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 Federal  Communications  Commission  DA  02-  3176 
 Before  the  Federal  Communications  Commission 


 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 


 Amendment  of  Section  73.622(  b),  )  MM  Docket  No.  00-  138  Table  of  Allotments,  )  RM-  9896 
 Digital  Television  Broadcast  Stations.  )  (Boca  Raton,  Florida)  ) 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  November  14,  2002  Released:  November  20,  2002 
 By  the  Chief,  Video  Division: 
 1.  We  herein  consider  a  Petition  for  Reconsideration  of  our  action  taken  at  the  request  of  The  School  Board  of  Broward  County,  Florida  (  School  Board),  licensee  of  noncommercial 
 educational  station  WPPB-  TV,  NTSC  Channel  *63,  Boca  Raton,  Florida,  substituting  DTV  Channel  *40  for  station  WPPB-  TV's  assigned  DTV  Channel  *44.  See  Report  and  Order  in  MM 
 Docket  No.  00-  138,  17  FCC  Rcd  7114  (2002)  (  Report  and  Order).  The  petition  was  filed  by  Sherjan  Broadcasting  Company,  Inc.  ("  Sherjan"),  and  a  Joint  Opposition  was  filed  by  School 
 Board  and  Guenter  Marksteiner  (collectively  "Proponents").  1 
 2.  Sherjan  is  the  licensee  of  Class  A  station  WJAN-  CA,  operating  on  channel  41  at  Miami,  Florida.  It  filed  comments  opposing  the  channel  substitution  proposal,  alleging,  among 
 other  things,  that  the  proposed  allotment  of  DTV  Channel  *40  at  Boca  Raton  would  be  first-adjacent  to  WJAN-  CA  and  would  result  in  prohibited  contour  overlap  with  its  Class  A  station. 
 In  response,  Proponents  asserted  that  because  the  channel  substitution  proposal  meets  the  relevant  technical  requirements,  including  interference  protection  rules  and  policies  for  Class  A 
 stations,  Sherjans  objection  was  without  merit.  2 
 3.  Using  the  propagation  methods  outlined  in  OET  Bulletin  69,  and  based  on  our  own  independent  review  of  the  desired-  to-  undesired  signal  ratio,  we  calculated  that  due  to  the 
 proposed  channel  substitution,  WJAN-  CA  will  receive  interference  to  only  1.03%  of  its  service  population,  well  below  2  percent  of  its  population  served,  and  therefore  such  interference  must 
 be  accepted  by  that  Class  A  station.  We  concluded  that  because  the  proposed  channel  change 


 1  Sherjan  filed  a  response  to  the  Joint  Opposition.  Marksteiner,  a  party  to  the  earlier  proceeding,  also  filed  a 
 Petition  for  Leave  to  File  Response  and  Response  to  Reply  which  Sherjan  opposes. 


 2  Marksteiner  argues  that  the  Longley-  Rice  terrain  dependent  propagation  methods  outlined  in  OET  Bulletin  69 
 establish  that  WPPB  operating  on  DTV  Channel  *40  would  cause  predicted  interference  to  only  0.03%  of  station  WJAN-  CA's  service  area,  well  within  the  service  population  rounding  tolerance  of  0.5  percent. 
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 complied  with  city-  grade  service  and  interference  protection  requirements,  and  was  otherwise  consistent  with  the  Commissions  technical  standards,  the  proposed  channel  substitution  was  in 
 the  public  interest. 
 4.  In  its  reconsideration  petition,  Sherjan  contends  that  the  allotment  of  DTV  Channel  *40  to  Boca  Raton  is  based  on  an  erroneous  reading  of  the  Commissions  Rules.  Specifically,  it 
 states  that  the  2  percent  interference  threshold  does  not  apply  to  Class  A  stations.  It  asserts  that  Section  73.623(  c)(  5)  of  the  Commissions  Rules  provides  that  a  DTV  proposal  will  not  be 
 accepted  if  it  is  predicted  to  cause  any  interference  (beyond  a  permitted  rounding  tolerance  of  0.5  percent)  to  a  Class  A  station,  and  that  there  is  no  2  percent  exception.  See  also  Establishment  of 
 a  Class  A  Television  Service,  15  FCC  Rcd  6355,  6388  (2000).  Accordingly,  having  concluded  that  the  Boca  Raton  proposal  would  cause  interference  to  1.03  percent  of  WJAN-  CAs  service 
 population,  Sherjan  argues  that  the  allotment  of  DTV  Channel  *40  at  Boca  Raton  must  be  rescinded. 


 5.  Proponents  state  that  without  regard  to  applicable  interference  limits,  the  factual  premise  of  Sherjans  argument    that  there  will  be  interference  to  1.03  percent  of  WJAN-  CAs 
 service  population    is  incorrect.  They  state  that  the  interference  figure  is  overstated  as  it  was  measured  under  a  computer  program  with  the  standard  default  value  to  implement  OET  Bulletin 
 69,  which  shows  interference  to  a  portion  of  one  particular  2-  kilometer  (km)  resolution  calculation  area  cell  which  has  a  large  population.  Because  that  program  shows  interference  to 
 a  portion  of  that  cell,  the  population  of  the  entire  cell  is  calculated  to  receive  interference.  However,  Proponents  maintain  that  the  Commission  has  approved  the  use  of  a  more  accurate  1- 
 km  cell  size  resolution  because  the  finer  resolution  eliminates  those  persons  that  might  be  included  in  a  larger  cell  population  count  that  would  not  actually  receive  interference.  3  Using 
 the  l-  km  cell  size  resolution  calculations,  Proponents  contend  that  the  approved  channel  change  will  result  in  interference  affecting  only  0.42  percent  of  the  WJAN-  CA  service  area,  and  thus 
 within  the  0.5  percent  rounding  tolerance  used  by  the  Commission.  4  In  reply,  Sherjan  states  that  the  inherent  accuracy  limitations  of  the  Longley-  Rice  propagation  model  on  which  OET  Bulletin 
 69  relies  makes  use  of  a  2  km  cell  size  more  appropriate.  It  argues  that  the  use  of  the  finer  resolution  is  improper  to  pry  compliance  out  of  an  otherwise  defective  proposal. 


 6.  Sherjan  does  not  specifically  dispute  the  results  of  Proponents  interference  calculations.  It  does  claim,  however,  that  the  arguments  concerning  the  appropriate  method  of 
 calculating  interference  based  on  different  cell  sizes  were  not  raised  previously,  were  not  discussed  in  the  Report  and  Order  and  therefore  should  not  now  be  entertained.  In  response, 
 Proponents  state  that  their  previously  submitted  analysis  demonstrated  interference  to  less  than 


 3  See  Public  Notice,  Additional  Application  Processing  Guidelines  for  Digital  Television  (DTV),  released  August 
 10,  1998  (  1998  Public  Notice). 


 4  Proponents  also  state  that  the  instant  channel  change  will  provide  additional  protection  to  the  modified  facilities 
 of  WJAN-  CA  as  proposed  in  Sherjans  pending  application  (BPTTA-  20010116AGG),  causing  interference  to  only  0.17  percent  of  the  population  within  WJAN-  CAs  new  service  contour. 
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 0.5%  of  WJAN-  CAs  service  area  population  using  a  computer  program  employing  OET  69  techniques  with  adjustments  for  population  location.  Specifically,  they  used  a  standard  cell 
 calculation  size  of  2  km,  but  employed  a  terrain  profile  step  size  of  0.1  km,  which  provides  a  finer  resolution  and  more  accurate  measurement,  rather  than  the  Commissions  standard  1  km 
 step  size.  This  was  done,  they  assert,  to  account  for  interference  to  a  portion  of  one  particular  calculation  area  cell  which  has  a  large  population  that  does  not  actually  receive  interference  but 
 would  otherwise  be  counted  in  its  tabulation.  They  maintain  that  the  new  interference  study  shows  very  similar  interference  area  locations  as  their  previous  study,  but  yields  somewhat  lower 
 population  figures  when  based  on  the  more  accurate  1  km  cell  size  measurement.  Proponents  contend  that  their  initial  interference  study  was  more  accurate  than  standard  prediction 
 methodology  using  the  0.1  km  terrain  profile  step  (0.03  %),  and  even  more  accurate  using  the  1  km  cell  size  measurement  (0.42%),  both  of  which  yield  results  demonstrating  interference  below 
 the  0.5  percent  rounding  tolerance.  They  claim  the  subsequent  submission  of  an  interference  study  based  on  the  new  Commission  computer  program  is  sufficiently  similar  to  and,  in  any 
 event,  more  accurate  than  their  previous  interference  study. 
 7.  Discussion.  Sherjan  is  correct  that  the  staff  erroneously  concluded  that  a  Class  A  station  must  accept  interference  of  up  to  2  percent  of  its  service  population.  Section  73.623(  c)(  5) 
 of  the  Commissions  Rules  provides  that  proposals  to  expand  a  DTV  stations  allotted  or  authorized  coverage  area  will  not  be  accepted  if  it  is  expected  to  cause  interference  to  a  Class  A 
 television  station.  This  no  interference  standard,  as  Sherjan  recognizes,  is  subject  to  a  rounding  tolerance  of  0.5  percent.  Proponents  do  not  challenge  that,  but  instead  argue  that  under 
 any  interference  standard,  the  proposed  channel  substitution  will  not  result  in  objectionable  interference  to  WJAN-  CA. 


 8.  In  applying  the  interference  standard  of  2  percent  of  WJAN-  CAs  service  population,  it  was  previously  unnecessary  to  discuss  Proponents  interference  prediction  methodology   
 whether  based  on  the  Commissions  standard  computer  program  or  Proponents  alternative  showing  (discussed  infra.)  it  was  below  2  percent.  5  However,  we  must  now  re-  examine  the 
 technical  information  submitted  by  Proponents  to  assure  compliance  with  Section  73.623(  c)(  5)  of  the  Rules.  In  this  regard,  the  technical  information  initially  submitted  in  support  of  School 
 Boards  requested  channel  substitution  was  specifically  identified  as  based  on  Longley-  Rice  propagation  methods,  including  the  use  of  the  alternative  showing  employing  a  2-  km  cell  size 
 with  a  terrain  profile  step  size  of  0.1  km  to  demonstrate  lack  of  unacceptable  interference.  The  1998  Public  Notice  permits  a  DTV  applicant  to,  among  other  things,  submit  a  technical 
 interference  study  based  on  a  finer  resolution  than  the  Commissions  standard,  and  request  Commission  review  it  on  that  basis.  Id.,  at  2.  As  explained  by  School  Board  in  its  original 
 submission,  and  based  on  its  explanation  of  the  use  of  the  alternative  calculation,  it  demonstrated  that  no  more  than  0.03  percent  new  interference  would  be  caused  to  WJAN-  CAs  service 
 population.  6  Proponents  subsequent  interference  study,  showing  interference  to  0.42  percent 
 5  The  1.03%  new  interference  determination  was  consistent  with  the  Commissions  standard  computational  model 
 based  on  a  2-  km  cell  size  with  a  1-  km  terrain  profile  step  size. 
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 new  interference  to  WJAN-  CA  based  on  the  use  of  the  even  higher  resolution  1-  km  cell  size  measurement,  is  an  even  more  accurate  interference  calculation.  7  Thus,  even  rejecting  the  more 
 accurate  figures  subsequently  submitted,  as  Sherjan  advocates,  the  proposed  channel  change  results  in  new  interference  to  less  than  0.5  percent  of  WJAN-  CAs  current  service  population. 
 We  are  not  persuaded  by  Sherjans  argument  that  the  use  of  1-  km  cell  size  resolution  is  inappropriate  to  calculate  new  interference  in  this  specific  case.  Moreover,  our  independent 
 analysis  of  Proponents  interference  showing  indicates  that  School  Boards  proposal  complies  with  Section  73.623(  c)(  5)  of  the  Commissions  Rules  with  respect  to  WJAN-  CA,  and  is 
 otherwise  acceptable. 
 9.  Accordingly,  IT  IS  ORDERED,  That  the  Petition  for  Reconsideration  filed  by  Sherjan  Broadcasting  Company,  Inc.  IS  GRANTED  to  the  extent  indicated  herein,  and  IS  DENIED  in  all 
 other  respects. 
 10.  IT  IS  FURTHER  ORDERED,  That  our  action  taken  at  the  request  of  The  School  Board  of  Broward  County,  Florida  (  School  Board),  licensee  of  noncommercial  educational 
 station  WPPB-  TV,  NTSC  Channel  *63,  Boca  Raton,  Florida,  substituting  DTV  Channel  *40  at  Boca  Raton,  Florida,  for  station  WPPB-  TV's  assigned  DTV  Channel  *44  IS  AFFIRMED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Barbara  A.  Kreisman  Chief,  Video  Division 
 Media  Bureau 


 6  See  Joint  Petition  for  Rulemaking  (MM  Docket  00-  138),  filed  February  8,  2000,  Engineering  Statement  p.  1. 
 7  In  this  regard,  the  two  interference  studies  showed  similar  areas  that  would  be  affected  by  the  proposed  channel 
 change,  but  the  percentage  of  population  affected  is  a  result  of  the  more  precise  interference  study  based  on  a  1-  km  cell  size  measurement. 
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