^102]

35. We will require stations to file these forms no later than February
    18, 2008.[^103] In addition, stations must update their forms, as
    necessary, until they report the completion of their transition --
    specifically, that they have begun operating their full facility as
    authorized by the post-transition DTV Table Appendix B.[^104] As
    proposed,[^105] each station is responsible for the continuing
    accuracy and completeness of the information furnished in their
    form.[^106] Whenever the information furnished in their form is no
    longer substantially accurate and complete in all significant
    respects, the station must file an updated form as promptly as
    possible and in any event within 30 days to furnish such additional
    or corrected information as is appropriate.[^107] Examples of a
    significant change would include a change in a station's (1)
    transition plans, (2) construction or operational status or (3)
    existing service (*e.g.*, reduction or termination of analog or
    pre-transition digital service). Stations must continue to file
    updates until construction of fully authorized post-transition
    facilities is complete and the station has begun operating its full
    post-transition DTV Table Appendix B facility. Commenters express
    concern that some stations may not be able to set a detailed
    timeline by the due date because some of their transition logistics
    (*e.g.*, details about equipment and tower crews) are beyond their
    control.[^108] We recognize that some stations may need to update
    their forms several times as they progress through their
    transitions. At a minimum, stations that have not completed
    construction of their post-transition facility and applied for a
    license to cover by October 20, 2008, must update their form to
    report their current status as of that date. Stations unable to
    answer questions on the form on the initial filing date must explain
    their reasons for not providing an answer and indicate when they
    expect to update the form to provide an appropriate response. We
    delegate authority to the Media Bureau to follow up with stations
    that do not file or update their forms. We intend to use these forms
    to identify stations that are not communicating their progress and
    may need to contact stations directly to assess and discuss the
    station's transition status. In addition, the Media Bureau will
    prepare a comprehensive summary report of the information provided
    in the Form 387 no later than August 18, 2008 (six months prior to
    the February 17, 2009 transition deadline). This report will enable
    us to assess progress toward completing the transition and to make
    any mid-transition adjustments in time for the February 17, 2009
    deadline.

### Stations Identified as Ready to Commence Post-Transition Operations

36. There are more than 800 stations that have built their
    post-transition facility.[^109] These stations have built and
    licensed or applied to license their full authorized DTV facilities
    as defined in the post-transition DTV Table Appendix B (*i.e.*,
    their post-transition channel is the same as their pre-transition
    DTV channel).[^110] We note that in the *Third DTV Periodic Review
    NPRM,* we listed 752 stations on Appendix D.[^111] In response to
    comments, we have now added approximately 50 stations and removed
    approximately three stations from this list. We have also added
    other stations to this list that we have identified as having become
    ready to make their transition because they have filed for a license
    to cover their post transition (DTV Table Appendix B) facilities
    since the close of the comment cycle in this proceeding. The
    stations listed in Appendix D, however, must still file a transition
    status report, FCC Form 387, to confirm their operational status and
    indicate their timing for terminating their analog service.

## Construction Deadlines for Full, Authorized DTV Facilities

37. We establish the following deadlines for full-power television
    broadcast stations to construct their full, authorized
    post-transition (digital) facilities (as defined in the
    post-transition DTV Table Appendix B):[^112]

-   February 17, 2009 will be the construction deadline for stations
    building digital facilities based on a new channel allotment in the
    post-transition DTV Table, *i.e.*, stations that will be returning
    to their analog channel or moving to a new digital channel for
    post-transition operations. These stations will not be required to
    construct a digital facility on their pre-transition DTV channel and
    will be permitted to forego further construction to the extent such
    a facility has been partially built.

-   February 17, 2009 will also be the construction deadline for
    stations demonstrating that a unique technical challenge, such as
    the need to reposition a side-mounted antenna, prevents them from
    completing construction of their final DTV facilities.

-   May 18, 2008 will be the construction deadline for stations that
    will use their pre-transition DTV channel for post-transition
    operations and already have a construction permit that matches their
    post-transition (DTV Table Appendix B) facilities.

-   August 18, 2008 will be the construction deadline for stations that
    will use their pre-transition DTV channel for post-transition
    operations, but do not have a license or construction permit that
    matches their post-transition (DTV Table Appendix B) facilities.

As discussed in more detail below, we establish particular deadlines and
procedures for stations falling into specific defined circumstances.
Stations using their pre-transition DTV channel for post-transition
operations that do not have a construction permit that matches their
post-transition facilities, should apply now for a new or modified
construction permit. Stations that have a construction permit that has
not yet expired remain subject to that expiration date. For stations
granted "checklist" waivers and denied extensions or "use or lose"
waivers, their deadline will depend upon whether a station's
pre-transition DTV channel is the same or different from its
post-transition channel. Finally, we adopt a stricter standard for
stations to obtain an extension of time to construct their
post-transition facilities,[^113] but offer flexibility to certain
stations if they can build facilities that would serve at least the same
population that served by their current television service and would not
cause impermissible interference to other stations.[^114]

38. Commenters generally disagreed with our proposed deadlines[^115] and
    sought more time to complete construction of their full, authorized
    post-transition facilities.[^116] Many commenters noted that
    Congress did not expressly mandate the date by which broadcasters
    must operate at full, authorized facilities on their post-transition
    channel, only that stations must operate in digital and inside the
    TV core spectrum.[^117] Thus, several commenters argued for
    significant flexibility to achieve their construction deadline, with
    some seeking the discretion to take up to one year, or more, after
    the transition date to complete their full, authorized facilities,
    while stations are providing digital service only to their
    communities of license.[^118] In addition, other commenters argued
    that the Commission should view the final DTV Table Appendix B as
    setting forth the maximum coverage contour in which a station may
    operate, rather than the exact parameters on which they must
    operate.[^119]

39. We find that compliance with our construction deadlines is necessary
    to ensure that consumers are not left behind in the
    transition.[^120] Viewers who have prepared for the DTV transition
    should be able to receive television service when analog
    transmissions cease on February 17, 2009. To achieve this goal, it
    is imperative that all stations finalize construction of their
    post-transition facilities and operate at full, authorized
    facilities by the deadline. Given the February 17, 2009 deadline
    established by Congress for full-power stations to end analog
    service, stations' primary goal must now be to ensure that DTV
    stations will be operating at their full, authorized facilities on
    their final, post-transition channels by that date.[^121]
    Previously, our efforts had been to facilitate the initiation of DTV
    service to the public during the transition.[^122] This approach was
    designed, in part, to accomplish the goal of completing the
    transition by the original December 31, 2006 deadline established by
    Congress, a deadline that could have been extended under several
    circumstances. We recognize, as noted by some commenters,[^123] that
    strict compliance with our DTV construction deadlines would require
    some stations to reduce or terminate their analog service before the
    transition date. In those cases in which the potential impact of the
    loss of service prior to the transition would be more disruptive
    than the effect of reduced coverage area for a limited period of
    time after the transition, we are providing for flexibility.
    However, in other cases, the loss of a station's analog service to
    some viewers pre-transition, will be necessary to enable
    construction of post-transition facilities and can be preferable to
    viewers losing all television service from that station after the
    transition date if DTV facilities are not ready and analog service
    must cease. To ensure that this flexibility serves the public
    interest, we are requiring that stations that choose either
    pre-transition service reduction or post-transition phase-in must
    inform their viewers of what to expect and the options for
    continuing to have service.

40. We reject commenters' arguments that we should provide blanket
    authority for stations to operate at less than full, authorized
    post-transition facilities after the transition date. Commenters
    offered several reasons why they may need more time to build their
    final DTV facilities, which reasons include the following: (1)
    stations may need to make "complicated technical changes" to their
    facilities to achieve their transition (e.g., those returning to
    their analog channel and intending to reuse their analog
    antenna);[^124] (2) there may be a shortage of equipment and
    qualified tower crews needed to implement final DTV
    construction;[^125] (3) winter weather may prevent some stations
    from constructing their final facilities;[^126] or (4) a single
    deadline for many stations may cause delays in the processing of
    needed construction permit applications.[^127] We appreciate these
    specific concerns, but find that giving blanket authority for an
    industry-wide, staggered deadline beyond the transition date would
    leave a significant number of over-the-air viewers without
    television service on and after the transition date, as analog
    service will have ceased, but some stations would not yet have been
    required to complete DTV facilities. Only by requiring that full,
    post-transition facilities are operating on the transition date can
    we ensure a successful DTV transition; namely, the continued
    availability of television service.

41. While we set strict construction deadlines in this Report and Order,
    we also adopt flexible rules and procedures that will address the
    specific concerns raised by commenters, such as those noted above.
    For example, we are affording stations facing unique technical
    challenges, such as the need to reposition their side-mount
    antennas, until the transition date to construct their full,
    authorized post-transition facilities, and we anticipate that many
    of these stations may also qualify for extensions -- even under our
    stricter extension criteria,[^128] as well as for the provisions for
    a "phased transition."[^129] We also expect that these stations will
    benefit from the new flexible rules for service reduction and
    termination in advance of the transition date.[^130] Similarly,
    while we generally will not consider extension requests by stations
    on the basis of weather or a shortage of equipment and qualified
    tower crews, our new extension rules will still allow consideration
    of requests from those stations with demonstrable and genuine
    difficulties because of weather or equipment problems.[^131]
    Furthermore, we expect that many stations will transition early and
    begin operating their final post-transition facilities in advance of
    the deadline and the onset of the winter months.[^132] Finally, we
    adopt rules for the expedited processing of stations'
    post-transition construction permit applications to address
    commenters' concerns about the potential for delays in obtaining the
    necessary Commission authorizations to construct their final DTV
    facilities.[^133] In addition, our processing rules address
    commenters' concerns[^134] that stations may not be able to use
    their existing analog channel antennas because the antenna patterns
    of those antennas may not match the antenna patterns specified for
    them in the post-transition DTV Table Appendix B.[^135] In sum, we
    find that the rules and policies we adopt in this Report and Order
    will ensure that stations have sufficient time to complete
    construction of their final DTV facilities by their respective
    deadlines.

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

42. For stations whose pre-transition DTV channel is different from
    their post-transition channel (*i.e.*, stations returning to their
    analog channel or moving to a new channel for post-transition
    operations), we adopt our proposals in the *Third DTV Periodic
    Review NPRM*[^136] to:

```{=html}
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```
(1) Establish February 17, 2009 as the deadline by which these stations
    must complete their post-transition (DTV Table Appendix B)
    facilities; and

(2) Permit these stations to forego construction of their pre-transition
    DTV channel.

Approximately 634 stations fall into this category.[^137] We find that
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
post-transition DTV Table Appendix B.[^138] We find that stations facing
the challenges associated with moving to a new DTV channel should be
afforded the maximum possible time to complete their post-transition
facilities before analog transmissions must cease. As discussed above,
we disagree with commenters that seek a blanket extension for additional
time beyond the transition date because that would leave a significant
number of viewers without any television service.[^139] However, as
discussed above, we adopt flexible rules and procedures to assist
stations with specific transition challenges and anticipate that those
stations that genuinely need additional time to complete construction of
their final, post-transition facilities may seek an extension of time
pursuant to our revised rules or may avail themselves of our provisions
for a "phased transition."

43. We also find that these stations may terminate further construction
    of their pre-transition DTV channel facilities in order to focus
    their efforts on constructing their permanent DTV facilities on
    their post-transition channel. Our examination of the record
    strongly favors affording stations whose pre-transition DTV channels
    are different from their post-transition channels the flexibility to
    stop construction of their pre-transition DTV channel
    facilities.[^140] We agree with commenters that argue in favor of
    such flexibility and find that requiring stations to build or expand
    facilities that would only be operated until the end of the
    transition -- *i.e.*, for less than 14 months -- potentially could
    undermine the more important public interest objective of ensuring a
    timely transition to digital broadcasting by diverting limited
    resources from the construction of final, post-transition
    facilities. Accordingly, we adopt our proposal to change our "use or
    lose" policy for these stations to allow them to retain interference
    protection to their full, authorized post-transition
    facilities.[^141] We discuss below the options available to these
    stations based on their individual circumstances.

44. We recognize that many of these stations (whose pre-transition DTV
    channels are different from their post-transition channels) 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.
    We do not intend to treat these stations unfairly or reward stations
    that have been less diligent in providing DTV service during the
    transition. We note that many stations that have not built their
    transitional facilities have faced impediments to doing so. In
    addition, most 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 we found they have
    a valid reason for not meeting the applicable deadline. Finally, we
    find that we must permit stations to cease investing time and
    resources in completing pre-transition DTV facilities to ensure that
    stations are focused on finalizing their post-transition facilities
    so that viewers will continue to receive television service when
    analog service ends.

45. [Pre-Transition DTV Channel Unbuilt or Not in
    Operation]{.underline}. We will permit a station that has not
    constructed an operational pre-transition DTV facility to elect
    simply to return its construction permit for that facility to the
    Commission and focus its efforts on construction of its
    post-transition facility.[^142] As stations in this situation are
    not currently providing digital service to the public, we find it is
    appropriate at this stage in the transition to allow these channels
    to be returned. Stations choosing this approach will be able to
    carry over interference protection to their post-transition channel.

46. [Pre-Transition DTV Channel in Operation]{.underline}. We will offer
    a station with an operational DTV facility on a pre-transition
    channel several options that would allow it to carry over
    interference protection to its post-transition channel. First, the
    station may discontinue further construction on its pre-transition
    DTV facility and operate that partially-built facility during the
    remainder of the transition, while it focuses on building its
    permanent DTV facility. A station choosing this option must file an
    application to modify its existing construction permit to match its
    partially-built pre-transition DTV facility.[^143] 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, the station may cease operating its pre-transition
    DTV facility in certain circumstances, which are discussed
    below.[^144] Third, the station may decide to continue construction
    of its pre-transition DTV facility. We do not want to deny a station
    in this third category the opportunity to continue to build its
    pre-transition DTV facility and to provide service on this facility
    for the remainder of the transition; however, we find it is
    appropriate to require that these facilities be completed
    expeditiously. Therefore, we adopt our proposal in the *Third DTV
    Periodic Review NPRM* to require that such a facility be completed
    by the station's current (pre-transition) DTV construction
    deadline.[^145] The station will not be eligible for any further
    extensions to build its pre-transition DTV facility.

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

47. For stations whose post-transition channel is the same as their
    pre-transition DTV channel (*i.e.*, stations remaining on their
    current DTV channel for post-transition operations), we adopt
    construction deadlines based on whether a station has an existing
    license or construction permit that matches its facility defined in
    the post-transition DTV Table Appendix B. Approximately 1,178
    stations fall into this category.[^146]

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(1) May 18, 2008 will be the construction deadline for stations in this
    category that already have a construction permit that matches their
    post-transition (DTV Table Appendix B) facilities.

(2) August 18, 2008 will be the construction deadline for stations in
    this category, but which do not have a license or construction
    permit that matches their post-transition (DTV Table Appendix B)
    facilities and, therefore, need to apply for a new or modified
    construction permit.

    Although we are moving back the deadline we proposed in the *Third
    DTV Periodic Review NPRM,*[^147] which would have required stations
    in this category to have completed construction of their final
    post-transition (DTV Table Appendix B) facilities by November 18,
    2007,[^148] we find that it is appropriate to require stations in
    this category to complete construction prior to February 17, 2009.
    These stations have already had a significant period of time in
    which to build digital facilities on their post-transition channels
    and, indeed, should already have constructed these facilities by
    their previously established DTV construction deadline,[^149] which
    for many stations was November 18, 2007.[^150] 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 final digital facilities. Furthermore, we note
    that more than 800 of the 1,178 stations in this category have been
    licensed, or have filed for a license, to operate authorized
    post-transition facilities.[^151] We recognize that some stations in
    this category may face unique technical challenges, such as the need
    to reposition their side-mount antenna, or other issues that may
    prevent them from constructing full, authorized post-transition
    facilities by the deadlines we establish.[^152] As discussed below,
    these stations that are facing unique technical challenges will
    receive a construction deadline of February 17, 2009[^153] and those
    that legitimately need additional time to complete construction of
    their full, authorized post-transition facilities may seek an
    extension of time pursuant to our revised rules[^154] or may avail
    themselves of the provisions for a "phased transition" discussed
    below.[^155]

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48. [Stations With CPs that Match Facilities in DTV Table Appendix
    B]{.underline}. We establish May 18, 2008 as the construction
    deadline for stations in this category (*i.e.*, stations whose
    post-transition channel is the same as their pre-transition DTV
    channel) that already have a construction permit that matches their
    post-transition (DTV Table Appendix B) facilities. There are more
    than 250 stations with CPs that conform to the facilities in DTV
    Table Appendix B. This number will fluctuate as stations file
    modification applications or file license applications.[^156] While
    most stations in this group have built and licensed their
    construction permit, and are now operating at full, authorized
    post-transition facilities,[^157] some stations in this group still
    have not built their existing construction permit. These stations
    include (1) those that received an extension of time until November
    18, 2007,[^158] in either the *Construction Deadline Extension
    Order* or the *Use-or-Lose Order*, and that have an extension
    request of that deadline pending as of the date this Report and
    Order is adopted; and (2) those that have a construction permit that
    expired after adoption of the *Construction Deadline Extension
    Order* (*i.e.*, May 17, 2007) and that have an extension request of
    that deadline pending as of the date this Report and Order is
    adopted. By adopting May 18, 2008 as the construction deadline for
    these stations, we are hereby granting the relief sought in the
    pending extension requests of these stations and will afford them an
    extension until that date.[^159] We expect that these stations will
    finally be able to complete construction of their digital facilities
    and warn these stations that future requests for an extension of the
    deadline will be reviewed under the stricter standard adopted below.
    The stations in this group (*i.e.*, stations with a construction
    permit that matches their DTV Table Appendix B facilities) also
    include those that have a construction permit that has not yet
    expired, but based on the fact that most stations in this group have
    succeeded in timely building their permitted post-transition
    facilities, we expect that these stations will be able to meet their
    existing CP deadlines and will not need the additional time.

49. [Stations With an Unbuilt CP]{.underline}[^160] [that Does Not Match
    Facilities in DTV Table Appendix B]{.underline}. We establish August
    18, 2008 as the construction deadline for stations in this category
    (*i.e.*, stations whose post-transition channel is the same as their
    pre-transition DTV channel) that have an unbuilt construction permit
    for facilities that for some reason do not match those specified for
    them in the post-transition DTV Table Appendix B. There are roughly
    60 stations with a CP they have not built and whose CP does not
    closely match facilities in the DTV Table Appendix B. These stations
    would therefore need either to modify either their CP to match
    Appendix B or request that we revise the facility listed for them on
    Appendix B. Similar to the previous group (*i.e.*, stations with a
    construction permit that matches their DTV Table Appendix B
    facilities), these stations include (1) those that received an
    extension of time until November 18, 2007, in either the
    *Construction Deadline Extension Order* or the *Use-or-Lose Order*,
    and that have an extension request of that deadline pending as of
    the date this Report and Order is adopted; and (2) those that have a
    construction permit that expired after adoption of the *Construction
    Deadline Extension Order* (*i.e.*, May 17, 2007) and that have an
    extension request of that deadline pending as of the date this
    Report and Order is adopted. By adopting August 18, 2008 as the
    construction deadline for these stations, we are hereby granting the
    relief sought in the pending extension requests of these stations
    and will afford them an extension until that date.[^161] We expect
    that these stations will finally be able to complete construction of
    their digital facilities and warn these stations that future
    requests for an extension of the deadline will be reviewed under the
    stricter standard adopted below. The stations in this group (*i.e.*,
    stations with an unbuilt construction permit that for some reason
    does not match the facilities specified for them in the
    post-transition DTV Table Appendix B) also include those that have a
    construction permit that has not yet expired, but we expect that
    these stations will be able to meet their existing CP deadlines and
    will not presume that these stations will need the additional time.
    We recognize that some stations in this group (*i.e.*, stations with
    an unbuilt construction permit that for some reason does not match
    those facilities specified for them in the post-transition DTV Table
    Appendix B) may also include stations that intend to build their CP
    and not their DTV Table Appendix B facilities. These stations should
    file their applications now to indicate their intent to do this.

50. We find that the stations in this group (*i.e.*, stations with an
    unbuilt construction permit that for some reason do not match those
    facilities specified for them in the post-transition DTV Table
    Appendix B) warrant additional construction time than that afforded
    to the stations in the previous group[^162] because these stations
    need to file an application for a new or modified construction
    permit to conform their existing construction permit to those
    facilities specified for them in the post-transition DTV Table
    Appendix B.[^163] We expect, however, that the actual construction
    of the different DTV Table Appendix B facilities should not
    otherwise cause delay, particularly because these stations never
    built their existing construction permit. Moreover, we note that
    these stations should have filed applications for such conforming
    facilities soon after the new post-transition DTV Table became
    effective on October 26, 2007, and should do so immediately if they
    have not done so already.[^164] We also note that changes made to
    these stations' construction permits since they made their
    certifications (via FCC Form 381) in 2004[^165] were made pursuant
    to these stations' specific requests.

51. We recognize that some stations in this group cannot commence
    operations at their final DTV Table Appendix B facilities because
    doing so would cause impermissible interference to other current
    television operations. These stations must build and operate their
    currently authorized digital facilities reflected in their existing
    CP by the August 18, 2008 deadline and may seek an extension of time
    to February 17, 2009, at which time they could file their
    modification application to conform to those facilities specified in
    the post-transition DTV Table Appendix B. We expect, however, that
    these stations will apply now to modify their facilities to match
    the post-transition DTV Table Appendix B and will begin operations
    at full, authorized facilities as soon as the impermissible
    pre-transition interference concerns are resolved (*e.g.*, the
    affected pre-transition station moves to its post-transition
    channel).

52. [Stations With a License that Does Not Match Facilities in DTV Table
    Appendix B]{.underline}. We establish August 18, 2008 as the
    construction deadline for stations in this category (*i.e.*,
    stations whose post-transition channel is the same as their
    pre-transition DTV channel) that have a license for facilities that
    for some reason do not match those specified for them in the
    post-transition DTV Table Appendix B. There are more than 300
    stations with a licensed pre-transition facility that does not match
    facilities in DTV Table Appendix B, and therefore would need to
    apply for a CP for facilities that do match Appendix B or request
    that we revise the facility listed for them on Appendix B. We find
    that these stations generally should be treated like those stations
    with an unbuilt construction permit that for some reason does not
    match the post-transition DTV Table Appendix B facilities because
    they, too, need to file an application for a new or modified
    construction permit to conform their license to those facilities
    specified for them in the post-transition DTV Table Appendix B. We
    note, however, that unlike those stations with an unbuilt
    construction permit, these stations built a digital facility and met
    their previous DTV construction deadline. We will take this factor
    into consideration to the extent that such stations may request
    additional time to meet their post-transition facility deadline. For
    example, while we expect that these stations will not need to make
    significant modifications to conform their licensed facilities, we
    will consider granting requests from these stations if they can
    demonstrate that the modifications to conform their licensed
    facilities are, indeed, significant. We recognize that some stations
    in this group (*i.e.*, stations with licensed facilities that for
    some reason do not match those specified for them in the
    post-transition DTV Table Appendix B) may have constructed their
    intended facilities and do not intend to build their DTV Table
    Appendix B facilities. These stations should file their applications
    now to indicate their intent to do this.

### Stations Facing Unique Technical Challenges

53. We adopt our proposal in *Third DTV Periodic Review NPRM*[^166] to
    establish February 17, 2009 as the deadline for stations facing
    "unique technical challenges" (as defined in the *Construction
    Deadline Extension Order* and the *Use or Lose Order*) preventing
    them from completing construction of their final, post-transition
    facilities.[^167] This category is limited to the types of
    situations described for stations facing "unique technical
    challenges" in the *Construction Deadline Extension Order* and the
    *Use or Lose Order*.[^168] Most of the stations are in this group
    because they need to reposition a top-mounted analog antenna with a
    side-mounted digital antenna.[^169] There may also be other stations
    in this group that met their previous DTV construction requirements
    but now face unique technical challenges in meeting their deadline
    to construct post-transition (DTV Table Appendix B)
    facilities.[^170] Such challenges include stations that have a
    side-mounted digital antenna and top-mounted analog antenna and will
    need to install a top-mounted antenna for post-transition digital
    use, but cannot do so before the end of the transition because the
    tower cannot support the additional weight of third antenna,[^171]
    or face other circumstances in which the operation of a station's
    analog service prevents the completion of construction of the
    station's full, authorized post-transition facility, including
    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. Stations
    must document their status as a station facing a "unique technical
    challenge" and, thereby, obtain February 17, 2009 as their new
    construction deadline, by specifying such status in their
    application for post-transition facilities (Forms 301 or 340), if
    applicable, or by filing a notification electronically through the
    Commission's Consolidated Database System ("CDBS") using the
    Informal Application filing form.[^172] Stations must also specify
    their status in their Transition Status Reports (Form 387).[^173]
    Although commenters did not support setting any firm deadline for
    these stations before the transition date, they did generally
    support our approach to provide these stations with more time to
    complete construction of their final DTV facilities than those
    stations without such unique technical challenges.[^174] We
    appreciate that these stations may need more time to complete
    construction of their final DTV facilities than other stations due
    to the challenge of configuring their station's post-transition
    facilities. Commenters have argued that stations with existing
    top-mounted analog and side-mounted digital antennas may face
    problems if they are forced to complete their final DTV facilities
    before the statutory analog shutdown.[^175] For example, a station
    with a side-mounted DTV antenna, a top-mounted analog antenna and a
    top-mount DTV allotment risks significant analog service losses if
    it attempts to build-out its post-transition allotment before the
    analog shutdown.[^176] We, thus, conclude that imposing an earlier
    deadline for stations with unique technical challenges could create
    technical problems or the needless incurrence of extra engineering
    expenses. Therefore, we will continue to permit these stations the
    maximum amount of time -- until the end of the transition -- to
    complete the construction of their final DTV facilities.

54. However, as discussed above, we cannot give stations blanket
    authority for more construction time beyond the transition date
    without risking the availability of post-transition television
    service to viewers. We do agree with commenters, however, that our
    rules and policies must be flexible to enable stations with unique
    technical challenges to make a smooth transition.[^177] In
    particular, we expect that stations facing unique technical
    challenges will benefit from our provisions for a "phased
    transition."[^178] For example, Allbritton has requested that the
    Commission permit a station with a top-mounted analog antenna to
    delay the start of construction of top-mounted, post transition DTV
    facilities until after the analog shut-down, provided that station's
    existing DTV facility provides service to 100 percent of its
    replication area.[^179] We find that the "phased transition"
    alternative build-out policy that we adopt below will provide an
    avenue for the relief requested by Allbritton.

### Other Situations 

55. We adopt our proposals concerning the treatment of stations granted
    a waiver of the August 4, 2005 "checklist" deadline[^180] and
    stations denied an extension of time to construct a pre-transition
    DTV facility or a "use or lose" waiver request.

56. [Checklist Waiver Stations]{.underline}. We adopt our proposal in
    *Third DTV Periodic Review NPRM*[^181] to set a construction
    deadline for the 10 stations granted a "checklist" waiver that is
    based upon whether their pre-transition DTV channel is the same as,
    or different from, their post-transition channel. We received no
    comments on this issue. We find that our original proposal is an
    appropriate method for setting the construction deadline for these
    stations. Accordingly, the six stations granted "checklist" waivers
    whose pre-transition DTV channel is different from their
    post-transition channel,[^182] may forego construction of their
    pre-transition DTV facility and must complete construction of their
    post-transition facility by February 17, 2009.[^183] The four
    stations granted "checklist" waivers whose pre-transition DTV
    channel is the same as their post-transition channel,[^184] must
    complete their full, final post-transition facility by the deadline
    established for other stations whose pre-transition DTV channel is
    the same as their post-transition channel.[^185]

57. [Stations Denied an Extension of Time to
    Construct]{.underline}.[^186] Five stations were denied extensions
    in the *Construction Deadline Extension Order.*[^187] Three of these
    stations were admonished and made subject to remedial measures.
    [^188] 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. The other 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 to be 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.[^189] For
    the three admonished stations, we proposed in the *Third DTV
    Periodic Review NPRM* to not consider any future requests for
    extension of time to construct pre-transition facilities.[^190] As
    we stated in the *Third DTV Periodic Review NPRM*, we believe that
    admonished stations that have been denied an extension of their
    construction deadline and have been required to follow remedial
    procedures should be treated more strictly than stations that have
    been granted an extension of the construction deadline.[^191] We
    received no comments on this issue and will adopt our proposal.

58. Of the three stations that were denied an extension and admonished,
    only one station-- WTVA-DT, channel 8, Tupelo, Mississippi[^192]
    --has still not built its pre-transition facility.[^193] WTVA-DT has
    a post-transition channel that is different from its pre-transition
    DTV channel. We stated in the *Third DTV Periodic ReviewNPRM* that
    requiring such stations, even if denied an extension and admonished,
    to build their pre-transition channel would be inconsistent with our
    policy to shift our focus to construction of post-transition
    facilities.[^194] Accordingly, we proposed that we would not require
    these stations to construct their pre-transition facilities, but
    that these stations would remain admonished and would remain on a
    remedial program with respect to construction of their
    post-transition facilities.[^195] In light of the Commission's
    consideration of the issues raised in the *Third DTV Periodic Review
    NPRM*, the Commission decided in the *Construction Deadline
    Extension Order* to temporarily stay its reporting and progress
    requirements for admonished stations in the case of WTVA-DT.[^196]
    As WTVA-DT has a post-transition channel that is different from its
    pre-transition DTV channel, consistent with our decision in this
    Report and Order[^197] and as we proposed in the *Third DTV Periodic
    Review NPRM*, we hereby determine that this station will not be
    required to construct its pre-transition facility and will remain
    admonished and on a remedial program with respect to the
    construction of its post-transition facility.[^198] Station WTVA-DT
    must construct its post-transition facility no later than February
    17, 2009, the deadline we have established in this Report and Order
    for all stations in this category.[^199] In addition, in accordance
    with our remedial program, WTVA-DT must report on its construction
    progress every 60 days following release of this Report and Order.
    If station WTVA-DT fails to make progress, it will be subject to
    additional remedial measures and sanctions.[^200] These actions
    modify our prior remedial measures/admonishment order for
    WTVA-DT.[^201]

59. [Stations Denied Waiver of the Use or Lose Deadline]{.underline}.
    For stations that were denied use or lose waivers in the *Use or
    Lose Order*, seven stations were denied use or lose waivers in the
    *Use or Lose Order* and, consequently, lost interference protection
    to the unused portion of the associated coverage area and lost the
    ability to "carry over" their interference protection to their
    unserved DTV service area on their post-transition channel.[^202] In
    the *Third DTV Periodic Review NPRM*, we invited comment on whether
    we should reevaluate the loss of interference protection for these
    stations with respect to their post-transition channel. [^203] We
    received no comments on this issue. We decline to change our
    decision in that order to remove interference protection for the
    parts of their service area that were not built by the deadline and
    for which these stations were unable to justify a waiver.

60. There is no reason to distinguish between stations that failed to
    complete construction of their pre-transition facility by the
    use-or-lose deadline based on whether or not the facility would also
    be used for post-transition operation. In this case, the required
    build-out was specifically to provide pre-transition service and the
    failure to provide that service without a valid justification cannot
    be excused. Accordingly, we will not reevaluate here our decision to
    remove interference protection for these stations. These stations
    will not lose their license and must comply with the relevant
    deadline for operation of their post-transition facility if it
    differs from their pre-transition facility.[^204] We note that four
    of these stations have sought reconsideration of the denial of their
    use or lose waivers.[^205] We will address these petitions for
    reconsiderations in a separate proceeding.

### Extension/Waiver of DTV Construction Deadlines

61. In this section, we adopt our proposed revisions to Section
    73.624(d)(3) of the rules to tighten the standard for extension of
    DTV construction deadlines. However, we also clarify that we will
    consider, on a case by case basis in very limited circumstances,
    requests for an extension that do not meet our stricter criteria
    adopted herein where the station can show extraordinary
    circumstances that warrant providing additional time to complete
    construction. We also conclude that there will no longer be a
    separate treatment of "use-or-lose" deadlines, rather all requests
    for more time to complete construction of full authorized facilities
    will be dealt with as requests for CP extensions. In addition, we
    will require stations seeking an extension under Section
    73.624(d)(3) to comply with a viewer notification requirement
    (detailed below).[^206] Finally, as we proposed in the *Third DTV
    Periodic Review NPRM*, for all requests for additional time to
    construct DTV facilities for construction deadlines occurring on
    February 18, 2009 or later, we will consider such requests under the
    tolling standard set forth in Section 73.3598(b) of our rules.[^207]

62. Specifically, we take the following steps with respect to requests
    for additional time to construct post-transition facilities:

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(1) Absent extraordinary circumstances we will no longer consider lack
    of equipment in the evaluation of whether to grant a request for
    extension of time to construct a DTV facility.

(2) We continue to consider circumstances beyond the licensee's control
    in evaluating requests for extension of time, including delays
    related to zoning issues or international coordination.

(3) We eliminate the existing four-part test for an extension of time on
    the grounds of financial hardship. Under the new test adopted
    herein, absent extraordinary circumstances, to obtain an extension
    on the grounds of financial hardship we will require that the
    station show that it is (a) the subject of a bankruptcy or
    receivership proceeding, or (b) experiencing severe financial
    hardship, as defined by negative cash flow for the past three years.

(4) Requests for extension must be received at least 60 days prior to
    the deadline for which the extension is requested to ensure review
    prior to the deadline.

(5) Beginning at least 30 days prior to the station's termination of
    analog service, stations must notify their viewers about any delays
    in completing construction that will prevent the station from
    providing post-transition digital service to all viewers.[^208]

(6) For all requests for additional time to construct DTV facilities for
    construction deadlines occurring on February 18, 2009 or later, we
    will consider such requests under the tolling standard set forth in
    Section 73.3598(b)[^209] of the rules. This rule 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, 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).[^210]

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63. Stations that cannot finalize construction of their final DTV
    facilities by the February 17, 2009 deadline have several options.
    First, they may apply for an extension of time to construct pursuant
    to the stricter extension criteria adopted herein. Alternatively, as
    discussed below in the phased transition section,[^211] stations
    that cannot finalize construction of their full, authorized
    post-transition facilities by the transition deadline and that do
    not meet the revised extension criteria adopted herein may request
    that they be permitted to stay on their pre-transition DTV channel
    for a period of time past the February 17, 2009 deadline to permit
    them to finalize construction provided they serve their existing
    viewers. As another option, also discussed in the phased transition
    section below,[^212] a station that cannot finalize its full,
    authorized post-transition facilities by February 17, 2009 and that
    cannot meet the revised extension criteria may also request that it
    be permitted to operate with less than full, authorized facilities
    for a period of time after the transition deadline provided it
    serves its existing viewers. Stations that cannot build
    post-transition facilities that serve their existing viewers by
    February 17, 2009 will not be eligible to take advantage of these
    phased transition options. Requests for more time to construct for
    any deadline of February 18, 2009 or later will be subject to the
    tolling standard, as discussed more fully below.

64. The stations that face the most significant amount of construction
    to finalize their post-transition facilities are those that are
    moving to a different channel for post-transition operation. It is
    important to note that in this Report and Order we provide these
    stations the maximum amount of time -- *e.g*., until February 17,
    2009 -- to complete construction of these post-transition
    facilities.[^213] As analog transmissions must cease by February 17,
    2009, any extension of time to construct final DTV facilities
    granted beyond this date will result in the loss of service to
    over-the-air viewers.[^214] Consequently, as discussed further
    below, we will provide extensions of time to construct final DTV
    facilities only in the most serious of situations.

65. Stations that have an earlier deadline to construct post-transition
    facilities generally do not have a significant amount of
    construction remaining to complete their final DTV facility. [^215]
    In some cases, however, these stations do face genuine obstacles to
    completing construction, such as zoning issues or weather-related
    damages to facilities. For these stations, the revised standard we
    adopt herein will continue to consider these kinds of issues in
    evaluating extension requests. For stations moving to a new channel
    post-transition and that are subject to either the May 18, 2008 or
    August 18, 2008 construction deadline, those that need an extension
    and can satisfy the new criteria adopted herein will be granted an
    extension until February 18, 2009.

66. In general, at this stage in the transition it would be a disservice
    to the public to permit stations to continue to obtain extensions of
    time to construct due to equipment shortages associated with poor
    planning or a reluctance to commit financial resources to
    construction of full digital facilities. While most of the
    commenters that addressed our proposals to tighten the standards for
    grant of additional time to construct DTV facilities disagreed with
    our proposals,[^216] we believe it is necessary that these standards
    be tightened to ensure continued, necessary progress by stations
    toward completion of their post-transition facilities. Because we
    are close to the end of the transition -- the ultimate deadline --
    we can no longer allow extensions except in the most serious,
    extraordinary, or truly unavoidable circumstances, such as
    bankruptcy or zoning or other impediments beyond the station's
    control. Stations that cannot satisfy these criteria and yet do not
    complete construction of their post-transition facility will be
    admonished, placed in remedial programs, subjected to forfeitures,
    will lose interference protection to their unbuilt service areas,
    and/or will not be permitted to apply for expanded facilities. These
    stations will also be required to notify their viewers that the
    station will not be serving some or all of these viewers beginning
    February 18, 2009.

67. We have determined that there is no further need for separate "use
    or lose" and construction deadlines at this point in the transition.
    Our "use or lose" deadlines were an effort to ensure that stations
    were operating full power pre-transition DTV facilities during the
    course of the DTV transition. As we are nearing the end of the DTV
    transition, stations must complete their final, post-transition
    facilities, and the less than full facilities that were permitted by
    the use-or-lose deadlines will no longer be sufficient. Therefore,
    from this point on, we will enforce only construction deadlines for
    all stations. Any station whose DTV facility is either unbuilt or
    built but operating at less than full power may submit an
    application for extension if it wants to retain protection to the
    authorized service area[^217] and would meet the new extension
    criteria.[^218]

68. [Background]{.underline}. In the *Third DTV Periodic Review NPRM*,
    we tentatively concluded that we would 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.[^219] We noted that the initial construction deadlines for
    DTV facilities passed several years ago and that the deadline for
    completion of the transition is rapidly approaching. It is critical
    at this stage in the transition that stations finalize their
    construction plans and implement them.

69. 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."[^220] 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."[^221] These rules apply to stations granted a paired
    license for analog and digital operation during the
    transition.[^222] The Bureau may grant no more than two extension
    requests upon delegated authority. Subsequent extension requests
    must be referred to the Commission.[^223]

70. In the *Third DTV Periodic Review NPRM*, we proposed to eliminate
    Section 73.624(d)(3)(ii)(B), which permits consideration of lack of
    equipment in the evaluation of whether to grant a request for
    extension of time to construct. Most stations have had ample time to
    order the equipment required to provide digital service. In
    addition, given the relatively short time remaining in the
    transition, we find that it is not appropriate to grant stations
    additional time to construct because of equipment delays, absent
    extraordinary circumstances. We also proposed to eliminate the
    existing four-part test for financial hardship, which permits
    consideration of circumstances where the cost of meeting build-out
    requirements exceeds the station's financial resources, and replace
    it with a new test. Specifically, in seeking a DTV extension for
    financial reasons, we proposed 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.[^224]

71. [Equipment shortages]{.underline}. Consistent with our proposal in
    the *Third DTV Periodic Review NPRM*, we eliminate Section
    73.624(d)(3)(ii)(B) of our rules, 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.[^225] Going forward,
    absent extraordinary circumstances, we will no longer consider lack
    of equipment a valid ground for granting a request for extension of
    time to construct. Although the commenters that addressed this issue
    generally opposed our proposal to eliminate the equipment shortage
    justification for an extension,[^226] we find that at this
    relatively late stage in the transition it is no longer appropriate
    to signal to stations that they can obtain more time to construct
    their final DTV stations by citing general difficulties related to
    obtaining equipment. Stations must at this stage in the transition
    be submitting their equipment orders and arranging for delivery and
    installation in order to ensure that they meet the DTV construction
    deadlines established in this Report and Order.[^227]

72. While requests for an extension of time on the grounds of a lack of
    equipment will no longer generally be granted, we recognize that for
    some stations difficulties beyond their control in obtaining or
    installing equipment may still pose unavoidable delays in completing
    construction, either because of real equipment shortages, the lack
    of sufficient tower crews, or because of a delay in scheduling
    equipment installation due to weather. Therefore, while we adopt our
    proposal to eliminate the equipment shortage justification as a
    general ground for grant of an extension of time, and amend the rule
    accordingly,[^228] we will consider, on a case by case basis,
    requests for an extension where a station can demonstrate that,
    despite timely orders, there is a delay in delivery of equipment due
    to a shortage of supply or that there is a delay in installing
    equipment on hand or in completing tower construction due to a
    shortage of qualified tower crews. Only stations that can
    demonstrate that they placed their equipment orders and requested
    tower crews well in advance will be considered eligible for an
    extension on these grounds. In addition, we will also consider
    requests for an extension where the station can demonstrate that
    tower construction cannot be completed because of weather conditions
    or that equipment is on hand but that weather conditions have
    delayed installation. In each case, we will require the station to
    provide specific, detailed information and supporting documentation
    to demonstrate that grant of an extension of time to construct is
    warranted because of a genuine, specific, verifiable delay due to
    equipment or manpower shortages or weather. Such documentation could
    include, for example, proof that equipment was timely ordered
    together with a letter from the equipment supplier confirming a
    delay in filling orders and an estimated date by when the equipment
    will be delivered, or proof that equipment is on hand together with
    a letter from the equipment installer confirming a delay in
    scheduling installation and an estimated date for installation. With
    respect to delays due to weather, we will consider proof that the
    equipment is on hand or that tower construction has commenced or is
    ready to commence together with information confirming unsuitable
    weather conditions and an estimated date for finalizing tower
    construction and/or equipment installation. Stations must also note
    on FCC Form 387 the status of the station's transition and any
    delays related to delivery or installation of equipment and must
    update the form to keep the Commission apprised of changes or
    continuing delays.[^229]

73. This approach responds to the concerns raised by MSTV and NAB who
    specifically opposed our proposal to eliminate the equipment
    shortage justification for an extension of time. MSTV and NAB argued
    that eliminating the equipment shortage justification was
    inappropriate given the enormous anticipated demand for equipment
    and the relatively small number of manufacturers and installers,
    which could lead to very real shortages.[^230] We agree that there
    are instances in which stations may face legitimate delays in
    obtaining or installing equipment because of high demand or weather
    considerations and we will consider extensions in these
    extraordinary circumstances. Apart from such extraordinary
    circumstances, however, we will no longer generally consider lack of
    equipment as grounds for an extension of time.

74. [Financial hardship]{.underline}. We also hereby adopt our proposal
    to eliminate the existing four-part test for financial hardship,
    which permits consideration of circumstances where the cost of
    meeting build-out requirements exceeds the station's financial
    resources, and replace it with a new test. To obtain an extension on
    the grounds of financial hardship we will require that the station
    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 must
    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 must also
    submit a schedule of when they expect to complete construction.

75. Our goal in adopting this stricter financial hardship standard is to
    limit extensions to situations where stations clearly are unable to
    make the financial commitment necessary to complete construction of
    their post-transition DTV facilities. While we recognize that a
    number of stations face financial obstacles to completing
    construction, at this relatively late stage in the transition it is
    imperative that stations devise and implement a plan to complete
    their final DTV facilities. Analog broadcasts must cease at midnight
    on February 17, 2009. In order to ensure that viewers continue to
    receive television service after the transition, stations must
    complete their post-transition facilities now. It is difficult to
    imagine a more compelling use of funds than to ensure continued
    service to the viewing public. Thus, only stations that can
    demonstrate no available funds or source of funding to complete
    construction may be granted an extension on this ground.

76. While we adopt our proposal to tighten our financial hardship
    standard, and amend the rule accordingly,[^231] we recognize that
    some stations, including some noncommercial educational stations and
    some smaller stations, face extraordinary financial circumstances
    that do not fit within the new financial hardship criteria but that
    nonetheless may warrant an extension of time to finalize
    construction. Therefore, we will consider, on a case by case basis,
    requests for an extension that do not meet our revised financial
    hardship criteria where a station can demonstrate extraordinary
    circumstances. In this regard, we will consider situations where the
    station can demonstrate, for example, that it is awaiting expected
    funding in the form of a station grant or similar funding together
    with a date by when such funding is expected to be received. We will
    also consider situations in which the station can show that it has a
    detailed, step-by-step plan for constructing its post-transition
    facilities by February 17, 2009 and that it is making and will
    continue to make timely progress in implementing this plan. We
    caution stations that extensions on the grounds of extraordinary
    circumstances will not be routinely granted.

77. We will require that all stations requesting an extension submit
    proof of the circumstances that warrant an extension of time, and
    provide a firm estimate of when construction will be completed.
    Stations will also be required to provide information on FCC Form
    387 regarding the status of the station's transition and to update
    this information on a regular basis.[^232]

78. [Circumstances beyond the station's control]{.underline}. As we
    proposed, we will continue to consider 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.[^233] 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. As we stated in the *Third
    DTV Periodic Review NPRM*, we will also continue to consider
    circumstances related to an act of God or terrorism in evaluating
    requests for an extension of time to construct.[^234]

79. [Application of revised extension standard]{.underline}. Our
    stricter standard for grant of an extension of time to construct DTV
    facilities adopted herein will be applied to all pending and future
    requests for extension of construction deadlines occurring on or
    before February 17, 2009. While we proposed in the *Third DTV
    Periodic Review NPRM* to apply our stricter extension standard to
    construction deadlines occurring before -- but not on -- February
    17, 2009, and to apply our proposed tolling standard to deadlines on
    or after that date,[^235] we now find it is appropriate to apply the
    revised, stricter extension standard to construction deadlines on or
    before February 17, 2009. While our revised extension standard is
    stricter than the current standard, it provides more flexibility to
    stations than the tolling standard. Thus, applying the revised
    extension standard rather than tolling to stations with a February
    17, 2009 construction deadline will provide some relief to these
    stations that may face legitimate obstacles to completing their
    post-transition facilities. All requests for extension of time
    pursuant to Section 73.624(d), as amended,[^236] must be filed
    electronically using the revised FCC Form 337.[^237] We remind
    parties that applications for extension must 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."[^238] To
    ensure sufficient time for review of any such extension requests,
    the Bureau is instructed to apply this requirement strictly and to
    accept extension requests filed fewer than 60 days before the
    applicable construction deadline only if the party affirmatively and
    persuasively demonstrates that the extension is necessary due to an
    unforeseen development or event occurring within the 60 day
    timeframe.[^239]

80. [Viewer Notification]{.underline}. Stations that will not be serving
    at least the same population that receives their current analog TV
    and DTV service on February 18, 2009 must notify viewers on their
    analog channel about the station's planned delay in construction and
    operation of post-transition (DTV) service.[^240] Therefore,
    stations seeking an extension of time to construct post-transition
    facilities under revised Section 73.624(d)(3) must notify viewers on
    their analog channel about their post-transition service
    limitations. Such notifications must occur every day on-air at least
    four times a day including at least once in primetime for the
    30-days prior to the station's termination of full, authorized
    analog service. These notifications must include: (1) the station's
    call sign and community of license; (2) the fact that the station
    must delay the construction and operation of its post-transition
    (DTV) service; (3) information about the nature, scope, and
    anticipated duration of the station's post-transition service
    limitations; (4) what viewers can do to continue to receive the
    station, *i.e.*, how and when the station's digital signal can be
    received;[^241] and (5) the street address, email address (if
    available), and phone number of the station where viewers may
    register comments or request information. We note that these viewer
    notifications are in addition to, and separate from, any
    notification requirements that we may adopt pursuant to our *DTV
    Consumer Education Initiative*.[^242]

81. [Tolling]{.underline}. As we proposed in the *Third DTV Periodic
    Review NPRM*, post-transition we will return to the existing
    standard for analog facilities in considering requests for
    additional time to construct DTV facilities. For all requests for
    additional time to construct DTV facilities for construction
    deadlines occurring February 18, 2009 or later, we will consider
    such requests under the tolling standard set forth in Section
    73.3598(b) of the rules,[^243] 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(a) applies to
    construction permits for "new TV" stations or to make changes in
    existing stations, and we hereby clarify that this reference
    includes construction permits for new DTV stations, as well as to
    existing DTV stations, and that we will apply Section 73.3598 to
    such stations beginning February 18, 2009. We also will require that
    notifications pursuant to Section 73.3598 be filed electronically
    through the Commission's Consolidated Database System ("CDBS") using
    the Informal Application filing form.[^244]

82. While the commenters that addressed the tolling issue generally
    opposed implementation of this approach,[^245] we find that once the
    transition to an all-digital broadcast service has occurred, it is
    appropriate to apply a stricter "tolling" approach to construction
    deadlines. Once DTV is the sole broadcast service, we find requests
    for additional time to construct should be treated as we now treat
    such requests for all analog stations and DTV singletons.[^246] Once
    the transition deadline has passed, stations will no longer be
    required to operate dual facilities and the demand for scarce
    resources by industry will level off. In the *Third DTV Periodic
    Review NPRM*, we proposed to apply tolling to construction deadlines
    occurring on February 17, 2009 or later.[^247] However, as noted
    above,[^248] we will instead apply the revised extension criteria to
    deadlines on or before February 17, 2009 and will apply tolling to
    deadlines occurring February 18, 2009 or later. This approach will
    provide some additional flexibility to stations by delaying
    implementation of the stricter tolling standard.

83. 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, 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).[^249] Beginning February 18, 2009, we
    will require that DTV permittees notify the Commission of any event
    covered under our tolling provision and provide supporting
    documentation in order to toll the construction deadline.[^250]
    Permittees will also be 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 construction progress and the steps the permittee has
    taken and proposes to take to resolve any remaining
    impediments.[^251] 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.[^252]

84. As proposed in the *Third DTV Periodic Review NPRM*, delays due to
    international coordination will not generally be grounds for tolling
    of a DTV construction permit with two exceptions. First, the
    Commission will toll a construction permit for a DTV station where
    the station demonstrates that a request for international
    coordination has been sent to Canada or Mexico on behalf of the
    station and no response from the country affected has been received.
    Second, the Commission will toll a DTV construction permit where the
    station can 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
    domestically. The tolling rule is amended accordingly.[^253]

### Sanctions for Failure to Meet Construction Deadlines

85. We remind stations that they will be subject to sanctions if they
    fail to meet their deadline for the construction of their final,
    post-transition DTV facilities, fail to justify an extension of
    their deadline pursuant to the revised procedures and policies, or
    are otherwise unable to qualify for the "phased transition"
    provisions. For example, a station failing to meet its construction
    deadline may be subject to license revocation procedures,[^254] the
    issuance of forfeitures,[^255] loss of interference protection to
    unserved DTV service area,[^256] or other remedial measures, such as
    admonishment and the imposition of periodic reporting
    requirements.[^257] We also 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."[^258]

86. We find that these sanctions continue to be the appropriate methods
    to encourage stations to meet their DTV construction deadlines and
    to ensure that all stations are constructed and operating with their
    full, authorized post-transition DTV facilities at the end of the
    DTV transition. We note that approximately 100 stations have been
    placed in the DTV remedial program since its adoption in 2003. All
    but one station completed construction and began operating their DTV
    facilities within six months of enrollment in the program, thus
    eliminating the need for further sanctions. Therefore, with one
    slight modification, we find that continued use of the DTV
    construction remedial program will ensure that non-complying
    stations are able to quickly bring their stations into compliance
    with their DTV construction obligations.

87. Currently, stations placed in the remedial program are initially
    admonished and are provided with a six-month period to complete
    construction of their DTV facilities in order to avoid further
    sanctions such as the imposition of forfeiture.[^259] As we are
    nearing the completion of the DTV transition, we find that it is
    appropriate to accelerate our remedial procedures and require
    stations to complete construction of their DTV facilities in a
    shorter period of time in order to avoid further sanctions.
    Therefore, we modify the first stage in our remedial program and
    provide stations with three months to complete construction of their
    DTV facilities in order to avoid the imposition of further
    sanctions. By requiring compliance in a three-month period, we seek
    to ensure that non-compliant stations will come into compliance with
    our DTV construction rule and be ready for the final DTV transition.

### Phased Transition Provisions for Regulatory Relief

88. We adopt two provisions for a "phased transition" in an effort to
    offer broadcasters regulatory flexibility in meeting their
    post-transition construction deadlines without disappointing viewer
    expectations after the transition date.[^260] First, we will permit
    qualifying stations to temporarily remain on their pre-transition
    DTV channel; and, second, we will permit qualifying stations to
    build less than their full, authorized facilities by their
    construction deadline. To qualify for these provisions, stations
    must meet a service requirement to minimize the loss of service
    after the transition date and also must not cause impermissible
    interference to other stations. Stations that are permitted to use
    one of the provisions for a phased transition, even though they will
    not serve at least the same population that receives their current
    analog TV and DTV service, must also comply with a viewer
    notification requirement (described below). Stations can seek relief
    under these provisions if they cannot satisfy the strict requirement
    for obtaining an extension of time to construct their full,
    authorized facilities.[^261] Because the service requirement
    protects consumers, we find that we can offer this relief, subject
    only to an engineering analysis (*i.e.*, the population and
    interference criteria).

89. We adopt these measures, which were discussed in the *Third DTV
    Periodic Review NPRM*,[^262] in response to the many comments by
    broadcasters advocating for regulatory flexibility to build less
    than their full, authorized facilities by their post-transition
    construction deadlines.[^263] As noted above, most commenters asked
    us to be as flexible as possible when establishing construction
    deadlines.[^264] These commenters noted that the February 17, 2009
    statutory deadline was only for the termination of analog service
    and not expressly for completion of stations' final (*i.e.*, full,
    authorized) digital facilities. Accordingly, these commenters asked
    that stations be allowed to operate at less than full, authorized
    facilities for some specified time after the transition.[^265]

90. Because qualification for the regulatory relief offered by these
    provisions will require stations to serve all or most of the same
    population that receives their current television (analog and
    digital) service, we find that these provisions strike the right
    balance of offering regulatory flexibility to broadcasters while not
    undermining viewers' over-the-air reception expectations after the
    transition date. [^266]MSTV/NAB proposed that stations only be
    required to provide digital service to their communities of license
    as of the February 17, 2009 transition date, and that they should be
    allowed to operate at less than full, authorized facilities for one
    year after the transition date.[^267] MSTV/NAB would rely on
    broadcasters' market incentive to "maximize their digital service"
    to viewers.[^268] We disagree, however, that a coverage requirement
    limited to stations' communities of license would satisfy consumer
    expectations after the transition date. Instead, we limit these
    special measures for regulatory relief to stations that can serve
    all or most of their existing viewers. Stations that cannot build
    post-transition facilities that serve their existing viewers must
    obtain Commission approval for an extension of time to complete
    their facilities.[^269] We reject MSTV/NAB's argument that this
    service requirement is too restrictive "in light of equipment
    shortages and other technical issues" and that a community of
    license coverage requirement would be sufficient.[^270] We take
    seriously the goal of ensuring that consumers who have prepared for
    the transition by obtaining the necessary DTV receiver equipment are
    able to, at a minimum, continue to watch their current television
    programming after the transition date. To that end, we have taken
    steps to require, wherever possible, that stations complete their
    final, post-transition facilities by the transition date. We
    recognize, however, that in some situations it may be preferable for
    some viewers to lose television service for a limited time after the
    transition date if that would prevent many viewers from losing
    analog TV service for a significant time before the transition date.

91. [Viewer Notification]{.underline}. We will require stations that
    will not be serving at least the same population that receives their
    current analog TV and DTV service on February 18, 2009 to notify
    viewers on their analog channel about the station's planned delay in
    construction and operation of post-transition (DTV) service.[^271]
    Therefore, stations seeking STA approval to use one of the
    provisions for a phased transition must notify viewers on their
    analog channel about their post-transition service limitations. Such
    notifications must occur every day on-air at least four times a day
    including at least once in primetime for the 30 days prior to the
    station's termination of full, authorized analog service. These
    notifications must include: (1) the station's call sign and
    community of license; (2) the fact that the station must delay the
    construction and operation of its post-transition (DTV) service; (3)
    information about the nature, scope, and anticipated duration of the
    station's post-transition service limitations; (4) what viewers can
    do to continue to receive the station, *i.e.*, how and when the
    station's digital signal can be received;[^272] and (5) the street
    address, email address (if available), and phone number of the
    station where viewers may register comments or request information.
    We note that these viewer notifications are in addition to, and
    separate from, any notification requirements that we may adopt
    pursuant to our DTV Consumer Education Initiative.[^273]

#### Temporary Use of In-core Pre-Transition DTV Channels

92. To provide flexibility to the post-transition construction deadlines
    established above,[^274] we adopt our proposal in the *Third DTV
    Periodic Review NPRM*[^275] to allow stations that are moving to a
    different DTV channel for post-transition operations to temporarily
    remain on their pre-transition DTV channel while they complete
    construction of their final digital facilities, provided:

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(1) They serve at least the same population that receives their current
    analog TV and DTV service so that over-the-air viewers will not lose
    TV service;[^276]

(2) They do not cause impermissible interference to other stations or
    prevent other stations from making their transition. We adopt our
    tentative conclusion[^277] that the 0.5 percent interference
    standard established for post-transition operations (in section
    V.F., below) would apply because such operations would occur after
    the transition deadline.[^278]

The record clearly supports adoption of the temporary use of in-core
pre-transition channels.[^279] We agree with commenters 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. Moreover, we expect that this provision for regulatory
relief will advance the transition by freeing scarce transition
resources for those stations that cannot utilize the opportunities
afforded for a phased transition.

93. Stations' authority to operate on a pre-transition channel,
    including their digital channel, ends on February 17, 2009.[^280]
    Therefore, stations must request STA approval for authority to
    remain on their pre-transition channel in accordance with our
    existing filing procedures.[^281] Stations must apply for such
    approval no later than August 17, 2008 so that their request can
    receive the appropriate engineering analysis. Stations that remain
    on their pre-transition digital channel may not apply for expanded
    post-transition facilities, until they complete construction and
    commence operation on their post-transition channels. Stations
    approved for this relief may remain on their pre-transition digital
    channel for no longer than one year after the transition date and
    will receive an extension of time to construct their full,
    authorized post-transition facilities for the time that they remain
    on their pre-transition digital channel. Accordingly, these stations
    must begin operations on their full, authorized final,
    post-transition (digital) channels no later than February 18,
    2010.[^282] We find that this relief offered to in-core stations is
    consistent with the statutory transition deadline for full power
    stations to end analog service and to broadcast only on in-core
    channels.[^283]

#### Alternative Buildout to Maintain Existing Service

94. As an additional approach to provide flexibility to the
    post-transition construction deadlines established above, we will
    consider stations' requests for STA to operate their post-transition
    facilities on post-transition channels at less than their full,
    authorized facilities (as defined by the DTV Table Appendix B). We
    will authorize STAs for this purpose, provided stations can
    demonstrate:

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(1) A unique technical challenge (as defined in Section V.B.5.,
    above)[^284] and they can serve at least 85 percent of the same
    population that receives their current analog TV and DTV
    service;[^285] or

(2) A significant technical impediment to the construction of their
    full, authorized facilities that would not otherwise qualify for an
    extension of time to construct facilities under the new, stricter
    standard adopted herein and they serve at least 100 percent of the
    same population that receives their current analog TV and DTV
    service so that over-the-air viewers will not lose TV service.[^286]

Furthermore, in either case, stations must also demonstrate that the STA
facility they request will not cause impermissible interference, *i.e.*,
more than 0.5 percent new interference, to other stations or prevent
other stations from making their transition. Finally, stations that
cannot serve at least 100 percent of the same population that receives
their current analog TV and DTV service must comply with a viewer
notification requirement (described above).[^287]

95. We sought comment on this issue in the *Third DTV Periodic Review
    NPRM*[^288] and we adopt this approach in response to the many
    comments advocating for such relief.[^289] We differentiate stations
    that have a significant technical impediment to construction of
    their full, authorized post transition facility but that can,
    nevertheless, continue to serve all of their current viewers. In
    these circumstances, because viewers will not lose service after the
    transition, we will grant STAs for six months even though the
    station would not otherwise qualify for an extension of time to
    construct facilities under the new, stricter standard adopted
    herein.[^290] However, commenters have demonstrated that for some
    stations facing the type of unique technical challenge defined in
    Section V.B.5., above, service to all current viewers may not be
    possible. For example, stations with a side-mounted digital antenna
    that can demonstrate that because of weather or another valid reason
    they would have to reduce or terminate their analog service well
    before the transition date (*e.g.*, Summer 2008) in order to
    complete construction of their final, post-transition facility may
    qualify for this post-transition relief for up to six months. While
    it is critical that we minimize the loss of television service after
    the transition date as much as possible, we recognize that, in such
    a special situation, it may be preferable to accept a limited loss
    of DTV service for a limited time after the transition date to
    prevent a significant loss of analog service many months before the
    transition date. Stations must demonstrate both the need for this
    flexibility and for the timing that they request. For example, a
    station could show that the weather where its tower is located
    generally remains dangerously cold through May.

96. Stations must request STA approval for this relief in accordance
    with our existing filing procedures.[^291] We recognize, however,
    that stations will need a decision on such requests in time to make
    alternate transition plans should their request be denied.
    Therefore, stations should apply for this relief well in advance of
    the transition date, perhaps as early as Spring 2008, to allow
    sufficient time for Commission review and action. Stations must
    construct such intermediate facilities that would meet the service
    requirement by the transition date. Stations approved for this
    relief may remain at such intermediate facilities for no longer than
    six months after the transition date and will receive an extension
    of time to construct their full, authorized post-transition
    facilities for this period of time. Accordingly, these stations must
    begin operations on their full, authorized, final, post-transition
    (digital) channels no later than August 18, 2009. Stations that seek
    relief under this provision may only apply for expanded
    post-transition facilities if they will complete construction and
    commence operation on those facilities no later than August
    18, 2009. In addition to this relief afforded stations that can
    serve at least 85 percent of their viewers, we will consider on a
    case-by-case basis affording stations STA approval for some relief
    even if they cannot meet the 85 percent service requirement,
    provided they demonstrate that their circumstances warrant this
    additional flexibility. Such stations, however, would be allowed to
    remain at such intermediate facilities for no longer than necessary,
    which we expect in most cases would be no more than three to four
    months after the transition date.

97. [Special Relief for NCE and Small Market Stations]{.underline}. To
    provide additional regulatory relief for noncommercial educational
    ("NCE") and Small Market Stations (*i.e*., stations which are not a
    top-four network in markets 1-100),[^292] we will consider on
    case-by-case basis allowing these stations a reduced service
    requirement if their circumstances warrant this additional
    flexibility. We have provided these stations more flexibility
    throughout the transition. For example, they received a later
    use-or-lose deadline in the *Second DTV Periodic Report and Order*
    and we noted in the *Fifth Report and Order* the unique financial
    difficulties faced by NCE stations and reiterated our view that
    these stations will need, and warrant, special relief to assist them
    in the transition to DTV.[^293] NCE stations and small broadcasters
    urged the Commission to be sensitive to the problems of stations
    serving small markets, especially in light of our proposal to impose
    stricter financial hardship criteria for construction deadline
    extensions.[^294]

## Service Disruptions Necessitated by Construction of Post-Transition Facilities

98. In this section we provide stations with the flexibility to reduce
    or terminate existing analog or pre-transition digital service prior
    to the February 17, 2009 transition date where necessary to permit
    stations to finalize construction of their post-transition
    facilities. Commenters discussed a wide range of possible
    circumstances in which stations may need to reduce or terminate such
    existing service either temporarily or permanently in order to
    complete construction of final DTV facilities. For example, some
    stations may need to remove a top-mounted analog antenna on a tower
    in order to replace it with a permanent digital antenna at the top
    position.[^295] In other cases, a new antenna may need to be added
    to an existing tower, or an existing analog antenna may need to be
    altered for digital use.[^296] Some towers may be able to support
    the weight of additional antennas, while others may need to be
    strengthened before another antenna is installed or an existing
    antenna may have to be removed to make room for a new antenna. Some
    stations may be the only occupants of the tower on which the antenna
    is located, while other stations may share the tower with other
    television and radio stations and will need to coordinate tower work
    with these other stations. In some cases, stations may need to
    reduce service to allow construction to proceed, while in other
    cases service may need to be halted altogether for some period of
    time.[^297] Some of the service disruptions required to permit
    construction of final DTV facilities may be only temporary, while in
    other cases stations may need or prefer to cease analog or
    pre-transition digital service permanently for the remainder of the
    transition in order to finalize their post-transition facilities.

99. In general, commenters argued that, at this stage in the transition,
    the Commission should provide the maximum possible flexibility to
    stations to permit them to finalize construction of their
    post-transition facilities in a manner that best suits the station's
    particular circumstances. Our goal in this section is to provide
    stations with this flexibility, while still ensuring that viewers
    are not deprived of existing service except where necessary or
    clearly beneficial to permit the maximum number of stations to
    accomplish the transition by February 17, 2009. We discuss below
    four kinds of service disruptions that may take place to facilitate
    construction of final DTV facilities:

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(1) Temporary service disruptions (generally no more than 30 days);

(2) Permanent or extended (*i.e.*, more than 30 days) service reduction
    or termination of analog service before the transition date;

(3) Permanent or extended (*i.e.*, more than 30 days) service reduction
    or termination of pre-transition digital service before the
    transition date; and

(4) Permanent service reduction or termination of analog or
    pre-transition digital service 90 days before the transition date.

### Temporary Service Disruptions 

100. Under Section 73.1615 of the Commission's rules,[^298] stations may
     reduce or cease service temporarily without prior Commission
     approval in order to modify existing facilities. We clarify that
     stations may use this existing provision to temporarily reduce or
     cease existing analog or pre-transition digital service where
     necessary to facilitate construction of final post-transition
     facilities. Because this provision does not require prior
     Commission authorization, and does not require licensees to justify
     the need for the service disruption, this provision gives stations
     substantial flexibility to temporarily reduce or cease analog or
     digital service pre-transition.

101. Section 73.1615 provides that, where the licensee of an existing
     television station is in the process of modifying facilities as
     authorized by a construction permit, the licensee may discontinue
     operation or operate with temporary facilities, upon notification
     to the Commission, for a period of 30 days, in order to continue to
     provide program service.[^299] Where the station operates temporary
     facilities, including reduced facilities, such facilities should
     maintain as nearly as possible, but not exceed, the size of the
     presently licensed coverage area.[^300]

102. Stations must notify the Commission before commencing the temporary
     reduction or cessation of service, but do not need prior Commission
     approval.[^301] We will require that such notifications pursuant to
     Section 73.1615, when made for purposes of facilitating the
     conversion to DTV, be filed electronically through the CDBS[^302]
     and using the Informal Application filing form.[^303] The
     notifications should indicate clearly that they are being filed
     pursuant to Section 73.1615**,** and should indicate whether the
     request is to temporarily reduce or cease analog or digital
     service.

103. The flexibility accorded by Section 73.1615 is intended for service
     disruptions of 30 days or less. Some stations may use this
     provision to reduce or cease their analog or pre-transition digital
     service for 30 days or less, and then return to full service on the
     pre-transition channel for the remainder of the transition. Other
     stations may choose to permanently reduce or cease pre-transition
     service in the 30 days immediately preceding the transition date,
     in order to accomplish the transition, and then commence operation
     on the post-transition channel on the transition date. In both
     cases, the stations may use the flexibility provided by Section
     73.1615; however, for stations in the latter situation (*i.e.*,
     those permanently reducing or ceasing service in the 30 days
     immediately preceding the transition date) we will require that
     they comply with a viewer notification requirement (described
     below).[^304] Stations that seek to permanently discontinue
     operation or permanently operate with reduced facilities more than
     30 days before the transition date may not use Section 73.1615, but
     should instead apply under the procedures outlined below for
     permanent pre-transition analog or digital service reductions or
     terminations. In addition, stations that anticipate at the outset
     that the service reduction or termination will extend for more than
     30 days should use the procedures outlined below for permanent
     service reductions and terminations.

104. Where a licensee has filed a notification pursuant to Section
     73.1615 and, subsequently, determines that the reduction or
     termination of service must continue for a short period beyond 30
     days, the licensee may make an additional informal letter request
     to the Commission prior to the 30^th^ day.[^305] This second
     notification filed pursuant to Section 73.1615 must be filed in the
     same manner as the initial temporary service disruption
     notification[^306] and must explain why the service disruption
     should not be considered to be a long term or permanent service
     disruption requiring prior Commission approval.[^307]

105. Once an informal letter request is made pursuant to Section
     73.1615(c)(1), the licensee may then continue the service reduction
     or termination until notified otherwise by the Commission. In
     general, we anticipate that stations will use Section 73.1615(c)(1)
     to extend a temporary service reduction or cessation under Section
     73.1615 only when unexpected circumstances require a somewhat
     longer service disruption than initially anticipated. Stations will
     not be permitted to utilize the procedures set forth in Section
     73.1615 for service reductions or cessations that extend for a
     lengthy period beyond 30 days. If the service disruption continues
     substantially beyond 30 days, we may require the station to reapply
     under the procedures outlined below for permanent analog or digital
     service reduction or termination.[^308]

106. [Viewer Notification]{.underline}. We will require that stations
     filing a notification pursuant to Section 73.1615 to permanently
     discontinue operation or permanently operate with reduced
     facilities within 30 days of the transition date must notify their
     viewers on their pre-transition channel(s) (both analog and
     digital) about the planned permanent service reduction or
     termination and inform them about how they can continue to receive
     the station. Such notifications must occur every day on-air at
     least four times a day including at least once in primetime for the
     30 days prior to the planned permanent service reduction or
     termination.[^309] These notifications must include: (1) the
     station's call sign and community of license; (2) the fact that the
     station is planning to or has reduced or terminated its analog or
     digital operations before the transition date; (3) the date of the
     planned reduction or termination; (4) what viewers can do to
     continue to receive the station, *i.e.*, how and when the station's
     digital signal can be received;[^310] (5) information about the
     availability of digital- to-analog converter boxes in their service
     area; and (6) the street address, email address (if available), and
     phone number of the station where viewers may register comments or
     request information. We note that these viewer notifications are in
     addition to, and separate from, any notification requirements that
     we may adopt pursuant to our DTV Consumer Education
     Initiative.[^311]

### Analog Service Reduction and Termination

107. For stations needing long term or permanent reduction or
     termination (significantly more than 30 days), we adopt streamlined
     procedures to provide stations with the flexibility to permanently
     reduce or terminate their analog service before the transition date
     if necessary to achieve their transition.[^312] Specifically, we
     will permit a station to reduce or terminate its analog service
     before the transition date, provided the station satisfies the
     following two requirements:

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(1) The station demonstrates that its analog service reduction or
    termination is directly related to the construction and operation of
    its, or another station's, post-transition facilities; and

(2) The station notifies viewers on its analog channel about the planned
    service reduction or termination and informs them about how they can
    continue to receive the station, as detailed below.

Stations must obtain prior Commission approval in order to reduce or
terminate their analog service before the transition date. To allow the
Media Bureau sufficient time to process these requests, and to afford
viewers adequate time to obtain digital reception equipment, stations
should file these requests for STA approval at least 90 days in advance
of their planned service reduction or termination. Stations must file
these requests electronically through the CDBS using the Informal
Application filing form.[^313]

108. In light of the fast-approaching hard date for analog turn-off, the
     significant public interest in ensuring that stations meet the
     transition deadline now weighs in favor of permitting early
     reduction or termination of analog service where necessary to
     facilitate the transition. The procedures we adopt herein will
     provide stations with clear guidelines for how and when they may
     reduce and/or terminate their analog service early. At the same
     time, these procedures will ensure that viewers are informed about
     when they may lose analog service and what they can do to continue
     to view the station.

109. The record strongly favors affording stations the flexibility to
     permanently reduce and/or terminate their analog service before the
     statutory deadline if the station's technical facilities and the
     conditions in its market warrant such reduction or termination to
     complete their transition.[^314] We agree with commenters that, at
     this point in the DTV transition, some stations must be allowed to
     "wind-down" their analog service in order to meet the transition
     deadline.[^315] To be clear, we note that we are not requiring
     stations to reduce or terminate analog service early and expect
     that stations will not do so unless absolutely necessary to
     complete their transition.

110. [Background]{.underline}. The Commission's rules require stations
     to continue operating their existing licensed analog facilities
     until the statutory analog turn-off date.[^316] Moreover, the
     Commission generally has not favored reductions in television
     service.[^317] The Commission, however, has recognized that losses
     in service may be justified to facilitate a station's transition to
     DTV.[^318] For example, the Commission permits the early return of
     out-of-core (*i.e.*, TV channels 52-69) analog channels under
     certain circumstances in order to facilitate the DTV
     transition.[^319] In the *Third DTV Periodic Review NPRM*, the
     Commission recognized that stations may have a legitimate need to
     reduce or terminate their analog operations (even on in-core
     channels) before the transition date because such operations may
     impede construction and operation of post-transition (digital)
     facilities.[^320] We stated in the *Third DTV Periodic Review NPRM*
     that such circumstances may include (but are not limited to): (1)
     stations that need to reposition their digital and analog antennas
     before the end of the transition; (2) stations that need to add a
     third antenna to their tower but cannot do so without reducing or
     terminating analog service because the tower cannot support the
     weight of the additional transmission facilities; and (3) stations
     that are terminating analog service early as part of a voluntary
     band-clearing arrangement.[^321] The Commission, therefore,
     proposed to provide stations with the flexibility to permanently
     reduce and/or terminate their analog service if they satisfied
     certain criteria, *i.e.*, a six-factor public interest test.[^322]

111. Comments responding to the *Third DTV Periodic Review NPRM*
     discussed certain situations in which stations require the
     flexibility to reduce or terminate analog service early in order to
     complete their transition.[^323] For example, there are 49 stations
     with a documented side-mounted antenna problem.[^324] In order for
     the station to operate its top-mounted post-transition DTV
     facilities and accomplish its final transition, the station will
     have to relocate its analog antenna to another location on its
     tower and operate with reduced analog facilities.[^325] Other
     stations may have a tower at capacity preventing the installation
     of a third antenna on the tower. Therefore, the station will have
     to terminate its analog operations prior to the end of the
     transition in order to mount its post-transition DTV antenna.[^326]
     Some stations may be collocated on a shared tower and reduction or
     termination of analog operations may be necessary as the collocated
     stations coordinate the configuration of their final,
     post-transition facilities.[^327] Still other stations have
     equipment currently in use with their analog operations that they
     plan to use with their digital operations. This will necessitate
     the termination of their analog facilities prior to the transition
     so that the equipment can be reconfigured for use in their final,
     post-transition facilities. In addition, there may be other
     legitimate technical challenges, not anticipated at this time,
     which may warrant the flexibility of early analog service reduction
     or termination. We are persuaded by these real-world station
     examples of the necessity to afford stations regulatory flexibility
     in those types of circumstances.

112. While most commenters support giving stations the flexibility to
     reduce or terminate analog service before the transition date, they
     favor a "bright-line" test and streamlined approval or notification
     process, instead of the proposed six-factor public interest
     analysis.[^328] Commenters proposed a variety of different
     standards to permit flexible analog service reduction or
     termination. In their joint comments, MSTV and NAB assert that
     stations should be allowed to reduce analog service starting one
     year prior to the transition date (*i.e.*, February 17, 2008) and
     stations should be allowed to terminate analog service starting six
     months prior to the transition date (*i.e.*, August 17, 2008),
     provided stations notify the Commission within 15 days.[^329]
     Similarly, Tribune proposed allowing stations to reduce analog
     power temporarily by as much as 50 percent in the year leading up
     to February 17, 2009.[^330] LeSEA agreed with Tribune's approach
     provided the station is not a network affiliate.[^331] Disney
     proposes that the Commission presume that short term, reduced power
     operations are in the public interest. In other words, Disney urges
     the Commission to apply a rebuttable presumption to the request of
     any station returning to its analog channel whose proposed
     reduction/termination is directly related to the construction and
     operation of post-transition facilities and is necessary to ensure
     that the station can meet the transition deadline.[^332] Hoak and
     Granite suggest that the Commission employ two criteria: whether
     the termination/reduction (1) is directly related to the station's
     ability to complete construction of post-transition DTV facilities
     in a timely manner and (2) is as limited in nature and duration as
     reasonably necessary to accomplish the transition.[^333]

113. We are persuaded that our proposed six-factor test should be
     adjusted to provide additional flexibility at this stage in the
     transition. However, we disagree with the suggestion of MSTV/NAB
     and Tribune that we should permit all stations to elect to
     terminate or reduce analog service early, starting on dates
     suggested by these commenters, without justification. We find that
     stations should be granted broad flexibility to reduce or terminate
     analog service as needed to further a station's transition, but
     should not be granted blanket authority to reduce or terminate
     analog service without providing a legitimate reason why the action
     is necessary. We have an important responsibility as guardians of
     the public interest to ensure that stations show a legitimate need
     for an early analog reduction or termination. In addition, we must
     ensure that viewers are informed about any permanent loss of analog
     service. Accordingly, as discussed more fully below, we steer a
     middle course by adopting a procedure that provides certainty to
     broadcasters regarding when pre-transition analog reduction and
     termination will be permitted. We find that our reduced showing
     requirement will reduce the administrative burden on stations and
     eliminate the delays that can occur with a more detailed approval
     process during this critical time in the DTV transition.[^334]

114. [Commission Approval Process]{.underline}. Stations must obtain
     prior Commission approval in order to reduce or terminate their
     analog service before the transition date. Stations must file
     requests for such approval as a request for STA through the CDBS
     using the Informal Application filing form,[^335] and must indicate
     whether the request is either a service reduction or termination.
     Consistent with the handling of STA requests,[^336] stations will
     be notified of actions taken on their requests by Public
     Notice.[^337] We recognize that analog viewers must have adequate
     time to obtain digital equipment in advance of a station's early
     reduction or termination. We also must allow sufficient time for
     Commission review before stations commence notification to viewers.
     We believe that NTIA will process requests for coupons to subsidize
     the purchase of digital-to-analog converters in three weeks or
     less. Accordingly, stations must file requests for approval of
     analog reduction or termination at least 90 days in advance of
     their planned service reduction or termination to ensure that they
     can obtain timely Commission approval for their proposed actions.
     As discussed below, viewer notification must commence no fewer than
     60 days prior to reduction or termination of the analog signal. We
     caution stations that some requests may require additional
     processing time. In these situations, we will work with the station
     involved to discuss the options available to that station.

115. [Showing Required]{.underline}. We will permit stations to reduce
     or terminate their analog service before the transition date,
     provided: (1) They demonstrate that the analog service reduction or
     termination is directly related to the construction and operation
     of post-transition facilities, by either the station itself or by
     another station, and would ensure that the station, or another
     station, can meet the transition deadline; and (2) They notify
     viewers of the upcoming analog service loss (as discussed in detail
     below).[^338] Stations may not be permitted to reduce or cease
     analog service, where, among other possible reasons, the provision
     of public health and safety information is seriously affected or
     there are other public interest considerations that require that a
     station provide analog service. In addition, the showing should
     include all relevant information, including the station location,
     network affiliation if any, the circumstances requiring early
     reduction or termination of pre-transition digital service, and the
     number of viewers affected. This information will enable us to
     properly consider the impact of the service reduction or
     termination on the station's viewers, including the number of
     current viewers that will lose digital service, satellite and cable
     penetration, and the number and kind (network, independent, etc*.*)
     of other digital channels available to affected viewers.

116. The following are examples of situations where the service
     reduction or termination would be considered to be "directly
     related" to the construction and operation of post-transition
     facilities: (1) Stations that need to reposition their digital and
     analog antennas before the end of the transition; (2) Stations that
     need to add a third antenna to their tower but cannot do so without
     reducing or terminating analog service because the tower cannot
     support the weight of the additional transmission facilities; (3)
     Stations on a collocated tower that must coordinate a reduction or
     termination with other stations in order to configure their final,
     post-transition facilities; (4) Stations with equipment currently
     in use with their analog operations that they plan to use with
     their digital operations; and (5) Stations that must terminate
     operation on their analog channel in order to permit another
     station to construct its post-transition DTV facilities on that
     channel. We recognize, however, that there may be other legitimate
     situations where stations may be able to demonstrate that their
     planned service reduction or termination is directly related to the
     construction and operation of post-transition facilities and we
     will also consider these requests on a case-by-case basis.

117. [Viewer Notification]{.underline}. With respect to the required
     notification to stations' viewers, such notifications must occur
     every day on-air at least four times a day including at least once
     in primetime for the 60-day period prior to the planned service
     reduction or termination.[^339] These notifications must
     include: (1) the station's call sign and community of license; (2)
     the fact that the station is planning to or has reduced or
     terminated its analog or digital operations before the transition
     date; (3) the date of the planned reduction or termination; (4)
     what viewers can do to continue to receive the station, *i.e.*, how
     and when the station's digital signal can be received;[^340] (5)
     information about the availability of digital- to-analog converter
     boxes in their service area; and (6) the street address, email
     address (if available), and phone number of the station where
     viewers may register comments or request information. We note that
     these viewer notifications are in addition to, and separate from,
     any notification requirements that we may adopt pursuant to our DTV
     Consumer Education Initiative.[^341]

### Pre-Transition Digital Service Reduction and Termination

118. In addition to the temporary disruption rules and the long term or
     permanent analog reduction or termination, we will also provide
     stations that will be returning to their analog channel or moving
     to a new channel for post-transition operations with the
     flexibility to reduce or terminate existing digital service on
     their pre-transition DTV channels prior to the transition
     date.[^342] We are hopeful that the vast majority of stations
     currently providing digital service to the public on pre-transition
     DTV channels will continue to do so, until they convert to
     operations on their post-transition channel. However, we recognize
     that, in some instances, these stations may have to reduce or
     terminate their pre-transition digital service in order to complete
     the station's post-transition facilities. Thus, we provide
     flexibility to stations to reduce or terminate pre-transition
     digital service where a station can demonstrate that doing so is
     necessary to complete construction of, and commence operations on,
     its new post-transition channel. As discussed above, a station
     whose pre-transition digital channel is unbuilt and/or
     non-operational may choose to return the construction permit for
     that channel to the Commission and focus its efforts on
     construction of its post-transition channel.[^343]

119. The following options are available for stations that need to
     reduce or cease operation on their pre-transition DTV channel prior
     to the transition date:

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(1) As explained above, a station may, pursuant to Section
    73.1615,[^344] temporarily reduce or cease service a period of 30
    days or less, upon notification to the Commission and without prior
    approval, when necessary to complete construction of its
    post-transition facility;[^345]

(2) A station may choose to transition early to its post-transition
    channel by terminating operation on its pre-transition DTV channel
    and commencing service on its post-transition channel prior to the
    transition date;[^346] or

(3) A station may permanently reduce or terminate their pre-transition
    digital service before the transition date, provided it satisfies
    the following two requirements:

    a.  First, the station must demonstrate that its service reduction
        or termination is directly related to the construction and
        operation of its, or another station's, post-transition
        facilities; and

    b.  Second, the station notifies viewers on its pre-transition
        channel(s) about the planned service reduction or termination
        and informs them about how they can continue to receive the
        station.

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120. In general, our goal is to ensure the continuation of digital
     service that is now being provided to viewers. However, a
     substantial number of commenters responding to the *Third DTV
     Periodic Review NPRM* stated that the Commission should provide the
     maximum possible flexibility to stations to permit them to
     accomplish the transition in the manner that best suits the
     station's particular circumstances.[^347] We agree with MSTV/NAB
     that stations generally will be reluctant to terminate their new
     digital services at a time when they are trying to establish a
     digital audience,[^348] and, therefore, stations will only take
     advantage of this option where necessary to finalize
     post-transition facilities.[^349] While we are concerned about
     reducing digital service to the public pre-transition, we recognize
     that doing so may be the best, or only, possible approach to
     achieving a successful and timely transition.

#### Termination of Digital Service on Pre-Transition Channel When Associated with Early Digital Operation on Post-Transition Channel

121. We adopt our proposal in the *Third DTV Periodic Review NPRM*[^350]
     to allow stations that will use a different DTV channel for
     post-transition operations to cease operations on their
     pre-transition DTV channels and begin operating on their new
     channels before the transition date. Specifically, a station will
     be permitted to transition early if the following requirements are
     met:

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(1) The early transitioning station must not cause impermissible
    interference to another station; and

(2) The early transitioning station must continue to serve its existing
    viewers for the remainder of the transition and commence its full,
    authorized post-transition operations on February 18, 2009.

    The record supports the allowance of early post-transition
    operations, although (as previously discussed above[^351]) some
    commenters oppose any accompanying restrictions on stations' ability
    to reduce or terminate pre-transition television service.[^352] We
    agree that early transitions will advance and facilitate the
    transition by freeing engineering and construction resources for
    those stations building later.[^353] For example, MSTV/NAB states
    that early post-transition operations may advance the transition by
    setting in motion "daisy-chains" of early transitions, *i.e.*, as
    channels are vacated by the departing station they will be freed-up
    for the incoming stations.[^354] Stations interested in commencing
    early post-transition operations should indicate their intent to do
    so in their construction permit or modification applications for
    post-transition facilities.[^355]

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122. We will permit early transitioning stations to operate at
     facilities that are less than their full, authorized facilities
     until the date of their construction deadline, at which date these
     stations must commence their full, authorized post-transition
     operations. MSTV/NAB suggest that we require early transitioning
     stations to serve only their respective communities of license
     during the transition period.[^356] We disagree with MSTV/NAB that
     market factors alone will protect against viewer disenfranchisement
     and find that, absent a showing of good cause, stations must
     maintain current digital service to consumers, who have prepared
     for the transition and will expect to continue to receive such
     service. Broadcasters seeking to commence early post-transition
     operations must indicate in their applications for post-transition
     facilities whether such operations will result in a loss of their
     own analog or digital service.[^357]

123. [Interference Criteria]{.underline}. We adopt our proposal in the
     *Third DTV Periodic Review NPRM*[^358] to require that early
     transitioning stations comply with both the current interference
     standard[^359] and the interference standard we adopt here for
     post-transition operations.[^360] Accordingly, early transitioning
     stations must not cause more than 2.0 percent interference to any
     authorized analog or pre-transition DTV station (with a 10 percent
     limit on cumulative interference) and must meet the post-transition
     protection standard (0.5 percent additional interference to
     Appendix B facilities for all stations).

#### Termination of Digital Service on Pre-Transition Channel When Associated with Flash-cut 

124. For stations needing long term or permanent reduction or
     termination (significantly more than 30 days), we adopt streamlined
     procedures to provide stations with the flexibility to permanently
     reduce or terminate their pre-transition digital service before the
     transition date if necessary to complete their transition.[^361]
     The Commission has previously granted general approval for
     satellite stations and most stations with an out-of-core DTV
     channel to terminate pre-transition digital service and transition
     directly from their analog to their post-transition digital channel
     (*i.e.*, "flash cut" approval).[^362] We will continue to permit
     these stations to seek flash cut approval under those existing
     standards. For all other stations seeking Commission approval for
     reduction or termination of pre-transition digital service, we will
     permit a station to reduce or terminate its pre-transition digital
     service before the transition date in the same manner adopted for
     approving an analog service reduction or termination.[^363]
     Accordingly, we will permit a station to permanently reduce or
     terminate their pre-transition digital service before the
     transition date, provided the station satisfies the following two
     requirements:

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(1) The station demonstrates that its pre-transition digital service
    reduction or termination is directly related to the construction and
    operation of its, or another station's, post-transition facility;
    and

(2) The station notifies viewers on its pre-transition channel(s) about
    the planned service reduction or termination and informs them about
    how they can continue to receive the station.

Stations must obtain prior Commission approval in order to reduce or
terminate their pre-transition digital service before the transition
date. To allow the Media Bureau sufficient time to process these
requests, stations should file these requests for STA approval at least
60 days in advance of their planned service reduction or termination.
Stations must file these requests electronically through the CDBS using
the Informal Application filing form.[^364] We expect that stations that
will reduce or terminate their pre-transition digital service will
commence early post-transition operations if possible.

125. [Background.]{.underline} 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.[^365] As the Commission noted,
     the potential public interest benefits of allowing stations to
     flash cut 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.[^366] 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.[^367] 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.[^368] 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.[^369] 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,[^370] 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).[^371] 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.[^372] In April
     2007, the Media Bureau released the *Flash Cut PN* inviting any
     station to flash cut if it meets the criteria established in the
     *Second DTV Periodic Report and Order.*[^373]

126. In the *Third DTV Periodic Review NPRM*, the Commission invited
     comment on whether we should expand the range of circumstances in
     which we would accept new requests by stations to return their
     pre-transition DTV channel (*i.e.*, a DTV channel that is not their
     final, post-transition channel) before the end of the transition
     and "flash cut" at or before the transition deadline from their
     current analog channel to their post-transition channel.
     Specifically, we sought comment on whether the following factors
     should be considered in evaluating flash cut requests: (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.

127. Commenters responding to the *Third DTV Periodic Review NPRM*
     generally argued that, at this point in the transition, we should
     provide flexibility to stations that want to return their
     pre-transition DTV channel and flash-cut directly from analog to
     digital operation on the post-transition channel.[^374] NAB/MSTV
     argued that the flash cut option should be made available to all
     stations during the last six months of the DTV transition, provided
     the station notifies the Commission within 15 days of terminating
     service.[^375] NAB/MSTV also argued that the Commission should not
     establish a "complicated factor test" for approving flash
     cuts.[^376] While we agree that the flash-cut option should be made
     available to more stations, as our approach adopted herein does, we
     disagree with NAB/MSTV that any station should be permitted to
     flash-cut six months prior to the transition deadline. A station
     that seeks to flash cut seeks to terminate its pre-transition
     digital service. While there may be situations where stations must
     cease service on a pre-transition channel in order to complete
     post-transition service, we are not prepared to permit stations
     (other than satellite or operating out-of-core) to terminate
     pre-transition digital service absent a compelling reason. As the
     transition deadline nears, viewers should - and will - become
     increasingly reliant on receiving digital service. Permitting
     stations to cease digital service as the transition nears, absent
     compelling circumstances, could undermine viewer expectations and
     the success of the transition itself.

128. [Existing Flash Cut Authority for Satellite Stations and Stations
     With An Out-of-Core DTV Channel]{.underline}. As we stated in the
     *Third DTV Periodic Review NPRM*, stations may continue to seek
     flash cut approval pursuant to the *Second DTV Periodic Report and
     Order* and *Flash Cut PN*.[^377] Thus, satellite stations may still
     flash cut upon simple notification to the Commission.[^378]
     Stations with an out-of-core DTV channel may either take advantage
     of our existing flash cut approval for these stations, as adopted
     in the *Second DTV Periodic Report and Order* and *Flash Cut PN*,
     or may seek approval under the new test described herein that
     applies to all non-satellite stations.[^379]

129. In an effort to provide additional flexibility to out-of-core
     stations, we adopt our proposal[^380] to extend the current
     band-clearing "rebuttable presumption" favoring band-clearing
     arrangements for stations on TV channels 59-69 to cover the
     requests of all out-of-core stations (*i.e.*, TV channels 52-69).
     The comments addressing this issue support adoption of our
     proposal.[^381] 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.[^382] 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.[^383] Previously, the Commission's 700 MHz band-clearing
     policies have differed 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.[^384] We find that
     this disparate band-clearing treatment with respect to stations in
     the lower 700 MHz band (*i.e.*, TV channels 52-58) is no longer
     appropriate. We agree with MSTV/NAB that the presumptive standard
     currently applied to band clearing arrangements on channels 59-69
     should be applied immediately to all band-clearing proposals.[^385]
     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.[^386] We find that extension
     of the band-clearing policy is appropriate to facilitate the
     clearing of the 700 MHz band in anticipation of the Commission's
     upcoming auction of licenses for services in the 700 MHz band
     (698-806 MHz) scheduled to begin on January 24, 2008.[^387] We will
     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.[^388] As requested by
     MSTV/NAB,[^389] we clarify that, to the extent a station seeks to
     terminate analog service on its out-of-core channel in accordance
     with the procedures established above, the station will not also be
     required to make a showing regarding the "rebuttable presumption"
     applicable to band-clearing arrangements.

130. [Commission Approval Process]{.underline}. Stations must obtain
     prior Commission approval in order to reduce or terminate their
     pre-transition digital service before the transition date. Stations
     must file requests for such approval as a request for STA through
     the CDBS using the Informal Application filing form,[^390] and must
     indicate whether the request is either a service reduction or
     termination. Consistent with the handling of STA requests,[^391]
     stations will be notified of actions taken on their requests by
     Public Notice.[^392] We encourage stations to file these requests
     at least 60 days in advance of their planned service reduction or
     termination to ensure that they can obtain timely Commission
     approval for their proposed actions. We caution stations that some
     requests may require more than 60 days of processing time. In these
     situations, we will work with the station involved to discuss the
     options available to that station.

131. [Showing Required]{.underline}. For stations not otherwise eligible
     for flash-cut approval, we will permit stations to reduce or
     terminate their pre-transition digital service before the
     transition date, provided: (1) They demonstrate that the
     pre-transition digital reduction or termination is directly related
     to the construction and operation of post-transition facilities, by
     either the station itself or by another station, and would ensure
     that the station, or another station, can meet the transition
     deadline; and (2) They notify viewers of the upcoming
     pre-transition digital loss (as discussed in detail below).[^393]
     Stations may not be permitted to reduce or terminate their
     pre-transition digital service, where, among other possible
     reasons, the provision of public health and safety information is
     seriously affected or there are other public interest
     considerations that require that a station provide analog service.
     In addition, the showing should include all relevant information,
     including the station location, network affiliation if any, the
     circumstances requiring early reduction or termination of
     pre-transition digital service, and the number of viewers affected.
     This information will enable us to properly consider the impact of
     the service reduction or termination on the station's viewers,
     including the number of current viewers that will lose digital
     service, satellite and cable penetration, and the number and kind
     (network, independent, etc*.*) of other digital channels available
     to affected viewers. In addition, stations must explain why they
     cannot commence digital operation early on their post-transition
     channel (early transition) in order to continue to provide digital
     service to viewers.

132. [Viewer Notification]{.underline}. With respect to the required
     notification to stations' viewers, such notifications must occur
     every day on-air at least four times a day including at least once
     in primetime for the 30-day period prior to the planned service
     reduction or termination.[^394] These notifications must
     include: (1) the station's call sign and community of license; (2)
     the fact that the station is planning to or has reduced or
     terminated its analog or digital operations before the transition
     date; (3) the date of the planned reduction or termination; (4)
     what viewers can do to continue to receive the station, *i.e.*, how
     and when the station's post-transition digital signal can be
     received;[^395] and (5) the street address, email address (if
     available), and phone number of the station where viewers may
     register comments or request information. We note that these viewer
     notifications are in addition to, and separate from, any
     notification requirements that we may adopt pursuant to our DTV
     Consumer Education Initiative.[^396]

### Service Reductions or Terminations 90 Days Before the Transition Date

133. As an exception to the approval process described above for
     permanent service reductions and terminations,[^397] we instead
     adopt a streamlined notification procedure for stations planning a
     permanent service reduction or termination (analog or digital)
     within 90 days of the February 17, 2009, transition date (*i.e.*,
     beginning on or after November 19, 2008). We find that a more
     relaxed notification procedure is more appropriate than the
     approval process established above to provide stations with
     additional flexibility as we approach the transition date.[^398] As
     discussed in detail above,[^399] the record amply favors affording
     stations this additional flexibility so close to the end of the
     transition. Therefore, we will permit a station to reduce or
     terminate its analog or digital service within 90 days before the
     transition date by filing a notification with the Commission. The
     notification must be filed 30 days in advance of the planned
     service reduction or termination and must include a showing that
     the service reduction or termination is necessary for purposes of
     the transition. Although we will not require prior Commission
     approval, stations must notify their viewers on their
     pre-transition channel(s) (analog and digital) about the planned
     service reduction or termination and inform them about how they can
     continue to receive the station. Like the Section 73.1615
     notifications, stations must file these notifications
     electronically through the CDBS using the Informal Application
     filing form.[^400]

134. [Viewer Notification]{.underline}. We will require stations filing
     a notification with the Commission regarding permanent reduction or
     termination within 90 days of the transition date to notify their
     viewers on their pre-transition channel(s) (both analog and
     digital) about the early service reduction or termination and
     inform them about how they can continue to receive the
     station.[^401] Such notifications must occur every day on-air at
     least four times a day including at least once in primetime for the
     30-day period prior to the planned service reduction or
     termination. These notifications must include: (1) the station's
     call sign and community of license; (2) the fact that the station
     is planning to or has reduced or terminated its analog or
     pre-transition digital operations before the transition date; (3)
     the date of the planned reduction or termination; (4) what viewers
     can do to continue to receive the station, *i.e.*, how and when the
     station's digital signal can be received;[^402] (5) information
     about the availability of digital- to-analog converter boxes in
     their service area; and (6) the street address, email address (if
     available), and phone number of the station where viewers may
     register comments or request information. We note that these viewer
     notifications are in addition to, and separate from, any
     notification requirements that we may adopt pursuant to our DTV
     Consumer Education Initiative.[^403]

## Applications to Construct or Modify DTV Facilities

135. As we stated in the *Third DTV Periodic Review NPRM*, stations that
     need to request authority to construct or modify their
     post-transition facilities must file construction permit (CP) or
     modification applications.[^404] Commercial stations that need to
     construct or modify their post-transition facilities must file FCC
     Form 301 for a minor modification[^405] and submit the appropriate
     fee.[^406] Noncommercial educational (NCE) stations must file FCC
     Form 340. We received no comments on our proposed revised FCC Forms
     301 and 340, and we adopt those revised forms as proposed. These
     forms will be available following their approval by the Office of
     Management and Budget (OMB).

136. [Stations Whose Post-Transition Channel is Different From Their
     Pre-Transition DTV Channel]{.underline}. Stations whose pre- and
     post-transition DTV channels are different may begin filing their
     applications for a CP on the final DTV channel following the
     effective date of this Report and Order. As discussed below, these
     stations may qualify for expedited processing of their CP
     applications.

137. [Stations Whose Post-Transition Channel is the Same as Their
     Pre-Transition DTV Channel]{.underline}. Stations whose pre- and
     post-transition DTV channels are the same fall into three
     categories. First, some of these stations may not have a licensed
     DTV facility or CP to construct a facility that matches the final
     DTV Table Appendix B and the station wants to construct the
     facility listed in Appendix B for that station's post-transition
     operation. Such stations must file an application to modify their
     authority on their current DTV channel, and we encourage these
     stations to file immediately.[^407] As these stations already have
     a CP for their final post-transition channel, they do not need to
     wait for the effective date of this Report and Order or the rules
     adopted herein to file a modification application, and will get
     more rapid processing if we receive their applications before
     stations that are changing channels file their applications.[^408]

138. Second, some stations whose pre- and post-transition DTV channels
     are the same may want to request changes to Appendix B as adopted
     in the *Seventh Report and Order* to match their existing facility.
     In such circumstances, we expect that these stations should have a
     petition for reconsideration of the *Seventh Report and Order*
     pending, which we will address in a separate proceeding.[^409] If a
     station has completed construction of the facility it intends to
     operate after the transition, it does not need to file an
     application at this time.[^410]

139. Third, there are some stations that already have a license to
     operate or a CP to construct their post-transition channel that
     matches the facility specified in the new DTV Table Appendix B for
     that station. These stations do not need to file any additional CP
     applications. These stations are building their post-transition
     facilities on the CPs granted for pre-transition operation. Once
     these stations have completed construction and have begun operating
     pursuant to program test authority, they must file an application
     for a license to cover (FCC Form 302).[^411]

### Expedited Processing

140. As we stated in the *Third DTV Periodic Review NPRM*, 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.[^412] To ensure that they meet
     this deadline, stations should file their applications as soon as
     possible in order to have the maximum time to order equipment and
     build their facilities. In order to provide further incentive for
     stations to timely file applications for their post-transition
     facilities, we hereby adopt our proposal to provide expedited
     processing for certain stations that timely apply for a
     construction permit to build their post-transition channel.[^413]
     Specifically, we will provide expedited processing (generally
     within 10 days) to a station whose application demonstrates all
     three of the following requirements:

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(1) The application does not seek to expand the station's facilities
    beyond its final post-transition DTV Table Appendix B
    facilities;[^414]

(2) The application specifies facilities that match or closely
    approximate the 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 are
    no more than five percent smaller than its facility specified in
    Appendix B facilities with respect to predicted population); and

(3) The application is filed within 45 days of the effective date of
    this Report and Order, pending OMB approval.

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141. In general, the commenters agreed that expedited processing of
     applications is important to ensure that stations can meet the
     transition deadline.[^415] We find that setting an application
     filing deadline for expedited processing of 45 days after the
     effective date of this Report and Order will give stations time to
     prepare for these filings.[^416] We anticipate that we will be able
     to process qualified applications expeditiously, generally within
     10 days of filing. We remind stations that expedited processing
     does not necessarily mean that the application will be
     granted.[^417] Applications that receive expedited review but that
     are not readily grantable by the Commission will require further
     action by the station.[^418]

142. Some commenters proposed that we designate additional categories of
     stations that would be eligible for expedited processing.
     Specifically, APTS argues that we should provide expedited
     processing to stations with Congressionally-authorized funding that
     is contingent upon the receipt of a construction permit.[^419] In
     addition, West Virginia Media Holdings suggests that we provide
     expedited processing to stations moving to a different
     post-transition channel.[^420] We note that the criteria and
     procedures we adopt today encompass a broader group of stations
     than the categories identified by APTS and West Virginia Media
     Holdings and will provide relief both to these stations as well as
     others that may need expedited application processing.

143. A number of stations proposed that we further streamline our
     procedures by adopting a one-step application process for certain
     stations. For example, MSTV/NAB propose that, where the proposed
     facilities conform to Appendix B, the Commission should not require
     a construction permit application but instead should only require
     an application for license.[^421] MSTV/NAB maintain that this
     proposal would streamline the current "two-step" construction
     permit/license process and would minimize administrative
     burdens.[^422] Norwell Television LLC also proposes a "one-step"
     licensing process for stations whose post-transition DTV facilities
     are identical (in channel, location, height, and power) to those
     specified in Appendix B.[^423] APTS proposes a similar measure.
     APTS suggests that, for stations whose signal does not reach beyond
     the service contour specified in Appendix B, the station should not
     be required to file a modification application even if its
     facilities do not precisely match those in Appendix B.[^424] APTS
     states that this procedure would permit the Commission to focus its
     efforts on the needs of stations changing channels and those that
     do not yet have construction permits or licenses, and would prevent
     stations from expending scarce resources to make unnecessary
     changes.[^425]

144. Upon careful consideration, we find that the procedures suggested
     by MSTV/NAB, Norwell, and APTS pose more potential risk than might
     be warranted by the potential benefit. Under these suggested
     approaches, a station could make modifications to its final DTV
     facility and begin operating that facility without prior
     authorization from the Commission and then report the changes on
     its license application. We continue to believe that the best
     policy is for a station to first obtain approval of its modified
     facilities prior to initiating operation. Otherwise, a station
     could modify its facility, begin operating without prior approval,
     and cause harmful interference to existing broadcast stations,
     stations in other services such as mobile operations, and to
     medical devices.[^426] Although, as MSTV/NAB reminds us,[^427]
     Congress amended Section 319 to provide the Commission with the
     discretion to allow for one-step licensing, we have exercised this
     discretion and allowed this procedure only in cases where the
     potential for interference was much smaller.[^428] For example, we
     permitted one-step licensing for FM stations that were proposing to
     reduce their power from a level previously authorized.[^429]
     Similarly, we permitted one-step licensing in the Instructional
     Television Fixed Service where the power levels involved were much
     lower and the potential for interference much smaller.[^430] We do
     not find such factors in this case. Furthermore, departing from our
     long-standing "two-step" process is not necessary in this case as
     it will not help to greatly expedite the final DTV transition. If a
     station completes its final DTV facilities pursuant to a
     previously-issued construction permit and finds that it needs to
     make last-minute changes, that station may avail itself of our
     expedited processing procedures and expect a quick evaluation of
     its application. We find that the procedures we adopt today will
     provide stations that need to make changes to their facilities more
     than enough time to complete their final DTV facilities even if
     last-minute corrective filings are necessary.

145. In response to the comments of Broadcasting Company of
     Sarasota,[^431] we note that the Commission currently accepts
     electronically-filed requests for STA through our CDBS database and
     will continue to do so.[^432] Generally, the Commission has
     notified stations of action on their STA requests by mail; however,
     to speed the process as suggested by Broadcast Company of
     Sarasota,[^433] we may also contact stations by telephone or email,
     with confirmation of Commission action via entries in the station's
     CDBS records.

146. Finally, a number of commenters suggested that the Commission
     expedite application processing by approving applications where the
     proposed service contour does not exceed the contour predicted by
     the Appendix B facility by more than a certain amount.[^434] These
     proposals are discussed in Section V.E., *infra* (Expanding
     Facilities).

### Program tests/License to Cover CP

147. As we stated in the *Third DTV Periodic Review NPRM*,[^435]
     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[^436] and coordinate with any affected stations
     prior to the time of testing. Each station is responsible for
     determining which other stations may be affected and coordinate
     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,[^437]
     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.[^438]

## Expanding Facilities

148. We announce our intent to lift the freeze on the filing of
     maximization applications on August 17, 2008, the date by which we
     expect to have completed processing stations' applications to build
     their post-transition facilities.[^439] Until this date, we will
     maintain the freeze and will not accept maximization applications
     to expand facilities. We will, nevertheless, consider requests to
     waive the freeze before August 17, 2008 in certain specified
     situations to provide for minimally expanded facilities where
     necessary to ensure that stations can serve their existing
     television viewers with their post-transition facilities, thereby
     meeting viewers' over-the-air reception expectations after the
     transition date.

149. 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.[^440] Stations, however, were not
     allowed to seek facilities that would expand their coverage areas
     beyond that provided by their allotted facilities or authorized by
     a license, CP or STA.[^441] The filing freeze precluded such
     expansion to provide a stable database for developing the
     post-transition DTV Table.[^442]

150. [Maximization Applications]{.underline}. We adopt our tentative
     conclusion in the *Third DTV Periodic Review NPRM* to not accept
     maximization applications until we have processed all stations'
     post-transition applications, as authorized by the post-transition
     DTV Table.[^443] We find 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. Several commenters have urged us to lift the freeze
     immediately and express concern about investing in equipment
     without knowing if and when they can maximize.[^444] In addition,
     they say that retrofitting their equipment later to maximize could
     be prohibitively expensive, thereby potentially limiting service to
     the public, particularly by public stations if they cannot afford
     to maximize later.[^445] We find, however, that processing
     maximization applications at this time would slow the resolution of
     stations' applications to construct final DTV facilities. For
     example, such applications could be mutually exclusive, which would
     result in a delay of several weeks or months. This delay would
     prevent us from resolving applications needed for stations to build
     their post-transition facilities. In addition, we find that
     allowing stations that are filing applications to construct
     post-transition facilities to propose expanded facilities would
     also be unfair to stations that have completed building their
     post-transition facilities and, therefore, are not filing
     applications now but might also want to expand their existing
     facilities. Therefore, before we consider maximization requests,
     which may cause interference to viewers accustomed to receiving
     service from particular stations, we conclude that we must first
     establish the initial DTV landscape and preserve existing service
     patterns to the extent possible.

151. [Filing Freeze Waiver Policy]{.underline}. We adopt a waiver
     policy, based on a proposal by MSTV/NAB,[^446] that will permit
     rapid approval of minor expansion applications filed by stations
     that are not using their pre-transition DTV channel for
     post-transition operation, provided the station demonstrates that
     such expansion:

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(1) Would allow the station to use its analog antenna or a new antenna
    to avoid a significant reduction in post-transition service from its
    analog service area;

(2) Would be no more than five miles larger in any direction than their
    authorized service area, as defined by the post-transition DTV Table
    Appendix B; and

(3) Would not cause impermissible interference, *i.e.*, more than 0.5
    percent new interference, to other stations.[^447]

Many commenters requested this relief, arguing that such relief was
necessary to avoid a significant service loss to existing viewers.[^448]
We agree with MSTV/NAB that we should generally permit stations to
expand up to five miles in any direction beyond their authorized service
area. While we generally will not permit more than 0.5 percent new
interference, we will consider on a case-by-case basis allowing stations
to cause additional new interference if stations can demonstrate that
they need this additional flexibility to serve their analog
viewers.[^449] Consistent with our existing rules,[^450] we will also
consider on a case-by-case basis stations' negotiated interference
agreements provided these agreements are consistent with the public
interest.

152. We find that this waiver policy will allow added flexibility for
     stations that wish to use their existing analog channel antenna,
     which provides benefits for the successful completion of the
     transition by reducing the demands on equipment suppliers and
     installation crews during a critical time as the transition date
     nears. This waiver policy addresses the concerns of those stations
     returning to their analog channel that may face significantly
     reduced facilities if some minimal expansion is not
     permitted.[^451] For example, Tribune and Allbritton argue that
     many stations returning to their analog channels for
     post-transition operation plan to use their analog antennas but
     face the prospect of significant service losses because the
     "unbuildable, theoretical pattern" in Appendix B does not match the
     analog antenna pattern.[^452] As previously discussed, several
     stations that faced this problem filed comments in our DTV Table
     proceeding. In the *Seventh Report and Order*, we permitted these
     stations to change their 2004 certifications and, thus, revised
     these stations' post-transition DTV Table Appendix B facilities to
     reflect their constructed final DTV facilities.[^453] Many more
     stations have since filed petitions for reconsideration of the
     *Seventh Report and Order* to obtain this same relief.[^454] We
     expect that we can provide the same relief to most of these
     stations as well. For those stations that cannot be fully
     accommodated with a change to their post-transition DTV Table
     Appendix B facilities (*e.g.*, stations that failed to request
     reconsideration of their post-transition DTV Table Appendix B
     facilities), we expect that this waiver policy should address their
     situations. In addition, this waiver policy should address many of
     the other concerns raised by commenters in seeking exemption from
     the freeze.[^455] Applications filed to maximize facilities
     pursuant to this waiver policy will not receive expedited
     processing, but these applications will be processed before the
     freeze is lifted and new maximization applications are accepted.

153. [Filing Freeze to be Lifted August 17, 2008]{.underline}. We adopt
     the proposal of MSTV/NAB and others to set a date certain that is
     before the end of the transition for when we will lift the filing
     freeze and begin accepting stations' applications to maximize
     post-transition facilities and serve more viewers.[^456]
     Accordingly, we establish August 17, 2008 as that date.[^457] By
     this date, we expect to have completed processing all stations'
     applications for post transition facilities and, therefore find
     that we could then provide this opportunity for stations to expand
     their facilities and serve more viewers, possibly before the
     transition date. We agree with MSTV/NAB that establishing a date
     certain for lifting the freeze will assist stations in their
     post-transition plans.[^458] It is clear from the comments that
     many stations are eager to expand their facilities (beyond those
     specified in the post-transition DTV Table Appendix B) to serve
     more viewers.[^459] Stations' new channel assignments 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. We expect that lifting the freeze six
     months before the transition date will enable many stations to
     conserve resources by purchasing equipment that anticipates the
     maximization of their facilities.[^460] Nevertheless, we will not
     accept future maximization as an excuse from stations not to file
     applications now nor to delay construction of their full,
     authorized facilities by their construction deadline. No commenter
     objected to the proposals to set a date to lift the freeze prior to
     the end of the transition.

154. [Processing of Maximization Applications]{.underline}. Maximization
     applications will be processed in accordance with our existing
     rules.[^461] While we will accept maximization applications after
     the freeze is lifted, such applications may not be processed in
     time for stations to build these new maximized facilities by their
     construction deadline. Stations with a pending maximization
     application on file are warned that such filing will not be
     considered a legitimate excuse for failing to build their full,
     authorized post-transition (DTV Table Appendix B) facilities by
     their construction deadline.

## Post-Transition Interference Standards and Analysis Methodology

155. We are generally adopting the interference standards as proposed in
     the *Third DTV Periodic Review NPRM*, with adjustments based on the
     record. In brief, we adopt the following standards for evaluating
     post-transition interference:

-   We will permit stations a limit of 0.5 percent new interference in
    addition to that in the DTV Table Appendix B. We will evaluate
    stations' applications to construct post-transition facilities using
    an engineering criteria based requirement (limiting the predicted
    interference that a station may cause to a protected station's
    service population) instead of using a geographic spacing
    requirement.

-   We will discontinue the 10 percent cap on total interference.

-   We will continue to evaluate requests for new DTV allotments using
    the DTV-to-DTV geographic spacing requirements contained in Section
    73.623(d).

-   For approximately a year after lifting the filing freeze, we will
    protect all stations' DTV Table Appendix B facilities, after which
    we will protect each station's new DTV Table Appendix B facilities'
    coverage only until the station 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 will revise the OET 69 interference analysis methodology to make
    the results more accurate and ensure consistent methodology.
    Specifically, we adopt the use of 2000 census data for use in all
    applications and we adopt a limited set of cell sizes, which include
    2 km, 1 km, and 0.5 km.

-   We will eliminate the 1 dB power reduction requirement for UHF
    stations that use more than 1 degree of antenna beamtilt.

156. [Interference Criteria for Applications]{.underline}. Commenters
     generally agreed with our proposal to use engineering criteria
     instead of geographic spacing for cases involving applications;
     however there was widespread difference of opinion over how strict
     the criteria should be.[^462] In the *Third DTV Periodic Review
     NPRM*, we proposed an absolute 0.5 percent interference standard
     for requests to modify post-transition facilities. In the proposal,
     stations whose Appendix B allotments are already predicted to cause
     more than 0.5 percent interference to another station would not be
     allowed to expand beyond the amount of interference that would be
     caused by their allotment.

157. A study by du Triel, Lundin & Rackley, Inc (dLR) found that 50
     percent of all VHF allotments already cause more than 0.5 percent
     interference and 40 percent of all VHF allotments already cause
     more than 1.0 percent interference, so that an absolute 0.5 percent
     limit would prevent many stations from expanding at all.[^463]
     MSTV/NAB noted that a number of commenters argue that the FCC
     should apply the proposed 0.5 percent standard by using the DTV
     Table Appendix B facilities as a baseline so that stations would be
     permitted to create no more than 0.5 percent additional
     interference beyond the level authorized in the DTV Table Appendix
     B.[^464] MSTV/NAB support this approach on the grounds that it will
     ensure that stations have sufficient flexibility to expand or
     modify facilities, but will prevent substantial increases in
     interference between stations.[^465] Several other commenters wrote
     that the proposed 0.5 percent interference standard may be too
     strict and proposed alternate standards. Upper Cumberland Broadcast
     Council (UCBC) would permit up to 2 percent interference.[^466]
     Multicultural Television Broadcasting (MTB) supports a limit of 1
     percent with no rounding and the masking of other stations taken
     into account and asks that we permit minor modifications where the
     increase in existing interference is less than or equal to 0.1
     percent.[^467] Khanna & Guill Inc. proposed an alternative that
     would limit interference to small service areas to no more than
     1,000 people and to large service areas to no more than 50,000
     people.[^468]

158. For purposes of the channel election process, the Commission
     generally applied the 0.1 percent interference standard to minimize
     as much as possible any interference as a result of a station
     moving to its analog channel for post-transition operation, rather
     than remaining on its pre-transition digital channel for
     post-transition service.[^469] For stations that had to change
     channels for post-transition operation, *e.g.*, because their
     digital channel was out-of-core, we allowed up to 2.0 percent
     interference. We conclude that after the transition, the stringent
     0.1 percent standard for interference protection used to facilitate
     the development of the post-transition DTV Table will no longer be
     needed. In the post-transition environment, all stations will have
     channels that will allow them to adequately serve their viewers. We
     also find that it is now reasonable and desirable to afford
     stations opportunities to modify their service areas to improve
     service to viewers. We further recognize that in order to provide
     such opportunities, stations will need the flexibility to cause a
     small amount of new interference to neighboring stations. The
     interference standard we proposed and are adopting in this Report
     and Order will allow stations to request modifications to improve
     their service areas that would cause a small amount of new
     interference to other stations. We find that the benefits of
     improving station service in such cases will outweigh the very
     small amount of additional interference that will be permitted
     under the 0.5 percent standard.

159. In addition, we agree with the majority of commenters that new
     interference under the 0.5 percent standard should be evaluated
     using the DTV Table Appendix B allotments as a baseline in
     interference calculations. In contrast, as indicated by the dLR
     study, an absolute interference limit would preclude many stations
     from having the flexibility to modify their facilities. Even
     increasing the absolute interference limit to 1.0 percent as
     suggested by UCBC would still preclude 40 percent of VHF stations
     from having such flexibility, and using a higher interference limit
     would potentially subject stations to large amounts of new
     interference. Therefore, to provide an opportunity for at least
     modest modifications, we will allow stations to cause up to 0.5
     percent new interference, in addition to interference reflected in
     the DTV Table Appendix B. Applying 0.5 percent to this baseline of
     existing interference will provide the flexibility and expansion
     sought by commenters that suggested allowing higher interference
     levels. It would also effectively control the amount of new
     interference that could be experienced by any one station. We find
     this approach provides a reasonable balance between having
     sufficient flexibility to expand and modify facilities while
     preventing substantial disruption for viewers due to interference
     between stations. We therefore adopt the 0.5 percent interference
     standard and will apply it using the DTV Table Appendix B
     facilities as a baseline.[^470]

160. We also proposed to discontinue the 10 percent cap on total
     interference to a station from all sources, and instead proposed 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 would not be
     allowed to increase the interference they are authorized to cause
     to that station.[^471] MTB concurs with this proposal.[^472]
     MSTV/NAB also submits that removing the cap would contribute to
     making the interference standard "simpler to administer than the 2
     percent/10 percent rule (which requires consideration of the total
     amount of interference a station is receiving from all
     sources)."[^473] Since we are adopting the 0.5 percent interference
     standard, which is significantly more protection than the previous
     2.0 percent standard, we find that the amount of new interference
     that will be accumulated by any one station is minimal. Removing
     the cap would also help those few stations in situations that
     exceed the 10 percent interference level share the flexibility to
     expand or modify their facilities. Therefore, as proposed, we will
     discontinue the 10 percent cap on total interference.

161. [Interference Criteria for New Allotments]{.underline}. As
     proposed, we will use geographic spacing requirements as the
     standards for determining the technical acceptability of channel
     use in evaluating rulemaking petitions seeking new DTV channel
     allotments.[^474] While MSTV/NAB outlined in their comments that
     changes to the table should be analyzed under the 0.5 percent
     interference standard,[^475] as we said in the *Third DTV Periodic
     Review NPRM*, information about actual transmitter site locations
     and facilities are generally not available in rulemaking
     proceedings. Without such information, valuations based on minimum
     acceptable allotment facilities and the methodology for the
     analysis of a petition using an engineering criteria standard would
     not reflect the operation of an actual station and therefore would
     generally not be meaningful. For these reasons we will continue to
     use the DTV-to-DTV geographic separation requirements contained in
     Section 73.623(d) of the rules. After a new DTV allotment has been
     approved, we will regulate the extent of interference by requiring
     applications for these DTV allotments to comply with the same
     engineering criteria standards we are proposing for all other DTV
     applications.[^476]

162. [Protection of DTV Table Appendix B facilities]{.underline}*.* As
     proposed in the *Third DTV Periodic Review NPRM*, we will only
     protect stations' DTV Table Appendix B facilities until stations
     have their CP or license for their post-transition facility, at
     which time we will limit interference protection to stations'
     authorized coverage area.[^477] However, to avoid penalizing
     stations that apply for reduced facilities so as to not violate the
     freeze, we will continue to protect the DTV Table Appendix B
     facilities of stations until roughly one year after the date we
     intend to lift the filing freeze.[^478] We received very few
     comments directly on this point, but MSTV/NAB mentioned that it is
     appropriate for the Commission to give stations one year to
     complete their final facilities, and that during that year we
     should provide protection to stations' allotted facilities.[^479]
     New allotments as discussed in the previous paragraph will only be
     protected until a CP is granted for the new station. When applying
     the 0.5 percent new interference standard described above, we will
     continue to rely on the applicant's Appendix B or new allotment
     facility as a baseline for determining how much new interference
     the station may cause and avoiding cumulative applications of the
     0.5 percent standard. When determining the amount of interference
     an applicant causes to other stations, we will use the protected
     stations' service areas based on their construction permits,
     licenses or new allotments as described in this paragraph.

163. [Changes to Interference Analysis Methodology]{.underline}*.* We
     will adopt changes to our DTV interference analysis methodology to
     make the results more accurate and ensure consistent methodology.
     In the *Third DTV Periodic Review NPRM*,[^480] we proposed to
     evaluate compliance with the interference standard using the Office
     of Engineering and Technology's OET Bulletin No. 69 ("OET 69")
     methodology, but using 2000 census data as was done during the
     channel election process. We sought comment on whether other
     changes to the OET 69 methodology were necessary.[^481] As an
     example, we proposed allowing the use of specific "cell" sizes
     smaller than the 2 kilometers per side cell size specified as the
     default in OET 69. We also sought comment on a proposal to use
     variable desired-to-undesired ("D/U") interference ratios to better
     analyze situations where adjacent-channel transmitters are to be
     located inside a desired station's noise-limited service
     contour.[^482] Commenters also raised questions about the use of
     real vertical antenna patterns and beamtilting.

164. As proposed, we adopt the use of 2000 census data for use in all
     applications.[^483] Few commented on the issue, but those
     commenters that did were supportive of the proposal. This will
     result in more accurate modeling of the current population covered
     by DTV stations.

165. We also adopt use of specific smaller cell sizes for the
     Longley-Rice analysis as described in OET 69. Commenters were
     divided on the issue of the use of smaller cell sizes. As we
     explained in the *Third DTV Periodic Review NPRM*, we have
     generally allowed applicants to specify analysis based on cells
     that are smaller because such analysis is arguably more accurate.
     We understood that some applications had been based on evaluating
     many possible smaller cell sizes until the desired result was
     obtained. Such "shopping" for advantageous cell sizes does not
     improve the accuracy of the evaluation.[^484] dLR, for example,
     would permit the use of any cell size. Others, like MSTV/NAB and
     Khanna, would allow the use of some smaller cell sizes, but
     establish constraints as to what sizes are allowed. Khanna proposed
     a uniform use of 1 kilometer per side cells,[^485] which would
     avoid disputes over differing methodology. Establishing a minimum
     cell size of 1 kilometer per side, according to MSTV/NAB, would
     "discourage shopping for advantageous cell sizes."[^486] While we
     recognize the concerns about shopping for advantageous cell size,
     we also would prefer to preserve the option to use alternative cell
     sizes that has been available over the course of the DTV
     transition. In this regard, our experience is that this option has
     generally not been abused. We do, however, find that it would
     simplify the process to specify a limited set of cell sizes; this
     would seem to better limit any size "shopping" that might occur.
     Therefore, we adopt a limited set of cell sizes: 2 km, 1 km, and
     0.5 km. Adopting this method will allow for more accurate showings
     of DTV coverage based on smaller cell sizes, while discouraging the
     practice of "shopping" for cell sizes, which doesn't contribute to
     improved accuracy.

166. [Vertical Patterns]{.underline}. We will retain the existing OET 69
     vertical antenna pattern and not make changes in the vertical
     patterns at this time. Vertical antenna radiation patterns are
     descriptions of antenna gain at various angles above and below the
     horizon. Several commenters asked us to modify the way in which
     vertical antenna patterns are considered. Currently, OET 69
     specifies a standard vertical antenna pattern that is used for each
     station, regardless of the actual characteristics of the station's
     antenna. Some commenters noted that allowing the use of actual
     vertical patterns would result in more accurate modeling of station
     coverage, and possibly more efficient use of the TV spectrum.
     Meredith Corporation notes that stations are required to submit
     vertical pattern information when applying for a CP, but that the
     data is not used when calculating the service area of the
     application. AFCCE recommends that actual vertical patterns and
     beamtilt be considered for modifications and new authorizations
     when calculating outgoing interference.[^487] Changing the
     interference analysis at this time would demand time and resources
     when we must process and grant a large number of applications as
     quickly as possible. Therefore, we will continue to rely on the
     existing OET 69 standard vertical antenna pattern for applications
     filed now for post-transition facilities. We expect, however, to
     revisit this issue in the future.

167. [Beamtilting Penalty]{.underline}. We are eliminating the 1 dB
     power reduction requirement for UHF stations that use more than 1
     degree of antenna beamtilt.[^488] This rule was introduced in
     February 1998, when we initially limited maximization requests by
     UHF stations to 200 kW ERP.[^489] The rule allowed UHF stations to
     increase power up to a maximum of 1000 kW provided beamtilting
     techniques were employed so that the field strengths at the outer
     edge of the stations service area were no greater than would exist
     if the station were operating at its assigned DTV power. The rule
     also required that the field strengths at the edge of the service
     area be calculated assuming 1 dB of additional antenna gain over
     the pattern specified by the manufacturer. Later that year, we
     ruled that all UHF stations could request an increase in power up
     to 1000 kW ERP provided they met the *de* *minimis* rules in
     Section 73.623(c)(2) of the rules, and did not require beamtilting
     be employed.[^490] AFCCE suggested that the 1 dB penalty be
     rescinded to permit stations to employ large beamtilts and higher
     ERPs.[^491] Tribune states that "once the 200 kW power cap was
     effectively eliminated ... there was no need for the 1 dB penalty
     to discourage stations from using the beamtilting exception to
     evade the 200 kW power cap."[^492] We agree and find that the rules
     under 73.622(f)(4) are outdated and should be amended. We note that
     stations may use section 73.622(f)(8) to increase their power above
     200 kW. Sections 73.625(b)(2) and 73.625(c)(1) address how
     beamtilting can be used. Through the use of these rules, the effect
     of 73.622(f)(4) can be accomplished without the 1 dB penalty.
     [^493] We will, therefore, amend section 73.622(f)(4). [^494]

168. [Variable D/U Ratios]{.underline}. In the *Third DTV Periodic
     Review NPRM*,[^495] we sought comment on whether to adopt variable
     desired-to-undesired (D/U) interference ratios in situations where
     adjacent-channel transmitters are proposed to be located inside a
     desired station's noise-limited service contour.[^496] MSTV/NAB
     submitted that consideration of this issue would be best addressed
     in our DTS proceeding.[^497] We find that the comments submitted in
     this record do not provide an adequate basis on which to make a
     decision to retain the current D/U ratios or to change them. We can
     address this topic in a future proceeding if parties submit data
     and arguments demonstrating a need for revising our current rules.

169. [Channel 51]{.underline}. In *ex parte* comments, Cohen, Dippell
     and Everist, P.C. request the Commission to clarify the extent to
     which any Wireless Communications Services ("WCS") that will
     operate in the spectrum currently designated as TV/DTV Channel 52
     will offer interference protection to future DTV services offered
     on Channel 51.[^498] In the *Second DTV Periodic Report and Order*
     we stated that wireless and other operators on channel 52 must
     provide the interference protection prescribed in the Lower 700 MHz
     Report and Order to all broadcasters on channel 51, including any
     that may commence operation after the auction of adjacent channels
     in the 52-58 band, and we further stated that use of channel 51 for
     broadcast purposes should not be restricted in order to protect
     operations on channel 52, even if those operations predate the
     commencement of operations on channel 51.[^499] We reiterate and
     emphasize that this policy has not changed, and we will ensure that
     expanded operations by current channel 51 licensees and new channel
     51 allotments will remain protected.

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

170. We establish no new rules governing the coordination of
     broadcasters and MVPDs, but remind all parties of their existing
     obligations, and observe that some coordination issues must be
     resolved in other dockets. As we recognized in the *Third DTV
     Periodic Review NPRM*,[^500] the transition to digital television
     necessarily involves coordination with Multichannel Video
     Programming Distributors ("MVPDs").[^501] No commenter disagreed,
     and indeed few commenters spoke to these coordination issues. Those
     who did generally assured the Commission that both coordination and
     the actual transition to digital signal reception are
     underway.[^502] Therefore, as a general matter, Cox Broadcasting's
     suggestion that the parties will coordinate independently is well
     taken.[^503] There remain, however, a few coordination issues that
     we need to specifically address.

### Transition Status Filings

171. As discussed above,[^504] we adopt the requirement that
     broadcasters file a Transition Status Report (Form 387) with the
     Commission no later than February 18, 2008, and we will make the
     information from those forms publicly available. Broadcasters may
     also report their coordination efforts with MVPDs in their
     transition status reports. This information collection and
     availability is in line with that supported by a number of
     commenters, including NCTA.[^505] NCTA argues that a wide range of
     information must be available to "provide adequate lead time for
     cable operators to make technical modifications at cable headends,
     conduct tests, and provide timely notice to customers of channel
     changes and any other changes in their service."[^506] These
     reports will provide a base of common information that broadcasters
     and MVPDs can look to in their voluntary coordination efforts, and
     will allow time for the resolution of those efforts. Reports filed
     with the Commission are, however, no substitute for direct
     communication between broadcasters and MVPDs and we strongly
     encourage active coordination between them.

172. Although NAB and MSTV propose that MVPDs themselves file Transition
     Status Reports similar to Form 387, they do not elaborate on this
     proposal.[^507] We find insufficient support in the record for
     imposing this filing because it would provide information that is
     already generally available. NAB and MSTV also propose that MVPDs
     be required to register their headends and contact information,
     such that it will be available to broadcasters who wish to
     coordinate carriage issues.[^508] As noted above, we strongly
     support active coordination between the parties, and urge
     broadcasters to directly contact the MVPDs that carry their
     stations if they require specific information from MVPDs to ensure
     a successful transition. We also remind cable operators in
     particular of their existing requirement to notify all stations
     carried pursuant to must carry at least 60 days prior to any change
     in the designation of their principal headend.[^509] Furthermore,
     contact information for cable operators is already widely and
     publicly available through the FCC Cable Operations and Licensing
     System ("COALS"). Broadcasters can access this information online
     at any time.[^510] We are unaware of any problem broadcasters have
     had in contacting MVPDs, and NAB and MSTV do not provide any such
     examples. Therefore, we decline to adopt an MVPD transition status
     report requirement at this time. We do urge broadcasters and MVPDs
     to report to the Media Bureau any specific difficulties with their
     coordination efforts, and we will take appropriate action against
     any party that consistently declines to actively coordinate on
     transition issues.

### Cable Coordination

#### Timing of Transition

173. The Commission's primary concern in this process is to ensure that
     the entire viewing public, those who watch broadcast stations on
     cable as well as those who watch them over the air, is able to view
     these signals as easily on February 18, 2009 as they can today. We
     remind cable operators that they have an obligation to carry
     digital must-carry signals, and to have reception equipment
     operational to receive those digital signals that go on the air on
     February 18, 2009.[^511] Furthermore, we remind them of their
     carriage obligations regarding digital-only stations established in
     the *First DTV Must Carry Order*.[^512] Stations that currently
     broadcast only a digital signal or that turn off their analog
     signal prior to February 17, 2009, in accordance with the policies
     and procedures adopted in this Report and Order are entitled to
     mandatory carriage on cable systems.[^513] Similarly, we remind
     broadcasters that they are obliged to provide the cable operator
     with a good quality signal and, if they choose not to rely on over
     the air transmission, it is their obligation to contact the
     operator and resolve any issues necessary to provide the signal in
     an alternative manner.[^514]

#### Signal Quality Standard

174. The Commission has previously established that, for cable
     companies, a "good quality digital signal" is one that provides a
     signal strength at the headend equal to -61 dBm.[^515] For purposes
     of clarity, we find that it is now advisable to adjust Section
     76.55 of our rules to conform to these requirements established in
     2001.[^516] Two broadcast commenters expressed concerns that
     stations could lose carriage rights for a full election cycle
     because of a temporary reduction in signal strength or area during
     their digital build-out.[^517] UNC proposes that the Commission
     impose an interim quality standard, presumably requiring lower
     signal strength to qualify.[^518] Norwell suggests that, where the
     predicted digital signal strength is at least as high as the analog
     signal it is replacing, the MVPD be required to carry the digital
     signal.[^519] We decline to adopt these proposals. When the
     Commission adopted the -61 dBm standard for cable carriage,
     analysis indicated that it was the strength "necessary to provide a
     good quality digital television signal at a cable system\'s
     principal headend."[^520] Neither commenter provided evidence to
     refute that finding. If a broadcast signal is not delivered in good
     quality, it can not be carried in good quality, and carriage of a
     low quality signal mars the viewing experience, which in turn
     discourages viewership, and is thus harmful to the broadcaster by
     reducing advertising revenue. It may also be harmful to the MVPD by
     undermining subscribers' perception of the quality of the
     programming offered by the operator and by increasing complaint
     calls and the likelihood that a customer will seek alternatives to
     their current MVPD. Broadcasters, MVPDs, and viewers, therefore,
     all benefit from delivery and carriage of clear, high quality
     signals. We also acknowledge the concerns of these broadcasters,
     and remind MVPDs that they are responsible for carriage as soon as
     a good quality signal is delivered.

### DBS Coordination

175. We reiterate that MVPDs must work with broadcasters to ensure a
     smooth transition, and direct the parties to the DBS Carriage
     proceeding, MB Docket No. 00-96, where the final rules governing
     satellite carriage of digital broadcast signals will be
     adopted.[^521] Both DIRECTV and EchoStar filed comments regarding
     the timing of the transition. DIRECTV states that it is already
     carrying a number of stations' digital signals, and offers to work
     with any broadcaster that is currently providing and will continue
     to provide a good quality digital signal to its local receive
     facility, even if that station is not currently being carried by
     DIRECTV.[^522] We note that 95 percent of stations are currently on
     the air with a digital signal. Nevertheless, a number of stations
     may not provide their post-transition digital signal to headends
     and receive facilities until the conclusion of the
     transition.[^523] We remind broadcasters of their obligation to
     provide a good quality signal,[^524] and therefore their obligation
     to coordinate the delivery of that signal, for example by
     coordinating with DBS and other MVPD operators during program test
     periods prior to February 17, 2009. EchoStar proposes that, for any
     station that does not make its digital signal available prior to
     February, 2009, MVPDs be given additional time to incorporate that
     signal into their system.[^525] We decline to adopt Echostar's
     proposal.

### Private Cable Operators and Master Antenna System Providers

176. In the *Third DTV Periodic Review NPRM*, we asked for comments from
     private cable operators ("PCOs") (also known as Satellite Master
     Antenna Television or "SMATV" providers) and master antenna system
     providers regarding steps they are taking to ensure that their
     subscribers and residents will continue to receive local broadcast
     stations after the termination of over-the-air analog broadcast
     signals from full power stations.[^526] We received comments from
     the Independent Multi-Family Communications Council (IMCC), the PCO
     trade association, and agree with IMCC that it may be necessary for
     these operators to update their systems prior to the 2009
     transition date.[^527] We support IMCC's proposed efforts to
     educate PCOs nationwide, and appreciate their efforts to keep their
     membership fully informed on this important issue.[^528] We note
     that viewers who rely on PCOs or master antenna systems will also
     need to be informed of the equipment they will need to continue
     viewing broadcast television after February 17, 2009.[^529]

177. PCOs provide cable service on private property, and do not cross
     public rights of way. Typically they serve multiple dwelling units
     ("MDUs") and private residential communities, such as condominiums
     and homeowner associations. PCOs generally provide local TV
     broadcast signals to the residents/subscribers via one of four
     methods. The first alternative is to contract with a DBS provider
     that is providing local-into-local service, set up a DBS dish in a
     central location (*e.g.*, the roof), and then remodulate the
     digital satellite signal into analog for distribution to
     residents/subscribers. The second alternative is for PCOs to set up
     satellite receivers for each local broadcaster, with an analog RF
     modulator for each program, and then combine the modulator outputs
     into a single cable for residents/subscribers. The third
     alternative is to provide a local digital broadcast package to
     residents/subscribers via a digital headend signal processor.
     Finally, the PCO can set up one or more over-the-air receive
     antennas and either simply pass the signal along to
     residents/subscribers or, more commonly, run it through an analog
     processor to provide a constant signal strength for
     residents/subscribers. Operators of master antenna systems (*e.g.*,
     a landlord or condo association) provide one or more receive
     antennas and deliver local over-the-air television signals free of
     charge to residents, and generally also have an analog processor to
     ensure a constant signal strength.[^530]

178. After the digital transition, PCOs who rely on the first or second
     alternatives will not need to make any changes. The satellite
     signal or signals will continue to be received in digital and can
     continue to be remodulated into analog for the
     residents/subscribers. If this alternative is used, however, there
     will be no digital signals, including high definition signals,
     available to the residents/subscribers, although they will all
     continue to receive television service without buying new
     equipment. PCOs under option three are already relying on an
     all-digital headend and distribution network, and will face no
     changes after the transition because all equipment on the system,
     including residents/subscribers' television receivers, is already
     capable of receiving, conveying, and displaying digital signals.
     PCOs who rely on local receive antennas will have two options, the
     same as those confronting operators of master antenna systems.
     First, they could use a digital-to-analog converter on all
     over-the-air signals to convert the digital broadcast signal to
     analog before being retransmitted to residents/subscribers, who
     will therefore be able to continue to rely on their existing
     television equipment. This solution results in the same problem
     faced by DBS subscribers, however; all residents/subscribers will
     receive television programming, but none will receive a standard or
     high definition digital signal. The other alternative is to
     retransmit the signal in digital format. In this case,
     residents/subscribers have access to the full benefits of the
     digital transition, but only if they have digital equipment. We
     recognize that some residents/subscribers may think of themselves
     as "cable subscribers," and therefore expect that the DTV
     transition will have no impact on their service, based on the
     Commission's recent decision ensuring continued viewability of
     stations carried on cable.[^531] This problem can be largely
     ameliorated by proper education efforts by PCOs and MATV operators.
     In addition the OTA digital signal provided by PCOs will be
     processed, but not remodulated; therefore, off-the-shelf
     digital-to-analog converters, including those that will be
     available as part of the NTIA converter box coupon program, can be
     used by residents/subscribers with analog equipment to view the
     signal.[^532]

## Other Issues

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

179. We adopt our proposal in the *Third DTV Periodic Review NPRM*[^533]
     to update Section 73.682(d) of the rules[^534] to reflect the
     latest revisions to the ATSC DTV transmission standard, A/53, since
     the *Second DTV Periodic Report and Order*.[^535] Accordingly, we
     will incorporate into Section 73.682(d) by reference the latest
     version of the DTV transmission standard A/53: ATSC Digital
     Television Standard, Part 1-6:2007 ("A/53:2007").[^536] We will
     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 our
     rules.

180. We find that it is desirable and appropriate to update Section
     73.682(d) of the rules to specify the use of the latest version of
     this ATSC DTV transmission standard, A/53:2007. All commenters on
     this issue support the adoption of the latest version of the
     standard into our rules.[^537] The ATSC notes that it has made
     further changes to its DTV transmission standard since the release
     of the *Third DTV Periodic Review NPRM*.[^538] Specifically, ATSC
     partitioned the standard into six parts to facilitate future
     "changes and enhancements" and encourages the Commission to adopt
     the newest version into the rules.[^539] We note that the A/53:2007
     version of the standard does not differ from the A/53-E version
     that was mentioned in the *Third DTV Periodic Review NPRM*, other
     than these organizational changes.

181. The A/53:2007 version of the standard differs from the previously
     used standard, A/53-B,[^540] in several respects. First, A/53:2007
     includes the specifications for, but does not require, Enhanced
     8-VSB ("E8-VSB") for terrestrial broadcast.[^541] 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.[^542] 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.[^543] A/53:2007 further describes the coding constraints
     that apply to the use of the MPEG-2 systems specification[^544] in
     the DTV system, including mandatory main and optional enhanced
     services.[^545] It also improves the Active Format Description
     ("AFD") specifications by revising and clarifying the relevant
     standards.[^546]

182. Given these advantages, we find that updating the rules with the
     latest version of the ATSC DTV transmission standard today will
     benefit both broadcasters and consumers by allowing broadcasters
     the flexibility to offer new technological services. We cannot,
     however, establish Harris' proposed streamlined approach[^547] to
     automatically update our rules when ATSC updates its
     standards.[^548]

### Active Format Description (AFD)

183. We will not require broadcasters to use AFD. Broadcasters that
     choose to use AFD, however, must adhere to the ATSC DTV
     transmission standard A/53:2007. Although the latest ATSC DTV
     transmission standard does not require the use of AFD,[^549] we
     sought comment in the *Third DTV Periodic Review NPRM*[^550] on
     whether to require AFD when the active video portion picture does
     not completely fill the coded picture. All commenters on this issue
     agree that AFD should remain voluntary.[^551]

184. We agree with commenters that it would be premature to require
     mandatory broadcaster use of AFD, given that the standard is
     relatively new and has not yet been required through the ATSC
     standard.[^552] We do, however, encourage television manufacturers
     to implement the SMPTE standard and CEA-CEB16 into their TV sets,
     which will better allow broadcasters to take advantage of tools
     such as AFD to ensure that viewers receive a signal that is
     optimized for their TV set. We find that these voluntary, industry
     driven efforts are sufficient and, thus, will not require
     broadcasters to use AFD until such time that AFD data can be
     consistently deployed by manufacturers and content providers, and
     received by the public. For example, we recognize that not all
     content providers now uniformly provide AFD data to broadcasters.
     Moreover, not all consumers are equipped to obtain the benefits of
     AFD.[^553] We will monitor and may revisit it when more content
     providers provide AFD data to broadcasters and when more consumers
     obtain DTV receiving equipment that could pass through the AFD data
     to them.[^554] We expect that broadcasters will have an incentive
     to use AFD to make their programming attractive to viewers when
     they are ready and able to do so. We note that we will address the
     issue raised in comments concerning requirements that certain MVPDs
     pass through AFD data to their subscribers.[^555] This issue is
     raised in the *Third Further Notice of Proposed Rule Making* in the
     *DTV Must Carry* proceeding.[^556]

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

185. We adopt our proposal in the *Third DTV Periodic Review NPRM*[^557]
     to update Section 73.682(d) to reflect the latest revisions to the
     ATSC PSIP standard since the *Second DTV Periodic Report and
     Order*.[^558] Accordingly, we will incorporate into Section
     73.682(d) by reference the latest version of the ATSC PSIP standard
     A/65C into our rules.[^559] The record supports updating our rules
     to reflect the latest version of the ATSC PSIP standard,[^560]
     which includes additional benefits such as updated Event
     Information Tables ("EITs"). We find that the updated ATSC PSIP
     standard enhances consumers' viewing experience by providing
     detailed information about digital channels and programs, such as
     how to find a program's closed captions, multiple streams and
     V-chip information.[^561] We agree with the commenters that the
     benefits of the updated ATSC PSIP standard to both broadcasters and
     consumers outweighs any additional burden placed on
     broadcasters.[^562] We recognize, however, that it may take time
     for broadcasters to implement the new ATSC PSIP standard.
     Therefore, in order to give broadcasters adequate time to come into
     compliance, this requirement will take effect 120 days after
     publication in the Federal Register.[^563]

186. 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.[^564] 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.

187. The updated ATSC PSIP standard further enhances the PSIP standard
     and support for delivery of data. This latest revision requires
     broadcasters to populate the EITs with accurate information about
     each event and to update the EIT if more accurate information
     becomes available. Under the previous version of the standard,
     A/65-B, many broadcasters provide only general information in the
     EIT. For example, a network affiliate may provide nothing more
     informative than "network programming" as the descriptor for the
     majority of its program offerings.

188. We expect broadcasters to fully implement PSIP to the extent that
     ATSC A/65C requires, once the revised Section 73.682(d) becomes
     effective.[^565] We remind broadcasters of the need to be
     consistent at all times and locations. For example, if a
     broadcaster transmits a program in standard definition, the PSIP
     information should state that the programming is being broadcast in
     standard definition, as opposed to High Definition. In addition,
     the Transport Stream Identifier ("TSID") information should be
     consistent in the Terrestrial Virtual Channel Table ("TVCT"),
     Program Association Table ("PAT"). Moreover, when a program goes
     overtime, the station should update the EIT. Proper implementation
     of the standard requires broadcasters to populate the required
     tables and descriptors with the correct information to help
     receivers assemble functioning guides. Adoption of this standard
     also mandates completing tables and descriptors that require one
     time setup to be set correctly, including TSID, Short Channel
     Names, Service Type, Modulation Mode Source ID and Service Location
     Descriptor. Also, broadcasters must accurately fill the contents of
     the fields and the descriptors of each event descriptor loop with
     the known information about each event at the time the event is
     created and shall update each field if more accurate information
     becomes available. The Commission will continue to monitor these
     issues and act accordingly.

189. Finally, a couple of comments noted, in response to our inquiry in
     the *Third DTV Periodic Review NPRM*,[^566] that PSIP information
     may not be passed through to cable and satellite subscribers.[^567]
     We will address such program-related PSIP issues in our *DTV Must
     Carry* proceeding.[^568]

190. [DTV Tuner Requirement.]{.underline} We take this opportunity to
     correct a ministerial error to our rules regarding the DTV Tuner
     requirements for television receivers and receiving devices. As
     noted above,[^569] the Commission required in the 2005 DTV Tuner
     Order that "responsible parties equip television receivers with
     screens less than 13" that are imported into this country or
     shipped in interstate commerce on and after March 1, 2007, with the
     capability to receive broadcast digital television signals" because
     we concluded that "it would benefit consumers and the purposes of
     the broadcast television service and its transition to digital
     operation to require that receivers with screens less than 13" are
     able to receive digital signals on the same schedule as other TV
     receiver products."[^570] We adopted these requirements through the
     appropriate notice and comment procedures, and modified the
     relevant section of our Rules to show March 1, 2007, as the
     accelerated deadline,[^571] but we inadvertently omitted to delete
     the exception created by Section 15.117(i)(2) for "units with
     integrated tuners/displays that have screen sizes measuring less
     than 7.8 inches vertically, *i.e*., the vertical measurement of a
     screen in the 4:3 aspect ratio that measures 13' \[sic\] diagonally
     across the picture viewing area."[^572] Accordingly, we shall
     correct Section 15.117(i)(2) by striking the inappropriate
     language.[^573]

191. [V-Chip Requirements]{.underline}: We also take this opportunity to
     conform the V-Chip rule codified in the Code of Federal
     Regulations[^574] to the modification of that rule adopted in the
     *Second DTV Periodic Report and Order*.[^575] Section 15.120(b) of
     the Commission's rules requires that all TV broadcast receivers
     with picture screens 13 inches or larger in diameter comply with
     the V-Chip requirements. The codified rule provides:[^576]

     15.120 Program blocking technology requirements for television
     receivers.

     \*\*\*\*\*

     \(b\) Effective January 1, 2000, all TV broadcast receivers as
     defined in section 15.3(w) of this chapter, including personal
     computer systems meeting that definition, with picture screens 33
     cm (13 in) or larger in diameter shipped in interstate commerce or
     manufactured in the United States shall comply with the provisions
     of paragraphs (c), (d), and (e) of this section.

192. In 2004, the *Second DTV Periodic Report and Order* extended the
     V-Chip requirements to DTV tuners which are sold without an
     associated display device, such as analog-to-digital converter
     boxes, DVD recorders, and other nondisplay devices with DTV tuners.
     In addition, the *Second DTV Periodic Report and Order* adopted
     measurement criteria associated with the 16:9 aspect ratio for
     devices that include a display. Specifically, the *Second DTV
     Periodic Report and Order* provided:

     Additionally, we are adopting our proposal to apply v-chip rules to
     digital television receivers with displays in the 16:9 aspect ratio
     that are 7.8 inches or greater in height. Furthermore, we are
     requiring that v-chip technology be included in all digital
     television receivers with integrated 4:3 displays measuring at
     least 13 inches diagonally. *Similar to our requirements for closed
     caption capabilities in digital television receivers, the rules
     will also be applicable to DTV tuners which are sold without an
     associated display device*.[^577]

193. The Commission, however, did not make the corresponding revisions
     to section 15.120(b) as codified in the CFR to reflect these
     changes. We now make this adjustment to the codified rule to
     reflect the revision adopted in 2004. We also correct the rule
     reference to "diameter," which should have been "measured
     diagonally" in the rules to conform with the description adopted in
     the *V-Chip Order (Technical Requirements to Enable Blocking of
     Video Programming Based on Program Ratings*, 13 FCC Rcd 11248
     (1998)).

194. These changes are permitted because they simply conform the
     codified rule to the rule amendment adopted by the Commission in
     the *Second DTV Periodic Report and Order* after notice and
     comment. Therefore, we find "good cause" under Section 553 of the
     APA for making this conforming change because additional notice and
     comment is unnecessary.[^578]

### Fees for Ancillary and Supplementary Services

195. We hereby revise Section 73.624(g) to include permittees operating
     pursuant to an STA or any other FCC instrument authorizing DTV
     transmissions that earn revenue from feeable ancillary and
     supplementary services.[^579] As currently written, this rule
     refers to the payment of such fees only by "DTV licensees." In the
     *Third DTV Periodic Review NPRM,* we sought 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, if so, pay a fee of five percent of gross revenues
     derived from certain of those services. We asked whether the
     Commission can and should revise its rules to require that all DTV
     broadcasters should be subject to the provisions of Section
     73.624(g).[^580] We did not receive any comments on this issue.

196. The Telecommunications Act of 1996 ("1996 Act")[^581] established
     the framework for licensing DTV spectrum to existing broadcasters
     and authorized the Commission to permit broadcasters the
     opportunity to offer ancillary or supplementary services consistent
     with the public interest.[^582] The 1996 Act also required the
     Commission to establish a program to assess and collect fees for
     certain ancillary or supplementary services. [^583] In 1999, the
     Commission adopted rules implementing this provision.[^584] Section
     73.624(g) of the Commission's rules requires all "\[c\]ommercial
     and noncommercial DTV licensees" to remit annually to the
     Commission a fee of five percent of the gross revenues derived from
     feeable ancillary or supplementary services. The Commission created
     FCC Form 317 to be filed annually by DTV licensees to report
     whether they have provided ancillary or supplementary services in
     the previous year and whether any of the services provided were
     subject to a fee.[^585]

197. The Commission has allowed some DTV stations to provide DTV service
     pursuant to an STA.[^586] Because the Commission's rules apply the
     fee requirement to "licensees," however, stations operating
     pursuant to an STA have not been filing Form 317 or paying fees on
     any feeable services they might be providing.

198. Section 336(e)[^587] of the Act uses the term "licensees" in
     directing the Commission to collect fees for ancillary or
     supplementary use of a frequency. However, neither the statute nor
     the legislative history suggest that the use of the term "licensee"
     was intended to create a limited identifiable class of DTV
     broadcasters that would be subject to the fee provisions of Section
     336(e). In addition, we note that a primary goal of the legislation
     is: "(i) to recover for the public a portion of the value of the
     public spectrum resource made available for such commercial use,
     and (ii) to avoid unjust enrichment through the method employed to
     permit such uses of that resource."[^588] The statute is silent on
     the precise issue at hand, i.e., whether DTV broadcasters that are
     operating pursuant to STA or other FCC authorization should
     similarly be required to pay fees on revenues received in
     connection with feeable ancillary or supplementary services.
     However, we conclude that the current system, by excluding some
     broadcasters, limits the public's recovery and thus unfairly
     advantages those who fall outside the scope of the current rule.
     Accordingly, we will widen the class of broadcasters included in
     Section 73.624(g) to better carry out our obligation under Section
     336(e) to ensure that the public recovers a portion of the value of
     the public spectrum resource made available for commercial use and
     avoid unjust enrichment of broadcasters that use that
     resource.[^589]

### Station Identification

199. We revise our rules regarding station identification requirements
     for digital stations 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, or another
     programming source. In these situations, we will not require that
     the source of the programming be identified by the station whose
     multicast stream is being used to carry the programming.[^590]
     However, if the station whose multicast stream is being used to
     carry the programming chooses to identify the station that is the
     source of the programming, we will require that the following
     format be used:[^591]

     "Station WYYY-DT, community of license (call sign and community of
     license of the station whose multicast stream is transmitting the
     programming), bringing you WXXX, community of license (call sign
     and community of license of the licensee providing the
     programming)."

200. We invited comment in the *Third DTV Periodic Review NPRM* on
     whether our current station identification rules for digital
     stations provide sufficient clarity to broadcasters and viewers. We
     specifically invited 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. While we received no comment
     on this issue, we find that it is appropriate to revise our rules
     to enable stations that are sharing their broadcast streams with
     other licensees to provide clear identification of both the
     programming source (the station providing the programming) and the
     station on whose multicast stream the programming is
     transmitted.[^592] We are aware that stations are increasingly
     sharing spectrum with other licensees and the Media Bureau receives
     numerous informal requests for guidance regarding station
     identification requirements in these circumstances. We find that
     the approach we adopt today will provide for clear identification
     of stations in situations in which a multicast station carrying
     programming provided by another station chooses to identify that
     station as the source of the programming. 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.[^593]

201. [Background.]{.underline} In 2004, the Commission established rules
     generally requiring DTV stations to follow the same rules for
     station identification as analog stations.[^594] 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.

202. A station choosing to include its channel number in its station
     identification must use the major (analog) channel number.[^595]
     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 allotted frequency for its digital broadcast
     channel.[^596] The Commission permitted stations choosing to
     multicast to include additional information in their station
     announcements identifying each of the station's program
     streams.[^597]

203. [Discussion]{.underline}. We hereby revise our station
     identification rules for those stations that broadcast a multicast
     stream that airs programming provided by another broadcast station
     and that choose to identify the station that is the source of the
     programming. When a station chooses to make such identification, we
     will require that the following format be used: "Station WYYY-DT,
     community of license (call sign and community of license of the
     station whose multicast stream is transmitting the programming),
     bringing you WXXX, community of license (call sign and community of
     license of the licensee providing the programming)." The
     transmitting station may insert between its call letters and its
     community of license the following information: the frequency of
     the transmitting station, the channel number of the transmitting
     station, the name of the licensee of the transmitting station and
     the name of the licensee providing the programming, and/or the name
     of the network affiliation for either station. Where a multicast
     station is carrying the programming of another station and is
     identifying that station as the source of the programming, using
     the mandatory format described above, to avoid confusion the
     identification should not include the frequency or channel number
     of the program source.

# PROCEDURAL MATTERS

## Final Regulatory Flexibility Analysis

204. As required by the Regulatory Flexibility Act of 1980
     ("RFA"),[^598] the Commission has prepared a Final Regulatory
     Flexibility Analysis ("FRFA") relating to this Report and Order.
     The FRFA is set forth in Appendix E.

## Final Paperwork Reduction Act Analysis

205. This Report and Order has been analyzed with respect to the
     Paperwork Reduction Act of 1995 ("PRA"),[^599] and contains new and
     modified information collection requirements for full-power
     television broadcast stations, including the following: (1)
     Stations must file forms no later than February 18, 2008 detailing
     their transition plans and status (using FCC Form 387) and must
     update this form as events warrant and by October 20, 2008 if they
     have not completed construction;[^600] (2) Stations without a
     construction permit for their final, post-transition (DTV) facility
     must file an application to construct or modify that facility
     (using FCC Forms 301 and 340),[^601] stations without a license for
     their final, post-transition (DTV) facility must file an
     application for a license to cover that facility (using FCC Form
     302 DTV),[^602] and stations may request authority to transition
     early to their post-transition channel (also using FCC Forms 301
     and 340);[^603] (3) Stations with a construction deadline on or
     before February 17, 2009 may file a request for an extension of
     time to construct their final, post-transition (DTV) facility
     (using FCC Form 337); (4) Stations with a construction deadline
     occurring February 18, 2009 or later may file a notification of an
     event that would toll their deadline to construct their final,
     post-transition (DTV) facility (using FCC Informal Application
     Form);[^604] (5) Stations may file a request for STA approval to
     temporarily remain on their in-core pre-transition DTV channel
     after the transition date (using FCC Informal Application
     Form);[^605] (6) Stations may file a request for STA approval to
     build less than full, authorized post-transition facility by the
     transition date (using FCC Informal Application Form);[^606] (7)
     Stations may file a notification pursuant to Section 73.1615 to
     temporarily reduce or cease existing analog or pre-transition DTV
     service where necessary to facilitate construction of final,
     post-transition facilities (using FCC Informal Application
     Form);[^607] (8) Stations may file a request for STA approval to
     permanently reduce or terminate analog or pre-transition DTV
     service where necessary to facilitate construction of final,
     post-transition facilities (using FCC Informal Application
     Form);[^608] (9) Stations may file a notification to permanently
     reduce or terminate analog or pre-transition DTV service within 90
     days of the transition date (using FCC Informal Application
     Form);[^609] (10) Stations must comply with the 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;[^610] (11) Stations must comply with
     the station identification rules that require a DTV station which
     chooses to identify a licensee that it is transmitting on one of
     its multicast streams to follow a specific format for making such a
     station identification announcement;[^611] (12) Stations must
     comply with a viewer notification requirement (*i.e.*, stations
     must notify viewers about their planned service reduction or
     termination) if: (a) they will permanently reduce or terminate
     analog or pre-transition digital service before the transition
     date,[^612] or (b) they will not serve at least the same population
     that receives their current analog TV and DTV service on February
     18, 2009;[^613] (13) Stations claiming a "unique technical
     challenge" warranting a February 17, 2009 construction deadline
     must file a notification to document their status (using FCC
     Informal Application Form), if they do not file, or do not include
     such information in, an application for post-transition facilities
     (Forms 301 or 340);[^614] and (14) DTV stations that are permittees
     must comply with the requirements for feeable ancillary or
     supplementary services in Section 73.624(g) (using FCC Form
     317).[^615]

206. The Commission, as part of its continuing effort to reduce
     paperwork burdens, invited the Office of Management and Budget
     ("OMB") and the general public to comment on the information
     collection requirements contained in the *Third DTV Periodic Review
     NPRM*.[^616] On June 22, 2007, the Commission submitted the
     proposed information collection requirements to OMB for review
     under Section 3507(d) of the PRA.[^617] On July 9, 2007, the
     Commission published a Federal Register Notice addressing the
     burdens contained in the proposed information collection
     requirements and seeking comments from the public.[^618] On August
     15, 2007, OMB issued a Notice of Action and filed comments to each
     of these proposed information collection requirements. No other
     comments were filed with respect to these proposed collections. We
     note that some of the collections remain unchanged from when they
     were previously published in the Federal Register and submitted to
     OMB, while others that were submitted have been slightly revised,
     with such changes being largely procedural in nature (*e.g.*,
     filing date change, method of filing, etc.). In addition to the
     collections proposed in the *Third DTV Periodic Review NPRM*, this
     Report and Order also contains additional new or modified
     information collection requirements. Finally, we also note that,
     pursuant to the Small Business Paperwork Relief Act of 2002
     ("SBPRA"), the Commission sought specific comment in the *Third DTV
     Periodic Review NPRM*[^619] on how it might "further reduce the
     information collection burden for small business concerns with
     fewer than 25 employees."[^620] We received no comment on this
     issue.

207. The information collection requirements adopted in this Report and
     Order will be submitted to OMB for final review under Section
     3507(d) of the PRA,[^621] and OMB and the public will be afforded
     an opportunity to file comments on these final information
     collections. The Commission will seek emergency approval from OMB
     for Items 1-3 (noted above in paragraph 193) based, in part, on the
     prior submission for OMB approval of these information collection
     requirements.[^622] The Commission will publish a Federal Register
     Notice addressing the burdens contained in each final information
     collection adopted in this proceeding. The Commission will also
     publish a separate notice seeking comments from the public and OMB
     on the final information collection requirements.

## Congressional Review Act 

208. The Commission will send a copy of this Report and Order in a
     report to be sent to Congress and the Government Accountability
     Office, pursuant to the Congressional Review Act.[^623]

## Additional Information

209. For additional information on this proceeding, contact Evan
     Baranoff, <Evan.Baranoff@fcc.gov>, Eloise Gore,
     <Eloise.Gore@fcc.gov>, Kim Matthews, <Kim.Matthews@fcc.gov>, or
     Maureen McCarthy, <Maureen.McCarthy@fcc.gov> of the Media Bureau,
     Policy Division, (202) 418-2120; John Gabrysch,
     <John.Gabrysch@fcc.gov>, or Gordon Godfrey,
     <Gordon.Godfrey@fcc.gov>, of the Engineering Division, Media Bureau
     at (202) 418-7000; or Shaun Maher, <Shaun.Maher@fcc.gov>, or Nazifa
     Sawez, <Nazifa.Sawez@fcc.gov>, of the Media Bureau, Video
     Division, (202) 418-1600.

# ORDERING CLAUSES

210. IT IS ORDERED that, pursuant to the authority 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, this Report and Order
     IS ADOPTED and the Commission's rules ARE HEREBY AMENDED as set
     forth in Appendix B. We find good cause for the rules, forms and
     procedures adopted in this Report and Order to be effective upon
     publication of the summary of the Report and Order in the Federal
     Register to ensure that full power television stations can meet the
     statutory deadline for transitioning to all digital service,[^624]
     except for rule sections 47 C.F.R. §§ 73.682(d), 73.8000(b), and
     73.9000(k), provided, however, that the rules, forms and procedures
     described in paragraph 205, *supra*, contain information collection
     requirements subject to the PRA and are not effective until
     approved by the OMB. The Commission will publish a notice in the
     Federal Register announcing when OMB approval for these rules and
     forms has been received. Rule sections 47 C.F.R. §§ 73.682(d),
     73.8000(b), and 73.9000(k) shall become effective 120 days after
     publication in the Federal Register, subject to OMB approval by
     this date. The Commission will publish a notice in the Federal
     Register announcing when OMB approval for these rule sections has
     been received and when these rules will take effect.

211. IT IS FURTHER ORDERED that, pursuant to 47 U.S.C. § 155(c), the
     Chief, Media Bureau, is GRANTED DELEGATED AUTHORITY to make
     revisions where necessary to and establish filing deadlines for the
     electronic forms adopted in this Report and Order.

212. IT IS FURTHER ORDERED THAT the filing deadline for FCC Form 387 is
     February 18, 2008, subject to OMB approval by this date, for all
     television licensees and permittees.

213. IT IS FURTHER ORDERED that, pursuant to 47 U.S.C. § 155(c), the
     Chief, Media Bureau, is GRANTED DELEGATED AUTHORITY to conduct
     expedited rulemaking proceedings to amend the DTV Table of
     Allotments and Appendix B to the DTV Table of Allotments as needed
     up to the full power transition deadline, including, as
     appropriate, proceeding without notice and comment for changes that
     do not adversely affect other stations' post-transition operations.

214. IT IS FURTHER ORDERED that the Commission's Consumer and
     Governmental Affairs Bureau, Reference Information Center, SHALL
     SEND a copy of this Report and Order, including the Final
     Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy
     of the Small Business Administration.

215. IT IS FURTHER ORDERED that the Commission SHALL SEND a copy of this
     Report and Order in a report to be sent to Congress and the General
     Accounting Office pursuant to the Congressional Review Act, see 5
     U.S.C. § 801(a)(1)(A).

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**APPENDIX A**

**List of Commenters**

**[COMMENTS]{.underline}**

1.  54 Broadcasting, Inc. ("54 Broadcasting") (filed 8/15/07)

2.  Advanced Television Systems Committee, Inc. ("ATSC") (filed 8/7/07)

3.  Agape Church, Inc. "(Agape") (filed 8/3/07)

4.  Allbritton Communications Company ("Allbritton") (filed 8/16/07)

5.  Anderson WFBC-TV Licensee, Inc. ("Anderson") (filed 8/15/07)

6.  Arkansas Educational Television Commission (filed 8/15/07)

7.  Association for Maximum Service Television, Inc. and The National
    Association of Broadcasters, Joint Comments ("MSTV/NAB") (filed
    8/15/07)

8.  Association of Federal Communications Consulting Engineers ("AFCCE")
    (filed 8/15/07)

9.  Association of Public Television Stations and the Public
    Broadcasting Service ("APTS/PBS") (filed 8/15/07)

10. Bahakel Communications ("Bahakel") (filed 8/15/07)

11. Banks Boise, Inc (filed 8/15/07)

12. Barrington Broadcasting Group, LLC ("Barrington") (filed 8/15/07)

13. Benton Foundation ("Benton*.*")[^625] (filed 8/15/07)

14. Board of Governors of Missouri State University (filed 8/14/07)

15. Byron W. St. Clair ("St. Clair") (filed 8/15/07)

16. Calipatria Broadcasting Company, LLC ("Calipatria") (filed 8/15/07)

17. Capitol Broadcasting Company, Inc.("Capitol") (filed 8/15/07)

18. CBS Corporation ("CBS") (filed 8/15/07)

19. Central Michigan University (filed 8/13/07)

20. Chelsey Broadcasting Company of Youngstown, LLC ("Chelsey") (filed
    8/15/07)

21. Christian Faith Broadcast, Inc. ("CFB") (filed 8/15/07)

22. Christian Television Network, Inc, Christian Television Network of
    Iowa, Inc. and Volunteer Christian Television, Inc. ("Christian
    Network") (filed 8/15/07)

23. Coalition of Organizations for Accessible Technology ("COAT") (filed
    8/9/07)

24. Cox Broadcasting ("Cox") (filed 8/15/07)

25. Cohen, Dippell and Everist, P.C. ("Cohen, Dippell and Everist")
    (filed 8/15/07)

26. Community Television of Southern California (filed 8/15/07)

27. Consumer Electronics Association ("CEA") (filed 8/15/07)

28. DIRECTV (filed 8/30/07)

29. Du Treil, Lundin & Rackley ("dLR") (filed 8/14/07)

30. Educational Broadcast Corporation ("EBC") (filed 8/15/07)

31. Entravision Holdings ("Entravision") (filed 8/15/07)

32. Esteem License Holdings, Inc. ("Esteem") (filed 8/15/07)

33. Georgia Public Telecommunications Commission(filed 8/15/07)

34. Glendive Broadcasting Corporation ("Glendive") (filed 8/15/07)

35. Granite Broadcasting Corporation ("Granite") (filed 8/15/07)

36. Gray Television, Inc.("Gray Television") (filed 8/15/07)

37. Greater Dayton Public Television, Inc. ("Greater Dayton") (filed
    8/15/07)

38. Griffin Communications, LLC ("Griffin") (filed 8/15/07)

39. Hammett and Edison, Inc. ("Hammett and Edison") (filed 8/10/07)

40. Harris Corporation ("Harris")(filed 8/10/07)

41. Hawaii Public Television Foundation ("Hawaii PTV Foundation") (filed
    8/14/07)

42. Hoak Media, LLC ("Hoak") (filed 8/15/07)

43. Hubbard Broadcasting, Inc. ("Hubbard") (filed 8/15/07)

44. Independence Television Company ("Independence") (filed 8/15/07)

45. Independent Communications, Inc. ("Independent, KTTM") (filed
    10/26/07)

46. Independent Communications, Inc. ("Independent, KTTW") (filed
    10/26/07)

47. Independent Multifamily Communications Council ("IMCC") (filed
    11/28/07)

48. Iowa Public Broadcasting Board dba Iowa Public Television (filed
    8/15/07)

49. Joseph M. Davis, P.E. ("Davis") (filed 8/15/07)

50. KCTS Television (filed 8/13/07)

51. Khanna & Guill, Inc. -- Consulting Engineers ("Khanna") (filed
    8/29/07)

52. Khanna and Guill ("Khanna 8/8/07") (filed 8/8/07)

53. KJLA (filed 8/15/07)

54. KRCA License, LLC ("KRCA") (filed 8/15/07)

55. KSLS, Inc ("KSLS") (filed 8/15/07)

56. Lambert Broadcasting of Burlington, LLC ("Lambert") (filed 8/15/07)

57. LeSEA Broadcasting Corporation ("LeSEA") (filed 8/15/07)

58. LATV Networks ("LATV") (filed 8/15/07)

59. LG Electronics USA, Inc. ("LG") (filed 8/15/07)

60. LIN Television Corporation ("LIN") (filed 8/15/07)

61. Long Communications, LLC ("Long") (filed 8/15/07)

62. Maranatha Broadcasting Company, Inc. ("Maranatha") (filed 8/15/07)

63. Meredith Corporation ("Meredith") (filed 8/15/07)

64. Metropolitan Television Alliance, LLC (filed 8/15/07)

65. Mid-South Public Communications Foundation ("Mid-South") (filed
    8/15/07)

66. Montecito Hawaii License, LLC ("Montecito Hawaii") (filed 8/15/07)

67. Montecito Television License Corporation of Wichita ("Montecito of
    Wichita") (filed 8/15/07)

68. Multicultural Television Broadcasting, LLC ("Multicultural") (filed
    8/15/07)

69. National Cable and Telecommunications Association ("NCTA") (filed
    8/15/07)

70. Native American Public Telecommunications ("NAPT") (filed 8/15/07)

71. Nebraska Educational Telecommunications Commission and the
    University of Nebraska ("Nebraska PTV Licensees") (filed 8/14/07)

72. Nexstar Broadcasting, Inc. ("Nexstar") (filed 8/15/07)

73. Northeastern Educational Television of Ohio, Inc (filed 8/15/07)

74. Norwell Television, LLC ("Norwell") (filed 8/15/07)

75. Oklahoma Educational Television Authority (filed 8/15/07)

76. Pappas Telecasting Companies ("Pappas") (filed 8/15/07)

77. Parker Broadcasting ("Parker") (filed 8/15/07)

78. Pennsylvania State University ("Penn State") (filed 8/15/07)

79. Permian Basin Public Telecommunications, Inc. ("Permian Basin")
    (filed 8/15/07)

80. Post-Newsweek Stations, Inc. ("Post-Newsweek") (filed 8/15/07)

81. Public Broadcasting of Northwest Pennsylvania ("PBNP") (filed
    8/13/07)

82. Quincy Newspapers, Inc. ("Quincy") (filed 8/15/07)

83. Raycom Media, Inc. ("Raycom") (filed 8/15/07)

84. River Broadcast Co., LLC ("Red River") (filed 8/15/07)

85. Rocky Mountain Public Broadcasting Network, Inc ("Rocky Mountain")
    (filed 8/13/07)

86. Saga Quad States Communications, LLC ("Saga") (filed 8/15/07)

87. School Board of Miami Dade County, Florida (filed 8/3/07)

88. Scripps Howard Broadcasting Company ("Scripps-Howard") (filed
    8/15/07)

89. Scripps Howard Broadcasting \-- Engineering Statement by John F.X.
    Browne ("Scripps") (filed 8/15/07)

90. Shenandoah Valley Educational Television Corporation ("SVETC
    Stations") (filed 8/15/07)

91. Sinclair Broadcast Group, Inc. ("Sinclair") (filed 8/15/07)

92. Sistema Universitario Ana G. Mendez, Inc. (filed 8/14/07)

93. Sky Television, LLC ("Sky") (filed 8/15/07)

94. Smoky Hills Public Television Corporation ("Smoky Hills") (filed
    8/13/07)

95. Sorensen Television Systems, Inc ("Sorensen") (filed 7/24/07)

96. South Carolina Educational Television Commission (filed 8/13/07)

97. Southeastern Media Holdings, Inc. (filed 8/15/07)

98. Southern Broadcast Company of Sarasota ("Broadcast Company of
    Sarasota") (filed 8/15/07)

99. St. Louis Regional Educational and Public Television Commission
    ("St. Louis PTV") (filed 8/13/07)

100. State of Wisconsin Educational Communications Board ("State of
     Wisconsin Board") (filed 8/14/07)

101. Sunbelt Multimedia Co. ("Sunbelt") (filed 8/15/07)

102. Sunflower Broadcasting, Inc ("Sunflower") (filed 8/15/07)

103. Thunder Bay Broadcasting Corporation ("Thunder Bay") (filed
     8/15/07)

104. Tribune Broadcasting Company ("Tribune") (filed 8/15/07)

105. Tri-State Public Teleplex, Inc. ("Tri-State") (filed 8/15/07)

106. Twin Cities Public Television, Inc. ("Twin Cities") (filed 8/15/07)

107. United Communications Corp. ("United") (filed 8/16/07)

108. University of Alaska (filed 8/15/07)

109. University of Houston System (filed 8/15/07)

110. University of Michigan (filed 8/13/07)

111. University of North Carolina (filed 8/15/07)

112. University of Utah and the Utah State Board of Regents ("Utah
     Stations") (filed 8/15/07)

113. Univision (filed 8/15/07)

114. Upper Cumberland Broadcast Council ("UCBC") (filed 8/14/07)

115. Valley Public Television, Inc. ("Valley") (filed 8/15/07)

116. Vermont ETV, Inc. ("Vermont ETV") (filed 8/15/07)

117. Walt Disney Company ("Disney") (filed 8/15/07)

118. WBOC, Inc.("WBOC") (filed 8/15/07)

119. WDEF-TV, Inc. ("WDEF") (filed 8/15/07)

120. West Virginia Media Holdings, LLC ("West Virginia Media Holdings")
     (filed 8/15/07)

121. WGBH Educational Foundation ("WGBH") (filed 8/15/07)

122. WKSG Public Telecommunications Council ("WKSG") (filed 8/15/07)

123. WLNY Limited Partnership ("WLNY") (filed 7/9/07)

124. WPSD-TV, LLC ("WPSD") (filed 8/15/07)

125. WYFF Hearst-Argyle Television, Inc. ("Hearst-Argyle") (filed
     8/15/07)

**[REPLY COMMENTS]{.underline}**

1.  Ackerley Broadcasting Operations, LLC (filed 8/30/07)

2.  Allbritton Communications Co. and Gannett Co., Inc. (filed 8/30/07)

3.  Association of Public Television Stations and the Public
    Broadcasting Service (filed 8/30/07)

4.  Barrington Bay City License, LLC (filed 8/30/07)

5.  Belo Corp. (filed 8/30/07)

6.  Capitol Broadcasting Company, Inc. (filed 8/30/07)

7.  Central NY News, Inc. (filed 8/30/07)

8.  Cohen, Dippell and Everist, P.C. (filed 8/30/07)

9.  Corridor Television, LLP (filed 8/30/07)

10. Dispatch Broadcast Group (filed 9/4/07)

11. DuTreil, Lundin & Rackley (filed 8/30/07)

12. Echostar Satellite L.L.C. (filed 8/30/07)

13. Grant Communications (filed 8/30/07)

14. Larry E. Will, P.E. (filed 8/30/07)

15. Mid State Television, Inc. (filed 8/30/07)

16. MSTV and NAB (filed 8/30/07)

17. National Cable and Telecommunications Association ("NCTA") (filed
    8/30/07)

18. Sonshine Family Television (filed 8/29/07)

19. Sunbeam Television Corp. (filed 8/30/07)

20. Tribune Broadcasting Company (filed 8/30/07)

21. Walt Disney Company (filed 8/30/07)

22. WQED Multimedia ("WQED") (filed 8/30/07)

**APPENDIX B**

**Rule Changes**[^626]

PART 15---RADIO FREQUENCY DEVICES

Part 15 of Title 47 of the Code of Federal Regulations is amended as
follows:

1\. The authority for Part 15 continues to read as follows:

Authority: 47 U.S.C. 154, 302, 303, 304, 307, 336, and 544A.

2\. Amend Section 15.117(i)(2) to read as follows:

Section 15.117 TV broadcast receivers.

\*\*\*\*\*

\(i\) Digital television reception capability implementation schedule.

\*\*\*\*\*

\(2\) For purposes of this implementation schedule, screen sizes are to
be measured diagonally across the picture viewing area. ~~The
requirement for equipping new TV broadcast receivers with DTV reception
capability does not apply to units with integrated tuners/displays that
have screen sizes measuring less than 7.8 inches vertically, i.e., the
vertical measurement of a screen in the 4:3 aspect ratio that measures
13" diagonally across the picture viewing area.~~

\*\*\*\*\*

3\. Amend Section 15.120(b) to read as follows:

15.120 Program blocking technology requirements for television
receivers.

\*\*\*\*\*

\(b\) Effective January 1, 2000, all TV broadcast receivers as defined
in section 15.3(w) of this chapter, including personal computer systems
meeting that definition, with picture screens 33 cm (13 in) or larger**,
measured diagonally**, **or with displays in the 16:9 aspect ratio that
are 19.8 cm (7.8 in) or greater in height and digital television
receivers without an associated display device** shipped in interstate
commerce or manufactured in the United States shall comply with the
provisions of paragraphs (c), (d), and (e) of this section.

PART 73---RADIO BROADCAST SERVICES

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

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

2\. Add a new Section 73.616 to read as follows:

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

**(a) Applications seeking facilities that will operate prior to the end
of the DTV transition must also comply with section 73.623.**

**(b) 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 sections 73.623(d) 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 (f) of this section; the land mobile
protection requirements of section 73.623(e); and the FM radio
protection requirement of section 73.623(f).**

**(c) 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.**

**(d) 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.**

**(e) An application will not be accepted if it is predicted to cause
interference to more than an additional 0.5 percent of the population
served by another post-transition DTV station. For this purpose, the
population served by the station receiving additional interference does
not include portions of the population within the noise-limited service
contour of that station that are predicted to receive interference from
the post-transition DTV allotment facilities of the applicant or
portions of that population receiving masking interference from any
other station.**

**(1) For evaluating compliance with the requirements of this paragraph,
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: "Longley-Rice Methodology for Evaluating
TV Coverage and Interference" (February 6, 2004) (incorporated by
reference, see §73.8000), 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. Applicants may request the use of a
cell size other than the default of 2.0 km per side, but only requests
for cell sizes of 1.0 km per side or 0.5 km per side will be considered.
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.**

**(2) 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)).**

**(f) 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 73.616(e).**

**(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.**

3\. Amend Section 73.622 by revising Section 73.622(f)(4) to read as
follows:

Section 73.622 Digital television table of allotments.

\*\*\*\*\*

\(f\) DTV maximum power and antenna heights.

\*\*\*\*\*

\(4\) UHF DTV stations may request an increase in power, up to a maximum
of 1000 kW ERP, to enhance service within their authorized service area
~~through use of antenna beamtilting in excess of 1 degree, as
follows:~~

~~(i) Field strengths at the outer edge of the station\'s service area
shall be no greater than the levels that would exist if the station were
operating at its assigned DTV power.~~

~~(ii) Where a station operates at higher power under the provisions of
this paragraph, its field strengths at the edge of its service area are
to be calculated assuming 1 dB of additional antenna gain over the
antenna gain pattern specified by the manufacturer.~~

~~(iii) Where a first adjacent channel DTV station or allotment is
located closer than 110 km or a first adjacent channel analog TV station
is located closer than 106 km from the proposed transmitter site, the
application must be accompanied by a technical showing that the proposed
operation complies with the technical criteria in §73.623(c) and thereby
will not result in new interference exceeding the de minimis standard
for new interference set forth in that section, or statements from
affected stations agreeing to the proposed operation in accordance with
§73.623(f).~~

~~(iv) A licensee desiring to operate at higher power under these
provisions shall submit, with its initial application for a DTV
construction permit or subsequent application to modify its DTV
facilities, an engineering analysis demonstrating that the predicted
field strengths and predicted interference within its service area would
comport with the requirements of this paragraph. The licensee also must
notify, by certified mail, all stations that could potentially be
affected by such operation at the time the station files its application
for a construction permit or modification of facilities. Potentially
affected stations to be notified include stations on co-channel and
first-adjacent channel allotments that are located at distances less
than the minimum geographic spacing requirements in §73.623(d)(2). For
example, in Zone I a co-channel DTV station within 196.3 km or a
first-adjacent channel DTV station within 110 km must be notified. A
station that believes that its service is being affected beyond the de
minimis standard set forth in §73.623(c) may file an informal objection
with the Commission. Such an informal objection shall include an
engineering analysis demonstrating that additional impermissible
interference would occur. The Commission may condition grant of
authority to operate at increased power pursuant to this provision on
validation of actual performance through field measurements.~~

\* \* \* \* \*

4\. Amend Section 73.623 paragraph (a) to read as follows:

Section 73.623 DTV applications and changes to DTV allotments.

\(a\) General. This section contains the technical criteria for
evaluating applications requesting DTV facilities that do not conform to
the provisions of § 73.622 and petitions for rule making to amend the
**pre-transition** DTV Table of Allotments (§73.622(b)). Petitions to
amend the DTV Table (other than those also expressly requesting
amendment of this section) and applications for new DTV broadcast
stations or for changes in authorized DTV stations filed pursuant to
this section will not be accepted for filing if they fail to comply with
the requirements of this section. **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.**\* \* \* \* \*

5\. Amend Section 73.624 by adding paragraphs (d)(1)(v)-(vii), revising
paragraph (d)(3) and revising (g) 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)), 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) May 18, 2008 in all markets for completion of construction of
post-transition (DTV) facilities for all commercial and noncommercial
television stations that will use the same channel used for
pre-transition operation for post-transition operation and that, as of
December 31, 2007, have a construction permit for facilities that
conform to the facilities 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).**

**(vi) August 18, 2008 in all markets for completion of construction of
post-transition (DTV) facilities for all commercial and noncommercial
television stations that will use the same channel used for
pre-transition operation for post-transition operation but which, as of
December 31, 2007, do not have a construction permit for facilities that
conform to the facilities 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).**

**(vii) February 17, 2009 in all markets for 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 and for those stations whose
post-transition channel is the same as their pre-transition channel but
that are subject to a unique technical challenge that has been
specifically recognized as such by the Commission.**

\* \* \* \* \*

\(3\) 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.

\(ii\) **For construction deadlines occurring prior to February 18,
2009, the following circumstances may** include, ~~Such circumstances
shall~~ , 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) For construction deadlines occurring after February 17, 2009,
the tolling provisions of Section 73.3598 shall apply.**

(**iv**) 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.

(**v**) 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.

\* \* \* \* \*

\(g\) Commercial and noncommercial DTV licensees **and permittees** must
annually remit a fee of five percent of the gross revenues derived from
all ancillary or supplementary services, as defined by paragraph (b) of
this section, which are feeable, as defined in paragraphs (g)(2)(i)
through (ii) of this section.

\* \* \* \* \*

\(2\) Payment of fees. (i) Each December 1, all commercial and
noncommercial DTV licensees **and permittees** will electronically
report whether they provided ancillary or supplementary services in the
twelve-month period ending on the preceding September 30. Licensees
**and** **permittees** will further report, for the applicable period:
(A) a brief description of the services provided; (B) which services
were feeable ancillary or supplementary services; (C) whether any
ancillary or supplementary services provided were not subject to a fee;
(D) gross revenues received from all feeable ancillary and supplementary
services provided during the applicable period; and (E) the amount of
bitstream used to provide ancillary or supplementary services during the
applicable period. Licensees **and permittees** will certify under
penalty of perjury the accuracy of the information reported. Failure to
file regardless of revenues from ancillary or supplementary services or
provision of such services may result in appropriate sanctions.

\(ii\) If a commercial or noncommercial DTV licensee **or permittee**
has provided feeable ancillary or supplementary services at any point
during a twelve-month period ending on September 30, the licensee **or
permittee** must additionally file the FCC\'s standard remittance form
(Form 159) on the subsequent December 1. Licensees **and permittees**
will certify the amount of gross revenues received from feeable
ancillary or supplementary services for the applicable twelve-month
period and will remit the payment of the required fee.

\(iii\) The Commission reserves the right to audit each licensee's **or
permittee's** records which support the calculation of the amount
specified on line 23A of Form 159. Each licensee **or permittee**,
therefore, is required to retain such records for three years from the
date of remittance of fees.

6\. Amend Section 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), **ATSC A/53, Parts 1-6: 2007** ~~ATSC Doc.
A/53B, Revision B with Amendment 1 and Amendment 2:~~ "ATSC Digital
Television Standard," **(January 3, 2007),** except for Section
**6.1.2** ~~5.1.2~~ ("Compression Format Constraints") of **A/53 Part 4:
2007** ~~Annex A~~ ("**MPEG-2** Video Systems Characteristics") and the
phrase "see **Table 6.2** ~~Table 3~~" in Section 6.1.1 ~~5.1.1~~
**Table 6.1** ~~Table 2~~ and Section **6.1.3** ~~5.1.2~~ **Table 6.3**
~~Table 4~~ (incorporated by reference, see § 73.8000), and ATSC
A/65**C** ~~B~~: "ATSC Program and System Information Protocol for
Terrestrial Broadcast and Cable~~,"~~ (Revision **C)** ~~B~~ **With
Amendment No. 1 dated May 9, 2006," (January 2, 2006)** ~~2003~~
(incorporated by reference, see § 73.8000). Although not incorporated by
reference, licensees may also consult ATSC ~~Doc.~~ A/54**A:
"Recommended Practice:** Guide to Use of the ATSC Digital Television
Standard, **including Corrigendum No. 1**," **(December 4, 2003,
Corrigendum No. 1 dated December 20, 2006** ~~October 4, 1995~~), and
ATSC ~~Doc.~~ A/69~~,~~**: "**Recommended Practice PSIP Implementation
Guidelines for Broadcasters**,"** (June 25, 2002) (Secs. 4, 5, 303, 48
Stat., as amended, 1066, 1068, 1082 (47 U.S.C. 154, 155, 303)).

7\. Revise Section 73.1201 to read as follows:

Section 73.1201 Station identification.

\* \* \* \* \*

\(b\) Content. (1) Official station identification shall consist of the
station\'s call letters immediately followed by the community or
communities specified in its license as the station\'s location;
Provided, That the name of the licensee, the station\'s frequency, the
station\'s channel number, as stated on the station\'s license, and/or
the station\'s network affiliation may be inserted between the call
letters and station location. DTV stations, or DAB Stations, choosing to
include the station\'s channel number in the station identification must
use the station\'s major channel number and may distinguish multicast
program streams. For example, a DTV station with major channel number 26
may use 26.1 to identify an HDTV program service and 26.2 to identify an
SDTV program service. **A DTV station that is devoting one of its
multicast streams to transmit the programming of another television
licensee must identify itself and may also identify the licensee that it
is transmitting. If a DTV station in this situation chooses to identify
the station that is the source of the programming it is transmitting, it
must use the following format: Station WYYY-DT, community of license
(call sign and community of license of the station whose multicast
stream is transmitting the programming), bringing you WXXX, community of
license (call sign and community of license of the licensee providing
the programming).** **The transmitting station may insert between its
call letters and its community of license the following information: the
frequency of the transmitting station, the channel number of the
transmitting station, the name of the licensee of the transmitting
station and the licensee providing the programming, and/or the name of
the network of either station.** **Where a multicast station is carrying
the programming of another station and is identifying that station as
the source of the programming, using the format described above, the
identification may not include the frequency or channel number of the
program source.** A radio station operating in DAB hybrid mode or
extended hybrid mode shall identify its digital signal, including any
free multicast audio programming streams, in a manner that appropriately
alerts its audience to the fact that it is listening to a digital audio
broadcast. No other insertion between the station\'s call letters and
the community or communities specified in its license is permissible.

\(2\) A station may include in its official station identification the
name of any additional community or communities, but the community to
which the station is licensed must be named first.

\(c\) Channel ---(1) General. Except as otherwise provided in this
paragraph, in making the identification announcement the call letters
shall be given only on the channel, or channels in the case of a
broadcaster that is multicasting more than a single channel, identified
thereby.

\* \* \* \* \*

8\. Revise Section 73.3598(b) to read as follows:

Section 73.3598 Period of construction.

\(a\) Each original construction permit for the construction of a new TV
**(including full-power DTV)**, AM, FM or International Broadcast; low
power TV; TV translator; TV booster; FM translator; or FM booster
station, or to make changes in such existing stations, shall specify a
period of three years from the date of issuance of the original
construction permit within which construction shall be completed and
application for license filed. Each original construction permit for the
construction of a new LPFM station shall specify a period of eighteen
months from the date of issuance of the construction permit within which
construction shall be completed and application for license filed.

\(b\) The period of construction for an original construction permit
shall toll when construction is prevented by the following causes not
under the control of the permittee:

\(i\) Construction is prevented due to an act of God, defined in terms
of natural disasters (e.g., floods, tornados, hurricanes, or
earthquakes); ~~or~~

\(ii\) 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 of any Commission action thereon), or
construction is delayed by any cause of action pending before any court
of competent jurisdiction relating to any necessary local, state or
federal requirement for the construction or operation of the station,
including any zoning or environmental requirement; **or**

**(iii) a request for international coordination, with respect to an
original construction permit for a new DTV station, has been sent to
Canada or Mexico on behalf of the station and no response from the
country affected has been received, or the licensee or permittee is
challenging the response from Canada or Mexico on the grounds that the
facility as approved would not permit the station to serve the
population that is both approved by the Commission and served by the
station's TV (analog) facility to be vacated by February 17, 2009.**

\* \* \* \* \*

9\. Amend Section 73.8000 to read as follows:

[§ 73.8000 Incorporation by reference.]{.underline}

\(a\) The materials listed in this section are incorporated by reference
in this part. These incorporations by reference were approved by the
Director of the Federal Register in accordance with 5 U.S.C. § 552(a)
and 1 C.F.R. part 51. These materials are incorporated as they exist on
the date of the approval, and notice of any change in these materials
will be published in the Federal Register. The materials are available
for ~~purchase at the corresponding addresses noted below, and all are
available for~~ inspection at the Federal Communications Commission
(FCC), 445 12th St., SW., Reference Information Center, Room CY-A257,
Washington, DC 20554 and at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202--741--6030, or go to:
<http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html>.

**(b) The following materials are available from Advanced Television
Systems Committee (ATSC), 1750 Street, N.W., Suite 1200, Washington,
D.C. 20006 at the ATSC website: <http://www.atsc.org/standards.html>.**

**(1) ATSC A/52: "ATSC Standard Digital Audio Compression (AC--3),"
1995, IBR approved for §73.682.**

**(2) ATSC A/53 Parts 1-6: 2007 "ATSC Digital Television Standard,"
(January 3, 2007) as listed below:**

**(i) A/53, Part 1:2007, "Digital Television System" (January 3, 2007),
IBR approved for § 73.682.**

**(ii) A/53, Part 2:2007, "RF/Transmission System Characteristics"
(January 3, 2007), IBR approved for § 73.682.**

**(iii) A/53, Part 3:2007, "Service Multiplex and Transport Subsystem
Characteristics" (January 3, 2007), IBR approved for § 73.682.**

**(iv) A/53, Part 4:2007, "MPEG-2 Video System Characteristics" (January
3, 2007), IBR approved for § 73.682, except for § 6.1.2 of A/53 Part 4:
2007, and the phrase "see Table 6.2" in section 6.1.1 Table 6.1 and
section 6.1.3 Table 6.3.**

**(v) A/53, Part 5:2007, "AC-3 Audio System Characteristics" (January 3,
2007), IBR approved for § 73.682.**

**(vi) A/53, Part 6:2007, "Enhanced AC-3 Audio System Characteristics"
(January 3, 2007), IBR approved for § 73.682.**

**(3) ATSC A/65B: "ATSC Program and System Information Protocol for
Terrestrial Broadcast and Cable," (Revision B) March 18, 2003, and IBR
approved for §§ 73.9000 and 73.9001.**

**(4) ATSC A/65C: "ATSC Program and System Information Protocol for
Terrestrial Broadcast and Cable, Revision C With Amendment No. 1 dated
May 9, 2006," (January 2, 2006), IBR approved for §§ 73.682 and
73.9000.**

**(c) The following materials are available for purchase from American
National Standards Institute (ANSI), 25 West 43rd Street, 4th Floor, New
York, NY 10036 or at
<http://www.webstore.ansi.org/ansidocstore/default.asp>.**

**(1) International Standard ISO/IEC 13818--1:2000(E); "Information
Technology "Generic Coding of Moving Pictures and Associated Audio
Information: Systems," 2000, IBR approved for § 73.9000.**

**(2) \[Reserved\]**

**(d) The following materials are available for inspection at the FCC,
445 12th St., SW., Reference Information Center, Room CY-A257,
Washington, DC 20554 or at the FCC's Office of Engineering and
Technology (OET) website:
<http://www.fcc.gov/oet/info/documents/bulletins/>.**

**(1) OET Bulletin No. 69: "Longley-Rice Methodology for Evaluating TV
Coverage and Interference" (February 6, 2004), IBR approved for §
73.616.**

**(2) \[Reserved\]**

10\. Amend § 73.9000 by revising paragraph (k) to read as follows:

[Section 73.9000 Definitions]{.underline}

\*\*\*\*\*

\(k\) *EIT* means *Event **I**~~i~~nformation **T**~~t~~able* as defined
in ATSC A/65~~B~~**C**: **"ATSC Program and System Information Protocol
for Terrestrial Broadcast and Cable, Revision C With Amendment No. 1
dated May 9, 2006," (January 2, 2006),** (incorporated by reference, see
§ 73.8000).

\*\*\*\*\*

PART 76---MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

1\. The authority for Part 76 continues to read as follows:

AUTHORITY: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 307, 308,
309, 312, 315, 317, 325, 336, 338, 339, 503, 521, 522, 531, 532, 533,
534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558,
560, 561, 571, 572, 573.

2\. Amend Section 76.55(c)(3) to read as follows:

Section 76.55 Definitions applicable to the must-carry rules.

\* \* \* \* \*

\(c\) \* \* \*

\(1\) \* \* \*

\(2\) \* \* \*

\(3\) A television broadcast station that does not deliver to the
principal headend, as defined in §76.5(pp), of a cable system
\[~~either~~\] a signal level of −45dBm for **analog** UHF signals**,**
\[~~or~~\] −49dBm for **analog** VHF signals**, or −61dBm for digital
signals** at the input terminals of the signal processing equipment,
*i.e.,* the input to the first active component of the signal processing
equipment relevant to the signal at issue, if such station does not
agree to be responsible for the costs of delivering to the cable system
a signal of good quality or a baseband video signal.

**APPENDIX C**

**FCC Forms Changes**

The Federal Communications Commission revises 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 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 revises 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 revises FCC Form 317 as set forth
below:

15. Form and Instructions are revised to indicate that DTV permittees
    are required to file the form and report their ancillary and
    supplementary services.

The Federal Communications Commission revises FCC Form 337 as set forth
below:

16. 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)

17. 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.~~

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

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

19. The new Form will contain the following data elements \[bold used to
    show changes\]:

> **NOTE: This Form must be filed by all full-power broadcast television
> stations (licensees and permittees) no later than February 18, 2008.
> Each Licensee/Permittee is responsible for the continuing accuracy and
> completeness of the information furnished in this Form. Each
> Licensee/Permittee must update this Form, as necessary, until such
> Licensee/Permittee reports the completion of its transition (*i.e.*,
> that it has begun operating its full, authorized facility as defined
> in the post-transition DTV Table, 47 C.F.R. 73.622(i), and
> accompanying Appendix B). In addition, Each Licensee/Permittee that
> has not reported the completion of its full, authorized
> post-transition facility on this Form on or before October 20, 2008,
> must update this Form to report their current status as of that
> date.**
>
> **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.**

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

**APPENDIX D**

**List of Stations Identified as Ready**

**to Commence Post-Transition DTV Operations**

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

**APPENDIX E**

**Final Regulatory Flexibility Act Analysis**

1.  As required by the Regulatory Flexibility Act of 1980, as amended
    ("RFA")[^627] an Initial Regulatory Flexibility Analysis ("IRFA")
    was included in the Notice of Proposed Rulemaking to this proceeding
    ("*Third DTV Periodic Review NPRM*").[^628] The Commission sought
    written public comment on the proposals in the *Third DTV Periodic
    Review NPRM*, including comment on the IRFA.[^629] The Commission
    received no comments on the IRFA. This present Final Regulatory
    Flexibility Analysis ("FRFA") conforms to the RFA.[^630]

## Need for, and Objectives of, the Report and Order

216. This Report and Order in the third periodic review of the
     Commission's rules and policies affecting the conversion of the
     nation's broadcast television system to digital television ("DTV")
     resolves issues necessary to complete this transition from analog
     to DTV. The Commission conducts these periodic reviews in order to
     assess the progress of the DTV 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.

217. With the DTV transition deadline less than 14 months away, our
     focus is now on overseeing broadcasters' construction of facilities
     that will reach viewers in their authorized service areas by the
     time they must cease broadcasting in analog. Specifically, this
     Report and Order adopts rules to ensure that broadcasters meet
     their statutory responsibilities and can begin operations on their
     final, post-transition (digital) channels upon expiration of the
     February 17, 2009 transition deadline. The Commission wants to
     ensure that no consumers are left behind in the DTV transition. The
     Commission recognizes that the transition is a complex undertaking
     presenting many challenges to the broadcast industry, and that some
     disruption of television service may be unavoidable leading up to
     the analog turn-off. Therefore, the Commission adopts rules to
     offer broadcasters regulatory flexibility, while at the same time
     requiring broadcasters to maintain the best possible television
     service to the public and meet viewers' over-the-air reception
     expectations after the transition date.

218. The purpose of this Report and Order, generally, is to (1) provide
     a progress report on the transition; (2) describe the status and
     readiness of full-power television broadcast stations to complete
     their transition; (3) adopt procedures and rule changes necessary
     to ensure that broadcasters meet the statutory transition deadline
     and complete construction of their final, post-transition
     facilities while maintaining the best possible television service
     to their viewers; and (4) address other issues related to the
     transition. Stations face many challenges in order to be ready to
     make their transition by the February 17, 2009 statutory transition
     deadline. Stations must focus their full attention on constructing
     their final digital facilities before they must cease analog
     operations.

219. The primary objectives of this Report and Order is to ensure that,
     by the February 17, 2009 transition date, all full-power television
     broadcast stations (1) cease analog broadcasting and (2) complete
     construction of, and begin operations on, their final, DTV
     facility. In addition, the Report and Order offers broadcasters to
     the extent possible regulatory flexibility to meet these
     goals.[^631]

220. [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.[^632] 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.

221. [Construction deadlines for DTV facilities]{.underline}. The Report
     and Order sets deadlines for all full-power television broadcast
     stations to complete construction of their final, post-transition
     (DTV) facility in order to ensure that DTV stations will be
     providing service on their final, post-transition channels by the
     February 17, 2009 transition date.[^633] The Report and Order sets
     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. The Report and Order establishes the following
     deadlines for full-power television broadcast stations to construct
     their full, authorized post-transition (digital) facilities (as
     defined in the post-transition DTV Table Appendix B): (1) May 18,
     2008 will be the construction deadline for stations that will use
     their pre-transition DTV channel for post-transition operations and
     already have a construction permit that matches their
     post-transition (DTV Table Appendix B) facilities; (2) August 18,
     2008 will be the construction deadline for stations that will use
     their pre-transition DTV channel for post-transition operations,
     but do not have a license or construction permit that matches their
     post-transition (DTV Table Appendix B) facilities; (3) February 17,
     2009 will be the construction deadline for: (a) stations building
     digital facilities based on a new channel allotment in the
     post-transition DTV Table, *i.e.*, stations that will be returning
     to their analog channel or moving to a new digital channel for
     post-transition operations; and (b) stations demonstrating that a
     unique technical challenge, such as the need to reposition a
     side-mounted antenna, prevents them from completing construction of
     their final DTV facilities.

222. The Report and Order also adopts rules and policies to limit the
     situations in which stations may obtain more time to satisfy the
     construction deadlines adopted for completion of final,
     post-transition facilities.[^634] Stations with a construction
     deadline on or before February 17, 2009 must comply with the
     revised rule Section 73.624(d).[^635] Specifically, the revised
     rule Section 73.624(d) no longer grants stations additional time to
     construct because of equipment delays, absent extraordinary
     circumstances.[^636] The revised rule also requires a stronger
     demonstration of financial hardship than is now required.[^637] The
     revised financial hardship standard requires 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 rule 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 must submit a schedule of
     when they expect to complete construction.[^638] As previously
     required, stations making such requests must electronically file
     FCC Form 337.[^639] Stations with a construction deadline occurring
     February 18, 2009 or later may only obtain more time to meet their
     construction deadline under the tolling standard set forth in
     Section 73.3598(b) of the rules, which now applies to DTV
     singletons, analog TV, and other broadcast services.[^640] Stations
     must file a notification to inform the Commission of the
     circumstances that it believes should toll its construction
     period.[^641] Stations filing such notifications must do so
     electronically through the CDBS using the Informal Application
     filing form.

## Summary of Significant Issues Raised by Public Comments in Response to the IRFA

223. There were no comments filed that specifically addressed the rules
     and policies proposed in the IRFA.

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

224. 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 rules adopted.[^642] The RFA generally
     defines the term "small entity" as having the same meaning as the
     terms "small business," small organization," and "small government
     jurisdiction."[^643] In addition, the term "small business" has the
     same meaning as the term "small business concern" under the Small
     Business Act.[^644] 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.[^645]

225. We adopt our tentative conclusion in the *Third DTV Periodic Review
     NPRM* and find that only full-power television broadcast stations
     will be directly and primarily affected by rules adopted in this
     Report and Order. Although we also find that the rules adopted will
     not directly affect Class A TV stations, low power television
     ("LPTV") stations and TV translator stations,[^646] it is still
     possible that these entities may be affected by the rules adopted.
     We find, however, that no other types of entities will be directly
     affected by the rules adopted. Therefore, in this FRFA, we consider
     the impact of the rules adopted on small television broadcast
     stations. A description of such small entities, as well as an
     estimate of the number of such small entities, is provided below.

### Entities Directly Affected By Proposed Rules

226. [Television Broadcasting]{.underline}*.* The rules and policies
     adopted herein 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 \$13.0 million in annual receipts.[^647] Business
     concerns included in this industry are those "primarily engaged in
     broadcasting images together with sound."[^648] The Commission has
     estimated the number of licensed commercial television stations to
     be 1,376.[^649] According to Commission review of the BIA Financial
     Network, MAPro Television Database ("BIA") on March 30, 2007, about
     986 of an estimated 1,374 commercial television stations[^650] (or
     about 72 percent) have revenues of \$13.0 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.[^651] We note, however, that, in assessing whether a business
     concern qualifies as small under the above definition, business
     (control) affiliations[^652] 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.

227. 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.

228. [Class A TV, LPTV, and TV translator stations]{.underline}*.* The
     rules and policies adopted herein 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 \$13.0 million in annual
     receipts.[^653] Currently, there are approximately 567 licensed
     Class A stations, 2,227 licensed LPTV stations, and 4,518 licensed
     TV translators.[^654] 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 \$13.0 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 Not Directly Affected By Rules

229. We adopt our tentative conclusion that the rules adopted herein
     will not directly affect any other types of entities other than
     full-power television broadcast station licensees and
     permittees.[^655] In the *Third DTV Periodic Review NPRM*, we
     invited comment on this tentative conclusion and, in particular,
     out of an abundance of caution, we invited comment from any small
     cable operators, small multichannel video programming distributors
     ("MVPDs"),[^656] or small electronics equipment manufacturers who
     believed they might be directly affected by the proposed
     rules.[^657] We did not receive comments on this issue. Because the
     rules adopted herein pertain only to full-power television
     broadcast licensees and potential licensees of television service,
     we find that these rules will not directly affect small cable
     operators, small MVPDs, or small electronics equipment
     manufacturers. We, thus, adopt our tentative conclusion that these
     entities fall outside the scope of this FRFA. Accordingly, we do
     not discuss these entities, which were listed in the IRFA.[^658]

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

230. The rules and policies adopted by this Report and Order will impose
     mandatory compliance and reporting requirements on full-power
     television broadcast stations, including requiring that such
     stations: (1) must file a form with the Commission no later than
     February 18, 2008 detailing their current transition status and
     their plans for completing their transitions by the statutory
     deadline, and must file updates to these forms as necessary -- and
     at a minimum by October 20, 2008 -- until they report the
     completion of their transition;[^659] (2) must file an application
     for a new or modified construction permit for their final,
     post-transition (DTV) facility, if the station does not have an
     existing construction permit for such facility;[^660] (3) must file
     an application for a license to cover their final, post-transition
     (DTV) facility, if the station does not have an existing license
     for such facility;[^661] (4) 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;[^662] (5) must
     follow a specific format if choosing to identify a licensee that it
     is transmitting on one of its multicast streams;[^663] and (6) must
     file a notification to document their status as a station facing a
     "unique technical challenge" (warranting a February 17, 2009
     construction deadline), if they do not file, or do not include such
     information in, an application for post-transition facilities
     (Forms 301 or 340).[^664]

231. In addition, the rules and policies adopted in this Report and
     Order will impose additional compliance and reporting requirements
     on full-power television broadcast stations that choose to take
     advantage of voluntary opportunities for regulatory flexibility
     offered by this Report and Order. 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 FRFA.[^665]

232. [Transition Status Form]{.underline}. The Report and Order will
     require that every full-power television broadcast station must
     file a form with the Commission no later than February 18, 2008
     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 transition deadline; and (3) their
     timeline to meet the transition deadline.[^666] These filings will
     be posted on the Commission's website. Stations must update the
     form as events warrant and by October 20, 2008 if they have
     reported the completion of their transition. These forms will
     assist the Commission, industry, and the public in assessing
     progress and making plans for the transition 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.

233. [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.[^667] Commercial stations must file
     FCC Form 301 and NCE stations must file FCC Form 340.[^668]
     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.[^669] According to the
     Report and Order, 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.[^670] Thus, both these groups of stations will need to
     file applications for their final, post-transition facility. In
     addition, stations that file such applications will also need to
     file applications for a license to cover their final,
     post-transition facility.

234. [Program System and Information Protocol ("PSIP")
     standard]{.underline}. The Report and Order revises rule 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*.[^671] 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.[^672] The
     Commission has recognized the utility that the ATSC PSIP standard
     offers for both broadcasters and consumers. 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.[^673] 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.

235. [Station Identification Requirement]{.underline}. The Report and
     Order revises rule Section 73.1201 of the rules, regarding station
     identification requirements for DTV stations in circumstances in
     which one of a station's multicast streams is being used to air
     programming provided by another broadcast station or another
     programming source.[^674] In these situations, the rules do not
     require that the source of the programming be identified by the
     station whose multicast stream is being used to carry the
     programming. However, if the station whose multicast stream is
     being used to carry the programming chooses to identify the station
     that is the source of the programming, the rules are revised to
     require that the following format be used in making that station
     identification: "Station WYYY-DT, community of license (call sign
     and community of license of the station whose multicast stream is
     transmitting the programming), bringing you WXXX, community of
     license (call sign and community of license of the licensee
     providing the programming)."

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

236. 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.[^675]

237. 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.

238. The Report and Order, however, does offer stations opportunities
     for regulatory flexibility with respect to the other mandatory
     compliance requirements, most specifically to the post-transition
     construction deadlines. In formulating these opportunities for
     regulatory flexibility, the Commission considered the benefits of
     such regulatory relief to small stations, particularly to NCE
     stations and small market stations (*i.e.*, stations which are not
     a top-four network in markets 1-100). To qualify for, and benefit
     from, some of these opportunities, however, stations must satisfy
     additional compliance or reporting requirements.

239. Such opportunities for regulatory flexibility adopted by this
     Report and Order that will benefit small stations include the
     following: (1) Stations may qualify for expedited processing of
     their applications to build post-transition facilities to speed
     their receipt of construction permits for such facilities; (2)
     Stations that will not use their pre-transition DTV channel for
     post-transition operations may forego further construction of their
     pre-transition DTV channel to the extent that such a facility has
     been partially built in order to focus their efforts on
     constructing their final DTV facility on their post-transition
     channel; (3) Stations may seek STA for one of two provisions for a
     "phased transition" that would afford qualifying stations
     regulatory relief in meeting their post-transition construction
     deadlines without disappointing viewer expectations after the
     transition date; and (4) Stations may request Commission approval
     to reduce or terminate analog TV or pre-transition DTV service
     before the transition date if doing so would facilitate their
     transition, provided they satisfy a viewer notification
     requirement.

240. [Expedited Processing]{.underline}. The Report and Order adopts
     rules and policies to offer expedited processing of stations'
     applications to build their post-transition facilities that may
     well benefit smaller stations. Stations may obtain expedited
     processing provided that their application: (1) does not seek to
     expand the station's facilities beyond its final DTV Table Appendix
     B facilities; (2) specifies facilities that are no more than five
     percent smaller than those specified in the post-transition DTV
     Table Appendix B (with respect to predicted population); and (3) is
     filed within 45 days of the effective date of this Report and
     Order.[^676] 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.

241. [Minor Expansion Applications]{.underline}. The Report and Order
     also adopts a waiver policy that will permit rapid approval of
     minor (*i.e.*, not exceeding 5 miles) expansion applications filed
     by stations that will not use their pre-transition DTV channel for
     post-transition operation. This policy will allow added flexibility
     for stations that wish to use their existing analog channel
     antenna, which provides benefits for the successful completion of
     the transition by reducing the demands on equipment suppliers and
     installation crews during a critical time as the transition date
     nears.[^677]

242. [Regulatory Relief in Meeting Construction Deadlines]{.underline}.
     With respect to the construction deadlines established for stations
     to build final, post-transition facilities, the Report and Order
     offers 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 statutory transition date.
     Small stations, including NCE stations and small market stations
     (*i.e.*, stations which are not a top-four network in markets
     1-100) may particularly benefit from these opportunities for
     regulatory relief because of the unique challenges they may face in
     completing their transition.

243. While establishing a stricter standard for requests for extension
     of time to construct DTV facilities, the Report and Order
     eliminates the requirement for some stations that they build
     pre-transition DTV facilities on channels that are not their
     post-transition channel.[^678] 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 Report and Order also allows stations to operate on newly
     allotted post-transition facilities before the transition deadline
     provided they would not interfere with existing, pre-transition
     service.[^679]

244. [Provisions for a Phased Transition]{.underline}. The Report and
     Order permits stations that are moving to a different DTV channel
     for post-transition operations to temporarily remain on their
     pre-transition DTV channel while they complete construction of
     their final digital facilities, provided: (1) They build facilities
     that serve at least the same population that receives their current
     analog TV and DTV service so that over-the-air viewers will not
     lose TV service; and (2) They do not cause impermissible
     interference to other stations or prevent other stations from
     making their transition.[^680] The Report and Order also permits
     stations to operate their post-transition facilities, pursuant to
     STA, at less than their full, authorized facilities, provided: (1)
     They demonstrate a legitimate impediment to the construction of
     such facilities; (2) They build facilities that serve at least the
     same population that receives their current analog TV and DTV
     service so that over-the-air viewers will not lose TV service;
     and (3) They do not cause impermissible interference to other
     stations or prevent other stations from making their
     transition.[^681] To provide additional regulatory relief for NCE
     and small market stations (*i.e.*, stations which are not a
     top-four network in markets 1-100), the Commission will consider on
     case-by-case basis allowing these stations a reduced service
     requirement if their circumstances warrant it.[^682]

245. [Permanent Reduction or Termination of Analog TV or Pre-Transition
     DTV Service]{.underline}. To facilitate the construction of, and
     commencement of operations on, post-transition facilities, the
     Report and Order provides stations with the flexibility to
     permanently reduce or terminate their analog or pre-transition
     digital service before the transition date, provided the station
     satisfies the following two requirements: (1) The station
     demonstrates that its service reduction or termination is directly
     related to the construction and operation of its, or another
     station's, post-transition facilities; and (2) The station notifies
     viewers on its pre-transition channel(s) about the planned service
     reduction or termination and informs them about how they can
     continue to receive the station.[^683] In addition, stations may
     file only a notification to permanently reduce or terminate analog
     or pre-transition DTV service within 90 days of the transition
     date, subject only to a viewer notification requirement. These
     opportunities may provide financial relief to small stations by
     freeing them to focus their efforts on completion of their final,
     post-transition facility. Stations must file these requests
     electronically through the CDBS using the Informal Application
     filing form.

246. [Temporary Service Disruptions of Less Than 30 Days]{.underline}.
     The Report and Order also clarifies that Section 73.1615 of the
     Commission's rules permits stations to reduce or cease service
     temporarily without prior Commission approval in order to modify
     existing facilities.[^684] Stations may use this existing provision
     to temporarily reduce or cease existing analog or pre-transition
     digital service where necessary to facilitate construction of final
     post-transition facilities. Because this provision does not require
     prior Commission authorization, and does not require licensees to
     justify the need for the service disruption, this provision gives
     stations substantial flexibility to temporarily reduce or cease
     analog or digital service pre-transition. Stations must notify the
     Commission before commencing the temporary reduction or cessation
     of service, but do not need prior Commission approval. The
     flexibility accorded by Section 73.1615 is intended for service
     disruptions of 30 days or less. Stations must file these
     notifications (pursuant to Section 73.1615) electronically through
     the CDBS using the Informal Application filing form.

247. [Other Alternatives Considered]{.underline}. The *Third DTV
     Periodic Review NPRM* sought comment on whether small broadcasters
     would be particularly impacted by updating Section 73.682(d) to
     reflect the new revisions to the ATSC PSIP standard. No comments
     were received on this issue. The Report and Order determines that
     the value of EITs to consumers outweighs the burdens of this
     requirement.[^685] The *Third DTV Periodic Review NPRM* also
     encouraged broadcasters to suggest alternative proposals that would
     avoid the imposition of significant and unreasonable burdens on
     small TV broadcasters, 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. No
     comments were received on this issue.

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

248. None.

## Report to Congress

249. The Commission will send a copy of this Report and Order, including
     this FRFA, in a report to be sent to Congress pursuant to the
     Congressional Review Act.[^686] In addition, the Commission will
     send a copy of this Report and Order, including the FRFA, to the
     Chief Counsel for Advocacy of the Small Business Administration. A
     copy of this Report and Order and FRFA (or summaries thereof) will
     also be published in the Federal Register.[^687]

     **APPENDIX F**

     **Stations Granted Extension Requests**

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

**STATEMENT OF**

**CHAIRMAN KEVIN J. MARTIN**

*Re: Third Periodic Review of the Commission's Rules and Policies
Affecting the Conversion to Digital Television.*

Today we take another important step toward facilitating a timely
digital transition. Facilitating a smooth transition, however, is not an
easy task. With this Order, the Commission has made technical
adjustments to its rules and policies to enable broadcasters to take the
actions necessary to complete the conversion from analog to digital. As
all major changes tend to be, the coming transition to digital
television transmission is an exciting---but complicated---revolution.
The rules we adopt in this item attempt to provide broadcasters the
flexibility they need while at the same time ensuring that any
disruption to over-the-air viewers is minimized to the fullest extent
possible.

Importantly, the Commission's oversight over this process does not end
here. We require broadcasters to update us on their progress toward
meeting their statutory deadline for the transition. Such reports must
be filed in February 2008 and October 2008. The Commission will review
this information, assess the progress toward meeting the transition, and
take whatever actions are necessary to ensure that the digital
transition remains on track. 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. We are committed to making the
digital transition proceed as swiftly and smoothly as possible.

**SEPARATE STATEMENT OF**

**COMMISSIONER MICHAEL J. COPPS**

Re: *In the Matter of Third Periodic Review of the Commission's Rules
and Policies Affecting the Conversion to Digital Television.*

One year earlier would have been the charm. Sometimes timing is
everything, and here a year\'s earlier start might have been the
difference between a seamless and a chaotic Digital TV Transition. Had
we acted then, we could have established a far more measured and orderly
switch-over process, and the difficult trade-offs and compressed
schedules contained in this Order could have been largely avoided. If a
dissent could legitimately be based on frustration at being stuck in
this situation, I would dissent today---I am that frustrated by our
inaction.

But we are where we are. Given that fact, I think the Order does an
acceptable job of balancing the various technical and policy factors in
play. Unfortunately, at this point, the transition will not be as smooth
as it might have been. Not every consumer will have access to all of
their analog broadcast channels on February 17, 2009 and then wake up
happily the next morning to those same stations in digital. There will
be some period of time---perhaps before the transition date and almost
certainly after---in which some stations may not be able to provide
service to all of their viewers. Thankfully, the Order adopts our
earlier proposal to require every broadcast station in the country to
file a DTV status report this February---telling us where they are, what
more they need to do, and how they plan to get there. Those reports
should give us a much better picture of specific issues that may
arise---hopefully, with enough time to address them.

Pulling the switch on stations all across the land at one and the same
time in February 2009 is going to be a real throw of the dice. It is
unfathomable to me that we are planning to turn off every analog signal
in the country on a single day without running at least one test market
first. Other countries are transitioning over time, with phased
schedules. The United Kingdom, for example, is transitioning between
2007 and 2012, region-by-region, learning at every step along the way
and making the necessary adjustments. The UK recently transitioned the
small town of Whitehaven as the first step in a multi-year transition
plan; a few years ago, Germany took a similar step in Berlin. The
lessons learned from those initial test markets doubtless will prove
invaluable to those countries' broader transition efforts. We need some
of that real-world experience here. Why in the world aren\'t we doing
that? I am encouraged that the Chairman and my colleagues are willing to
sit down now and begin exploring the idea of one or more DTV
demonstration projects around the country. I recognize there may be
legal, technical, and practical challenges with planning and conducting
such a test this close to the national transition date. But I believe it
can be done. At least---for the sake of a successful DTV
transition---let's hope it can.

**STATEMENT OF**

**COMMISSIONER JONATHAN S. ADELSTEIN**

*Re: In the Matter of Third Periodic Review of the Commission's Rules
and Policies Affecting the Conversion To Digital Television.*

I have long advocated that the Commission take steps to ensure that
over-the-air viewers are not disenfranchised during or after the digital
TV transition, and that all full-power stations are prepared to cease
analog transmission and to operate in digital by the end of the
transition on February 17^th^, 2009. I support this item because it
provides critical information for broadcasters to complete their
station's transition from analog to digital transmission. I am pleased
we took steps to ensure that this Order, in large part, offers the
flexibility and guidance required for broadcasters to make the necessary
transition. It is too late in the game to put broadcasters under unduly
tight restraints as they rush to complete so much work in so little
time.

I am also pleased we recently accelerated our consideration of this
Order. For example, in much of the country, important technical work on
towers and antennae cannot be accomplished in the winter months, so
every day is critical. We have lost valuable time focused on other more
tangential aspects of the transition while not moving forward on
clarifying urgent demands on broadcasters to get a huge job done in
short order. While this should have been completed even earlier, it is
critical that we finished this year.

Because the law does not provide for any waivers or extensions of time,

February 17^th^, 2009 is indeed the last day that full-power broadcast
stations will be allowed to transmit in analog. There are a total of
1,812 stations that will be serving the American people after the
transition but, to date, a little over 800 stations are considered to
have fully completed construction of their digital facilities and are
capable of broadcasting in digital in the final position from which they
will broadcast. This data demonstrates the urgent need to have in place
the deadlines we establish in this Order for broadcasters to finish
their construction. This is especially important because the failure by
broadcasters to do so will result in their loss of interference
protection.

So, I am encouraged that we have at last lit the pathway for
broadcasters, who have invested billions into this effort, to take the
final steps on completing the analog to digital transition. I believe
this item strikes the appropriate balance in providing specific guidance
while taking into account the various conditions faced by each
broadcaster. In particular, while this Order sets strict construction
deadlines, the item also recognizes the unique technical challenges and
other considerations, including weather, equipment shortages, and
availability of tower crews, facing broadcasters. Broadcasters with
genuine and demonstrable difficulties should be allowed the requisite
flexibility, whether it is extensions, late transitions, or
pre-transition service reductions and terminations. This additional
flexibility should alleviate some of the technical challenges and other
concerns broadcasters have raised in this proceeding.

I continue to believe, however, that poor long-term planning and the
continued lack of a national, federal and an internal FCC coordination
plan have left us in the unfortunate position of playing catch-up.
Rather than being proactive -- anticipating problems and concerns, and
developing an effective strategy -- we've been reactive. And so while
this *Order* helps to propel the DTV Transition forward, we must be
mindful that there is still a lot at stake and we owe it to the American
public not to fail.

I think we have truly taken the right step by establishing a requirement
that broadcasters complete a transition status form detailing their
transition status, any additional steps needed to commence their full,
digital operations, as well as their timeline to meet the February 17,
2009 deadline. I appreciate the majority support for additionally
committing to prepare a report on the status of the DTV transition on
the basis of the information provided in these forms. It is imperative
that we have a comprehensive sense of where each full-power broadcast
station is prior to the end of the transition. And while each individual
form will be posted on the Commission's website, we, along with
Congress, will benefit from a comprehensive report to provide both the
broadcaster and ourselves sufficient time for any mid-course correction.

As I've reiterated during this process, everyone has a lot invested in
this transition, and with coordinated effort, we can succeed in getting
it done right.

**STATEMENT OF**

**COMMISSIONER DEBORAH TAYLOR TATE**

*Re: Third Periodic Review of the Commission's Rules and Policies
Affecting the Conversion to Digital Television.*

This Order reflects the joint commitment of broadcasters, industry, and
the FCC to ensuring a seamless transition for all Americans on February
17, 2009. The multifaceted details of the DTV transition are
highly-technical and require expert attention. We must provide
broadcasters support and structure as we close in on the final months
before the transition.\
\
This Order is the result of input from broadcasters, and will allow them
flexibility in making structural changes to their facilities. A
one-size-fits-all approach is not prudent for an industry that serves
thousands of diverse communities. From visiting the top of the Empire
State Building with engineers, to meeting with local Tennessee
broadcasters, one thing is clear\-- this will take individualized
planning for the unique issues all across the country. I am pleased that
this Order represents an understanding of the geographic, economic, and
technical realities faced by American broadcasters as we approach the
transition deadline.\
\
The DTV transition is the most significant television revolution since
the advent of color tv, and will likely result in incredible innovations
for consumers as we realize the benefits of valuable spectrum now
available for new technologies. I hope that we will continue to work
together to effect a smooth and seamless transition.

**STATEMENT OF**

**COMMISSIONER ROBERT M. MCDOWELL**

*Re: Third Periodic Review of the Commission's Rules and Policies
Affecting the Conversion to Digital Television.*

Today's Order provides a progress report on the digital transition,
establishes 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. The specifics set forth in the Order regarding 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 they have, will help ensure that the complicated,
coordinated switch to DTV becomes a reality.

Of course, the broadcasters and the Commission still have a tremendous
amount of work to do before February 17, 2009. The transition is an
extremely complex undertaking that presents many challenges to the
industry and to us as regulators. Many broadcasters will want more
flexibility than we grant them in this Order. However, we have attempted
to balance carefully their need for flexibility and certainty with the
Commission's obligation to oversee the transition for the benefit of
over-the-air viewers.

I thank and congratulation the Media Bureau staff for their tireless
work on this Order.

[^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*.

[^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*
    notes 9 and 10, *infra*.

[^3]: *Third Periodic Review of the Commission's Rules and Policies
    Affecting the Conversion to Digital Television*, MB Docket No.
    07-91, Notice of Proposed Rulemaking, 22 FCC Rcd 9478 (2007)
    ("*Third DTV Periodic Review NPRM*").

[^4]: *See* Appendix A -- List of Commenters. Comments in response to
    the *Third DTV Periodic Review NPRM* were due Aug. 15, 2007, and
    replies were due Aug. 30, 2007. *See* *Third Periodic Review of the
    Commission's Rules and Policies Affecting the Conversion to Digital
    Television*, MB Docket No. 07-91, Order Granting Extension of Time
    for Filing Comments and Reply Comments, 22 FCC Rcd 15046 (2007)
    (order granting seven-day extension of time to file comments in the
    proceeding).

[^5]: We note that the statutory transition deadline applies only to
    full-power stations. *See* 47 U.S.C. §§ 309(j)(14) and 337(e). The
    transition timing for low power, translator and Class A stations
    will be addressed in a separate proceeding. *See 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*").

[^6]: The details of each station's channel assignment, including
    technical facilities and predicted service and interference
    information, are set forth in the DTV Table Appendix B. *See* 47
    C.F.R. § 73.622(i), which codifies the post-transition DTV Table.
    *See also Advanced Television Systems and their Impact Upon the
    Existing Television Broadcast Service*, MB Docket No. 87-268,
    Seventh Report and Order and Eighth Further Notice of Proposed Rule
    Making, 22 FCC Rcd 15581 (2007) ("*Seventh Report and Order*" and
    "*Eighth Further Notice*"). 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 also* *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*") (setting forth a channel for each
    eligible broadcast TV station in the proposed new DTV Table).

[^7]: *See* 47 U.S.C. §336(g).

[^8]: *See* *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9478.

[^9]: *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).

[^10]: *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*").

[^11]: *See* 47 C.F.R. § 73.622(i), which codifies the post-transition
    DTV Table. *See also Seventh Report and Order,* App. B. The
    Commission proposed the post-transition DTV Table in the October
    2006 *Seventh Further Notice*. *See Seventh FNPRM* at App. B. 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) ("*DTV Second
    Memorandum Opinion and Order*"). 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*").

[^12]: 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).

[^13]: Previously, 47 U.S.C. § 309(j)(14) provided an exception to the
    earlier December 31, 2006 transition deadline under several
    market-by-market criteria. 47 U.S.C. § 309(j)(14)(B)(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.

[^14]: *See* 47 U.S.C. § 337(e)(1).

[^15]: *Id.*

[^16]: *See generally* *Third DTV Periodic Review NPRM*, 22 FCC Rcd
    9478.

[^17]: *Id*. at 9516-9519, ¶¶ 92-96.

[^18]: *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.

[^19]: 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.

[^20]: *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*"). The freeze,
    which was imposed on August 3, 2004 -- prior to the commencement of
    the channel election process, precludes parties from filing the
    following items: (i) petitions for rulemaking to change DTV channels
    within the current DTV Table, (ii) petitions for rulemaking to
    establish a new DTV channel allotment, (iii) petitions for
    rulemaking to swap in-core DTV and NTSC channels; (iv) applications
    to change DTV channel allotments among two or more licensees; (v)
    petitions for rulemaking by licensees/permittees to change NTSC
    channels or communities of license; (vi) applications to maximize
    DTV or analog TV facilities; and (vii) certain Class A television
    station applications. The freeze does not prevent the processing of
    pending applications. *See* *id*. *See also* 47 C.F.R. §§ 73.1690,
    73.3533, 73.3538.

[^21]: In the *Seventh Report and Order*, we denied seven requests of
    stations seeking a waiver of the filing freeze, except for one
    station which demonstrated unique circumstances. *Seventh Report and
    Order*, 22 FCC Rcd at 15618-9, ¶ 90.

[^22]: *Seventh Report and Order* at apps. A and B. *See also* 47 C.F.R.
    § 73.622(i). Approximately 123 stations have filed petitions for
    reconsideration of the *Seventh Report and Order*, which remain
    pending. Most of the Petitions request changes to facilities
    previously certified. These requests will be addressed in a separate
    Order of Reconsideration after the conclusion of the period for
    oppositions and responses. In the *Eighth Further Notice*, which
    accompanied the *Seventh Report and Order*, the Commission announced
    TCDs for three new permittees that recently attained permittee
    status and also considered requests for substantive modifications to
    the post-transition DTV Table which were made after the close of the
    comment period for the *Seventh Further Notice*. Comments on these
    proposed changes to DTV Table in the *Eighth Further Notice* were
    due Oct. 10, 2007 and replies were due Oct. 25, 2007. *See* Public
    Notice, "Media Bureau Announces Comment and Reply Comment Dates for
    the DTV Eighth Further Notice of Proposed Rule making, MB Docket No.
    87-268," 22 FCC Rcd 16846 (2007).

[^23]: *See* *Seventh Report and Order*, 22 FCC Rcd at 15583, ¶ 2.

[^24]: As explained below in Section V.B.7.a., some stations will be
    permitted to use their pre-transition DTV channel, temporarily,
    after the February 17, 2009 transition date. 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. We anticipate initiating another proceeding to address
    these and other "clean-up" changes to our rules to eliminate
    outdated references to analog and out-of-core operations. *See
    Seventh Report and Order,* 22 FCC Rcd at 15583, ¶1 n.1.

[^25]: We addressed and resolved 30 similar requests that were raised
    during the comment period for the *Seventh Report and Order*, and we
    will address these additional requests on reconsideration.

[^26]: 47 U.S.C. § 405 ("A petition for reconsideration must be filed
    within 30 days from the date upon which public notice is given of
    the order, decision, report, or action complained of.")

[^27]: *See* discussion in Section V.E., *infra* (allowing expansion of
    facilities up to five miles if necessary to serve current analog
    viewers).

[^28]: *See* 5 U.S.C. § 553(b)(3)(B) (allowing for implementation
    without notice and comment if good cause exists where "notice and
    public procedure thereon are impracticable, unnecessary, or contrary
    to the public interest"). Where any requested change to the Table or
    Appendix may affect another station's operations, we expect the
    Bureau to issue an NPRM and provide an opportunity for public
    comment. Stations should file in Docket No. 87-268 when seeking a
    correction to Appendix B.

[^29]: *See* 47 U.S.C. § 337(e)(1).

[^30]: DTV Act § 3003-4.

[^31]: *See* *Service Rules for the 698-746, 747-762 and 777-792 MHz
    Bands, WT Docket No. 06-150, Revision of the Commission's Rules to
    Ensure Compatibility with Enhanced 911 Emergency Calling Systems, CC
    Docket No. 94-102, Section 68.4(a) of the Commission's Rules
    Governing Hearing Aid-Compatible Telephones, WT Docket No. 01-309,
    Biennial Regulatory Review -- Amendment of Parts 1, 22, 24, 27, and
    90 to Streamline and Harmonize Various Rules Affecting Wireless
    Radio Services, WT Docket 03-264, Former Nextel Communications, Inc.
    Upper 700 MHz Guard Band Licenses and Revisions to Part 27 of the
    Commission's Rules, WT Docket No. 06-169, Implementing a Nationwide,
    Broadband, Interoperable Public Safety Network in the 700 MHz Band,
    PS Docket No. 06-229, Development of Operational, Technical and
    Spectrum Requirements for Meeting Federal, State and Local Public
    Safety Communications Requirements Through the Year 2010, WT Docket
    No. 96-86, Declaratory Ruling on Reporting Requirement under
    Commission's Part 1 Anti-Collusion Rule, WT Docket No. 07-166*,
    Report and Order and Further Notice of Proposed Rulemaking, 22 FCC
    Rcd 8064 (2007) ("*700 MHz First Report and Order*").

[^32]: *See Service Rules for the 698-746, 747-762 and 777-792 MHz
    Bands, WT Docket No. 06-150, Revision of the Commission's Rules to
    Ensure Compatibility with Enhanced 911 Emergency Calling Systems, CC
    Docket No. 94-102, Section 68.4(a) of the Commission's Rules
    Governing Hearing Aid-Compatible Telephones, WT Docket No. 01-309,
    Biennial Regulatory Review -- Amendment of Parts 1, 22, 24, 27, and
    90 to Streamline and Harmonize Various Rules Affecting Wireless
    Radio Services, WT Docket 03-264, Former Nextel Communications, Inc.
    Upper 700 MHz Guard Band Licenses and Revisions to Part 27 of the
    Commission's Rules, WT Docket No. 06-169, Implementing a Nationwide,
    Broadband, Interoperable Public Safety Network in the 700 MHz Band,
    PS Docket No. 06-229, Development of Operational, Technical and
    Spectrum Requirements for Meeting Federal, State and Local Public
    Safety Communications Requirements Through the Year 2010, WT Docket
    No. 96-86, Declaratory Ruling on Reporting Requirement under
    Commission's Part 1 Anti-Collusion Rule, WT Docket No. 07-166*,
    Second Report and Order, 22 FCC Rcd 15289 (2007) ("700 MHz Second
    Report and Order").

[^33]: *See* Public Notice, "Auction of 700 MHz Band Licenses Scheduled
    for January 24, 2008: Notice and Filing Requirements, Minimum
    Opening Bids, Reserve Prices, Upfront Payments, and Other Procedures
    for Auctions 73 and 76," AU Docket No. 07-157 (rel. Oct. 5, 2007);
    Public Notice, "Auction of 700 MHz Band Licenses; Revised Procedure
    for Auctions 73 and 76: Additional Default Payment for D Block Set
    at Ten Percent of Winning Bid Amount; Disputed Issues in the
    Negotiation of Network Sharing Agreement," WT Docket No. 06-150,
    (rel. Nov. 2, 2007).

[^34]: *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), recon. 13 FCC Rcd 21578 (1998) ("*Upper 700 MHz Reallocation
    Order"*); *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) ("*Upper 700
    MHz First Report and Order*").

[^35]: *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"*);
    *Reallocation and Service Rules for the 698-746 MHz Spectrum Band
    (Television Channels 52-5*9), GN Docket No. 01-74, Memorandum
    Opinion and Order, 17 FCC Rcd 11613 (2002) ("*Lower 700 MHz MO&O*").

[^36]: *See* Balanced Budget Act of 1997, Pub. L. No. 105-33, 111 Stat.
    251 § 3004 (1997) (adding new § 337 of the Communications Act);
    Upper 700 MHz Reallocation Order, 12 FCC Rcd at 22955 ¶ 5.

[^37]: *See* 47 U.S.C. § 337(a) (enacted by the Balanced Budget Act of
    1997 § 3004, which added new Section 337(a) and established an
    initial timetable for conducting auctions).

[^38]: *See* *Former Nextel Communications, Inc. Upper 700 MHz Guard
    Band Licenses and Revisions to Part 27 of the Commission\'s Rules,
    Development of Operational, Technical and Spectrum Requirements for
    Meeting Federal, State and Local Public Safety Communications
    Requirements Through the Year 2010*, WT Docket Nos. 06-169 and
    96-86, Notice of Proposed Rule Making, 21 FCC Rcd at 10414, ¶ 1 n.1
    (2006).

[^39]: 47 U.S.C. § 309(j)(14)(C)(i)(II) (2005).

[^40]: *See* *DTV Memorandum Opinion and Order of the Sixth Report and
    Order,* 13 FCC Rcd at 7435-36, ¶ 42 (1998). The Commission stated
    that expanding the DTV core spectrum would permit recovery of 108
    megahertz of spectrum at the end of the DTV transition period. *Id*.
    at 7436, ¶ 45. Interference protections for current channel 51
    licensees and new channel 51 allotments, vis a vis Wireless
    Communications Service auction winners, is discussed in Section V.F.
    (¶ 169), *infra*.

[^41]: 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).

[^42]: *See Second DTV Periodic Report and Order*, 19 FCC Rcd at
    18311-18319, ¶¶ 72-87.

[^43]: *Id.* at 18314-18315, ¶ 78.

[^44]: *Id*. at 18317-18318, ¶¶ 85-86.

[^45]: 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.

[^46]: *See* ¶ 14, *infra*.

[^47]: *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 was
    coordinated with Canada and Mexico, "checklist" facilities generally
    did not require further international coordination.

[^48]: *See generally* DTV Build-Out; Applications Requesting Extension
    of the Digital Television Construction Deadline, Order, 22 FCC Rcd
    9789 (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, 22 FCC Rcd 9750 (2007) ("*Use or Lose
    Order*"). Three petitions for reconsideration were filed to the
    *Construction Deadline Extension Order* and 11 petitions for
    reconsideration were filed to the *Use or Lose Order*. *See* Public
    Notice, "DTV Channel Election Information and Deadlines," 19 FCC Rcd
    19569 (MB 2004) ("*Certification Deadline PN*").

[^49]: *See Construction Deadline Extension Order*, 22 FCC Rcd at
    9789-90, ¶ 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*.

[^50]: November 18, 2007 is based on six months from the release date of
    the *Construction Deadline Extension Order* (May 18, 2007).

[^51]: *See id.* at 9792, ¶¶ 10-61.

[^52]: *See id*. at 9802-9805, Section III.B. (¶¶ 62-81). As discussed
    in the *Third DTV Periodic Review NPRM,* 22 FCC Rcd at 9506, ¶ 73,
    the Commission also granted CP extensions until February 17, 2009 to
    four stations, facing unique technical challenges (*e.g.*,
    side-mounted/top-mounted antenna-related issues) preventing them
    from completing construction of their DTV facilities. *See
    Construction Deadline Extension Order*, 22 FCC Rcd at 9789-90, ¶ 1
    and 9805-9806 Section III.C. (¶¶ 82-87). As discussed in the *Third
    DTV Periodic Review NPRM,* 22 FCC Rcd at 9508, ¶ 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 Construction Deadline Extension Order*, 22 FCC Rcd
    at 9806-9809, Section III.D. and E. (¶¶ 88-99).

[^53]: *See Use or Lose Order*, 22 FCC Rcd at 9751, ¶ 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*.

[^54]: The Commission granted these applications an additional six
    months from the release date of the Use *or Lose Order* in which to
    complete construction. *See id.* at 9751, Section V.A. (¶¶ 10-63).

[^55]: *See id*. at 9760-9761, ¶ 64. As discussed in the *Third DTV
    Periodic Review NPRM,* 22 FCC Rcd at 9506, ¶ 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 Use or Lose
    Order*, 22 FCC Rcd 9751, ¶ 1 and 9764-9769, Section III.C. (¶¶
    79-115). As discussed in the *Third DTV Periodic Review NPRM,* 22
    FCC Rcd at 9507, ¶ 78, the Commission denied the "use or lose"
    waiver requests of seven stations. *See Use or Lose Order*, 22 FCC
    Rcd at 9751, ¶ 1 and 9769-9771, Section III.D. (¶¶ 116-126). As
    discussed in the *Third DTV Periodic Review NPRM,* 22 FCC Rcd at
    9507, ¶ 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). *See Use or Lose Order*, 22 FCC Rcd at
    9751, ¶ 1 and 9771-9772, Section III.E. (¶¶ 127-136).

[^56]: *See Construction Deadline Extension Order*, 22 FCC Rcd at 9790,
    ¶¶ 2-3; and *Use or Lose Order*, 22 FCC Rcd at 9752, ¶¶ 3-4.

[^57]: *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9501, ¶ 57. Since
    the release of the *Construction Deadline Extension* and
    *Use-or-Lose orders*, 83 stations have filed extension requests and
    69 stations have filed for use-or-lose waivers. These numbers
    include requests for additional time as well as new requests filed
    with respect to deadlines that occurred after the Orders were
    drafted. The *Third DTV Periodic Review NPRM* did not require the
    usual reporting and progress requirements for some stations
    according to the rules of the *Construction Deadline Extension
    Order*, in light of the ongoing consideration of this Report and
    Order. *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9510, ¶ 77
    n.142. Similarly, the *Third DTV Periodic Review NPRM* withheld
    admonishment of some stations under the *Use or Lose Order* pending
    adoption of rules in this proceeding. *Third DTV Periodic Review
    NPRM*, 22 FCC Rcd at 9510-11, ¶ 78.

[^58]: The "core spectrum" is comprised of low-VHF channels 2 to 4
    (54-72 MHz) and 5 to 6 (76-88 MHz), high-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).

[^59]: *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.").

[^60]: *See* ¶ 10, *supra*.

[^61]: *See Status Reports on DTV Applications and Buildout Topics*,
    available at <http://www.fcc.gov/mb/video/dtvstatus.html>. This data
    is publicly available and frequently updated.

[^62]: *Id.*

[^63]: *Id.* 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).

[^64]: The Nielsen Company.

[^65]: *Id.*

[^66]: *Id.*

[^67]: *Id.*

[^68]: *See Ex Parte* Comments of CEA in MB Docket No. 03-15 (dated
    April 2, 2007) ("CEA Ex Parte").

[^69]: *Id.*

[^70]: Consumer Electronics Association\'s Semi-Annual U.S. Sales and
    Forecasts Report, July 2007.

[^71]: 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*").

[^72]: *See Second Periodic Review of the Commission's Rules and
    Policies Affecting the Conversion to Digital Television*, MB Docket
    No. 03-15, Second Report and Order, 22 FCC Rcd 8776 (2007)
    ("*Labeling Order*").

[^73]: Specifically, the *Labeling Order* requires that anyone that
    sells or offers for sale or rent television receiving equipment that
    does not contain a DTV tuner must display the following consumer
    alert, in a size of type large enough to be clear, conspicuous and
    readily legible, consistent with the dimensions of the equipment and
    the label, at the point of sale: "CONSUMER ALERT: This television
    receiver has only an analog broadcast tuner and will require a
    converter box after February 17, 2009, to receive over-the-air
    broadcasts with an antenna because of the Nation's transition to
    digital broadcasting. Analog-only TVs should continue to work as
    before with cable and satellite TV services, gaming consoles, VCRs,
    DVD players, and similar products. For more information, call the
    Federal Communications Commission at 1-888-225-5322 (TTY:
    1-888-835-5322) or visit the Commission's digital television website
    at: www.dtv.gov." *Id*. at ¶ 14. This requirement applies to the
    sale or rent of such equipment via direct mail, catalog, or
    electronic means (*e.g.*, the Internet). *Id*.

[^74]: *Id*. at ¶ 1.

[^75]: 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).

[^76]: 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.

[^77]: *See generally* *NTIA Coupon Program Final Rule*, 72 FR 12097.
    NTIA established rules for the coupon program in 47 C.F.R. § 301.
    The rules became effective April 16, 2007.

[^78]: *See Carriage of Digital Television Broadcast Signals: Amendment
    to Part 76 of the Commission's Rules*, CS Docket No. 98-120, Third
    Report and Order and Third Further Notice of Proposed Rule Making,
    FCC 07-170 (rel. Nov. 30, 2007) ("*Cable Viewability Order*").

[^79]: *Id* at n.3.

[^80]: *See* FCC, *FCC Adopts Rules to Ensure all Cable Customers
    Receive Local TV Stations After the Digital Television Transition*
    (press release), Sept. 11, 2007).

[^81]: *See* 47 U.S.C. §§ 534 and 535(g), (h).

[^82]: *See Cable* *Viewability Order,* *supra*, note 78.

[^83]: *Id. See also*, 47 U.S.C. § 534(b)(4)(A) and 535(g).

[^84]: *DTV Consumer Education Initiative*, MB Docket No. 07-148, Notice
    of Proposed Rulemaking, 22 FCC Rcd 14091 (rel. July 30, 2007) ("*DTV
    Consumer Education NPRM*"). Alternatively, the notification could
    describe how to get service from another station affiliated with the
    same network and serving the same lost area.

[^85]: Public Notice, "Media Bureau Announces Comment and Reply Comment
    Dates for the DTV Consumer Education Initiative, MB Docket No.
    07-148," 22 FCC Rcd 15197 (2007). Comments were due September 17,
    2007 and reply comments were due October 1, 2007. An order
    addressing the proposals in this docket was circulated on October
    16, 2007. *See* Written Statement Of The Honorable Kevin J. Martin,
    Chairman, Federal Communications Commission, Before the Committee on
    Energy and Commerce, Subcommittee on Telecommunications and the
    Internet, U.S. House of Representatives (dated Oct. 17, 2007);
    <http://fjallfoss.fcc.gov/edocs_public/attachmatch/DOC-277414A1.doc.v>

[^86]: *See* News Release, "FCC to Hold Series of Digital Television
    Consumer Education Workshops; FCC Announces Dates for the First Two
    Focusing on Seniors and Minority/Non-English Speaking Consumers,"
    (rel. Oct. 9, 2007). The workshops will focus on communities that
    have been identified as being likely to be disproportionately
    impacted by the transition and least aware of it. These communities
    include, for example, seniors, minorities and non-English speakers,
    people with disabilities, low-income earners, and those living in
    rural areas. On November 8, 2007, the Commission hosted a workshop
    that addressed issues related to ensuring that seniors are prepared
    for the DTV transition. On December 4, 2007, the Commission hosted a
    workshop that addressed issues related to ensuring that minority and
    non-English-speaking consumers are prepared for the DTV transition.

[^87]: *See* FCC, *FCC Announces Preliminary Agenda for Digital
    Television Consumer Education Workshop on September 26* (press
    release), August 28, 2007.

[^88]: 47 U.S.C. § 309(j)(14).

[^89]: *See* 47 C.F.R. § 73.1745.

[^90]: *See* Section V.B.7*., infra.*

[^91]: *See Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9515-16, ¶
    91.

[^92]: We note 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. Such
    housekeeping matters will be addressed in a separate rulemaking in
    the DTV proceeding, MB Docket No. 87-268.

[^93]: *See* 47 U.S.C. §§ 309(j)(14) and 337(e)(1).

[^94]: *See supra* ¶ 5.

[^95]: 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 12117-12118, ¶ 50.

[^96]: 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," 22 FCC Rcd 102 (2007) ("*New Permittees PN*").
    Additional new permittees may also be announced before the
    transition deadline. *See Seventh FNPRM*, 21 FCC Rcd at 12118, ¶ 53.

[^97]: *Eighth Further Notice*, 22 FCC Rcd at 15637, ¶ 140.

[^98]: *See Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9492, ¶ 35.

[^99]: FCC Form 387 attached hereto as Appendix C.

[^100]: *See*, *e.g.*, APTS/PBS Comments at 22; Capitol Comments at 9;
    NCTA Comments at 4-5. For example, APTS/PBS states that these
    reports will permit it and other broadcast organizations "to assist
    stations in the choreography of the hundreds of channel changes that
    will need to occur in the coming months."

[^101]: We commend Capitol Broadcasting on its stations' detailed
    transition information which it set forth in its comments. *See*
    Capitol Comments at 2-8.

[^102]: *See* Digital Television (DTV) Regulatory Information,
    *available at* <http://www.fcc.gov/dtv/>.

[^103]: Although the Commission originally proposed December 1, 2007 as
    the date broadcasters must file their forms, in response to the
    comments, we instead adopt February 18, 2008 as that date. *See*
    APTS/PBS Comments at 22 (arguing that that the Commission adopt a
    policy requiring that stations submit the new Form 387 at least 60
    days after the Report and Order in this proceeding is published in
    the Federal Register). We expect that, by February 18, 2008, this
    Report and Order will have been published in the Federal Register
    and have become effective and also that the Commission will have
    obtained the necessary OMB approval for this information collection.
    *See* OMB Control No. 3060-1105. The Media Bureau will announce when
    OMB approval has been obtained and will confirm the February 18,
    2008 filing deadline for when broadcasters must file the form.

[^104]: 47 C.F.R. 73.622(i).

[^105]: *See Third Periodic DTV NPRM*, 22 FCC Rcd at 9492, Section V. (¶
    35).

[^106]: This requirement is consistent with 47 C.F.R. § 1.65(a).

[^107]: *See* 47 U.S.C. 308(b) (The Commission may request that
    licensees provide "such other information as \[the Commission\] may
    require...during the term of any such licenses...to enable it to
    determine whether such original application should be granted or
    denied or revoked...")

[^108]: APTS/PBS Comments at 22-23.

[^109]: This number is increasing as stations complete construction of
    their post-transition facilities and file for licenses to cover.
    *See* Appendix D -- List of Stations Identified as Ready to Commence
    Post-Transition Operations.

[^110]: *See Seventh Report and Order*, 22 FCC Rcd 15581, at app. B.
    Some stations are not at full, authorized facilities, as designated
    in DTV Table Appendix B, but have indicated they are licensed and do
    not intend to build more.

[^111]: *See Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9487, ¶ 18
    and 9563, app. D ("List of Stations Believed Ready to Commence
    Post-Transition Operations").

[^112]: *See* revised rule sections 47 C.F.R. 73.624(d)(1)(v)-(vii) in
    Appendix B, *infra*.

[^113]: *See* Section V.B.5., *infra* .

[^114]: *See* Section V.C., *infra.*

[^115]: *See Third DTV Periodic Review NPRM,* 22 FCC Rcd at 9503,
    9506-07, ¶¶ 60, 73.

[^116]: *See*, *e.g.*, Allbritton Comments at 3; APTS/PBS Comments at
    16-18; Bahakel Comments at 4; Central Michigan University Comments
    at 6; Disney Comments at 5-6; Hawaii Public Television Foundation
    Comments at 5; MSTV/NAB Comments at 22-26; Nebraska PTV Licensees
    Comments at 4; PBNP Comments at 5; Quincy Comments at 5; Rocky
    Mountain Comments at 8; Scripps Howard Broadcasting Comments at 3-4;
    Sistema Universitario Ana G. Mendez, Inc. Comments at 6; South
    Carolina Educational Television Commission Comments at 1; St Louis
    Public Television Comments at 4; University of Michigan Comments at
    3.

[^117]: Public Broadcasting of Northwest Pennsylvania Comments at 5;
    Hawaii Public Television Foundation Comments at 5; Central Michigan
    University Comments at 6; Nebraska Educational Telecommunications
    Commission and the University of Nebraska Comments at 4; Sistema
    Universitario Ana G. Mendez, Inc. Comments at 7; South Carolina
    Educational Television Commission Comments at 4; St. Louis PTV
    Comments at 4; University of Michigan Comments at 4; Gray Television
    Comments at 4; Northeastern Educational Television of Ohio, Inc.
    Comments at 3; University of North Carolina Comments at 5; APTS/PBS
    Comments at 14-15; Greater Dayton Public Television, Inc. Comments
    at 6; AFCCE Comments at 2.

[^118]: *See*, *e.g.*, MSTV/NAB Comments at 22 (seeking a "one-year
    post-transition digital ramp-up period"); Quincy Comments at 5
    (seeking until February 10, 2010); University of North Carolina
    Comments at 2 (seeking 12 to 24 months after the transition date).

[^119]: APTS/PBS Comments at 11-12.

[^120]: As discussed further below, we will afford regulatory
    flexibility to stations where doing so would not cause existing
    viewers to lose service. See discussion of phased transition in
    Section V.C., *infra*.

[^121]: *See* *Third DTV Periodic Review NPRM,* 22 FCC Rcd at 9500, ¶
    54.

[^122]: *See id*.

[^123]: *See*, *e.g.*, AFCCE Comments at 4-6 (arguing that analog
    service may be disrupted well before the transition date if stations
    are not permitted additional time after the transition date to
    construct post-transition facilities).

[^124]: *See*, *e.g.*, AFCCE Comments at 4-6; APTS/PBS Comments at
    17-18; Quincy Comments at 5.

[^125]: *See*, *e.g*., AFCCE Comments a 4-6; MSTV/NAB Comments at 20-21.

[^126]: *See*, *e.g.,* AFCCE Comments at 4-6; APTS/PBS Comments at
    17-18; Quincy Comments at 5.

[^127]: APTS/PBS Comments at 17-18*.*

[^128]: *See* Section V.B.5., *infra.*

[^129]: *See* Section V.B.7., *infra.*

[^130]: *See* Section V.C., *infra.*

[^131]: *See* Section V.B.5., *infra.*

[^132]: *See* Section V.C., *infra.*

[^133]: *See* Section V.D.1., *infra.* Stations that apply for the
    facilities to which they certified in 2004 and, thus, are now
    specified for them in the post-transition DTV Table Appendix B will
    have this opportunity for expedited processing.

[^134]: *See*, *e.g.*, AFCCE Comments at 4-6. AFCCE states that there is
    a high probability that a new DTV antenna will be required for many
    of these stations because the new Appendix B directional pattern
    probably does not match their current analog antenna.

[^135]: *See* Section V.E., *infra.* We adopt a waiver policy that will
    permit rapid approval of minor (*i.e*., not exceeding 5 miles)
    expansion applications filed by stations that are not using their
    pre-transition DTV channel for post-transition operation.

[^136]: *See Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9503, ¶ 60.

[^137]: This number includes 517 stations returning to their analog
    channel post-transition and 117 moving to a new channel for
    post-transition operations. We note, however, that some of these
    stations may have a documented unique technical challenge and,
    therefore, would fall into category three; *see* Section V.B.3,
    *infra*.

[^138]: *See id*. *See also* Northeastern Educational Television of
    Ohio, Inc. Comments at 4.

[^139]: *See*, *e.g.*, MSTV/NAB Comments at 22 (seeking a "one-year
    post-transition digital ramp-up period"); Quincy Comments at 5
    (seeking until February 10, 2010); University of North Carolina at 2
    (seeking 12 to 24 months after the transition date).

[^140]: *See*, *e.g.*, CBS Comments at 5; Gray Television Comments at 4;
    MSTV/NAB Comments at 18-19; Nexstar Comments at 3; Thunder Bay
    Comments at 1.

[^141]: *See Third DTV Periodic Review NPRM,* 22 FCC Rcd at 9504, ¶ 63.

[^142]: 47 C.F.R. § 73.1750.

[^143]: 47 C.F.R. §§73.3533, 3538.

[^144]: *See* discussion in Section V.C.3., *infra*.

[^145]: *See Third DTV Periodic Review NPRM,* 22 FCC Rcd at 9505, ¶ 66
    (proposing to apply the construction deadline established for such a
    station in the *Construction Deadline Extension Order* or *Use or
    Lose Order*).

[^146]: We note, however, that some of these stations may have a
    documented unique technical challenge and, therefore, would fall
    into category three; *see* Section V.B.3, *infra*.

[^147]: *See Third DTV Periodic Review NPRM,* 22 FCC Rcd at 9506, ¶ 70.

[^148]: This is the deadline established for these stations in both the
    *Construction Deadline Extension Order* and the *Use-or-Lose Order*.
    *See supra* note 48*.*

[^149]: *See* 47 C.F.R. § 73.624(d). *See also Second DTV Periodic
    Report and Order,* 19 FCC Rcd at 18287, ¶ 23.

[^150]: Approximately 83 stations have filed requests for an extension
    of time of this deadline.

[^151]: Approximately 855 stations, listed in Appendix D, have satisfied
    their build-out requirements and are ready to complete their
    transition.

[^152]: Quincy Comments at 3-4; Montecito of Wichita Comments at 1-2.

[^153]: *See* Section V.B.3., *infra*.

[^154]: *See* new rules adopted for obtaining deadline extensions in
    Section V.B.5., *infra*.

[^155]: *See* provisions for a phased transition in Section V.B.7,
    *infra*.

[^156]: Some stations have filed Petitions for Reconsideration of the
    *Seventh Report and Order* requesting adjustments to Appendix B, and
    therefore are not included in this group, while others may choose to
    make adjustments at the application stage.

[^157]: *See* Appendix D, *infra*.

[^158]: Approximately 32 stations that received extensions in May have
    constructed and filed their license applications; 46 stations that
    received waivers in May constructed and filed their license
    applications.

[^159]: We also grant any requests for use-or-lose waivers by these
    stations that are pending as of the date this Report and Order is
    adopted. *See* list in Appendix F, *infra*.

[^160]: This includes stations with an unbuilt CP that may be operating
    a reduced digital facility pursuant to STA.

[^161]: We also grant any requests for use-or-lose waivers by these
    stations that are pending as of the date this Report and Order is
    adopted. *See* list in Appendix F, *infra*.

[^162]: That is, stations with a construction permit that matches their
    DTV Table Appendix B facilities.

[^163]: In the *Third DTV Periodic Review NPRM*, we recognized that
    stations that needed to apply for a new or modified CP because that
    CP did not match the facilities specified for them in the
    post-transition DTV Table Appendix B may need more time to
    construct. *See Third DTV Periodic Review NPRM,* 22 FCC Rcd at 9506,
    ¶ 71.

[^164]: 47 C.F.R. § 73.622(i). *See also* 72 Fed. Reg. 54720 (September
    26, 2007).

[^165]: *See Second DTV Periodic Report and Order,* 22 FCC Rcd at 18281,
    ¶ 2.

[^166]: *See Third DTV Periodic Review NPRM,* 22 FCC Rcd at 9506-07, ¶
    74.

[^167]: *Id.* February 17, 2009 was originally established as the
    deadline for these stations in the *Use or Lose Order*, 22 FCC Rcd
    at 9751, ¶ 1 and 9764-9769, Section III.C. (¶¶ 79-115); and
    *Construction Deadline Extension Order*, 22 FCC Rcd 9789 at ¶ 1 and
    9805-9806, Section III.C.(¶¶ 82-87).

[^168]: *Id.*

[^169]: Forty-five stations received a use-or-lose waiver and four
    stations received an extension in this category. *See Construction
    Deadline Extension Order,* 22 FCC Rcd at 9789-9790, ¶ 1*; Use or
    Lose Order,* 22 FCC Rcd at 9750, ¶ 1.

[^170]: For example, a station may have built a DTV facility that met
    its use-or-lose requirement to serve at least 80 percent of the
    number of viewers served by the 1997 facility on which its
    replication coverage was based, but now must build a DTV facility
    that matches those specified for it in the post-transition DTV Table
    Appendix B.

[^171]: 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, necessitating the
    purchase of a new analog antenna that would be usable for only a
    very short period of time.

[^172]: For more information on Informal Filings in CDBS, please refer
    to this web page:
    <http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm>.

[^173]: Stations must check the appropriate box on Question (v)(3) in
    Section III (Next Steps) of the form, and must also detail their
    plans for repositioning their top-mounted/side-mounted antennas in
    Section V (DTV Transition Plan) of the form. *See* new FCC Form 387
    in Appendix C, *infra*.

[^174]: Tribune Comments at 16-20; Allbritton Comments at 2; Anderson
    Comments at 3.

[^175]: *See, e.g*., Tribune Comments at 16-20.

[^176]: *See*, *e.g.*, Allbritton Comments at 2. Allbritton argues that
    requiring these stations to remove their top-mounted analog antenna
    before the analog cut-off is "a very bad idea" because stations will
    likely suffer severe analog coverage losses and could require
    significant tower work.

[^177]: *See*, *e.g.*, Tribune Comments at 16-20.

[^178]: *See* Section V.B.7, *infra.* We note that not all of the
    stations granted a use or lose waiver in this category have the type
    of situation that is likely to warrant further time to complete
    construction after the transition date. *See, e.g., Use or Lose
    Order*, 22 FCC Rcd at 9768-9769, ¶¶ 109-113.

[^179]: Allbritton Comments at 2.

[^180]: These stations sought a waiver of the August 4, 2005 deadline
    established for all television stations to construct and operate a
    "checklist" DTV facility. *See Use or Lose Order,* 22 FCC Rcd at
    9753, ¶¶ 8-9.

[^181]: *See Third DTV Periodic Review NPRM,* 22 FCC Rcd at 9507-08, ¶¶
    75-76.

[^182]: *See Use or Lose Order*, 22 FCC Rcd at 9771, ¶ 127. This number
    will change from six to seven if our proposed channel change for
    station WPCW-DT, Jeannette, PA (from its DTV channel 49 to new
    channel 11) is adopted, giving the station a construction deadline
    of February 17, 2009. *See Eighth Further Notice of Proposed
    Rulemaking,* 22 FCC Rcd 15640-43, ¶¶ 149-154.

[^183]: These stations will be treated like any other stations whose
    pre-transition DTV channel is different than their post-transition
    channel. *See* *supra,* Section V.B.1..

[^184]: *See Use or Lose Order*, 22 FCC Rcd at 9771, ¶ 128. This number
    will change from four to three for the reasons discussed in note
    184, *supra.*

[^185]: Station WSMH-DT, Flint, MI is the only one of these stations
    that has yet to apply for and build its post-transition DTV Table
    Appendix B facilities and, accordingly, has a construction deadline
    of August 18, 2008. *See* Section V.B.2., *supra*.

[^186]: *See Third DTV Periodic Review NPRM,* 22 FCC Rcd at 9508-09, ¶
    77.

[^187]: *See Construction Deadline Extension Order*, 22 FCC Rcd at
    9806-09, ¶¶ 88-99.

[^188]: *Id* at 9807-9809, Section III.E. (¶¶ 92-99).

[^189]: *Id*. *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*").

[^190]: *See Third DTV Periodic Review NPRM,* 22 FCC Rcd at 9508-09, ¶
    77.

[^191]: *Id.*

[^192]: The licensee of this station is WTVA, Inc.

[^193]: *See Construction Deadline Extension Order,* 22 FCC Rcd at
    9807-09, ¶¶ 92, 94, 96, 99. We note that the two other stations that
    were denied extensions and admonished have since reported the
    completion of their final DTV facility and, therefore, do not
    require further consideration. These stations are KJUD-DT, Juneau,
    Alaska and KECY-DT, El Centro, California. KECY-DT sought
    reconsideration of the Commission's admonishment of its failure to
    complete construction in a timely manner. That reconsideration will
    be addressed in a separate proceeding.

[^194]: *See Third DTV Periodic Review NPRM,* 22 FCC Rcd at 9508-09, ¶
    77.

[^195]: *Id.*

[^196]: *See Construction Deadline Extension Order*, 22 FCC Rcd at
    9808-09, ¶ 99.

[^197]: *See* Section V.B.1, *supra*.

[^198]: *See Construction Deadline Extension Order*, 22 FCC Rcd at
    9808-09, ¶ 99.

[^199]: *See* Section V.B.1., *supra*.

[^200]: *See* Section V.B.6, *supra* (discussing sanctions for failure
    to meet deadlines).

[^201]: *See Construction Deadline Extension Order*, 22 FCC Rcd at
    9806-09, Section III.E. (¶¶ 88-99).

[^202]: *See Use or Lose Order*, 22 FCC Rcd at 9770 ¶ 124. These
    stations were unable to show that good cause existed to allow them
    additional time to meet their applicable "use or lose" deadline.
    *See Use or Lose Order*, *supra* at 9751, ¶ 1, and at Section III.D
    (¶¶ 116-126). Two of the seven stations denied "use-or-lose" waiver
    requests, KAME and WCOV, are remaining on their current DTV channel
    for post-transition use. Neither of these stations filed petitions
    for reconsideration and their denial is final. They must file
    applications to modify their construction permit to specify their
    reduced DTV facilities and, upon grant of the construction permit,
    they must file a license application to cover this modification
    reflecting their now completed facility. *See Use of Lose Order,* 22
    FCC Rcd at 9769 Section III.D. (¶¶ 116-126).

[^203]: *See Third DTV Periodic Review NPRM,* 22 FCC Rcd at 9509-9510, ¶
    78.

[^204]: The five stations whose pre-transition channel is not the same
    as their post-transition channel are required to complete
    construction of their post-transition facility by February 17, 2009,
    but have lost interference protection to that part of their service
    area that they failed to serve by the use-or-lose deadline. One of
    these stations, KUAM, did not file a petition for reconsideration
    and their denial is final. When KUAM applies for its construction
    permit, its application should reflect this modification.

[^205]: Stations KBDI-DT, Denver-Broomfield, Colorado, WDHS-DT, Iron
    Mountain, Michigan, WDTV-DT, Weston, WV, and WTXX-DT, Waterbury,
    Connecticut, all filed such petitions for reconsideration. If their
    petitions are denied, their applications for CP to construct their
    post-transition facilities must include the necessary modification
    to reflect the service area lost.

[^206]: *See* ¶ 80, *infra*.

[^207]: *See* 47 C.F.R. § 73.3598(b). Section 73.3598(b) 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).

[^208]: The station must air such notifications on its analog channel.
    *See* ¶ 80, *infra*.

[^209]: *Id.*

[^210]: *Id*.

[^211]: *See* Section V.B.7., *infra*.

[^212]: *See* *id*.

[^213]: *See* Section V.B.1., *supra.* We also permit stations that are
    moving to a new channel post-transition and whose pre-transition
    facility is unbuilt or nonoperational to cease efforts to construct
    the pre-transition facility and focus their efforts on constructing
    the final, post-transition facility. *Id.*

[^214]: Some stations may be permitted to continue to serve current
    viewers on their pre-transition DTV channel past the transition
    deadline. *See* Section V.B.7.a., *infra*.

[^215]: Stations whose pre- and post-transition channels are the same
    have until May 18, 2008 to finalize construction of the
    post-transition facility. *See* Section V.B.2., *supra*.

[^216]: *See* *e.g*., MSTV/NAB Comments at 20-24; APTS/PBS Comments at
    19-20.

[^217]: We also note that stations that do not intend to build out to
    their full authorized facility should apply for a license to cover
    the facility they have built. *See also* Section V.B.7., *infra.*

[^218]: *See* ¶¶ 62, 79 (referencing new extension criteria and
    continued use of FCC Form 337).

[^219]: *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9510-9512, ¶¶
    81-83

[^220]: *See* 47 C.F.R. § 73.624(d)(3).

[^221]: *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
    20610-20612, ¶46 ("four-part test").

[^222]: DTV singleton stations are already subject to the tolling
    provisions in 47 C.F.R. § 73.3598(b). We did not propose, and do not
    make, any changes to our rules regarding DTV singletons.

[^223]: *See* 47 C.F.R. § 73.624(d)(3)(iii).

[^224]: 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 made clear in the *Third DTV Periodic Review NPRM* that 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. *See Third DTV Periodic Review
    NPRM*, 22 FCC Rcd at 9511, ¶ 81, n. 155. As proposed in the *Third
    DTV Periodic Review NPRM*, we will require that a station seeking a
    DTV extension for financial reasons to demonstrate that it is either
    in bankruptcy or receivership or has had negative cash flow for the
    past three years.

[^225]: 47 C.F.R. § 73.624(d)(3)(ii)(B).

[^226]: *See*, *e.g*., MSTV/NAB Comments at 21 n.41; APTS/PBS Comments
    at 23.

[^227]: While we recognize that some stations are still awaiting
    authorization of their final DTV facilities, the vast majority of
    stations have been assigned a channel and facility and have no
    legitimate cause for reluctance to order equipment. Moreover, most
    of the stations that have requested a change in their previously
    certified facilities in petitions for reconsideration of the
    *Seventh Report and Order* in the DTV table proceeding assert that
    their requested changes are needed to facilitate construction using
    existing antennas or other equipment. Therefore, these stations
    should not have need of additional time to construct based on
    equipment shortages. While stations may be eager to order equipment
    that will permit them to expand their facilities at a later date
    when such expansion may be permitted, stations cannot use this
    excuse to delay ordering now equipment that will permit them to
    finalize their current authorized facilities.

[^228]: *See* revised rule 47 C.F.R. § 73.624(d)(1)(v)-(vii) in Appendix
    B, *infra*.

[^229]: *See* Section V.A.1, *supra*.

[^230]: *See* MSTV/NAB Comments at 21, n. 41.

[^231]: *See* revised rule 47 C.F.R. § 73.624(d)(1)(v)-(vii) in Appendix
    B, *infra.*

[^232]: *See supra*, Section V.A.1.

[^233]: *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9511-12, ¶ 83.

[^234]: *Id*. *See* revised rule 47 C.F.R. § 73.3598(b) in Appendix B,
    *infra.*

[^235]: *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9511-12, ¶¶
    83-86.

[^236]: *See* revised rules 47 C.F.R. § 73.624(d)(1)(v)-(vii) Appendix
    B, *infra*.

[^237]: *See* form changes to FCC Form 337 in Appendix C. Requests for
    extraordinary relief in the circumstances described herein should
    also be filed electronically using FCC Form 337. Such requests
    should indicate clearly the circumstances that the station claims
    warrants additional time to construct.

[^238]: 47 C.F.R. § 73.624(d)(3)(iv).

[^239]: We note that because any extensions would apply to the new
    deadlines adopted by this Report and Order, the Media Bureau has
    delegated authority to grant or deny extensions for up to six
    months. *See* 47 C.F.R. § 73.624(d)(3)(i), (iii).

[^240]: Population to be served should be based on the population the
    station is authorized to serve both before and after the transition.
    Population not previously served and population that will no longer
    be served by the station's authorized post-transition facility need
    not be counted. This applies to all calculations of population
    herein. *See* Section V.B.7., *infra*.

[^241]: Alternatively, the notification could describe how to get
    service from another station affiliated with the same network and
    serving the same lost area.

[^242]: *See* *generally DTV Consumer Education Initiative, supra,* note
    84.

[^243]: *See* 47 C.F.R. § 73.3598(b).

[^244]: For more information on Informal Filings in CDBS, please refer
    to this web page:
    <http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm>.

[^245]: *See* CBS Comments at 5; Broadcast Company of Sarasota at 2-3.

[^246]: *See* 47 C.F.R. § 73.3598(b).

[^247]: *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9512, ¶ 86.

[^248]: *See supra ¶* 62.

[^249]: *Id*. Under the tolling standard, the filing of an application
    for modification of a construction permit does not serve as grounds
    for tolling of the construction deadline.

[^250]: *See* *id*. *See also* 47 C.F.R. § 73.3598(c).

[^251]: *See* Section V.B.5*, supra*. *See also* 47 C.F.R. § 73.3598(d).

[^252]: *See* *id*. *See also* 47 C.F.R. § 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 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 No. 94-149,* , 14 FCC
    Rcd 17525, 17541, ¶ 42 (1999) *("Streamlining MO&O")*.

[^253]: *See* revised rule 47 C.F.R. § 73.3598(b) in Appendix B,
    *infra*.

[^254]: *See* 47 U.S.C. § 312.

[^255]: *See* 47 U.S.C. § 503(b).

[^256]: *See Second DTV Periodic Report and Order*, 19 FCC Rcd at 18281,
    ¶ 4.

[^257]: *See Remedial Measures For Failure to Comply with Digital
    Television Construction Schedule*, Report and Order, 18 FCC Rcd
    7174, 7176-7 (2003) ("*Remedial DTV R&O*").

[^258]: 47 U.S.C. § 312(g). In addition, stations discontinuing
    operations 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).

[^259]: *See Remedial DTV R&*O, 18 FCC Rcd at 7176-7.

[^260]: As discussed above, stations whose post-transition channel is
    different from their pre-transition DTV channel must build their
    full, authorized post-transition (digital) facilities no later than
    February 17, 2009. Stations whose post-transition channel is as the
    same their pre-transition DTV channel must build their full,
    authorized facilities no later than the expiration date of their
    current construction permit, which date was extended until November
    18, 2007 for stations whose applications for extensions of time to
    construct DTV facilities and/or "use or lose" waivers were addressed
    in either the *Construction Deadline Extension Order,* 22 FCC Rcd
    9789 or *Use or Lose Order,* 22 FCC Rcd 9750.

[^261]: *See* Section V.B.5., *supra.*

[^262]: *See Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9514-16, ¶¶
    89-90.

[^263]: *See*, *e.g.*, Allbritton Comments at 3; APTS/PBS Comments at
    16-18; Bahakel Comments at 4; Central Michigan University Comments
    at 6; Disney Comments at 5-6; Hawaii PTV Foundation Comments at 5;
    MSTV/NAB Comments at 22-26; Nebraska PTV Licensees Comments at 4;
    PBNP Comments at 5; Quincy Comments at 5; Rocky Mountain Comments at
    8; Scripps-Howard Broadcasting Comments at 3-4; Sistema
    Universitario Ana G. Mendez, Inc. Comments at 6; South Carolina
    Educational Television Commission Comments at 1; St Louis PTV
    Comments at 4; University of Michigan Comments at 3.

[^264]: *See*, Section V.B.5., *supra* (discussing post-transition
    construction deadlines).

[^265]: *See*, *e.g.*, AFCCE Comments at 4-6; Allbritton Comments at
    8-9; APTS/PBS Comments at 11-12;Hubbard Comments at 6; Montecito of
    Wichita Comments at 1-2; MSTV/NAB Comments at 24; Sky Comments at 6;
    Tribune Comments at 13; University of Alaska Comments at 2-3; United
    Comments at 6; University of Houston Comments at 4; Univision
    Comments at 22; West Virginia Media Holdings Comments at 5; WQED
    Reply at 2.

[^266]: The noise limited service contour for DTV stations covers an
    area that is larger than the station\'s community of license. Thus,
    a significant number of a station\'s viewers may reside outside of
    the station\'s community of license and outside the community of
    license coverage contour, but within its noise limited service area.
    See 47 C.F.R. 73.622(e) for the definition of the DTV service areas
    and 47 C.F.R. 73.625(a) for the community of license coverage
    requirement.

[^267]: MSTV/NAB Comments at 24.

[^268]: *Id*.

[^269]: *See* Sections V.B.5. (discussing extensions of time to
    construct final DTV facilities).

[^270]: MSTV/NAB Comments at 24.

[^271]: *See* note 240.

[^272]: Alternatively, the notification could describe how to get
    service from another station affiliated with the same network and
    serving the same lost area.

[^273]: *See* *DTV Consumer Education Initiative, supra* note 84.

[^274]: *See* Section V.B.5., *supra*.

[^275]: *See Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9515, ¶ 90.

[^276]: As noted *supra* in note 240, we recognize that after the
    transition there will be some changes in population served based on
    the service area authorized for post-transition operation consistent
    with the station's application, channel election, or other
    modifications, such as change of antenna site. To qualify for this
    flexibility, the station is not required to continue serving
    population that it will not be required to serve with its authorized
    facility after the transition. Stations must ensure that viewers
    within the station's authorized service area who have television
    equipment with a digital receiver, including those who obtain a
    digital-to-analog converter box through the NTIA program, will be
    capable of receiving DTV signals over-the-air post-transition.
    Stations that cannot satisfy this presumption, may still request
    Commission approval on a case-by-case basis for continued interim
    operations upon demonstration that they would provide digital
    service to a greater population than would their incomplete
    post-transition facility. These stations, however, must obtain
    Commission approval under the stricter standard for an extension of
    time to construct their post-transition facilities.

[^277]: *See Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9515, ¶ 90.

[^278]: We also agree with MSTV/NAB that the 0.5 percent interference
    standard would apply when evaluating two interim stations that
    temporarily continue to operate on their pre-transition DTV channels
    after the transition date. MSTV/NAB Comments at 23, n.45.

[^279]: *See*, e.g. Sky Comments at 4; Tribune Comments at 13-17; Twin
    Cities Comments at 9-10;

[^280]: The post-transition DTV Table, which was adopted in the *Seventh
    Report and Order*, became effective October 26, 2007. *See Seventh
    Report and Order*, 72 FR 54720 (Sept. 26, 2007), 22 FCC Rcd 15581 at
    apps. A and B. *See also* 47 C.F.R. § 73.622(i). The current DTV
    Table, which is contained in 47 C.F.R. § 73.622(b), will become
    obsolete at the end of all authorized pre-transition 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.

[^281]: Requests for STA, pursuant to section 73.1635 of the rules, 47
    C.F.R. § 73.1635, may be submitted by informal letter or email.
    Stations may file requests electronically through CDBS or send an
    email to <dtvrequests@fcc.gov>.

[^282]: This one year period is consistent with MSTV/NAB's request for a
    one-year "digital ramp-up" period. MSTV/NAB Comments at 22.

[^283]: *See* 47 U.S.C. § 309(j)(14). Because the statute prohibits
    full-power stations from remaining on out-of-core channels after the
    transition deadline, this flexibility cannot apply to DTV stations
    operating out-of-core (*i.e.*, TV channels 52-69). *Id.*

[^284]: *See* Section V.B.3., *supra.* For example, stations with
    side-mounted antenna-related issues, particularly those with towers
    in northern climates or at higher altitudes, face unique technical
    challenges that would warrant this relief. *See*, *e.g.*, Allbritton
    Comments at 3-4; Broadcast Company of Sarasota Comments at 4-5;
    Bahakel Comments at 3; Tribune Comments at 16-20; Montecito of
    Wichita Comments at 2; Quincy Comments at 3-4 (discussing the
    side-mount problem of station WXOW). In addition, stations returning
    to their analog channels and that intend to retune their existing
    analog equipment may also face unique technical challenges that
    would warrant this relief. *See*, *e.g.*, Quincy Comments at 4-5.

[^285]: As noted *supra* in note 240, population should be calculated on
    the basis of the population the station is authorized to serve both
    before and after the transition. Population not previously served
    and population that will no longer be served by the station's
    authorized post-transition facility should not be counted towards
    the 85 percent.

[^286]: As noted *supra* in note 276, 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.

[^287]: *See supra* ¶ 91.

[^288]: *See Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9514-15, ¶
    89.

[^289]: *See*, *e.g.*, AFCCE Comments at 4-6; Allbritton Comments at
    8-9; APTS/PBS Comments at 11-12; Hubbard Comments at 6; Montecito of
    Wichita Comments at 1-2; MSTV/NAB Comments at 24; Sky Comments at 6;
    Tribune Comments at 13; University of Alaska Comments at 2-3; United
    Comments at 6; University of Houston Comments at 4; Univision
    Comments at 22; West Virginia Media Holdings Comments at 5; WQED
    Reply at 2.

[^290]: *See* revised rule 47 C.F.R. § 73.624 by adding paragraphs
    (d)(1)(v)-(vii) in Appendix B, *infra.*

[^291]: Requests for STA, pursuant to section 73.1635 of the rules, 47
    C.F.R. § 73.1635, may be submitted by informal letter or email.
    Stations may file requests electronically through CDBS or email
    courtesy copies of their STA requests to
    [dtvrequests@fcc.gov](../dtvrequests@fcc.gov).

[^292]: By small market stations we mean stations that are not
    affiliated with a top-four network (*i.e.*, ABC, CBS, Fox and NBC)
    in markets 1-100. We have previously recognized that such stations
    may warrant additional flexibility in meeting their construction
    deadlines. *See* *Second DTV Periodic Report and Order*, 19 FCC Rcd
    at 18311-18319, ¶¶ 80-87.

[^293]: *Fifth Report and Order*, 12 FCC at 12852, ¶ 104.

[^294]: CFB Comments at 3; Sunbelt Comments at 2; Agape Comments at 1;
    Thunder Bay Comments at 1.

[^295]: *See*, *e.g*., MSTV/NAB Comments at 8; Disney Comments at 2-3.

[^296]: *See*, *e.g*., Disney Comments at 3.

[^297]: *See*, *e.g*., Capitol Comments *passim*; APTS/PBS Comments at
    17.

[^298]: *See* 47 C.F.R. § 73.1615(a) and (c).

[^299]: *See* 47 C.F.R. § 73.1615(a) and (c):

    > When the licensee of an existing AM, FM, TV or Class A TV station
    > is in the process of modifying existing facilities as authorized
    > by a construction permit and determines it is necessary to either
    > discontinue operation or to operate with temporary facilities to
    > continue program service, the following procedures apply:
    >
    > \(a\) Licensees holding a construction permit for modification of
    > directional or nondirectional FM, TV or Class A TV or
    > nondirectional AM station facilities may, without specific FCC
    > authority, for a period not exceeding 30 days:
    >
    > \(1\) Discontinue operation, or
    >
    > \(2\) Operate with temporary facilities to maintain, as nearly as
    > possible, but not exceed, the size of the presently licensed
    > coverage area.
    >
    > \* \* \*
    >
    > \(c\) Such operation or discontinuance of operation in accordance
    > with the provisions of paragraph (a) or (b) of this section may
    > begin upon notification to the FCC in Washington, DC.
    >
    > \(1\) Should it be necessary to continue the procedures in either
    > paragraph (a) or (b) of this section beyond 30 days, an informal
    > letter request signed by the licensee or the licensee\'s
    > representative must be sent to the FCC in Washington, D.C. prior
    > to the 30^th^ day.
    >
    > \(2\) The license of a broadcasting station that fails to transmit
    > broadcast signals for any consecutive 12-month period expires as a
    > matter of law at the end of that period, notwithstanding any
    > provision, term, or condition of the license or construction
    > permit to the contrary.

    We note that, although the rule refers to "licensees," permittees
    may also use the flexibility offered under this rule to temporarily
    reduce or cease television broadcast operation.

[^300]: *See* 47 C.F.R. § 73.1615 (a)(2).

[^301]: *See* 47 C.F.R. § 73.1615(a), (c).

[^302]: All temporary service disruption notifications pursuant to
    Sections 73.1615 must be filed electronically using the Informal
    Filings Menu of CDBS. For more information on Informal Filings in
    CDBS, please refer to this web page:
    <http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm>. To
    speed processing, stations should also email a courtesy copy of
    their temporary service disruption notifications to
    <dtvnotifications@fcc.gov>.

[^303]: This is the form traditionally used for requests for Special
    Temporary Operating Authority. We emphasize that this form, when
    used in connection with service disruptions related to the DTV
    transition, must be filed electronically. Paper copies will not be
    accepted. There will be no fee for filing this form.

[^304]: *See*, *infra*, ¶ 106.

[^305]: 47 C.F.R. § 73.1615(c)(1).

[^306]: *See* *infra* ¶ 106 and *see also supra* note 302.

[^307]: *See* discussion of long term (significantly more than 30 days)
    or permanent analog TV or DTV service reduction or termination in
    Section V.C.2-3., *infra*.

[^308]: We note that Section 73.1740(a)(4) of the rules (47 C.F.R. §
    73.1740(c)(4)) provides flexibility to commercial broadcast
    television stations when, due to causes beyond the control of a
    licensee, the licensee cannot adhere to the station's operating
    schedule. This provision applies to service disruptions beyond the
    control of the licensee, while Section 73.1615 involves planned
    engineering modifications requiring disruption of service. Stations
    reconfiguring their analog and DTV equipment that encounter an
    unexpected equipment failure or some other unanticipated problem
    that temporarily forces them to discontinue operations may do so
    without prior authority pursuant to Section 73.1740. Stations are
    required to notify the Commission not later than the 10^th^ day of
    limited or discontinued operations. 47 C.F.R. § 73.1740(a)(4).

[^309]: Stations that will not be serving at least the same population
    that receives their current analog TV and DTV service on February
    18, 2009 are also required to notify viewers about the nature,
    scope, and anticipated duration of the station's post-transition
    service limitations. *See, supra,* Sections V.B.5. (¶ 80) and V.B.7.
    (¶ 91).

[^310]: Alternatively, the notification could describe how to get
    service from another station affiliated with the same network and
    serving the same lost area.

[^311]: *See* *DTV Consumer Education Initiative, supra,* note 84.

[^312]: We will consider a reduction or termination of analog service to
    be "permanent" if the station seeks to discontinue operation on that
    channel for more than 30 days. *See*, *supra*, ¶ 99.

[^313]: *See* ¶ 117 and note 335, *infra*.

[^314]: *See*, *e.g.*, MSTV/NAB Comments at 14-17; Broadcast Company of
    Sarasota Comments at 3; Bakahel Comments at 3; Montecito of Wichita
    Comments at 2; Tribune Comments at 24; Quincy Comments at 2; Granite
    Comments at 3; Harris Comments at 4; Greater Dayton Comments at 7;
    Hawaii PTV Foundation Comments at 6; Disney Comments at 2; APTS/PBS
    Comments at 16.

[^315]: *See* MSTV/NAB Comments at 14-17; Tribune Comments at 24; Quincy
    Comments at 2; Granite Comments at 3; Harris Comments at 4; Greater
    Dayton Comments at 7; Hawaii PTV Foundation Comments at 6; Disney
    Comments at 2; APTS/PBS Comments at 16; *See also* *Third DTV
    Periodic Review NPRM* at 9495, ¶ 37.

[^316]: 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).

[^317]: Proposals that would result in a loss in television 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. *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).

[^318]: 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*
    *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).

[^319]: 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"). The
    Commission established its policies on voluntary band-clearing for
    TV Channels 52-58 in a 2001 Report and Order. *See Lower 700 MHz
    Report and Order*, 17 FCC Rcd at 1095-96 ¶ 184. *See also* 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 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.

[^320]: *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9493, ¶ 37.

[^321]: *Id*.

[^322]: *See id.* at 9496, ¶ 44. The Commission proposed to establish a
    presumption that any reduction in a station's analog television
    service would be in the public interest if six factors were met: (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; (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.

[^323]: *See*, *e.g.*, Broadcast Company of Sarasota Comments at 4-5;
    Bakahel Comments at 3; Montecito of Wichita Comments at 2. *See
    also* MSTV/NAB Comments at 8.

[^324]: *See* Section V.B.3., *supra*.

[^325]: *See*, *e.g.*, Montecito of Wichita Comments at 2.

[^326]: *See*, *e.g.*, Broadcast Company of Sarasota Comments at 4-5.

[^327]: *See*, *e.g.*, Capitol Broadcasting *Ex Parte* at 1.

[^328]: *See*, *e.g.,* Quincy Comments at 2; Granite Comments at 3;
    Harris Comments at 4; Greater Dayton Comments at 7; Hawaii PTV
    Foundation Comments at 6. These commenters agree that a bright-line
    rule will be in the public interest because it will be more
    efficient and will rely on marketplace forces to provide needed
    services. Quincy Comments at 2; Granite Comments at 3; Harris
    Comments at 4; Greater Dayton Comments at 7; Disney Comments at 2;
    Christian Network Comments at 6.

[^329]: MSTV/NAB Comments at 5.

[^330]: Tribune Comments at 24.

[^331]: LeSEA Comments at 7.

[^332]: Disney Comments at 3-4. Disney appears most concerned with
    relatively short term reductions and terminations (*e.g.* 30 days or
    less). However, these short term actions fall under the category of
    temporary disruptions that, as noted above, are permitted under
    Section 73.1615 of our existing rules. *See* Section V.C. 1.,
    *supra*.

[^333]: Hoak Comments at 3; Granite Comments at 4**.**

[^334]: MSTV/NAB further argue that the Commission need not impose
    "unnecessarily stringent levels of oversight." MSTV/NAB Comments at
    4-5.

[^335]: Like other requests for STA, these requests to permanently
    reduce or terminate analog TV service before the transition date
    must be filed electronically using the Informal Filings Menu of
    CDBS. As requests are submitted, CDBS will automatically generate
    Public Notice of these filings. For more information on Informal
    Filings in CDBS, please refer to this web page:
    <http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm>. To
    speed processing, stations should also email courtesy copies of
    their STA requests to <analogrequests@fcc.gov>.

[^336]: *See* 47 C.F.R. § 73.1635.

[^337]: As Bureau actions are recorded, CDBS will automatically generate
    Public Notice of the actions taken.

[^338]: *See* ¶ 117, *infra*.

[^339]: Stations that will not be serving at least the same population
    that receives their current analog TV and DTV service on February
    18, 2009 are also required to notify viewers about the nature,
    scope, and anticipated duration of the station's post-transition
    service limitations. *See supra* Sections V.B.5. (¶ 80) and V.B.7.
    (¶ 91).

[^340]: Alternatively, the notification could describe how to get
    service from another station affiliated with the same network and
    serving the same lost area.

[^341]: *See* *DTV Consumer Education Initiative, supra* note 84*.*

[^342]: Stations that will be using their same digital channel for
    post-transition operations may not use the procedures outlined in
    this section.

[^343]: *See*, *supra*, ¶ 45.

[^344]: 47 C.F.R. § 73.1615(a) and (c).

[^345]: *See*, *supra*, Section V.C.1.

[^346]: *See*, *infra*, Section V.C.3.a.

[^347]: *See*, *e.g*., Nebraska PTV Licensees Comments at 4; Quincy
    Comments at 1; Rocky Mountain Comments at 1.

[^348]: *See* MSTV/NAB Comments at 19. MSTV/NAB note that there may be
    situations where, due to tower weight issues or lack of space for a
    new transmitter, a station will have no option but to terminate its
    digital service in order to complete construction on its final
    digital channel. *Id.*

[^349]: *See* MSTV/NAB Comments at 19.

[^350]: *See Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9514, ¶ 88.

[^351]: *See* ¶ 114, *supra.* (discussing commenters' opposition to
    restrictions on analog service reduction and termination) This
    discussion focuses solely on a station's ability to use its
    post-transition channel before the transition date.

[^352]: For example, MSTV/NAB and APTS/PBS argue that a station should
    be permitted to transition early subject only to interference
    concerns. NAB/MSTV comments at 14-16; APTS/PBS Comments at 20-21.
    For additional support for allowing early post-transition
    operations, See *also*, *e.g.*, Disney Comments at 2-5; Harris
    Comments at 4; Quincy Comments at 1.

[^353]: *See*, *e.g.*, Harris Comments at 4.

[^354]: NAB/MSTV Comments at 15.

[^355]: Stations must follow the post-transition applications procedures
    in Section V.D., *infra*. We are proposing to revise FCC Forms 301
    and 340 to allow stations to simultaneously apply for both pre- and
    post-transition facilities. *See* form changes in Appendix C.

[^356]: MSTV/NAB Comments at 16 (arguing that market factors will
    protect against viewer disenfranchisement).

[^357]: *See* Section V.C.2., *supra.*

[^358]: *See Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9514, ¶ 88.

[^359]: *See* 47 C.F.R. § 73.623.

[^360]: *See* Section V.F., *infra* (discussing the post-transition
    interference standard).

[^361]: We will consider a reduction or termination of pre-transition
    digital service to be "permanent" if the station seeks to
    discontinue operation on that channel for more than 30 days. *See*,
    *supra*, ¶ 99. If the station intends to discontinue operation on
    that channel for the remainder of the transition, the station must
    return the pre-transition channel to the Commission and flash cut
    directly from operation on their analog channel to operation on
    their post-transition (digital) channel on or before the transition
    date.

[^362]: *Second DTV Periodic Report and Order,* 19 FCC Rcd at 18322, ¶
    95. *See* *DTV Transition -- Approval of "Flash Cut" Requests*, 22
    FCC Rcd 7581 (2007) ("*Flash Cut PN*").

[^363]: *See* Section V.C.2., *supra*.

[^364]: *See* ¶ 132 and *see also* note 390, *infra*.

[^365]: In April 2007, the Media Bureau approved by Public Notice the
    flash cut requests of 32 stations based on the criteria established
    in the *Second DTV Periodic Report and Order*. *See* *Flash Cut PN*,
    22 FCC Rcd at 7581.These stations were approved to turn off or
    discontinue construction of their pre-transition DTV channel. 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.*

[^366]: *Second DTV Periodic Report and Order*, 19 FCC Rcd at 18323, ¶
    96.

[^367]: *Id.* 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.

[^368]: *Id*. at 18325, ¶ 104.

[^369]: *Id*. at 18322 ¶ 95.

[^370]: *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*.

[^371]: 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.

[^372]: *See id*.

[^373]: *See* *Flash Cut PN*, 22 FCC Rcd 7581 (2007).

[^374]: *See* APTS/PBS Comments at 18-19.

[^375]: *See* MSTV/NAB Comments at 19-20.

[^376]: *Id*.

[^377]: *Third DTV Periodic Review NPRM*, 22 FCC Rcd 9499, ¶ 51.

[^378]: Consistent with rules 47 C.F.R. §§73.1750, 73.3580 and 73.1750
    (termination of service), 73.1690(b) (modification of license or
    authorization), stations may declare their intent to flash cut by
    sending a letter to the Video Division of the Media Bureau and an
    e-mail to <flashcut@fcc.gov>. *See Flash Cut PN*, 22 FCC Rcd at
    7583, n.16, 18.

[^379]: For stations with an out-of-core DTV channel, we will continue
    to presume that a flash cut request is in the public interest if the
    station is not affiliated with a top-four network. For out-of-core
    stations with a top four network affiliation that seek to flash cut,
    this expanded flash cut option offers additional flexibility for
    these stations.

[^380]: *See Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9495-96, ¶
    42.

[^381]: *See* MSTV/NAB Comments at 12. Although only MSTV/NAB expressly
    addressed and supported expansion of the band-clearing presumption,
    most commenters favored regulatory flexibility whenever possible.
    *See*, *e.g.*, AFCCE Comments at 4-6; Allbritton Comments at 8-9;
    APTS/PBS Comments at 11-12; Hubbard Comments at 6; Montecito of
    Wichita Comments at 1-2; MSTV/NAB Comments at 24; Quincy Comments at
    2-3; Red River Comments at 6; Sky Comments at 6; Tribune Comments at
    13; Twin Cities Comments at 4; University of Alaska Comments at 2-3;
    University of Houston System Comments at 4; Univision Comments at
    22; West Virginia Media Holdings Comments at 5; WQED Reply at 2.

[^382]: 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*"). The Commission
    established its policies on voluntary band-clearing for TV Channels
    52-58 in a 2001 Report and Order. *See Lower 700 MHz Report and
    Order*, 17 FCC Rcd at 1095-96 ¶ 184.

[^383]: *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.

[^384]: 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. 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.

[^385]: MSTV/NAB Comments at 12.

[^386]: 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).

[^387]: *See* Public Notice, "Auction of 700 MHz Band Licenses Scheduled
    for January 24, 2008; Notice and Filing Requirements, Minimum
    Opening Bids, Reserve Prices, Upfront Payments and Other and Other
    Procedures for Auctions 73 and 76," DA 07-4171 (WTB rel. Oct. 5,
    2007) ("Auction Nos. 73 and 76 Procedures Public Notice"). The
    Commission is required 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).

[^388]: *See Third DTV Periodic Review NPRM,* 22 FCC Rcd at 9494 ¶ 40
    (discussing "rebuttable presumption" standard).

[^389]: MSTV/NAB Comments at 12.

[^390]: Like other requests for STA, these requests to permanently
    reduce or terminate pre-transition DTV service before the transition
    date must be filed electronically using the Informal Filings Menu of
    CDBS. As requests are submitted, CDBS will automatically generate
    Public Notice of these filings. For more information on Informal
    Filings in CDBS, please refer to this web page:
    <http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm>. To
    speed processing, stations should also email courtesy copies of
    their STA requests to <dtvrequests@fcc.gov>.

[^391]: *See* 47 C.F.R. § 73.1635.

[^392]: As Bureau actions are recorded, CDBS will automatically generate
    Public Notice of the actions taken.

[^393]: *See* ¶ 132, *infra*.

[^394]: Stations that will not be serving at least the same population
    that receives their current analog TV and DTV service on February
    18, 2009 are also required to notify viewers about the nature,
    scope, and anticipated duration of the station's post-transition
    service limitations. *See supra* Sections V.B.5. (¶ 80) and V.B.7.
    (¶ 91).

[^395]: Alternatively, the notification could describe how to get
    service from another station affiliated with the same network and
    serving the same lost area.

[^396]: *See* *DTV Consumer Education Initiative, supra* note 84.

[^397]: *See*, *supra*, Sections V.C.2.-3.

[^398]: *See Third DTV Periodic Review NPRM,* 22 FCC Rcd at 9506, ¶ 44.

[^399]: *See*, *supra*, Sections V.C.2.-3. *See also* *MSTV* *Ex Partes*
    (dated Dec. 18, 2007), MSTV *Ex Partes* (dated Nov. 26, 2007) and
    MSTV *Ex Partes* (dated Dec. 26, 2007).

[^400]: *See* ¶ 106 and *see also* note 302, *infra*.

[^401]: Stations that will not be serving at least the same population
    that receives their current analog TV and DTV service on February
    18, 2009 are also required to notify viewers about the nature,
    scope, and anticipated duration of the station's post-transition
    service limitations. *See supra* Sections V.B.5. (¶ 80) and V.B.7.
    (¶ 91).

[^402]: Alternatively, the notification could describe how to get
    service from another station affiliated with the same network and
    serving the same lost area.

[^403]: *See* *DTV Consumer Education Initiative, supra* note 84.

[^404]: *See* *Third DTV Periodic Review NPRM*, 22 FCC Rcd 9516, ¶ 92.
    *See also* 47 C.F.R. §§ 73.1690(b), 73.3533(a), 73.3538.

[^405]: Applications to construct or modify post-transition facilities
    specified in the final 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. *See* 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 was adopted in the *Seventh Report and Order* in MB
    Docket No. 87-268, and accordingly 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.

[^406]: *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.

[^407]: Stations are reminded that applications filed at this time must
    not request an expansion of service area that would violate the
    filing freeze. *See August 2004 Filing Freeze PN*, *supra*, note 20.
    *See also* 47 C.F.R. §§ 73.1690, 73.3533, 73.3538.

[^408]: Following are examples of situations in which a station that is
    staying on the same DTV channel for post-transition operation may
    have to file an application for modification of its CP. A station
    that intends to operate its post-transition facility pursuant to an
    existing STA operation must file an application to modify its CP to
    match its STA facility. 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 match their DTV Table Appendix B
    coverage if such coverage was based on a certification that differs
    from their current license or CP.

[^409]: Approximately 123 Petitions for Reconsideration of the *Seventh
    Report and Order* were filed by October 26, 2007, the close of the
    pleading cycle.

[^410]: If there are minor differences between the station's completed
    or CP facility and the facility described in Appendix B for that
    station, such station may continue operating its licensed facility
    or continue constructing its CP facilities. If major differences
    exist between a station's completed or CP facility and the facility
    specified in Appendix B for that station, and the stations has not
    filed a petition for reconsideration and fails to promptly seek
    changes to Appendix B according to the procedures set forth above in
    paragraph 9, the station may be subject to enforcement action.

[^411]: *See* 47 C.F.R. § 73.3536.

[^412]: *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9517, ¶ 94.

[^413]: *Id.*

[^414]: *See* Section V.E., *infra*. (permitting certain stations to
    expand up to five miles). Applications for such expanded facilities
    will be processed as quickly as possible after processing is
    completed for stations eligible for expedited processing.

[^415]: *See*, *e.g*., Central Michigan University Comments at 6;
    Greater Dayton Comments at 6 (pledging to continue to use their best
    efforts, and devote all appropriate resources, to obtaining
    permission to construct their final DTV facilities, but maintaining
    that the Commission must do its part and expedite permits on "final"
    channels).

[^416]: We expect that the 45-day application deadline will coincide
    with final OMB approval for revised FCC Forms 301 and 340. The Media
    Bureau will issue a Public Notice announcing that the forms have
    been approved and are ready for use, as well as the date by which
    applications must be filed to take advantage of expedited
    processing.

[^417]: 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.

[^418]: To be eligible for grant, the applicant must certify in the
    application 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. *See* 47 C.F.R. §
    73.622(f)(2) (checklist criteria). These criteria must be met by all
    applications on FCC Form 301 and 340, including both those eligible
    for expedited processing as well as those not eligible for expedited
    processing.

[^419]: APTS/PBS Comments at 5.

[^420]: West Virginia Media Holdings Comments at 3.

[^421]: MSTV/NAB Comments at 32.

[^422]: *Id.* MSTV/NAB claim that Section 319 of the Communications Act
    permits the Commission to waive the requirement of a construction
    permit application for minor changes. When construction is complete,
    stations could file a notice with the Commission to inform the
    Commission of this fact and to certify that construction has been
    completed in conformance with the license. *Id*.

[^423]: Norwell Comments at 5.

[^424]: APTS/PBS Comments at 18.

[^425]: *Id.*

[^426]: Certain very minor changes to television facilities may be
    reported on a license application but none of the more complicated
    changes proposed by MSTV/NAB. *See Amendments of Part 73 and 74 of
    the Commission's Rules to Permit Certain Minor Changes in Broadcast
    Facilities Without a Construction Permit*, Report and Order, 12 FCC
    12371 (1997) (allowing changes without a construction permit such as
    slight changes in height of antenna radiation center, main studio
    waivers, changes in noncommercial educational status).

[^427]: MSTV/NAB Comments at 32.

[^428]: MSTV/NAB Comments at 32 *citing* 47 U.S.C. § 319 (1996).

[^429]: *See 1998 Biennial Regulatory Review \-- Streamlining of Radio
    Technical Rules in Parts 73 and 74 of the Commission\'s Rules*,
    Report and Order, 14 FCC Rcd 5272 (2000).

[^430]: *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, 18 FCC Rcd 6722 (2003).

[^431]: Broadcast Company of Sarasota Comments at 5.

[^432]: Like other requests for STA, these requests must be filed
    electronically using the Informal Filings Menu of CDBS. As requests
    are submitted, CDBS will automatically generate Public Notice of
    these filings. For more information on Informal Filings in CDBS,
    please refer to this web page:
    <http://fjallfoss.fcc.gov/prod/cdbs/forms/prod/faq_informal.htm>.

[^433]: *Id*.

[^434]: *See*, *e.g*., MSTV/NAB Comments at 33 (proposing that for
    stations returning to their analog channels that intend to use their
    analog antennas for post-transition operation, the station
    applications should be approved for these stations if the service
    contours do not exceed the contour predicted by the Appendix B
    facilities by more than 5 miles in any direction, provided a
    thorough interference analysis is performed within 18 months after
    the transition date); APTS/PBS Comments at 13-14 (proposing to
    permit stations to forego correcting minor discrepancies between
    their final facilities as constructed and their Appendix B
    facilities if the signal of their final facilities does not reach
    beyond the service contour specified in Appendix B).

[^435]: *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9518-9519, ¶ 96.

[^436]: 47 C.F.R. § 73.1620(a).

[^437]: 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.

[^438]: *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). A licensee on channel 14 may not commence program
    test authority without specific Commission approval. *See* 47 C.F.R.
    § 73.687(e)(4)(ii) (stating that such licensees must submit evidence
    that there will be no interference to land mobile stations before
    the station will be permitted to transmit programming on the new
    facilities).

[^439]: As discussed in note 20, 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. *August
    2004 Filing Freeze PN*, *supra*, note 20. See also 47 C.F.R. §§
    73.1690, 73.3533, 73.3538.

[^440]: *See* *Second DTV Periodic Report and Order*, 19 FCC Rcd at
    18296, ¶ 41. *See also* FCC Form 381.

[^441]: *See id*.

[^442]: *See Second DTV Periodic Report and Order,* 19 FCC Rcd at 18293
    *¶* 35*.* *Seventh Report and Order*, 22 FCC Rcd at 15618-9 ¶ 90.

[^443]: *See Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9519, ¶ 97.

[^444]: *See also*, e.g., Tribune Comments at 6-8; Sinclair Comments at
    1-3; South Carolina Educational Television Commission at 4, Nebraska
    PTV Licensees at 6, State of Wisconsin Board Comments at 6, Arkansas
    Educational Television Commission at 7-9, Multicultural at 8, LeSEA
    Comments at 3-4, Davis at 2-3, Bahakel Comments at 6-9.

[^445]: *See* MSTV/NAB Comments at 27-28.

[^446]: *Ex Parte* Comments of MSTV (dated November 26, 2007) ("MSTV *ex
    parte*"). MSTV proposed that the Commission allow stations returning
    to their analog channels to use their current antenna pattern,
    provided the pattern does not exceed DTV Table Appendix B coverage
    by 5 miles or cause more than 2.0 percent interference to
    surrounding stations. MSTV proposed for stations to have 12 months
    after February 17, 2009 to comply with the 0.5 percent interference
    standard above DTV Table Appendix B levels. *Id.*

[^447]: This interference standard is consistent with the new
    interference standard adopted in Section V.F., *infra.*

[^448]: *See, e.g*., CBS Comments at 8-9. Griffin Comments at 4-5,
    Hubbard Comments at 3-4, Twin Cities Comments at 5-7, Meredith
    Comments at 2-3; Univision at 5 n.7.

[^449]: *Ex Parte* Comments of MSTV (dated December 19, 2007) ("MSTV *ex
    parte* letter, 12/19/07").

[^450]: *See* 47 C.F.R. § 73.623(g).

[^451]: *See, e.g*., CBS Comments at 8-9; Tribune Comments at 8-10
    Allbritton Comments at 2-5.

[^452]: Tribune Comments at 8-10 Allbritton Comments at 2-5.

[^453]: *See Seventh Report and Order,* 22 FCC Rcd at 15607-15609,
    ¶¶62-67.

[^454]: *See* MB Docket No. 87-268, Petitions for Reconsideration of the
    *Seventh Report and Order.*

[^455]: *See, e.g.* Long Comments at 2-4; Griffin Comments at 3;
    Hearst-Argyle Comments at 4-5.

[^456]: *See* MSTV/NAB Comments at 27-28. *See also*, *e.g.*, APTS/PBS
    Reply at 6-7; Griffin Comments at 2-3; Hubbard Comments at 2-3.

[^457]: We recognize that we cannot predict with absolute certainty the
    date by which we will complete processing stations' initial
    applications to build facilities authorized by the post-transition
    DTV Table. While we believe this date represents a reasonable
    estimate concerning the time it should take us to process all the
    applications to permit stations to construct their final facilities,
    we may adjust this date, earlier or later, as we get closer to
    completing the processing of these applications. The Media Bureau
    will announce the exact date the freeze will be lifted and the
    associated terms and filing procedures.

[^458]: *See* MSTV/NAB Comments at 27-28. *See also*, *e.g.*, APTS/PBS
    Reply at 6-7; Griffin Comments at 2-3; Hubbard Comments at 2-3.

[^459]: *See also*, e.g., Tribune Comments at 6-8; Sinclair Comments at
    1-3; South Carolina Educational Television Commission at 4, Nebraska
    PTV Licensees at 6, State of Wisconsin Board Comments at 6, Arkansas
    Educational Television Commission Comments at 7-9, Multicultural
    Comments at 8, LeSEA Comments at 3-4, Davis Comments at 2-3, Bahakel
    Comments at 6-9. Granite argues for expansions for satellite
    stations' service areas to bring service to underserved areas.
    Granite Comments at 6. University of Michigan would like to maximize
    coverage before LPTV stations are permitted to apply for facilities
    that could inhibit maximization by full power stations. University
    of Michigan Comments at 10. *See also Third DTV Periodic Review
    NPRM*, 22 FCC Rcd at 9519, ¶ 97.

[^460]: MSTV/NAB Comments at 27-28.

[^461]: 47 C.F.R. § 73.623. We remind stations that applications for
    maximization filed before the freeze is lifted will not be accepted
    for filing.

[^462]: Khanna 8/8/07 Comments at 4; Meredith Comments at 4-5.

[^463]: dLR Comments at 1.

[^464]: MSTV/NAB Reply at 16. *See* CBS Comments at 9-10, Allbritton
    Comments at 5-6, Tribune Comments at 4-6, Gray Comments at 8,
    Hammett and Edison Comments at 6-7, Davis Comments at 3-5, Cohen,
    Dippell & Everist Comments at 5-8, KSLS Comments, *passim*, WDEF
    Comments at 4, Disney Reply, *passim*.

[^465]: MSTV/NAB Reply at 17.

[^466]: UCBC Comments at 4.

[^467]: Multicultural Comments at 4.

[^468]: Khanna 8/8/07 Comments at 2-3.

[^469]: *See* *Second DTV Periodic Report and Order*, 19 FCC Rcd at
    18302, ¶ 56.

[^470]: *See* revised rule 47 C.F.R. § 73.616 in Appendix B, *infra*. We
    will neither amend nor replace the existing interference rules in 47
    C.F.R. §73.623, which will remain in effect to apply to any
    applications for pre-transition digital facilities. Petitions for
    rule making and applications for facilities that will operate after
    the end of the DTV transition must comply with section 73.616, with
    respect to post-transition operations, as well as with section
    73.623, to the extent they will be in operation prior to the
    transition. We will consider whether to amend or eliminate the rule
    sections pertaining only to pre-transition digital facilities in a
    later proceeding.

[^471]: *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9523, ¶ 107.

[^472]: Multicultural Comments at 5.

[^473]: MSTV/NAB Comments at 29.

[^474]: *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9523, ¶ 111.

[^475]: MSTV/NAB Comments at 29.

[^476]: A new station would be allowed to create no more than 0.5
    percent new interference to any station beyond the level of
    interference authorized by the allotment.

[^477]: *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9523, ¶ 112. DTV
    Table Appendix B has been used to provide all stations with
    post-transition facilities. When a station applies for a CP to build
    the post-transition facility authorized by Appendix B, or applies
    for its license to cover the authorized post-transition facility it
    has already built, then it will no longer be necessary or
    appropriate to protect the Appendix B facility. As noted above in
    *supra* ¶¶ 7 and 149, for many stations, DTV Table Appendix B
    represents the hypothetical facility that produces its certified
    service area. *See also Seventh Report and Order*, 22 FCC Rcd at
    15588-89, ¶¶ 17-18. When a station applies for the construction
    permit to build its facility, it may need to vary the parameters
    listed on Appendix B to construct the actual facility, for example
    to reflect an achievable directional antenna pattern or to locate
    the antenna at a height on the tower where mounting is possible. In
    addition, in some cases, we will allow stations to expand their
    facilities beyond Appendix B. *See*, *supra*, Section V.E. (¶¶
    148-154). Thus, over time, many stations' facilities will no longer
    match the DTV Table Appendix B facility.

[^478]: The Media Bureau will issue a Public Notice establishing the
    exact date, which may be earlier if appropriate.

[^479]: MSTV/NAB Comments at 23, n. 43. University of North Carolina
    Comments at 3.

[^480]: *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9523, ¶ 112.

[^481]: *See* OET Bulletin No. 69, "Longley-Rice Methodology for
    Evaluating TV Coverage and Interference," (Feb. 6, 2004) ("OET 69"),
    available at
    <http://www.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet69/oet69.pdf>.

[^482]: *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9522-3, ¶ 110.

[^483]: *Id. at* ¶ 109.

[^484]: *See also id.* at note 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.

[^485]: Khanna 8/8/07 Comments at 3.

[^486]: MSTV/NAB Comments at 29.

[^487]: AFCCE Comments at 9. Specifically, AFCCE proposed that if a
    vertical pattern is on file for a protected station, the pattern
    will be used. If no such pattern is on file, but is necessary for an
    applicant to establish non-interference, the applicant would request
    that the manufacturer's standard vertical pattern for the specified
    antenna be substituted for the FCC vertical pattern.

[^488]: 47 C.F.R. § 73.622(f)(4) states that UHF DTV stations may
    request and increase in powers, up to a maximum of 1000 kW ERP ...
    through the use of antenna beamtilting in excess of 1 degree, as
    follows: ... (ii) where a station operates at higher power under the
    provision s of this paragraph, its field strengths at the edge of
    its service area are to be calculated assuming 1 dB of additional
    antenna gain over the antenna gain pattern specified by the
    manufacturer.

[^489]: *See DTV Sixth Memorandum Opinion and Order*, 13 FCC Rcd at
    7426, ¶ 82.

[^490]: *See DTV Second Memorandum Opinion and Order*, 14 FCC Rcd at
    1369, ¶¶ 48-49.

[^491]: AFCCE Comments at 10.

[^492]: Tribune Comments at 30.

[^493]: *See DTV Second Memorandum Opinion and Order*, 14 FCC Rcd at
    1369, ¶¶ 48-49.

[^494]: *See* revised rule 47.C.F.R. § 73.622(f)(4) in Appendix B,
    *infra.*

[^495]: *See Third DTV Periodic Review NPRM,* 22 FCC Rcd at 9523, ¶ 110.

[^496]: We noted that 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). DTS employs multiple
    synchronized transmitters spread around a station's service area,
    rather than the current single-transmitter approach. Each
    transmitter broadcasts the station's DTV signal on the same channel.
    Due to the synchronization of the transmitted signals, DTV receivers
    treat the multiple signals as reflections or "ghosts" and use
    "adaptive equalizer" circuitry to cancel or combine them to produce
    a single signal. *Id*.

[^497]: *See id*. We note that we did receive some comments on this
    issue in the DTS proceeding, but find that the record on this issue
    remains insufficient. *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).

[^498]: *See* *Ex Parte* Comments of Cohen, Dippell and Everist, P.C.
    (dated Sept. 27, 2007) ("*CDE Ex Parte*"). The commenters cited to
    47 C.F.R. § 27.60 as the basis for their comment. This rule states
    that "transmitters in the 698-794 MHz and 776-794 MHz frequency
    bands must be operated only in accordance with the rules in this
    section to reduce the potential for interference to the public
    reception of the signals of existing TV and DTV broadcast stations
    transmitting on TV channels 51 through 68." They point out that the
    "existing" language implies, or might lead any future WCS auction
    winner to expect, that a WCS would not have to protect any future
    channel 51 station that was not "existing" as of the date of the DTV
    transition. We note that Section 27.60 applies to transitional
    operations, prior to the completion of the digital transition on
    February 18, 2009. There will be no such television broadcast
    stations operational on Channels 52 through 68 after the transition.

[^499]: *Second DTV Periodic Report and Order*, 19 FCC Rcd at 18333, ¶
    124.

[^500]: *See Third DTV Periodic Review NPRM,* 22 FCC Rcd at 9528, ¶ 124.

[^501]: *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).

[^502]: *See*, *e.g.*, DIRECTV Comments at 3.

[^503]: Cox Comments at 8-9.

[^504]: *See supra* Section V.A.1.

[^505]: *See*, *e.g.*, APTS/PBS Comments at 22; Capitol Comments at 9;
    NCTA Comments at 4-5.

[^506]: NCTA Comments at 5.

[^507]: MSTV/NAB Comments at 31; Cox Comments at 8-9; *See generally*,
    University of North Carolina Comments and Norwell Comments.
    MSTV/NAB's Comments were not echoed by any of the individual
    broadcasters who filed in this docket, and they were opposed by Cox.

[^508]: MSTV/NAB Comments at 31.

[^509]: *See* 47 C.F.R. § 76.1607.

[^510]: COALS is a publicly accessible online database that contains
    extensive information about cable operators. Cable operators are
    required to maintain updated contact information with the
    Commission. 47 C.F.R. § 76.1610. This information can be found
    online at: http://www.fcc.gov/coals. Contact information for a group
    of operators can be most easily accessed by selecting "Cable Search"
    from the bar on the left, choosing the relevant state from the
    "Community State" drop down box, and choosing "Community
    Registration" from the "Type of Filing" drop down box. The search
    can be narrowed by entering additional information, such as the name
    of the community in which the cable system is located or the name of
    the cable system.

[^511]: *See Implementation of the Cable Television Consumer Protection
    and Competition Act of 1992 -- Broadcast Signal Carriage Issues,* MM
    Docket No. 92-259, Report and Order, 8 FCC Rcd 2965, 2990, ¶ 101
    (1993) ("*1993 Must Carry Order*"); *clarified* in the Clarification
    Order, 8 FCC Rcd 4142, 4144, ¶ 11 (1993); *see also* 47 C.F.R. §
    76.64(f)(4).

[^512]: *See Carriage of Digital Television Broadcast Signals:
    Amendments to Part 76 of the Commission's Rules and Implementation
    of the Satellite Home Viewer Improvement Act of 1999*, First Report
    and Order and Further Notice of Proposed Rulemaking, 16 FCC Rcd
    2598, 2617, ¶ 29 ("*First DTV Must Carry Order"*); 47 C.F.R. §
    76.64(f)(4).

[^513]: *See* 47 C.F.R. § 76.64.

[^514]: The signal may be provided in any manner chosen by the
    broadcaster, so long as its cost is borne by the broadcaster. *See
    1993 Must Carry Order*, 8 FCC Rcd at 2991, ¶ 104.

[^515]: *First DTV Must Carry Order*, 16 FCC Rcd at 2617, ¶ 46.

[^516]: *See* revised rule 47 C.F.R. § 76.55 in Appendix B, *infra.*

[^517]: University of North Carolina Comments at 9-10; Norwell Comments
    at 6-7.

[^518]: University of North Carolina Comments at 10.

[^519]: Norwell Comments at 6.

[^520]: *First DTV Must Carry Order*, 16 FCC Rcd at 2617, ¶ 46.

[^521]: Although signal strength requirements for the delivery of
    digital signals to satellite receive facilities have not been
    finalized, we remind DBS providers of their obligation to carry
    local broadcast stations that provide a "good quality signal." 47
    C.F.R. § 76.66(g).

[^522]: DirecTV Comments at 3.

[^523]: *Id.* at 3-4. S*ee also* NCTA Comments at 2-3. *See also*,
    *e.g.*, Allbritton Comments at 3; APTS/PBS Comments at 16-18;
    Bahakel Comments at 4; Central Michigan University Comments at 6;
    Disney Comments at 5-6; Hawaii Public Television Foundation Comments
    at 5; MSTV/NAB Comments at 22-26; Nebraska PTV Licensees Comments at
    4; PBNP Comments at 5; Quincy Comments at 5; Rocky Mountain Comments
    at 8; Scripps-Howard Broadcasting Comments at 3-4; Sistema
    Universitario Ana G. Mendez Comments at 6; South Carolina
    Educational Television Commission Comments at 1; St Louis PTV
    Comments at 4; University of Michigan Comments at 3.

[^524]: *See* 47 C.F.R. §§ 76.55(c)(3) and 76.66(g).

[^525]: EchoStar Reply at 3. S*ee also* DIRECTV Reply at 5 (offering a
    similar proposal that would be limited to DBS providers and stations
    that commence digital service on or after February 17, 2009).

[^526]: *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9528-9, ¶ 124.

[^527]: As discussed in ¶ 178, *infra. See generally*, Late-Filed
    Comments of the Independent Multi-Family Communications Council
    (IMCC). *See also*, IMCC Industry Issues Website, particularly
    "Conversion from Analog to Digital," available at
    http://www.imcc-online.org/ISSUES/issues.htm.

[^528]: *See* Late-Filed Comments of IMCC at 4.

[^529]: The Commission recently adopted an Order requiring that cable
    operators make digital signals "viewable" to all of their
    subscribers after the transition. *Cable Viewability Order, supra*
    note 78. PCOs and MATV providers, however, do not have "must carry"
    obligations under the Act, and are therefore not covered by this
    recent decision. 47 U.S.C. § 522 (7).

[^530]: *See* Blonder Tongue Laboratories, Inc., "Broadcast Television's
    Analog to Digital Transition," available at
    [http://www.imcc-online.org/ISSUES/RESOURCE%20Info/Analog%20to%20Digital/BT-broadcast_television-12-05.htm](http://www.imcc-online.org/ISSUES/RESOURCE Info/Analog to Digital/BT-broadcast_television-12-05.htm).

[^531]: *See* *Cable Viewability Order*, *supra*, note 78.

[^532]: *See* Late-Filed Comments of IMCC at 4.

[^533]: *See* *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9524-25, ¶
    114.

[^534]: 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)."

[^535]: *See* *Second DTV Periodic Report and Order*, 19 FCC Rcd at
    18341-42, ¶ 145.

[^536]: *See* revised rule 47 C.F.R. § 73.682(d) in Appendix B, *infra*.

[^537]: *See* ATSC Comments at 2-3; Harris Comments at 4-5; LG Comments
    at 2; MSTV/NAB Comments at 29-30.

[^538]: ATSC Comments at 2-3.

[^539]: *Id*.

[^540]: *See* 47 C.F.R. § 73.682(d) (incorporating by reference ATSC
    Doc. A/53B, Revision B with Amendment 1 and Amendment 2). *See also*
    *Second DTV Periodic Report and Order*, 19 FCC Rcd at 18341-42, ¶
    145.

[^541]: A/53, Part 2:2007 at 6 ("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.").

[^542]: *Id.* at 19.

[^543]: *Id.* at 9.

[^544]: ISO/IEC IS 13818-1-2000 (E), International Standard, Information
    technology -- Generic coding of moving pictures and associated audio
    information system.

[^545]: A/53 Part 3:2007 at 9.

[^546]: A/53 Part 4:2007 at 14.

[^547]: Harris Comments at 4-5.

[^548]: 5 U.S.C. § 553; *See Sprint Corp. v. Federal Communications
    Com'n*, 315 F3d 369 (D.C. Cir. 2003) (changing the obligations of a
    party requires actual notice); *SBC Inc. v. Federal Communications
    Com'n*, 414 F.3d 486 (3d Cir. 2005) (a new rule is subject to notice
    and comment requirements if it would "impose new duties upon
    regulated parties" and could not be construed as "interpretative,
    clarifying and explaining \[an\] existing rule"). Furthermore,
    regulations prohibit incorporation of ATSC updates by reference. 1
    C.F.R. 51.1 (disallowing "future amendments or revisions" to be
    incorporated by reference).

[^549]: A/53, Part 4:2007 at 14. *See also* *Second DTV Periodic Report
    and Order*, 19 FCC Rcd at 18341-42, ¶ 145 (declining to mandate
    broadcasters' use of AFD).

[^550]: *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9524, ¶ 116.

[^551]: MSTV/NAB Comments at 29-30; Cox Comments at 7 (citing lack of
    equipment and newness of the AFD and SMPTE standards). NCTA Reply at
    10 (noting "it is still too early in the implementation and testing
    of AFD technology to determine whether it should be used
    ubiquitously by broadcasters or cable operators"); CEA Comments at
    3.

[^552]: MSTV/NAB stated that at this time the Commission should refrain
    from requiring AFD because it would be premature to do so while the
    industry standard remains incomplete. MSTV/NAB Comments at 30. *See
    also* Cox Comments at 7-8 (noting that "the ink is barely dry on the
    ATSC and SMPTE standards"); NCTA Reply at 10.

[^553]: *See* Cox Comments at 7-8 (stating that it is not clear to Cox
    that equipment necessary for robust insertion and reception of AFD
    data is generally available.)

[^554]: In the *Second DTV Periodic Report and Order*, the Commission
    noted, "\[A\]s more consumers acquired widescreen aspect ratio sets,
    the problem of "postage stamp video" would become more prevalent if
    not addressed by broadcasters." Moreover, the Commission found "that
    broadcasters would want to make their programming attractive to
    viewers as they began to adopt DTV." *Second DTV Periodic Report and
    Order*, 19 FCC Rcd at 18341-42, ¶¶ 143, 145.

[^555]: *See* Tribune Comments at 23-26; NCTA Reply at 9-11.

[^556]: *See Cable* *Viewability Order,* *supra*, note 78.

[^557]: *See* *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9527, ¶
    118.

[^558]: *Second DTV Periodic Report and Order*, 19 FCC Rcd at 18345-46,
    ¶ 152.

[^559]: *See* revised rule 47 C.F.R. § 73.682(d) in Appendix B*, infra*.

[^560]: ATSC Comments at 3; MSTV/NAB Comments at 30; Tribune Comments at
    23-4; LG Comments at 3; Harris Comments at 4. We did not receive
    comments related to the proposal's impact on small broadcasters.

[^561]: *Second DTV Periodic Report and Order*, 19 FCC Rcd at 18343-44,
    ¶ 149.

[^562]: Notably, we received no comments to our inquiry about the
    potential burden that compliance with the updated PSIP standard
    would place on broadcasters, and in particular small broadcasters.
    *See* *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9527, ¶ 118.

[^563]: *See* revised rule 47 C.F.R. § 73.682(d) in Appendix B, *infra.*

[^564]: *See* ATSC website, PSIP Informational Documents 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.")

[^565]: *See* *Ex Parte* Letter from Michael P. Fortkort, counsel to
    Wi-Lan V-Chip Corp. to Marlene Dortch, Secretary, FCC (dated Aug. 8,
    2007) ("Wi-Lan *ex parte* letter").

[^566]: *See* *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9527, ¶
    119. 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).

[^567]: *See*, *e.g.*, COAT Comments at 5; Capitol Comments at 11
    (saying some cable and satellite headends may not receive a clear
    off-the-air signal).

[^568]: *See Cable* *Viewability Order,* *supra*, note 78.

[^569]: *See* *supra* note 71*.*

[^570]: *2005 DTV Tuner Order,* 20 FCC Rcd at 18616, ¶ 25.

[^571]: *See* 47 C.F.R. § 15.117(i)(1).

[^572]: 47 C.F.R. § 15.117 (i)(2).

[^573]: *See* revised rule 47 C.F.R. § 15.117(i)(2) in Appendix B,
    *infra*.

[^574]: *See* 47 C.F.R. § 15.120(b).

[^575]: 19 FCC Rcd 18279, 18348.

[^576]: 47 C.F.R. § 15.120(b).

[^577]: 19 FCC Rcd 18279, 18348 (emphasis added).

[^578]: *See* 47 U.S.C. § 553(b). *Cf.*, *Federal Express Corp. v.
    Mineta*, 373 F.3d 112, 120 (D.C.Cir. 2004) (agency was found to have
    satisfied the notice and comment requirements of the APA where it
    provided an opportunity to comment before adopting the final rule
    and requiring the agency to take further comments would serve no
    useful purpose).

[^579]: *See* revised rule 47 C.F.R. § 73.624(g) in Appendix B, *infra*.

[^580]: 47 C.F.R. 73.624(g).

[^581]: Pub. L. No. 104-104, 110 Stat. 56 § 201 (1996), *codified at* 47
    U.S.C. § 336.

[^582]: 47 U.S.C. § 336(b)(3), (5).

[^583]: 47 U.S.C. § 336(e) provides, in pertinent part: FEES

    \(1\) SERVICES TO WHICH FEES APPLY. If the regulations prescribed
    pursuant to subsection (a) permit a licensee to offer ancillary or
    supplementary services on a designated frequency --

    \(A\) for which the payment of a subscription fee is required in
    order to receive such services, or

    \(B\) for which the licensee directly or indirectly receives
    compensation from a third party in return for transmitting material
    furnished by such third party (other than commercial advertisements
    used to support broadcasting for which a subscription fee is not
    required),

    the Commission shall establish a program to assess and collect from
    the licensee for such designated frequency an annual fee or other
    schedule or method of payment that promotes the objectives described
    in subparagraphs (A) and (B) of paragraph (2).

    \(2\) COLLECTION OF FEES. The program required by paragraph (1)
    shall --

    \(A\) be designed (i) to recover for the public a portion of the
    value of the public spectrum resource made available for such
    commercial use, and (ii) to avoid unjust enrichment through the
    method employed to permit such uses of that resource;

    \(B\) recover for the public an amount that, to the extent feasible,
    equals but does not exceed (over the term of the license) the amount
    that would have been recovered had such services been licensed
    pursuant to the provisions of section 309(j) of this Act and the
    Commission's regulations there under; and

    \(C\) be adjusted by the Commission from time to time in order to
    continue to comply with the requirements of this paragraph.

[^584]: *See Fees for Ancillary or Supplementary Use of Digital
    Television Spectrum Pursuant to Section 336(e)(1) of the
    Telecommunications Act of 1996*, MM Docket No. 97-247, Report and
    Order, 14 FCC Rcd 3259 (1998), *recon. denied*, 14 FCC Rcd 19931
    (1999). Section 73.624(g) provides, in pertinent part: "Commercial
    and noncommercial DTV licensees must annually remit a fee of five
    percent of the gross revenues derived from all ancillary or
    supplementary services, as defined by paragraph (b) of this section,
    which are *feeable*, as defined in paragraphs (g)(2)(i) through (ii)
    of this section." 47 C.F.R. § 73.624(g) (emphasis in original).

[^585]: If a licensee has provided feeable services during the 12 month
    period ending on September 30, the licensee is required to remit the
    fee for such services by December 1 of that year on FCC Form 159. 47
    C.F.R. § 73.624(g)(2)(ii).

[^586]: *See Review of the Commission's Rules and Policies Affecting the
    Conversion to Digital Television*, MM Docket No. 00-39, Memorandum
    Opinion and Order on Reconsideration, 16 FCC Rcd 20594, 20607, ¶¶
    34-36 (2001).

[^587]: 47 U.S.C. 336(e).

[^588]: 47 U.S.C. § 336(e)(2)(A).

[^589]: *Id.* We revise FCC Form 317, accordingly. *See* changes to FCC
    Form 317 in Appendix C, *infra*.

[^590]: Thus, if Station WYYY-DT is using one of its multicast streams
    to carry the programming of WXXX, WYYY-DT is not required to
    identify WXXX as the source of this programming. However, both WYYY
    and WXXX must otherwise comply with the station identification
    requirements in 47 C.F.R. § 73.1201 and must air station
    identification announcements for programming being transmitted by
    the station. Thus, for example, WXXX must air announcements with
    respect to its transmissions in its local market.

[^591]: *See* revised rule 47 C.F.R. § 73.1201(b) in Appendix B,
    *infra*.

[^592]: Station identification is required only for licensees and
    permittees. Other programming providers need not be identified
    except as required by the sponsorship identification rules. *See* 47
    C.F.R. § 73.1212.

[^593]: *See* *Second DTV Periodic Report and Order*, 19 FCC Rcd at
    18354, ¶171.

[^594]: *See* *id.* at 18353-55, ¶¶ 169-173. *See also* 47 C.F.R. §
    73.1201.

[^595]: *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*.

[^596]: *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*.

[^597]: *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 QQ 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*.

[^598]: *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").

[^599]: 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.).

[^600]: *See*, *supra*, Section V.A.1. *See* OMB Control No. 3060-1105
    (Form 387).

[^601]: *See*, *supra*, Section V.D. *See* OMB Control Nos. 3060-0027
    (Form 301) and 3060-0029 (Form 340).

[^602]: *See*, *supra*, Section V.D.2. *See* OMB Control No. 3060-0029
    (Form 302-DTV).

[^603]: *See*, *supra*, Section V.C.3.a. *See* OMB Control Nos.
    3060-0027 and 3060-0029.

[^604]: *See*, *supra*, Section V.B.5. *See* OMB Control Nos. 3060-1001
    (to be discontinued) and 3060-0407 (consolidating the collections
    for Form 337 and 47 C.F.R. § 73.3598).

[^605]: *See*, *supra*, Section V.B.7.a. *See* OMB Control No. 3060-0386
    (47 C.F.R. § 73.1635).

[^606]: *See*, *supra*, Section V.B.7.b. *See* OMB Control No. 3060-0386
    (47 C.F.R. § 73.1635).

[^607]: *See*, *supra*, Section V.C.1. *See* OMB Control Nos. 3060-0181
    (47 C.F.R. § 73.1615) and 3060-0386 (47 C.F.R. § 73.1635).

[^608]: *See*, *supra*, Section V.C.2-3. *See* OMB Control No. 3060-0386
    (47 C.F.R. § 73.1635).

[^609]: *See*, *supra*, Section V.C.4. *See* OMB Control No. 3060-0386
    (47 C.F.R. § 73.1635).

[^610]: *See*, *supra*, Section V.H.3. *See* OMB Control No. 3060-1104
    (47 C.F.R. § 73.682(d)).

[^611]: *See*, *supra*, Section V.H.5. *See* OMB Control No. 3060-0466
    (47 C.F.R. § 73.1201(b)).

[^612]: *See*, *supra*, Section V.C. (New collection.)

[^613]: *See*, *supra*, Sections V.B.5. and V.B.7.(New collection.)

[^614]: *See*, *supra*, Sections V.B.3. (New collection.)

[^615]: *See*, *supra*, Section V.H.4. *See* OMB Control No. 3060-0906
    (47 C.F.R. § 73.624(g)).

[^616]: *See Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9529-30, ¶¶
    127-129.

[^617]: 44 U.S.C. § 3507(d). *See* OMB Control Nos. 3060-0027,
    3060-0029, 3060-0216, 3060-0386, 3060-0407, 3060-1104, and
    3060-1105.

[^618]: *See* 72 Fed. Reg. 37310 (September 26, 2007).

[^619]: *See* *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9530, ¶¶
    128.

[^620]: 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).

[^621]: 44 U.S.C. § 3507(d).

[^622]: *See* OMB Control Nos. 3060-0027, 3060-0029, 3060-0407, and
    3060-1105.

[^623]: *See* 5 U.S.C. § 801(a)(1)(A). The Congressional Review Act is
    contained in Title II, § 251, of the CWAAA; See Pub. L. No. 104-121,
    Title II, § 251, 110 Stat. 868.

[^624]: *See* 5 U.S.C. § 553(d)(3) ("The required publication or service
    of a substantive rule shall be made not less than 30 days before its
    effective date, except...as otherwise provided by the agency for
    good cause found and published with the rule."). *See also* 47
    C.F.R. §§ 1.103(a), 1.427(b). As described in this Report and Order,
    full power television stations must complete their transition from
    analog to digital service by February 17, 2009. For stations that
    must apply for a construction permit to build their post-transition
    facilities, it is essential that the rules, forms and procedures
    adopted in this Report and Order be effective upon publication in
    the Federal Register, so that the forms are available for filing
    (subject to OMB approval by that date) to afford stations adequate
    time for ordering equipment and scheduling construction in time to
    meet this deadline and also to report on their transition status
    (via FCC Form 387) one year in advance of the transition date.
    Because FCC Forms 301, 337, 340, and 387 have previously been
    submitted to OMB and because any delay can result in harm to
    television stations, and, in turn, to their viewers, we find that
    there is good cause to expedite the effective date of the rules,
    forms and procedures adopted in this Report and Order. For these
    reasons, we are also requesting emergency PRA approval from OMB for
    the FCC Forms 301, 337, 340, and 387. *See*, *supra*, ¶ 207.

[^625]: The complete list of commenters jointly filing with the Benton
    Foundation in this pleading include: The Campaign Legal Center, Free
    Press, communication Service for the Deaf, Hearing Loss Association
    of America -- New York State, Northern Virginia Center for Deaf and
    Hard of Hearing Persons, United States Conference of Catholic
    Bishops, National Hispanic Media Coalition, Democracy Now, consumer
    Action, Common Cause, Citizen Advocacy Center, Common Cause
    Illinois, Common Cause Michigan, Common Cause Ohio, Common Cause
    Wisconsin, Illinois Campaign for Political Reform, Illinois PIRG,
    League of Women Voters of Minnesota, League of Women Voters of
    Wisconsin, Ohio Citizen Action Education Fund, Sunshine Project --
    University of Illinois at Springfield, Take Action Minnesota,
    Wisconsin Democracy Campaign, Michigan Campaign Finance Network, The
    Alliance for Community Media, The Center for Digital Democracy,
    Chicago Media Action

[^626]: New text is shown in **bold** and deleted text is shown in
    ~~strikethrough.~~

[^627]: *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).

[^628]: *See* *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9529, ¶
    126, and 9548, app. C.

[^629]: *Id*.

[^630]: *See* 5 U.S.C. § 604.

[^631]: *See* discussion in Section E. of this FRFA.

[^632]: 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 the Report and Order.

[^633]: *See supra* Section V.B. of the Report and Order.

[^634]: *See supra* Section V.B.5. of the Report and Order.

[^635]: *See* revised rule 47 C.F.R. § 73.624(d) in Appendix B of the
    Report and Order. *See also supra* Section V.B.5. of the Report and
    Order.

[^636]: *See* revised rule 47 C.F.R. § 73.624(d) (eliminating paragraph
    (d)(3)(ii)(B)) in Appendix B of the Report and Order. 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).

[^637]: *See* revised rule 47 C.F.R. § 73.624(d) (revising paragraph
    (d)(3)(ii)(C)) in Appendix B of the Report and Order.

[^638]: *See supra* Section V.B.5. of the Report and Order.

[^639]: 47 C.F.R. § 73.624(d). *See* OMB Control No. 3060-1001.

[^640]: *See* revised rule 47 C.F.R. § 73.3598 in Appendix B of the
    Report and Order. *See also supra* Section V.C.5. of the Report and
    Order.

[^641]: *See* 47 C.F.R. § 73.3598(c), (d).

[^642]: *Id*. § 603(b)(3).

[^643]: 5 U.S.C. § 601(6).

[^644]: *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).

[^645]: 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.

[^646]: As noted in note 5 of the Report and Order, the statutory
    transition deadline applies only to full-power stations. *See* 47
    U.S.C. §§ 309(j)(14) and 337(e). The transition timing for LPTV,
    translator and Class A stations will be addressed in a separate
    proceeding.

[^647]: *See* 13 C.F.R. § 121.201, NAICS Code 515120.

[^648]: *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.

[^649]: *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/>.

[^650]: We recognize that this total differs slightly from that
    contained in *Broadcast Station Totals*, *supra* FRFA note 23;
    however, we are using BIA's estimate for purposes of this revenue
    comparison.

[^651]: *See* *Broadcast Station Totals*, *supra* FRFA note 23.

[^652]: "\[Business concerns\] 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).

[^653]: *See* 13 C.F.R. § 121.201, NAICS Code 515120.

[^654]: *See* *Broadcast Station Totals*, *supra* FRFA note 23.

[^655]: *See* *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9548, app.
    C.

[^656]: MVPDs include such entities as Direct Broadcast Satellite (DBS)
    providers, private cable operators (PCOs), also known as satellite
    master antenna television (SMATV) systems, home satellite dish (HSD)
    services, multipoint distribution services (MDS)/multichannel
    multipoint distribution service (MMDS), Instructional Television
    Fixed Service (ITFS), local multipoint distribution service (LMDS)
    and open video systems (OVS).

[^657]: *See* *Third DTV Periodic Review NPRM*, 22 FCC Rcd at 9548, app.
    C.

[^658]: *See* *id*.

[^659]: *See supra* Section V.A.1. of the Report and Order.

[^660]: *See supra* Section V.D. of the Report and Order.

[^661]: *See* *supra* Section V.D.2. of the Report and Order.

[^662]: *See supra* Section V.H.3. of the Report and Order. 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*.

[^663]: *See* *supra* Section V.H.5. of the Report and Order.

[^664]: *See*, *supra*, Sections V.B.3. of the Report and Order.

[^665]: To request various opportunities for regulatory flexibility,
    stations would have to file applications with the Commission. *See*,
    *e.g.*, Section VI.B. of the Report and Order (listing proposed
    information collections contained in the Report and Order).

[^666]: *See supra* Section V.A.1.of the Report and Order.

[^667]: *See* 47 C.F.R. §§ 73.1690(b), 73.3533(a), 73.3538.

[^668]: *Id.*

[^669]: *See supra* Section V.D. of the Report and Order.

[^670]: *See id*.

[^671]: *See supra* Section V.H.3. of the Report and Order. *See also*
    revised rule 47 C.F.R. § 73.682(d) in Appendix B of the Report and
    Order.

[^672]: *Id*.

[^673]: *See supra* Section V.H.3. of the Report and Order.

[^674]: *See supra* Section V.H.5. of the Report and Order. *See also*
    revised rule 47 C.F.R. § 73.1201 in Appendix B of the Report and
    Order.

[^675]: 5 U.S.C. § 603(c)(1)-(c)(4)

[^676]: *See supra* Section V.D.1. of the Report and Order.

[^677]: *See supra* Section V.E. of the Report and Order.

[^678]: *See supra* Section V.B.1. of the Report and Order.

[^679]: *See supra* Section V.C.3.a. of the Report and Order.

[^680]: *See supra* Section V.B.7.a. of the Report and Order.

[^681]: *See supra* Section V.B.7.b. of the Report and Order.

[^682]: *Id*.

[^683]: *See supra* Section V.C.2-3. of the Report and Order.

[^684]: *See supra* Section V.C.1. of the Report and Order.

[^685]: *See supra* Section V.H.3. of the Report and Order.

[^686]: *See* 5 U.S.C. § 801(a)(1)(A). The Congressional Review Act is
    contained in Title II, § 251, of the CWAAA; see Pub. L. No. 104-121,
    Title II, § 251, 110 Stat. 868.

[^687]: *See* 5 U.S.C. § 604(b).